I 

117TH CONGRESS 

1ST SESSION H. R. 3684 

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

transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2021 

Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. PAYNE) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes. 

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 

5 Vision for the Environment and Surface Transportation 

6 in 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. 


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DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS 

FOR FISCAL YEAR 2022 

Sec. 101. Definitions. 

Sec. 102. Extension of Federal Surface Transportation programs. 

Sec. 103. Additional amounts for the Federal-aid highway program and member designated projects. 

Sec. 104. Federal Transit Administration. 

Sec. 105. National highway traffic safety administration. 

Sec. 106. Federal motor carrier safety administration. 

Sec. 107. Member designated project authorizations. 

DIVISION B—SURFACE TRANSPORTATION 

Sec. 1001. Applicability of division. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Program Conditions 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation limitation. 

Sec. 1103. Definitions and declaration of policy. 

Sec. 1104. Apportionment. 

Sec. 1105. Additional deposits into Highway Trust Fund. 

Sec. 1106. Transparency. 

Sec. 1107. Complete and context sensitive street design. 

Sec. 1108. Innovative project delivery Federal share. 

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

Sec. 1110. Tolling. 

Sec. 1111. HOV facilities. 

Sec. 1112. Buy America. 

Sec. 1113. Federal-aid highway project requirements. 

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

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

Sec. 1116. Corrosion prevention for bridges. 

Sec. 1117. Sense of Congress. 

Sec. 1118. Accommodation of certain facilities in right-of-way. 

Sec. 1119. Federal grants for pedestrian and bike safety improvements. 

Subtitle B—Programmatic Infrastructure Investment 

Sec. 1201. National highway performance program. 

Sec. 1202. Increasing the resilience of transportation assets. 

Sec. 1203. Emergency relief. 

Sec. 1204. Railway crossings. 

Sec. 1205. Surface transportation program. 

Sec. 1206. Transportation alternatives program. 

Sec. 1207. Bridge investment. 

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

Sec. 1209. Highway safety improvement program. 

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

Sec. 1211. Electric vehicle charging stations. 

Sec. 1212. National highway freight program. 

Sec. 1213. Carbon pollution reduction. 

Sec. 1214. Recreational trails. 

Sec. 1215. Safe routes to school program. 


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Sec. 1216. Bicycle transportation and pedestrian walkways. 

Sec. 1217. Noise barriers. 

Sec. 1218. Safe streets for all. 

Sec. 1219. Youth service and conservation corps. 

Subtitle C—Project-Level Investments 

Sec. 1301. Projects of national and regional significance. 

Sec. 1302. Community transportation investment grant program. 

Sec. 1303. Clean corridors program. 

Sec. 1304. Community climate innovation grants. 

Sec. 1305. Metro performance program. 

Sec. 1306. Gridlock reduction grant program. 

Sec. 1307. Rebuild rural bridges program. 

Sec. 1308. Parking for commercial motor vehicles. 

Sec. 1309. Active connected transportation grant program. 

Sec. 1310. Wildlife crossings program. 

Sec. 1311. Reconnecting neighborhoods program. 

Sec. 1312. Apprenticeship utilization. 

Subtitle D—Planning, Performance Management, and Asset Management 

Sec. 1401. Metropolitan transportation planning. 

Sec. 1402. Statewide and nonmetropolitan transportation planning. 

Sec. 1403. National goals and performance management measures. 

Sec. 1404. Transportation demand data and modeling study. 

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

Subtitle E—Federal Lands, Tribes, and Territories 

Sec. 1501. Territorial and Puerto Rico highway program. 

Sec. 1502. Tribal transportation program. 

Sec. 1503. Tribal High Priority Projects program. 

Sec. 1504. Federal lands transportation program. 

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

Sec. 1506. Office of Tribal Government Affairs. 

Sec. 1507. Alternative contracting methods. 

Sec. 1508. Divestiture of federally owned bridges. 

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

Sec. 1510. GAO study. 

Sec. 1511. Federal lands access program. 

Subtitle F—Additional Provisions 

Sec. 1601. Vision zero. 

Sec. 1602. Speed limits. 

Sec. 1603. Dig Once for broadband infrastructure deployment. 

Sec. 1604. Stormwater best management practices. 

Sec. 1605. Pedestrian facilities in the public right-of-way. 

Sec. 1606. Highway formula modernization report. 

Sec. 1607. Consolidation of programs. 

Sec. 1608. Student outreach report to Congress. 

Sec. 1609. Task force on developing a 21st century surface transportation 

workforce. 

Sec. 1610. On-the-job training and supportive services. 

Sec. 1611. Appalachian development highway system funding flexibility. 

Sec. 1612. Transportation education development program. 


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Sec. 1613. Working group on construction resources. 

Sec. 1614. Numbering system of highway interchanges. 

Sec. 1615. Toll credits. 

Sec. 1616. Transportation construction materials procurement. 

Sec. 1617. Nationwide road safety assessment. 

Sec. 1618. Climate resilient transportation infrastructure study. 

Sec. 1619. Natural gas, electric battery, and zero emission vehicles. 

Sec. 1620. Guidance on evacuation routes. 

Sec. 1621. High priority corridors on National Highway System. 

Sec. 1622. Guidance on inundated and submerged roads. 

Sec. 1623. Dry bulk weight tolerance. 

Sec. 1624. Highway use tax evasion projects. 

Sec. 1625. Labor standards. 

Sec. 1626. Climate resiliency report by GAO. 

Sec. 1627. Designation of John R. Lewis Voting Rights Highway. 

Sec. 1628. GAO study on capital needs of public ferries. 

Sec. 1629. Use of modeling and simulation technology. 

Sec. 1630. GAO study on per-mile user fee equity. 

Sec. 1631. GAO review of equity considerations at state DOTs. 

Sec. 1632. Study on effectiveness of suicide prevention nets and barriers for 

structures other than bridges. 

Sec. 1633. Repeal of pilot program. 

Sec. 1634. Technical corrections. 

TITLE II—PUBLIC TRANSPORTATION 

Subtitle A—Federal Transit Administration 

Sec. 2101. Authorizations. 

Sec. 2102. Chapter 53 definitions. 

Sec. 2103. General provisions. 

Sec. 2104. Miscellaneous provisions. 

Sec. 2105. Policies and purposes. 

Sec. 2106. Fiscal years 2022 and 2023 formulas. 

Sec. 2107. Metropolitan transportation planning. 

Sec. 2108. Statewide and nonmetropolitan transportation planning. 

Sec. 2109. Obligation limitation. 

Sec. 2110. Public transportation emergency relief funds. 

Sec. 2111. Certification requirements. 

Sec. 2112. Hold harmless. 

Sec. 2113. Study on accessibility of public transportation. 

Subtitle B—Improving Frequency and Ridership 

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

Sec. 2202. Incentivizing frequency in the urban formula. 

Sec. 2203. Mobility innovation. 

Sec. 2204. Formula grants for rural areas. 

Sec. 2205. One-stop paratransit program. 

Subtitle C—Buy America and Other Procurement Reforms 

Sec. 2301. Buy America. 

Sec. 2302. Bus procurement streamlining. 

Sec. 2303. Bus testing facility. 

Sec. 2304. Repayment requirement. 

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


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

Sec. 2307. Spare ratio waiver. 

Subtitle D—Bus Grant Reforms 

Sec. 2401. Formula grants for buses. 

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

Sec. 2403. Zero emission bus grants. 

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

Sec. 2405. Workforce development training grants. 

Subtitle E—Supporting All Riders 

Sec. 2501. Low-income urban formula funds. 

Sec. 2502. Rural persistent poverty formula. 

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

Sec. 2504. Equity in transit service planning. 

Sec. 2505. GAO study on fare-free transit. 

Subtitle F—Supporting Frontline Workers and Passenger Safety 

Sec. 2601. National transit frontline workforce training center. 

Sec. 2602. Public transportation safety program. 

Sec. 2603. Innovation workforce standards. 

Sec. 2604. Safety performance measures and set asides. 

Sec. 2605. U.S. Employment Plan. 

Sec. 2606. Technical assistance and workforce development. 

Subtitle G—Transit-Supportive Communities 

Sec. 2701. Transit-supportive communities. 

Sec. 2702. Property disposition for affordable housing. 

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

Subtitle H—Innovation 

Sec. 2801. Mobility innovation sandbox program. 

Sec. 2802. Transit bus operator compartment redesign program. 

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

Sec. 2804. Technical corrections. 

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

Sec. 2806. Public transportation innovation. 

Sec. 2807. Transit vehicle battery recycling and reuse. 

Subtitle I—Other Program Reauthorizations 

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

Washington Metropolitan Area Transit Authority. 

Sec. 2902. Other apportionments. 

Subtitle J—Streamlining 

Sec. 2911. Fixed guideway capital investment grants. 

Sec. 2912. Rural and small urban apportionment deadline. 

Sec. 2913. Disposition of assets beyond useful life. 

Sec. 2914. Innovative coordinated access and mobility. 

Sec. 2915. Passenger ferry grants. 

Sec. 2916. Evaluation of benefits and Federal investment. 


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Sec. 2917. Best practices for the application of National Environmental Policy 

Act of 1969 to federally funded bus shelters. 

Sec. 2918. Capital investment grant streamlining. 

TITLE III—HIGHWAY TRAFFIC SAFETY 

Sec. 3001. Authorization of appropriations. 

Sec. 3002. Highway safety programs. 

Sec. 3003. Fair and equitable traffic safety enforcement. 

Sec. 3004. Highway safety research and development. 

Sec. 3005. Grant program to prohibit racial profiling. 

Sec. 3006. National safety campaigns. 

Sec. 3007. National priority safety programs. 

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

or driving under the influence. 

Sec. 3009. National priority safety program grant eligibility. 

Sec. 3010. Implicit bias research and training grants. 

Sec. 3011. Stop motorcycle checkpoint funding. 

Sec. 3012. Electronic driver’s license. 

Sec. 3013. Motorcyclist Advisory Council. 

Sec. 3014. Report on marijuana research. 

Sec. 3015. Comptroller General study on national DUI reporting. 

TITLE IV—MOTOR CARRIER SAFETY 

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

Sec. 4101. Motor carrier safety grants. 

Sec. 4102. Motor carrier safety operations and programs. 

Sec. 4103. Immobilization grant program. 

Sec. 4104. Operation of small commercial vehicles study. 

Subtitle B—Motor Carrier Safety Oversight 

Sec. 4201. Motor carrier safety advisory committee. 

Sec. 4202. Compliance, safety, accountability. 

Sec. 4203. Terms and conditions for exemptions. 

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

Sec. 4205. Providers of recreational activities. 

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

goods in interstate commerce. 

Sec. 4207. Broker guidance. 

Subtitle C—Commercial Motor Vehicle Driver Safety 

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

Sec. 4302. Alcohol and controlled substances testing. 

Sec. 4303. Entry-level driver training. 

Sec. 4304. Driver detention time. 

Sec. 4305. Truck Leasing Task Force. 

Sec. 4306. Hours of service. 

Sec. 4307. Driver recruitment. 

Sec. 4308. Screening for obstructive sleep apnea. 

Sec. 4309. Women of Trucking Advisory Board. 

Sec. 4310. Application of commercial motor vehicle safety. 

Sec. 4311. Use of data. 


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Subtitle D—Commercial Motor Vehicle and Schoolbus Safety 

Sec. 4401. Schoolbus safety standards. 

Sec. 4402. Illegal passing of schoolbuses. 

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

Sec. 4404. Automatic emergency braking. 

Sec. 4405. Underride protection. 

Sec. 4406. Transportation of horses. 

Sec. 4407. Additional State authority. 

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

vehicles. 

Sec. 4409. Universal electronic identifier. 

TITLE V—INNOVATION 

Sec. 5001. Authorization of appropriations. 

Subtitle A—Research and Development 

Sec. 5101. Highway research and development program. 

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

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

Sec. 5104. University transportation centers program. 

Sec. 5105. Unsolicited research initiative. 

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

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

Sec. 5108. Research activities. 

Sec. 5109. Transportation equity research program. 

Sec. 5110. Surface transportation research, development, and technology. 

Sec. 5111. Metropolitan planning research pilot program. 

Subtitle B—Technology Deployment 

Sec. 5201. Technology and innovation deployment program. 

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

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

Subtitle C—Emerging Technologies 

Sec. 5301. Mobility through advanced technologies. 

Sec. 5302. Intelligent transportation systems program. 

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

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

users. 

Sec. 5305. Nontraditional and Emerging Transportation Technology Council. 

Sec. 5306. Surface transportation workforce retraining grant program. 

Sec. 5307. Third-party data integration pilot program. 

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

Sec. 5309. Automated Commercial Vehicle Reporting. 

Subtitle D—Surface Transportation Funding Pilot Programs 

Sec. 5401. State surface transportation system funding pilots. 

Sec. 5402. National surface transportation system funding pilot. 


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Subtitle E—Miscellaneous 

Sec. 5501. Ergonomic seating working group. 

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

Sec. 5503. Transportation workforce outreach program. 

Sec. 5504. Advisory council on transportation statistics. 

Sec. 5505. GAO Review of Discretionary Grant Programs. 

TITLE VI—MULTIMODAL TRANSPORTATION 

Sec. 6001. National multimodal freight policy. 

Sec. 6002. National freight strategic plan. 

Sec. 6003. National multimodal freight network. 

Sec. 6004. State freight advisory committees. 

Sec. 6005. State freight plans. 

Sec. 6006. Study of freight transportation fee. 

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

TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT 

Sec. 7001. Transportation Infrastructure Finance and Innovation Act. 

DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 8001. Short title. 

TITLE I—AUTHORIZATIONS 

Sec. 8101. Authorization of appropriations. 

TITLE II—HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT 

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

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

Sec. 8203. Hazardous materials training requirements and grants. 

Sec. 8204. Lithium battery approval. 

DIVISION D—RAIL 

Sec. 9001. Short title. 

TITLE I—AUTHORIZATIONS 

Sec. 9101. Authorization of appropriations. 

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

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

Sec. 9104. Railroad rehabilitation and improvement financing. 

Sec. 9105. Bridges, stations, and tunnels (BeST) grant program. 

Sec. 9106. Buy America. 

TITLE II—AMTRAK REFORMS 

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

Sec. 9202. Amtrak status. 

Sec. 9203. Board of Directors. 

Sec. 9204. Amtrak preference enforcement. 

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

Sec. 9206. Prohibition on mandatory arbitration. 


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Sec. 9207. Amtrak ADA assessment. 

Sec. 9208. Prohibition on smoking on Amtrak trains. 

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

Sec. 9210. Amtrak Police Department. 

Sec. 9211. Amtrak food and beverage. 

Sec. 9212. Clarification on Amtrak contracting out. 

Sec. 9213. Amtrak staffing. 

Sec. 9214. Special transportation. 

Sec. 9215. Disaster and emergency relief program. 

Sec. 9216. Access to recreational trails. 

Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant program. 

Sec. 9218. Amtrak and private cars. 

Sec. 9219. Amtrak Office of Community Outreach. 

Sec. 9220. Long-distance customer enhancement program. 

Sec. 9221. Amtrak carbon-free and renewable energy initiatives. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 9301. Northeast Corridor Commission. 

Sec. 9302. Northeast Corridor planning. 

Sec. 9303. Protective arrangements. 

Sec. 9304. Interstate rail compacts. 

Sec. 9305. High-speed rail updates. 

Sec. 9306. State rail planning formula funds. 

TITLE IV—COMMUTER RAIL POLICY 

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

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

TITLE V—RAIL SAFETY 

Subtitle A—Passenger and Freight Safety 

Sec. 9501. Study on safety impact of long trains. 

Sec. 9502. FRA safety reporting. 

Sec. 9503. Waiver notice requirements. 

Sec. 9504. Notice of FRA comprehensive safety culture assessments. 

Sec. 9505. FRA accident and incident investigations. 

Sec. 9506. Freight train crew size safety standards. 

Sec. 9507. Border crossings. 

Sec. 9508. Yardmasters hours of service. 

Sec. 9509. Leaking brakes. 

Sec. 9510. Report on PTC system failures. 

Sec. 9511. Fatigue reduction management plans. 

Sec. 9512. Assault prevention and response plans. 

Sec. 9513. Critical incident stress plans. 

Sec. 9514. Crewmember certification and qualification. 

Sec. 9515. Safety management team communication. 

Sec. 9516. GAO study on reorganization of Office of Railroad Safety. 

Sec. 9517. Open-top rail car public input. 

Sec. 9518. New passenger service pre-revenue safety validation plan. 

Sec. 9519. Safety oversight of nontraditional and emerging rail technologies. 

Subtitle B—Grade Crossing Safety 


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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. 

Sec. 9602. Advance acquisition. 

Sec. 9603. University rail climate innovation grant program. 

Sec. 9604. Workforce diversity and development. 

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

States. 

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 

9 2022 

10 SEC. 101. DEFINITIONS. 

11 In this division, the following definitions apply: 

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

13 Account’’ means the portion of the Highway Trust 

14 Fund that is not the Mass Transit Account. 

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

16 Transit Account’’ means the portion of the Highway 


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

2 the Internal Revenue Code of 1986. 

3 (3) MEMBER DESIGNATED PROJECT.—The 

4 term ‘‘member designated project’’ means a project 

5 listed in the table in section 107. 

6 (4) MEMBER DESIGNATED PROJECT FUNDS.— 

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

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

9 (f)(1)(A), and (g)(1)(A) to carry out member des10 ignated projects listed in the table in section 107(c). 

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

12 the Secretary of Transportation. 

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

14 States and the District of Columbia. 

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

16 any of the following territories of the United States: 

17 (A) American Samoa. 

18 (B) The Commonwealth of the Northern 

19 Mariana Islands. 

20 (C) Guam. 

21 (D) The United States Virgin Islands. 

22 SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPOR23 TATION PROGRAMS. 

24 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR25 TATION PROGRAMS.— 


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

2 this division, the requirements, authorities, condi3 tions, eligibilities, limitations, and other provisions 

4 authorized under the covered laws, which would oth5 erwise expire on or cease to apply after September 

6 30, 2021, are incorporated by reference and shall 

7 continue in effect through September 30, 2022. 

8 (2) AUTHORIZATION OF APPROPRIATIONS.— 

9 (A) HIGHWAY TRUST FUND.— 

10 (i) HIGHWAY ACCOUNT.— 

11 (I) IN GENERAL.—Except as pro12 vided in subclause (II), there is au13 thorized to be appropriated from the 

14 Highway Account for fiscal year 2022, 

15 for each program under the covered 

16 laws with respect to which amounts 

17 are authorized to be appropriated 

18 from such account for fiscal year 

19 2021, an amount equal to the amount 

20 authorized for appropriation with re21 spect to the program from such ac22 count for fiscal year 2021. 

23 (II) ADMINISTRATIVE EX24 PENSES.—Notwithstanding any other 

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1 thorized to be appropriated from the 

2 Highway Account for fiscal year 

3 2022— 

4 (aa) $516,000,000 for ad5 ministrative expenses of the Fed6 eral Highway Administration, as 

7 described in section 104(a) of 

8 title 23, United States Code; and 

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

10 administrative expenses of the 

11 National Highway Traffic Safety 

12 Administration, as described in 

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

14 Act (Public Law 114–94). 

15 (ii) MASS TRANSIT ACCOUNT.— 

16 (I) IN GENERAL.—There is au17 thorized to be appropriated from the 

18 Mass Transit Account for fiscal year 

19 2022, for each program under the 

20 covered laws with respect to which 

21 amounts are authorized to be appro22 priated from such account for fiscal 

23 year 2021, an amount equal to the 

24 amount authorized for appropriation 


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1 with respect to the program from such 

2 account for fiscal year 2021. 

3 (II) CONDITION FOR APPORTION4 MENT.—No funds authorized in this 

5 division or any other Act may be used 

6 to adjust Mass Transit Account ap7 portionments or withhold funds from 

8 Mass Transit Account apportionments 

9 pursuant to section 9503(e)(4) of the 

10 Internal Revenue Code of 1986 in fis11 cal year 2022. 

12 (B) GENERAL FUND.— 

13 (i) IN GENERAL.—Except as provided 

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

15 to be appropriated for fiscal year 2022, for 

16 each program under covered laws with re17 spect to which amounts are authorized to 

18 be appropriated for fiscal year 2021 from 

19 an account other than the Highway Ac20 count or the Mass Transit Account, an 

21 amount not less than the amount author22 ized for appropriation with respect to the 

23 program under the covered laws for fiscal 

24 year 2021. 


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1 (ii) ADMINISTRATIVE EXPENSES.— 

2 Notwithstanding any other provision of 

3 this division, there is authorized to be ap4 propriated from the general fund of the 

5 Treasury for fiscal year 2022 

6 $131,500,000 for necessary administrative 

7 expenses of the Federal Transit Adminis8 tration. 

9 (iii) CAPITAL INVESTMENT GRANTS.— 

10 Notwithstanding any other provision of 

11 this division, there is authorized to be ap12 propriated from the general fund of the 

13 Treasury for fiscal year 2022 

14 $3,250,000,000 to carry out section 5309 

15 of title 49, United States Code. 

16 (3) USE OF FUNDS.—Except as otherwise pro17 vided in this division, amounts authorized to be ap18 propriated for fiscal year 2022 with respect to a pro19 gram under paragraph (2) shall be distributed, ad20 ministered, limited, and made available for obliga21 tion in the same manner as amounts authorized to 

22 be appropriated with respect to the program for fis23 cal year 2021 under the covered laws. 

24 (4) OBLIGATION LIMITATION.— 


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

2 subparagraph (B), a program for which 

3 amounts are authorized to be appropriated 

4 under paragraph (2)(A) shall be subject to a 

5 limitation on obligations for fiscal year 2022 in 

6 the same amount and in the same manner as 

7 the limitation applicable with respect to the 

8 program for fiscal year 2021 under the title I 

9 of the Transportation, Housing and Urban De10 velopment, and Related Agencies Appropria11 tions Act, 2021 (Public Law 116–260). 

12 (B) FEDERAL-AID HIGHWAY AND HIGHWAY

13 SAFETY CONSTRUCTION PROGRAMS.— 

14 (i) IN GENERAL.—Notwithstanding 

15 any other provision of this section, section 

16 1102 of the FAST Act (Public Law 114– 

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

18 the Continuing Appropriations Act, 2021 

19 and Other Extensions Act (Public Law 

20 116–159), or title I of the Transportation, 

21 Housing and Urban Development, and Re22 lated Agencies Appropriations Act, 2021 

23 (Public Law 116–260), for fiscal year 

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1 way and highway safety construction pro2 grams shall not exceed $46,400,294,311. 

3 (ii) LIMITATION ON FEDERAL HIGH4 WAY ADMINISTRATION ADMINISTRATIVE

5 EXPENSES.—Notwithstanding any other 

6 provision of this section, of the amount de7 scribed in clause (i), for fiscal year 2022 

8 an amount not to exceed $492,000,000 to9 gether with advances and reimbursements 

10 received by the Federal Highway Adminis11 tration, shall be obligated for necessary ex12 penses for administration and operation of 

13 the Federal Highway Administration or 

14 transferred to the Appalachian Regional 

15 Commission for administrative activities 

16 associated with the Appalachian Develop17 ment Highway System. 

18 (b) NATIONALLY SIGNIFICANT FREIGHT AND HIGH19 WAY PROJECTS.—Section 117(d)(2)(A) of title 23, United 

20 States Code, is amended in the matter preceding clause 

21 (i)— 

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

23 ‘‘$700,000,000’’; and 

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


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1 (c) DISADVANTAGED BUSINESS ENTERPRISES.—Sec2 tion 1101(b) of the FAST Act (Public Law 114–94) (ex3 cept for the requirements related to gross receipts under 

4 paragraph (2)(A)(ii) of such section) shall apply to 

5 amounts made available under sections 102, 103, 104 of 

6 this division. 

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

8 laws’’ means the following: 

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

10 Continuing Appropriations Act, 2021 and Other Ex11 tensions Act (Public Law 116–159). 

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

13 the FAST Act (Public Law 114–94). 

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

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

16 21 (Public Law 112–141). 

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

18 Technical Corrections Act of 2008 (Public Law 110– 

19 244). 

20 (5) Titles I, II, III, IV, V, and VI of 

21 SAFETEA–LU (Public Law 109–59). 

22 (6) Titles I, II, III, IV, and V of the Transpor23 tation Equity Act for the 21st Century (Public Law 

24 105–178). 


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1 (7) Titles II, III, and IV of the National High2 way System Designation Act of 1995 (Public Law 

3 104–59). 

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

5 title V, and title VI of the Intermodal Surface 

6 Transportation Efficiency Act of 1991 (Public Law 

7 102–240). 

8 (9) Title 23, United States Code. 

9 (10) Sections 116, 117, 330, and 5505 and 

10 chapters 53, 139, 303, 311, 313, 701, and 702 of 

11 title 49, United States Code. 

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

13 HIGHWAY PROGRAM AND MEMBER DES14 IGNATED PROJECTS. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) IN GENERAL.—In addition to amounts au17 thorized under section 102, there is authorized to be 

18 appropriated from the Highway Account for fiscal 

19 year 2022, for activities under this section, 

20 $14,742,808,640. 

21 (2) CONTRACT AUTHORITY.—Amounts author22 ized to be appropriated under paragraph (1) shall be 

23 available for obligation as if apportioned under chap24 ter 1 of title 23, United States Code. 

25 (b) OBLIGATION AUTHORITY.— 


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1 (1) IN GENERAL.— 

2 (A) AMOUNT.—Notwithstanding any other 

3 provision of law, for fiscal year 2022, obliga4 tions for activities authorized under subsection 

5 (a) shall not exceed $14,742,808,640. 

6 (B) PERIOD OF AVAILABILITY.— 

7 (i) IN GENERAL.—Except as provided 

8 in clause (ii), obligation authority made 

9 available under this paragraph shall— 

10 (I) remain available until Sep11 tember 30, 2025; and 

12 (II) be in addition to the amount 

13 of any limitation imposed on obliga14 tions for Federal-aid highway and 

15 highway safety construction programs 

16 for fiscal year 2022 under section 102 

17 or future fiscal years under any other 

18 provision of law. 

19 (ii) EXCEPTION.—Except as provided 

20 in subsection (i)(2)(E), obligation author21 ity associated with a member designated 

22 project shall remain available until ex23 pended. 

24 (2) DISTRIBUTION OF OBLIGATION AUTHOR25 ITY.— 


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1 (A) IN GENERAL.—Of the obligation au2 thority provided under paragraph (1), the Sec3 retary shall make available to States, Tribes, 

4 Puerto Rico, the territories, and Federal land 

5 management agencies, during the period of fis6 cal year 2022, amounts of obligation authority 

7 equal to the amounts described in paragraphs 

8 (1) through (5) of subsection (c), respectively. 

9 (B) FURTHER DISTRIBUTION.—Each 

10 State, each Tribe, Puerto Rico, each territory, 

11 and each Federal land management agency re12 ceiving funds under paragraphs (1) through (5) 

13 of subsection (c), respectively, shall receive an 

14 amount of obligation authority equal to the 

15 funds received under any of such paragraphs. 

16 (c) DISTRIBUTION OF FUNDS.—Amounts authorized 

17 to be appropriated for fiscal year 2022 under subsection 

18 (a) shall be distributed as follows: 

19 (1) $14,343,545,973 to the States. 

20 (2) $167,481,814 to Tribes. 

21 (3) $52,400,251 to Puerto Rico. 

22 (4) $55,012,918 to the territories. 

23 (5) $124,367,684 to Federal land management 

24 agencies. 

25 (d) SUPPLEMENTAL STATE FUNDS.— 


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1 (1) DISTRIBUTION.— 

2 (A) AMONG STATES.—Amounts distributed 

3 to States under subsection (c)(1) shall be dis4 tributed among the States in the same ratio as 

5 total State apportionments under section 

6 104(c)(1) of title 23, United States Code, in fis7 cal year 2022. 

8 (B) WITHIN A STATE.—Of the amount dis9 tributed to a State under subparagraph (A)— 

10 (i) the amount specified in section 

11 107 for each member designated project in 

12 the State shall be reserved to carry out 

13 such project; and 

14 (ii) any remaining amount shall be 

15 available to the State under paragraph (2). 

16 (2) TREATMENT.—Funds made available under 

17 paragraph (1)(B)(ii) shall be— 

18 (A) available for activities eligible under 

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

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

21 (B) administered as if apportioned under 

22 chapter 1 of title 23, United States Code. 

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

24 under subsection (c)(2) shall be— 


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1 (1) available for activities eligible under the 

2 tribal transportation program under section 202 of 

3 title 23, United States Code; and 

4 (2) administered as if allocated under section 

5 202 of title 23, United States Code, except that the 

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

7 202(b)(3) of such title and subsections (a)(6), (c), 

8 (d), and (e) of section 202 of such title shall not 

9 apply to such funds. 

10 (f) PUERTO RICO FUNDS.— 

11 (1) DISTRIBUTION.—Of the amount distributed 

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

13 (A) the amount specified in section 107 for 

14 each member designated project in Puerto Rico 

15 shall be reserved to carry out such project; and 

16 (B) any remaining amount shall be avail17 able to Puerto Rico under paragraph (2). 

18 (2) TREATMENT.—Funds made available under 

19 paragraph (1)(B) shall be— 

20 (A) administered as if allocated under sec21 tion 165(b) of title 23, United States Code; 

22 (B) available for activities described under 

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

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

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


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1 (g) TERRITORIAL FUNDS.— 

2 (1) DISTRIBUTION.—Of the amount distributed 

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

4 (A) the amount specified in section 107 for 

5 each member designated project in the territory 

6 shall be reserved to carry out such project; 

7 (B) of amounts remaining after the dis8 tribution under subparagraph (A), not more 

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

10 American Samoa; and 

11 (C) any remaining amount shall be avail12 able to the territories as described under para13 graph (2). 

14 (2) TREATMENT.—Funds made available under 

15 subparagraphs (B) and (C) of paragraph (1) shall 

16 be administered as if allocated under, and available 

17 for activities described under, section 165(c) of title 

18 23, United States Code. 

19 (h) FEDERAL LAND MANAGEMENT AGENCY

20 FUNDS.— 

21 (1) DISTRIBUTION.—Amounts distributed 

22 under subsection (c)(5) shall be distributed among 

23 the Federal land management agencies as follows: 

24 (A) $99,494,147 for the National Park 

25 Service. 


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

2 and Wildlife Service. 

3 (C) $6,301,296 for the United States For4 est Service. 

5 (D) $8,622,826 to be allocated to the re6 maining Federal land management agencies de7 scribed in section 203(b) of title 23, United 

8 States Code. 

9 (2) TREATMENT.—Funds made available under 

10 paragraph (1) shall be— 

11 (A) available for activities eligible under 

12 the Federal lands transportation program under 

13 section 203 of title 23, United States Code; and 

14 (B) administered as if allocated under sec15 tion 203 of title 23, United States Code. 

16 (i) MEMBER DESIGNATED PROJECTS.— 

17 (1) TREATMENT.— 

18 (A) IN GENERAL.—Member designated 

19 project funds shall be available until expended, 

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

21 (B) REQUIREMENTS.— 

22 (i) IN GENERAL.—Except as specified 

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

24 (iii), member designated project funds 

25 shall be administered as if apportioned— 


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1 (I) for a project eligible under 

2 chapter 1 of title 23, United States 

3 Code, under such chapter; 

4 (II) for a project eligible under 

5 chapter 2 of title 23, United States 

6 Code, under such chapter; or 

7 (III) for a project eligible under 

8 chapter 53 of title 49, United States 

9 Code, under such chapter. 

10 (ii) FEDERAL SHARE.—Notwith11 standing any other provision of law, the 

12 Federal share of the cost of a project as13 sisted with member designated project 

14 funds shall be determined in accordance 

15 with section 120 of title 23, United States 

16 Code, or, in the case of a transit capital 

17 project, may be determined in accordance 

18 with section 5323(i)(1) of title 49, United 

19 States Code, if applicable. 

20 (iii) TRANSIT PROJECTS.— 

21 (I) TRANSFERS.—Member des22 ignated project funds made available 

23 for transit capital and planning 

24 projects may be transferred to, and 

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1 cordance with section 104(f) of title 

2 23, United States Code. 

3 (II) DESIGNATED RECIPIENTS.— 

4 Member designated project authoriza5 tions specified in section 107 distrib6 uted to a State for transit capital and 

7 planning projects shall be made avail8 able for obligation to a designated or 

9 direct recipient or subrecipient under 

10 chapter 53 of title 49, United States 

11 Code, as specified in section 107 or, if 

12 no such eligible recipient is identified, 

13 to the designated recipient in the loca14 tion specified in such section. 

15 (2) REPURPOSING OF FUNDS.— 

16 (A) IN GENERAL.— 

17 (i) REQUEST.—Beginning on October 

18 1, 2025, except as described in clause (ii), 

19 if less than 10 percent of the amount re20 served for a member designated project for 

21 a State, Puerto Rico, or territory has been 

22 obligated, the State, Puerto Rico, or a ter23 ritory, respectively, may submit to the Sec24 retary, a request to use, under subpara25 graph (B)— 


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1 (I) the unobligated amount re2 served for the member designated 

3 project; and 

4 (II) the obligation authority that 

5 is associated with such amount. 

6 (ii) COMPLETED PROJECTS.—If the 

7 project has been completed and an unobli8 gated amount remains reserved for a mem9 ber designated project, a State, Puerto 

10 Rico, or territory may submit to the Sec11 retary certification that such project has 

12 been completed (and the Secretary shall 

13 verify such completion). Upon verification, 

14 the State, Puerto Rico, or territory, respec15 tively, may use, under subparagraph (B)— 

16 (I) the unobligated amount re17 served for the member designated 

18 project; and 

19 (II) the obligation authority that 

20 is associated with such amount. 

21 (B) CONSIDERATIONS.—In making the de22 termination under subparagraph (A)(i), the 

23 Secretary shall— 

24 (i) consider whether the member des25 ignated project can be completed with the 


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1 amount reserved for the member des2 ignated project and other committed funds; 

3 (ii) determine whether the public enti4 ty serving as the project sponsor listed in 

5 the Committee Report, or any subsequent 

6 report superceding such Committee Re7 port, accompanying this Act supports the 

8 proposed repurposing; and 

9 (iii) ensure that the proposed 

10 repurposing would be used for a project 

11 with the same eligible project type. 

12 (C) TREATMENT.—Funds for which the 

13 Secretary approves a request or verifies a com14 pleted project under subparagraph (A)— 

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

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

17 such amount was made available 

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

19 (II) for a request by Puerto Rico, 

20 as if such amount was made available 

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

22 (III) for a request by a territory, 

23 as if such amount was made available 

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


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1 (ii) shall be used within the location 

2 described in subparagraph (D)(ii); 

3 (iii) shall be subject to the Federal 

4 share specified in section 120 of title 23, 

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

6 transit capital project, may be determined 

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

8 title 49, United States Code, as applicable; 

9 and 

10 (iv) notwithstanding paragraph 

11 (1)(A)(ii), shall remain available for obliga12 tion for a period of 3 fiscal years after the 

13 last day of the fiscal year in which the Sec14 retary approves the request. 

15 (D) LOCATION OF PROJECTS.—Funds for 

16 which the Secretary approves a request under 

17 subparagraph (A) shall— 

18 (i) for funds specified in section 107 

19 to be used within a metropolitan planning 

20 area (as such term is defined in section 

21 134(b) of title 23, United States Code), 

22 applied to an activity within or predomi23 nantly serving such metropolitan area; 

24 (ii) for funds specified in section 107 

25 to be used within a political subdivision of 


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1 a State, applied to an activity within or 

2 predominantly serving such political sub3 division; 

4 (iii) for funds specified in section 107 

5 to be used within Puerto Rico, applied to 

6 an activity within Puerto Rico; and 

7 (iv) for funds specified in section 107 

8 to be used within a territory, applied to an 

9 activity within such territory. 

10 (E) OBLIGATION AUTHORITY.—Notwith11 standing subsection (b)(1)(B)(ii), obligation au12 thority that is repurposed under this paragraph 

13 shall remain available for obligation for a period 

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

15 year in which the Secretary approves the re16 quest or verifies the completed project under 

17 subparagraph (A). 

18 SEC. 104. FEDERAL TRANSIT ADMINISTRATION. 

19 (a) ALL STATIONS ACCESSIBILITY PROGRAM.— 

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

21 grants under this subsection to assist eligible entities 

22 in financing capital projects to upgrade accessibility 

23 for persons with disabilities by increasing the num24 ber of covered stations that meet (including exceed25 ing) the new construction standards of title II of the 


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1 Americans with Disabilities Act of 1990 (42 U.S.C. 

2 12131 et seq.). 

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

4 this section shall be used on a covered system for 

5 the purpose described in paragraph (1) only— 

6 (A) for a project to repair, improve, or re7 locate station infrastructure at a covered sta8 tion; 

9 (B) to develop or modify a plan for pur10 suing public transportation accessibility 

11 projects; or 

12 (C) to carry out other projects at covered 

13 stations that meet (including exceeding) the 

14 new construction standards of title II of the 

15 Americans with Disabilities Act of 1990 (42 

16 U.S.C. 12131 et seq.). 

17 (3) ELIGIBLE FACILITIES.—The Secretary— 

18 (A) may not provide a grant awarded 

19 under this subsection to upgrade a station that 

20 is accessible to and usable by individuals with 

21 disabilities, including individuals who use wheel22 chairs, consistent with current new construction 

23 standards under title II the Americans with 

24 Disabilities Act of 1990 (42 U.S.C. 1231 et 

25 seq.); and 


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1 (B) may provide a grant to upgrade a sta2 tion that is not accessible and usable as de3 scribed in paragraph (1), even if related serv4 ices, programs, or activities, when viewed in en5 tirety, are readily accessible and usable as so 

6 described. 

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

8 this subsection, an applicant shall provide to the 

9 Secretary such information as the Secretary may re10 quire, including, at a minimum, information on— 

11 (A) the extent to which the proposed 

12 project will increase the accessibility of a cov13 ered system; 

14 (B) projected improvements in access to 

15 jobs, community activities, and essential des16 tinations provided by such project; 

17 (C) the applicant’s plans to— 

18 (i) enhance the customer experience 

19 and maximize accessibility of rolling stock 

20 and stations for individuals with disabil21 ities; 

22 (ii) improve the operations of, provide 

23 efficiencies of service to, and enhance the 

24 public transportation system for individ25 uals with disabilities; and 


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1 (iii) address equity of service to all 

2 riders regardless of ability, including for 

3 riders of differing abilities that are low-in4 come, seniors, or riders from communities 

5 of color; and 

6 (D) coordination between the applicant 

7 and disability advocacy entities. 

8 (5) FEDERAL SHARE.—The Federal share of 

9 the net project cost of a grant provided under this 

10 subsection shall be 90 percent. The recipient may 

11 provide additional local matching amounts. 

12 (6) GRANT REQUIREMENTS.—Except as other13 wise provided under this subsection, a grant pro14 vided under this subsection shall be subject to the 

15 requirements of section 5307 of title 49, United 

16 States Code. 

17 (7) GRANT SOLICITATION.—The Secretary may 

18 provide funds authorized under this subsection 

19 through 1 or more notices of funding opportunity. 

20 (8) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated from the 

22 Mass Transit Account $1,000,000,000 for fiscal 

23 year 2022 to provide grants under this subsection. 

24 (9) AVAILABILITY OF AMOUNTS.—Amounts 

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1 able for a period of 4 fiscal years after the fiscal 

2 year in which the amount is made available. 

3 (10) DEFINITIONS.—In this section: 

4 (A) COVERED STATION.—The term ‘‘cov5 ered station’’ means a rail fixed guideway pub6 lic transportation station for passenger use con7 structed prior to the date of enactment of this 

8 Act. 

9 (B) COVERED SYSTEM.—The term ‘‘cov10 ered system’’ means a rail fixed guideway pub11 lic transportation system that was in operation 

12 before July 26, 1990. 

13 (C) DISABILITY.—The term ‘‘disability’’ 

14 has the meaning given such term in section 3 

15 of the Americans with Disabilities Act of 1990 

16 (42 U.S.C. 12102). 

17 (D) ELIGIBLE ENTITY.—The term ‘‘eligi18 ble entity’’ means a State or local governmental 

19 authority that operates a rail fixed guideway 

20 public transportation system that was in oper21 ation before July 26, 1990. 

22 (b) REDUCING TRANSIT DESERTS.— 

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

24 grants under this subsection to eligible recipients for 


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1 eligible projects to establish new bus service or in2 crease the frequency of bus service. 

3 (2) ELIGIBLE PROJECTS.—Eligible projects 

4 under this subsection are projects in eligible areas— 

5 (A) to establish or enhance bus service 

6 with headways equal to or shorter than 20 min7 utes for at least 18 hours per day in neighbor8 hoods lacking such service; or 

9 (B) to establish or increase express lane 

10 transit service that connects communities to 

11 jobs and essential destinations, as long as such 

12 service will improve mobility or expand afford13 able transportation options in underserved com14 munities. 

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 

2 beginning 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 

5 Secretary 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 and essential destinations; 

10 (B) reduce air pollution and greenhouse 

11 gas emissions; and 

12 (C) support unserved and underserved pop13 ulations and communities. 

14 (5) FEDERAL SHARE.— 

15 (A) IN GENERAL.—The Federal share of 

16 the net project cost of a capital project carried 

17 out using a grant under this subsection shall be 

18 80 percent. The recipient may provide addi19 tional local matching amounts. 

20 (B) OPERATING COSTS.—The Federal 

21 share of net operating costs for a project car22 ried out using a grant under this subsection 

23 shall be not more than 50 percent. 

24 (6) GRANT REQUIREMENTS.— 


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1 (A) IN GENERAL.—A grant under this sub2 section shall be subject to the requirements of 

3 section 5307 of title 49, United States Code, 

4 for eligible recipients, except operating expenses 

5 shall be eligible for funding under this sub6 section for 2 years beginning on the first day 

7 of revenue service in urbanized areas with popu8 lations greater than 200,000. 

9 (B) NEW OR ENHANCED SERVICE.—The 

10 new or enhanced service funded under this sub11 section shall be operated for a period of at least 

12 5 years. 

13 (7) GRANT SOLICITATION.—The Secretary may 

14 provide funds authorized under this subsection 

15 through 1 or more notices of funding opportunity. 

16 (8) JUSTICE40 INITIATIVE.—In making com17 petitive grants under this subsection, the Secretary 

18 shall, to the extent practicable, have a goal that 40 

19 percent of the overall benefits of the Federal invest20 ment flow to disadvantaged communities, consistent 

21 with sections 219 and 223 of Executive Order 14008 

22 and related regulations, Executive Orders, and ad23 ministrative guidance. 

24 (9) AVAILABILITY OF AMOUNTS.—Any amounts 

25 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 

10 year 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 

16 100,000 where fewer than 45,000 annual fixed 

17 route bus vehicle revenue miles per square mile 

18 are operated. 

19 (B) ELIGIBLE RECIPIENT.—The term ‘‘eli20 gible recipient’’ means— 

21 (i) designated recipients that allocate 

22 funds to fixed route bus operators or ex23 press lane transit operators; or 

24 (ii) State or local governmental enti25 ties that operate or propose to operate 


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1 fixed route bus service or express lane 

2 transit. 

3 (C) EXPRESS LANE TRANSIT.—The term 

4 ‘‘express lane transit’’ means an integrated 

5 combination of bus rapid transit and tolled 

6 managed lanes that allows for limited access 

7 entry of toll paying vehicles to restricted lanes, 

8 while prioritizing transit’s need and use of 

9 available capacity in order to improve transit 

10 performance. 

11 (c) FEDERAL SHARE ADJUSTMENTS.— 

12 (1) IN GENERAL.—In addition to amounts 

13 made available under section 5338(b) of title 49, 

14 United States Code, and section 102(a)(2)(B)(iii) of 

15 this division, there are authorized to be appropriated 

16 for fiscal year 2022 such sums as may be necessary 

17 to increase the Federal share, at the request of the 

18 project sponsor, of a new fixed guideway, a core ca19 pacity improvement, or a small starts project that is 

20 not open to revenue service and that has received an 

21 allocation of funding in fiscal years 2019, 2020, or 

22 2021. 

23 (2) CONSIDERATIONS.—In making allocations 

24 under subparagraph (1), the Secretary shall take 

25 into consideration the extent to which the project 


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1 sponsor demonstrates a need for a higher Federal 

2 share, including the extent to which— 

3 (A) a project sponsor made a local finan4 cial commitment that exceeded the required 

5 non-Federal share of the cost of the project; 

6 (B) a project sponsor has experienced, as 

7 a result of the coronavirus public health emer8 gency, a loss of non-Federal revenues that were 

9 intended to support the project. 

10 (3) ADJUSTMENT.—Notwithstanding any other 

11 provision of law, the Secretary may increase the 

12 Federal share of a project under this section by up 

13 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 lim17 itation 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 

10 such funds were apportioned under chapter 1 of 

11 title 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 au22 thorized to be appropriated for fiscal year 2022 

23 under 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.— 

8 Notwithstanding the apportionment formula set forth in 

9 section 402(c)(2) of title 23, United States Code, and sec10 tion 403(f)(1) of title 23, United States Code, $2,500,000 

11 of the total amount available for apportionment to the 

12 States for highway safety programs under section 

13 402(c)(2) of title 23, United States Code, fiscal year 2022, 

14 shall be available for expenditure by the Secretary, acting 

15 through the Administrator of the National Highway Traf16 fic Safety Administration, for a cooperative research and 

17 evaluation program to research and evaluate priority high18 way safety countermeasures. 

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 author25 ized to be appropriated from the Highway AcVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 count for fiscal year 2022, for activities under 

2 this subsection, $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 au9 thorized to be appropriated for fiscal year 2022 

10 under 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 

15 49, 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 Adminis4 trator of the Federal Motor Carrier Safety Administration 

5 shall ensure that funds made available under subsection 

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

7 to 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 

12 mandates required by MAP–21 (112–141) and the 

13 FAST 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 

21 available by paragraphs (1), (3), and (4) of section 103(c)) 

22 for 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 subpara7 graph (B), nothing in the table in subsection 

8 (c), or in the Committee Report, or any subse9 quent report superceding such Committee Re10 port, accompanying this Act, shall prevent the 

11 Secretary, at the discretion of the Secretary, 

12 from allowing a subsequent phase of a member 

13 designated project to be carried out with funds 

14 reserved for such 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) 

20 with the concurrence of the project sponsor for 

21 such project listed in the Committee Report ac22 companying this Act, 

23 (3) REPURPOSING.—Nothing in the table in 

24 subsection (c), or the Committee Report, or any sub25 sequent report superceding such Committee Report, 


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1 accompanying this Act, shall prevent funds reserved 

2 for a member designated project from being 

3 repurposed as described in section 103(i)(2), pro4 vided that all requirements in such section are satis5 fied. 

6 (c) PROJECT DESIGNATIONS.—øTo be supplied.¿ 

7 DIVISION B—SURFACE 

8 TRANSPORTATION 

9 SEC. 1001. APPLICABILITY OF DIVISION. 

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

11 amendments made by this division, applies beginning on 

12 October 1, 2022. 

13 (b) REFERENCE TO DATE OF ENACTMENT.—In this 

14 division and the amendments made by this division, any 

15 reference to— 

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

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

18 division; 

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

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

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

22 America Act added to law by an amendment made 

23 by this division, 

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


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1 (c) EXCEPTION FOR IMMEDIATE APPLICATION.— 

2 Subsections (a) and (b) shall not apply to the following 

3 sections and any amendments made by such sections: 

4 (1) Section 1105. 

5 (2) Section 1107. 

6 (3) Section 1305. 

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

8 (5) Section 2106. 

9 (6) Section 2112. 

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

11 (8) Section 2305. 

12 (9) Section 2307. 

13 (10) Section 2902(2). 

14 TITLE I—FEDERAL-AID 

15 HIGHWAYS 

16 Subtitle A—Authorizations and 

17 Program Conditions 

18 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—The following amounts are au20 thorized to be appropriated out of the Highway Trust 

21 Fund (other than the Mass Transit Account): 

22 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 

23 the national highway performance program under 

24 section 119 of title 23, United States Code, the pre25 disaster mitigation program under section 124 of 


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1 such title, the railway crossings program under sec2 tion 130 of such title, the surface transportation 

3 program under section 133 of such title, the high4 way safety improvement program under section 148 

5 of such title, the congestion mitigation and air qual6 ity improvement program under section 149 of such 

7 title, the clean corridors program under section 151 

8 of such title, the national highway freight program 

9 under section 167 of such title, the carbon pollution 

10 reduction program under section 171 of such title, 

11 and metropolitan planning under section 134 of such 

12 title— 

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

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

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

16 and 

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

18 (2) TRANSPORTATION INFRASTRUCTURE FI19 NANCE AND INNOVATION PROGRAM.—For credit as20 sistance under the transportation infrastructure fi21 nance and innovation program under chapter 6 of 

22 title 23, United States Code, $250,000,000 for each 

23 of fiscal years 2023 through 2026. 

24 (3) CONSTRUCTION OF FERRY BOATS AND

25 FERRY TERMINAL FACILITIES.—For construction of 


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1 ferry boats and ferry terminal facilities under sec2 tion 147 of title 23, United States Code, 

3 $120,000,000 for each of fiscal years 2023 through 

4 2026. 

5 (4) FEDERAL LANDS AND TRIBAL TRANSPOR6 TATION PROGRAMS.— 

7 (A) TRIBAL TRANSPORTATION PRO8 GRAM.—For the tribal transportation program 

9 under section 202 of title 23, United States 

10 Code, $800,000,000 for each of fiscal years 

11 2023 through 2026. 

12 (B) FEDERAL LANDS TRANSPORTATION

13 PROGRAM.— 

14 (i) IN GENERAL.—For the Federal 

15 lands transportation program under sec16 tion 203 of title 23, United States Code, 

17 $555,000,000 for each of fiscal years 2023 

18 through 2026. 

19 (ii) ALLOCATION.—Of the amount 

20 made available for a fiscal year under 

21 clause (i)— 

22 (I) the amount for the National 

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

24 of fiscal years 2023 through 2026; 


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1 (II) the amount for the United 

2 States Fish and Wildlife Service is 

3 $50,000,000 for each of fiscal years 

4 2023 through 2026; 

5 (III) the amount for the United 

6 States Forest Service is $50,000,000 

7 for each of fiscal years 2023 through 

8 2026; 

9 (IV) the amount for the Corps of 

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

11 fiscal years 2023 through 2026; 

12 (V) the amount for the Bureau 

13 of Land Management is $16,000,000 

14 for each of fiscal years 2023 through 

15 2026; 

16 (VI) the amount for the Bureau 

17 of Reclamation is $16,000,000 for 

18 each of fiscal years 2023 through 

19 2026; and 

20 (VII) the amount for independent 

21 Federal agencies with natural re22 source and land management respon23 sibilities is $7,000,000 for each of fis24 cal years 2023 through 2026. 


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1 (C) FEDERAL LANDS ACCESS PROGRAM.— 

2 For the Federal lands access program under 

3 section 204 of title 23, United States Code, 

4 $345,000,000 for each of fiscal years 2023 

5 through 2026. 

6 (D) FEDERAL LANDS AND TRIBAL MAJOR

7 PROJECTS GRANTS.—To carry out section 208 

8 of title 23, United States Code, $400,000,000 

9 for each of fiscal years 2023 through 2026. 

10 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

11 PROGRAM.—For the territorial and Puerto Rico 

12 highway program under section 165 of title 23, 

13 United States Code, the amounts specified in para14 graphs (1) and (2) of section 165(a) for each of fis15 cal years 2023 through 2026. 

16 (6) PROJECTS OF NATIONAL AND REGIONAL

17 SIGNIFICANCE.—For projects of national and re18 gional significance under section 117 of title 23, 

19 United States Code, $3,000,000,000 for each of fis20 cal years 2023 through 2026. 

21 (7) COMMUNITY TRANSPORTATION INVESTMENT

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

23 United States Code, $600,000,000 for each of fiscal 

24 years 2023 through 2026. 


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1 (8) COMMUNITY CLIMATE INNOVATION

2 GRANTS.—To carry out section 172 of title 23, 

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

4 years 2023 through 2026. 

5 (9) NATIONAL SCENIC BYWAYS PROGRAM.—To 

6 carry out section 162 of title 23, United States 

7 Code, $16,000,000 for each of fiscal year 2023 

8 through 2026. 

9 (10) REBUILD RURAL BRIDGES PROGRAM.— To 

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

11 each of fiscal years 2023 through 2026. 

12 (11) PARKING FOR COMMERCIAL MOTOR VEHI13 CLES.—To carry out section 1308 of this Act, 

14 $250,000,000 for each of fiscal years 2023 through 

15 2026. 

16 (12) ACTIVE CONNECTED TRANSPORTATION

17 GRANT PROGRAM.—To carry out section 1309 of 

18 this Act, $250,000,000 for each of fiscal years 2023 

19 through 2026. 

20 (13) WILDLIFE CROSSINGS PROGRAM.—To 

21 carry out section 1310 of this Act, $100,000,000 for 

22 each of fiscal years 2023 through 2026. 

23 (14) RECONNECTING NEIGHBORHOODS PRO24 GRAM.—To carry out section 1311 of this Act, 


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1 $750,000,000 for each of fiscal years 2023 through 

2 2026. 

3 (15) METRO PERFORMANCE PROGRAM.—To 

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

5 each of fiscal years 2023 through 2026. 

6 (16) GRIDLOCK REDUCTION GRANT PRO7 GRAM.—To carry out section 1306 of this Act, 

8 $500,000,000 for fiscal year 2023. 

9 (b) TREATMENT OF FUNDS.—Amounts made avail10 able under paragraphs (10) through (14) of subsection (a) 

11 shall be administered as if apportioned under chapter 1 

12 of title 23, United States Code. 

13 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 

14 (1) FINDINGS.—Congress finds that— 

15 (A) despite the real improvements caused 

16 by the disadvantaged business enterprise pro17 gram, minority- and women-owned businesses 

18 across the country continue to confront serious 

19 and significant obstacles to success caused by 

20 race and gender discrimination in the federally 

21 assisted surface transportation market and re22 lated markets across the United States; 

23 (B) the continuing race and gender dis24 crimination described in subparagraph (A) merVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 its the continuation of the disadvantaged busi2 ness enterprise program; 

3 (C) recently, the disparities cause by dis4 crimination against African American, Hispanic 

5 American, Asian American, Native American, 

6 and women business owners have been further 

7 exacerbated by the coronavirus pandemic and 

8 its disproportionate effects on minority- and 

9 women-owned businesses across the nation; 

10 (D) Congress has received and reviewed 

11 testimony and documentation of race and gen12 der discrimination from numerous sources, in13 cluding congressional hearings and other inves14 tigative activities, scientific reports, reports 

15 issued by public and private agencies at every 

16 level of government, news reports, academic 

17 publications, reports of discrimination by orga18 nizations and individuals, and discrimination 

19 lawsuits, which continue to demonstrate that 

20 race- and gender-neutral efforts alone are insuf21 ficient to address the problem; 

22 (E) the testimony and documentation de23 scribed in subparagraph (D) demonstrate that 

24 discrimination across the United States poses 

25 an injurious and enduring barrier to full and 


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1 fair participation in surface transportation-re2 lated businesses of women business owners and 

3 minority business owners and has negatively af4 fected firm formation, development and success 

5 in many aspects of surface transportation-re6 lated business in the public and private mar7 kets; and 

8 (F) the testimony and documentation de9 scribed in subparagraph (D) provide a clear pic10 ture of the inequality caused by discrimination 

11 that continues to plague our nation and a 

12 strong basis that there is a compelling need for 

13 the continuation of the disadvantaged business 

14 enterprise program to address race and gender 

15 discrimination in surface transportation-related 

16 business. 

17 (2) DEFINITIONS.—In this subsection, the fol18 lowing definitions apply: 

19 (A) SMALL BUSINESS CONCERN.—The 

20 term ‘‘small business concern’’ means a small 

21 business concern (as the term is used in section 

22 3 of the Small Business Act (15 U.S.C. 632)). 

23 (B) SOCIALLY AND ECONOMICALLY DIS24 ADVANTAGED INDIVIDUALS.—The term ‘‘so25 cially and economically disadvantaged individVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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

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

3 637(d)) and relevant subcontracting regulations 

4 issued pursuant to that Act, except that women 

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

7 this subsection. 

8 (3) AMOUNTS FOR SMALL BUSINESS CON9 CERNS.—Except to the extent that the Secretary of 

10 Transportation determines otherwise, not less than 

11 10 percent of the amounts made available for any 

12 program under titles I, II, V, and VII of this divi13 sion and section 403 of title 23, United States Code, 

14 shall be expended through small business concerns 

15 owned and controlled by socially and economically 

16 disadvantaged individuals. 

17 (4) ANNUAL LISTING OF DISADVANTAGED BUSI18 NESS ENTERPRISES.—Each State shall annually— 

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

20 business concerns referred to in paragraph (3) 

21 in the State, including the location of the small 

22 business concerns in the State; and 

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

24 percentage of the small business concerns that 

25 are controlled by— 


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1 (i) women; 

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

4 women); and 

5 (iii) individuals who are women and 

6 are otherwise socially and economically dis7 advantaged individuals. 

8 (5) UNIFORM CERTIFICATION.— 

9 (A) IN GENERAL.—The Secretary of 

10 Transportation shall establish minimum uni11 form criteria for use by State governments in 

12 certifying whether a concern qualifies as a small 

13 business concern for the purpose of this sub14 section. 

15 (B) INCLUSIONS.—The minimum uniform 

16 criteria established under subparagraph (A) 

17 shall include, with respect to a potential small 

18 business concern— 

19 (i) on-site visits; 

20 (ii) personal interviews with personnel; 

21 (iii) issuance or inspection of licenses; 

22 (iv) analyses of stock ownership; 

23 (v) listings of equipment; 

24 (vi) analyses of bonding capacity; 

25 (vii) listings of work completed; 


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1 (viii) examination of the resumes of 

2 principal owners; 

3 (ix) analyses of financial capacity; and 

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

6 (6) REPORTING.—The Secretary of Transpor7 tation shall establish minimum requirements for use 

8 by State governments in reporting to the Sec9 retary— 

10 (A) information concerning disadvantaged 

11 business enterprise awards, commitments, and 

12 achievements; and 

13 (B) such other information as the Sec14 retary determines to be appropriate for the 

15 proper monitoring of the disadvantaged busi16 ness enterprise program. 

17 (7) COMPLIANCE WITH COURT ORDERS.—Noth18 ing in this subsection limits the eligibility of an indi19 vidual or entity to receive funds made available 

20 under titles I, II, V, and VII of this division and sec21 tion 403 of title 23, United States Code, if the enti22 ty or person is prevented, in whole or in part, from 

23 complying with paragraph (3) because a Federal 

24 court issues a final order in which the court finds 


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1 that a requirement or the implementation of para2 graph (3) is unconstitutional. 

3 (8) SENSE OF CONGRESS ON PROMPT PAYMENT

4 OF DBE SUBCONTRACTORS.—It is the sense of Con5 gress that— 

6 (A) the Secretary of Transportation should 

7 take additional steps to ensure that recipients 

8 comply with section 26.29 of title 49, Code of 

9 Federal Regulations (the disadvantaged busi10 ness enterprises prompt payment rule), or any 

11 corresponding regulation, in awarding federally 

12 funded transportation contracts under laws and 

13 regulations administered by the Secretary; and 

14 (B) such additional steps should include 

15 increasing the Department of Transportation’s 

16 ability to track and keep records of complaints 

17 and to make that information publicly available. 

18 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR

19 STATE-OWNED ENTERPRISES.— 

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

21 section may not be used in awarding or exercising 

22 an option on a previously awarded contract, a con23 tract, subcontract, grant, or loan to an entity that 

24 is owned or controlled by, is a subsidiary of, or is 


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1 otherwise related legally or financially to a corpora2 tion based in a country that— 

3 (A) is identified as a nonmarket economy 

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

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

6 the date of enactment of this Act; 

7 (B) was identified by the United States 

8 Trade Representative in the most recent report 

9 required by section 182 of the Trade Act of 

10 1974 (19 U.S.C. 2242) as a priority foreign 

11 country under subsection (a)(2) of that section; 

12 and 

13 (C) is subject to monitoring by the Trade 

14 Representative under section 306 of the Trade 

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

16 (2) EXCEPTION.—For purposes of paragraph 

17 (1), the term ‘‘otherwise related legally or finan18 cially’’ does not include a minority relationship or in19 vestment. 

20 (3) INTERNATIONAL AGREEMENTS.—This sub21 section shall be applied in a manner consistent with 

22 the obligations of the United States under inter23 national agreements. 


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1 SEC. 1102. OBLIGATION LIMITATION. 

2 (a) GENERAL LIMITATION.—Subject to subsection 

3 (e), and notwithstanding any other provision of law, the 

4 obligations for Federal-aid highway and highway safety 

5 construction programs shall not exceed— 

6 (1) øTo be supplied.¿ for fiscal year 2023; 

7 (2) øTo be supplied.¿ for fiscal year 2024; 

8 (3) øTo be supplied.¿ for fiscal year 2025; and 

9 (4) øTo be supplied.¿ for fiscal year 2026. 

10 (b) EXCEPTIONS.—The limitations under subsection 

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

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

13 (2) section 147 of the Surface Transportation 

14 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

15 Stat. 2714); 

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

17 of 1981 (95 Stat. 1701); 

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

19 Surface Transportation Assistance Act of 1982 (96 

20 Stat. 2119); 

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

22 Surface Transportation and Uniform Relocation As23 sistance Act of 1987 (101 Stat. 198); 

24 (6) sections 1103 through 1108 of the Inter25 modal Surface Transportation Efficiency Act of 

26 1991 (Public Law 102–240); 


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

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

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

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

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

6 of those fiscal years); 

7 (9) Federal-aid highway programs for which ob8 ligation authority was made available under the 

9 Transportation Equity Act for the 21st Century 

10 (112 Stat. 107) or subsequent Acts for multiple 

11 years or to remain available until expended, but only 

12 to the extent that the obligation authority has not 

13 lapsed or been used; 

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

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

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

17 of those fiscal years); 

18 (11) section 1603 of SAFETEA–LU (23 

19 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

20 funds obligated in accordance with that section were 

21 not subject to a limitation on obligations at the time 

22 at which the funds were initially made available for 

23 obligation; 

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

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


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

2 of those fiscal years); 

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

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

5 amount equal to $639,000,000 for each of those fis6 cal years); 

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

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

9 amount equal to $550,000,000 for each of those fis10 cal years); and 

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

12 States Code (but, for fiscal years 2023 through 

13 2026, only in an amount equal to $89,000,000 for 

14 each of those fiscal years). 

15 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

16 Subject to paragraph (1)(B), for each of fiscal years 2023 

17 through 2026, the Secretary of Transportation— 

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

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

20 (i) amounts authorized for administrative 

21 expenses and programs by section 104(a) of 

22 title 23, United States Code; 

23 (ii) amounts authorized for the Bureau of 

24 Transportation Statistics; 


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1 (iii) amounts authorized for the tribal 

2 transportation program under section 202 of 

3 title 23, United States Code; and 

4 (iv) amounts authorized for the territorial 

5 and Puerto Rico highway program under sec6 tion 165(a) of title 23, United States Code; and 

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

8 in addition to the amounts described in subpara9 graph (A), shall not distribute obligation authority 

10 provided by subsection (a) for the fiscal year for 

11 amounts authorized for the metro performance pro12 gram under section 1305 of this Act; 

13 (2) shall not distribute an amount of obligation 

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

15 the unobligated balance of amounts— 

16 (A) made available from the Highway 

17 Trust Fund (other than the Mass Transit Ac18 count) for Federal-aid highway and highway 

19 safety construction programs for previous fiscal 

20 years, the funds for which are allocated by the 

21 Secretary (or apportioned by the Secretary 

22 under section 202 or 204 of title 23, United 

23 States Code); and 

24 (B) for which obligation authority was pro25 vided in a previous fiscal year; 


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1 (3) shall determine the proportion that— 

2 (A) the obligation authority provided by 

3 subsection (a) for the fiscal year, less the aggre4 gate of amounts not distributed under para5 graphs (1) and (2) of this subsection; bears to 

6 (B) the total of— 

7 (i) the sums authorized to be appro8 priated for the Federal-aid highway and 

9 highway safety construction programs, 

10 other than sums authorized to be appro11 priated for— 

12 (I) provisions of law described in 

13 paragraphs (1) through (13) of sub14 section (b); 

15 (II) section 203 of title 23, 

16 United States Code, equal to the 

17 amount referred to in subsection 

18 (b)(14) for the fiscal year; and 

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

20 23, United States Code, equal to the 

21 amount referred to in subsection 

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

23 (ii) the aggregate of the amounts not 

24 distributed under paragraphs (1) and (2) 

25 of this subsection; 


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1 (4) shall distribute the obligation authority pro2 vided by subsection (a), less the aggregate amounts 

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

4 each of the programs (other than programs to which 

5 paragraph (1) applies) that are allocated by the Sec6 retary under this Act and title 23, United States 

7 Code, or apportioned by the Secretary under section 

8 202 or 204 of such title, by multiplying— 

9 (A) the proportion determined under para10 graph (3); by 

11 (B) the amounts authorized to be appro12 priated for each such program for the fiscal 

13 year; and 

14 (5) shall distribute the obligation authority pro15 vided by subsection (a), less the aggregate amounts 

16 not distributed under paragraphs (1) and (2) and 

17 the amounts distributed under paragraph (4), for 

18 Federal-aid highway and highway safety construc19 tion programs that are apportioned by the Secretary 

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

21 amounts apportioned for the surface transportation 

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

23 States Code, that are exempt from the limitation 

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1 tioned under sections 202 and 204 of such title) in 

2 the proportion that— 

3 (A) amounts authorized to be appropriated 

4 for the programs that are apportioned under 

5 title 23, United States Code, to each State for 

6 the fiscal year; bears to 

7 (B) the total of the amounts authorized to 

8 be appropriated for the programs that are ap9 portioned under title 23, United States Code, to 

10 all States for the fiscal year. 

11 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU12 THORITY.—Notwithstanding subsection (c), the Secretary 

13 of Transportation shall, after August 1 of each of fiscal 

14 years 2023 through 2026— 

15 (1) revise a distribution of the obligation au16 thority made available under subsection (c) if an 

17 amount distributed cannot be obligated during that 

18 fiscal year; and 

19 (2) redistribute sufficient amounts to those 

20 States able to obligate amounts in addition to those 

21 previously distributed during that fiscal year, giving 

22 priority to those States having large unobligated bal23 ances of funds apportioned under section 104 of title 

24 23, United States Code. 

25 (e) SPECIAL LIMITATION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), obligation limitations imposed by sub3 section (a) shall apply to contract authority for— 

4 (A) transportation research programs car5 ried out under chapter 5 of title 23, United 

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

7 (B) the metro performance program under 

8 section 1305 of this Act. 

9 (2) EXCEPTION.—Obligation authority made 

10 available under paragraph (1) shall— 

11 (A) remain available for a period of 4 fis12 cal years; and 

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

14 limitation imposed on obligations for Federal15 aid highway and highway safety construction 

16 programs for future fiscal years. 

17 (f) LOP-OFF.— 

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

19 the date of distribution of obligation authority under 

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

21 2026, the Secretary of Transportation shall dis22 tribute to the States any funds that— 

23 (A) are authorized to be appropriated for 

24 the fiscal year for Federal-aid highway pro25 grams; and 


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1 (B) the Secretary determines will not be 

2 allocated to the States (or will not be appor3 tioned to the States under section 204 of title 

4 23, United States Code), and will not be avail5 able for obligation, for the fiscal year because 

6 of the imposition of any obligation limitation for 

7 the fiscal year. 

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

9 paragraph (1) in the same proportion as the dis10 tribution of obligation authority under subsection 

11 (c)(5). 

12 (3) AVAILABILITY.—Funds distributed to each 

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

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

15 United States Code. 

16 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 

17 Section 101 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

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

21 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 

22 (13), (14), (15), (16), (17), (18), (19), (20), 

23 (21), (22), (23), (24), (25), (26), (27), (28), 

24 (29), (30), (31), (32), (33), and (34) as para25 graphs (2), (4), (5), (7), (9), (11), (12), (13), 


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1 (14), (15), (17), (18), (19), (20), (21), (22), 

2 (24), (25), (26), (27), (29), (30), (33), (34), 

3 (35), (36), (37), (38), (39), (43), (44), (45), 

4 (46), and (47), respectively; 

5 (B) by inserting before paragraph (2), as 

6 so redesignated, the following: 

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

8 means an adjustment in natural or human systems 

9 in anticipation of, or in response to, a changing envi10 ronment in a way that moderates negative effects of 

11 extreme events or climate change.’’; 

12 (C) by inserting before paragraph (4), as 

13 so redesignated, the following: 

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

15 term ‘areas of persistent poverty’ means— 

16 ‘‘(A) any county that has had 20 percent 

17 or more of the population of such county living 

18 in poverty over the past 30 years, as measured 

19 by the 1990 and 2000 decennial censuses and 

20 the most recent Small Area Income and Poverty 

21 Estimates; 

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

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

24 recent 5-year data series available from the 


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1 American Community Survey of the Bureau of 

2 the Census for all States and Puerto Rico; or 

3 ‘‘(C) any other territory or possession of 

4 the United States that has had 20 percent or 

5 more of its population living in poverty over the 

6 past 30 years, as measured by the 1990, 2000, 

7 and 2010 decennial censuses, or equivalent 

8 data, of the Bureau of the Census.’’. 

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

10 redesignated, the following: 

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

12 change’ means any significant change in the meas13 ures of climate lasting for an extended period of 

14 time, and may include major changes in tempera15 ture, precipitation, wind patterns, or sea level, 

16 among others, that occur over several decades or 

17 longer.’’; 

18 (E) in paragraph (7)(A), as so redesig19 nated, by inserting ‘‘assessing resilience,’’ after 

20 ‘‘surveying,’’; 

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

22 redesignated, the following: 

23 ‘‘(8) CONTEXT SENSITIVE DESIGN PRIN24 CIPLES.—The term ‘context sensitive design prinVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 ciples’ means principles for the design of a public 

2 road that— 

3 ‘‘(A) provides for the safe and adequate 

4 accommodation, in all phases of project plan5 ning, design, and development, transportation 

6 facilities for users, including pedestrians, 

7 bicyclists, public transportation users, children, 

8 older individuals, individuals with disabilities, 

9 motorists, and freight vehicles; and 

10 ‘‘(B) considers the context in which the fa11 cility is planned to be constructed to determine 

12 the appropriate facility design.’’; 

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

14 redesignated, the following: 

15 ‘‘(10) EVACUATION ROUTE.—The term ‘evacu16 ation route’ means a transportation route or system 

17 that— 

18 ‘‘(A) is used to transport— 

19 ‘‘(i) the public away from an emer20 gency event; or 

21 ‘‘(ii) first responders and recovery re22 sources in the event of an emergency; and 

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

24 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 

25 eligible entity with jurisdiction over the area in 


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1 which the route is located for the purposes de2 scribed in subparagraph (A).’’; 

3 (H) by inserting after paragraph (15), as 

4 so redesignated, the following: 

5 ‘‘(16) GREENHOUSE GAS.—The term ‘green6 house gas’ has the meaning given the term in section 

7 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 

8 7545(o)(1)(G)).’’; 

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

10 redesignated, the following: 

11 ‘‘(23) NATURAL INFRASTRUCTURE.— 

12 ‘‘(A) IN GENERAL.—The term ‘natural in13 frastructure’ means infrastructure that uses, re14 stores, or emulates natural ecological processes 

15 that— 

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

17 natural physical, geological, biological, and 

18 chemical processes over time; 

19 ‘‘(ii) is created by human design, en20 gineering, and construction to emulate or 

21 act in concert with natural processes; or 

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

23 and other natural features, including 

24 through the creation, restoration, or pres25 ervation of vegetated areas using materials 


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1 appropriate to the region to manage 

2 stormwater and runoff, to attenuate flood3 ing and storm surges, and for other related 

4 purposes. 

5 ‘‘(B) INCLUSION.—The term ‘natural in6 frastructure’ includes green infrastructure and 

7 nature-based solutions.’’; 

8 (J) by inserting after paragraph (27), as 

9 so redesignated, the following: 

10 ‘‘(28) PROTECTIVE FEATURE.— 

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

12 feature’ means an improvement to a highway, 

13 bridge, or other transportation facility designed 

14 to increase resilience or mitigate the risk of re15 curring damage or the cost of future repairs 

16 from climate change effects (including sea level 

17 rise), flooding, and extreme events or other nat18 ural disasters (including wildfires, seismic activ19 ity, and landslides). 

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

21 feature’ includes— 

22 ‘‘(i) raising roadway grades; 

23 ‘‘(ii) relocating roadways to higher 

24 ground above projected flood elevation lev25 els or away from slide prone areas; 


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1 ‘‘(iii) stabilizing slide areas; 

2 ‘‘(iv) stabilizing slopes; 

3 ‘‘(v) lengthening or raising bridges to 

4 increase waterway openings; 

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

6 drainage structures; 

7 ‘‘(vii) replacing culverts with bridges 

8 or upsizing culverts; 

9 ‘‘(viii) installing seismic retrofits on 

10 bridges; 

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

12 and other hydraulic countermeasures; 

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

14 ‘‘(xi) integration of the use of tradi15 tional and natural infrastructure features; 

16 ‘‘(xii) undergrounding public utilities 

17 in the course of other infrastructure im18 provements eligible under this title; and 

19 ‘‘(xiii) permeable pavements for 

20 stormwater management.’’; 

21 (K) by inserting after paragraph (30), as 

22 so redesignated, the following: 

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

24 term ‘repeatedly damaged facility’ means a road, 

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1 construction activities on 2 or more occasions due to 

2 natural disasters or catastrophic failures resulting in 

3 emergencies declared by the Governor of the State 

4 in which the road, highway, or bridge is located or 

5 emergencies or major disasters declared by the 

6 President under the Robert T. Stafford Disaster Re7 lief and Emergency Assistance Act (42 U.S.C. 5121 

8 et seq.). 

9 ‘‘(32) RESILIENCE.— 

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

11 means, with respect to a facility, the ability 

12 to— 

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

14 to conditions; or 

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

16 rapidly from disruptions. 

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

18 with respect to a facility, the ability to— 

19 ‘‘(i) resist hazards or withstand im20 pacts from disruptions; 

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

22 or impact of a disruption; or 

23 ‘‘(iii) have the absorptive capacity, 

24 adaptive capacity, and recoverability to de25 crease vulnerability to a disruption.’’; and 


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1 (L) by inserting after paragraph (36), as 

2 so redesignated, the following: 

3 ‘‘(40) TRANSPORTATION DEMAND MANAGE4 MENT; TDM.—The terms ‘transportation demand 

5 management’ and ‘TDM’ mean the use of strategies 

6 to inform and encourage travelers to maximize the 

7 efficiency of a transportation system leading to im8 proved mobility, reduced congestion, and lower vehi9 cle emissions. 

10 ‘‘(41) TRANSPORTATION DEMAND MANAGE11 MENT STRATEGIES.—The term ‘transportation de12 mand management strategies’ means the use of 

13 planning, programs, policy, marketing, communica14 tions, incentives, pricing, data, and technology to 

15 shift travel mode, routes used, departure times, 

16 number of trips, and location and design work space 

17 or public attractions. 

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

19 term ‘transportation system access’ means the abil20 ity to travel by automobile, public transportation, 

21 pedestrian, and bicycle networks, measured by travel 

22 time, taking into consideration— 

23 ‘‘(A) the impacts of the level of travel 

24 stress for non-motorized users; 

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


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1 ‘‘(C) the extent to which transportation ac2 cess is impacted by zoning policies and land use 

3 planning practices that effect the affordability, 

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

5 and 

6 (2) in subsection (b)— 

7 (A) in paragraph (1) by striking ‘‘De8 fense,’’ and inserting ‘‘Defense Highways,’’; 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (A) by striking 

11 ‘‘Century’’ and inserting ‘‘century’’; 

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

13 and’’ and inserting a semicolon; 

14 (iii) in subparagraph (H) by striking 

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

16 (iv) by adding at the end the fol17 lowing: 

18 ‘‘(I) safety is the highest priority of the 

19 Department of Transportation, and the Sec20 retary and States should take all actions nec21 essary to meet the transportation needs of the 

22 21st century for all road users; 

23 ‘‘(J) climate change presents a significant 

24 risk to safety, the economy, and national secu25 rity, and reducing the contributions of the 


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1 transportation system to the Nation’s total car2 bon pollution is critical; and 

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

4 appropriate measures and ensure investments 

5 to increase the resilience of the Nation’s trans6 portation system.’’; and 

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

8 ‘‘while ensuring that environmental protections 

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

10 SEC. 1104. APPORTIONMENT. 

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

12 States Code, is amended— 

13 (1) in subsection (a)(1) by striking subpara14 graphs (A) through (E) and inserting the following: 

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

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

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

18 and 

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

20 (2) by striking subsections (b) and (c) and in21 serting the following: 

22 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S

23 SHARE OF BASE APPORTIONMENT.—The Secretary shall 

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1 tioned to a State for a fiscal year under subsection (c) 

2 among the covered programs as follows: 

3 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO4 GRAM.—For the national highway performance pro5 gram, 55.09 percent of the amount remaining after 

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

7 and (10). 

8 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.— 

9 For the surface transportation program, 28.43 per10 cent of the amount remaining after distributing 

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

12 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO13 GRAM.—For the highway safety improvement pro14 gram, 6.19 percent of the amount remaining after 

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

16 and (10). 

17 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL18 ITY IMPROVEMENT PROGRAM.— 

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

20 mitigation and air quality improvement pro21 gram, an amount determined for the State 

22 under subparagraphs (B) and (C). 

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

24 for the congestion mitigation and air quality 

25 improvement program for all States shall be— 


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

2 2023; 

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

4 2024; 

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

6 2025; and 

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

8 2026. 

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

10 the Secretary shall distribute among the States 

11 the amount for the congestion mitigation and 

12 air quality improvement program under sub13 paragraph (B) so that each State receives an 

14 amount equal to the proportion that— 

15 ‘‘(i) the amount apportioned to the 

16 State for the congestion mitigation and air 

17 quality improvement program for fiscal 

18 year 2020; bears to 

19 ‘‘(ii) the total amount of funds appor20 tioned to all States for such program for 

21 fiscal year 2020. 

22 ‘‘(5) NATIONAL HIGHWAY FREIGHT PRO23 GRAM.—For the national highway freight program, 

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1 uting amounts under paragraphs (4), (6), (7), and 

2 (10). 

3 ‘‘(6) METROPOLITAN PLANNING.— 

4 ‘‘(A) IN GENERAL.—For metropolitan 

5 planning, an amount determined for the State 

6 under subparagraphs (B) and (C). 

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

8 for metropolitan planning for all States shall 

9 be— 

10 ‘‘(i) $507,500,000 for fiscal year 

11 2023; 

12 ‘‘(ii) $516,381,250 for fiscal year 

13 2024; 

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

15 2025; and 

16 ‘‘(iv) $536,189,635 for fiscal year 

17 2026. 

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

19 the Secretary shall distribute among the States 

20 the amount for metropolitan planning under 

21 subparagraph (B) so that each State receives 

22 an amount equal to the proportion that— 

23 ‘‘(i) the amount apportioned to the 

24 State for metropolitan planning for fiscal 

25 year 2020; bears to 


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1 ‘‘(ii) the total amount of funds appor2 tioned to all States for metropolitan plan3 ning for fiscal year 2020. 

4 ‘‘(7) RAILWAY CROSSINGS.— 

5 ‘‘(A) IN GENERAL.—For the railway cross6 ings program, an amount determined for the 

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

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

9 for the railway crossings program for all States 

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

11 2023 through 2026. 

12 ‘‘(C) STATE SHARE.— 

13 ‘‘(i) IN GENERAL.—For each fiscal 

14 year, the Secretary shall distribute among 

15 the States the amount for the railway 

16 crossings program under subparagraph (B) 

17 as follows: 

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

19 a fiscal year shall be apportioned to 

20 States by the formula set forth in sec21 tion 104(b)(3)(A) (as in effect on the 

22 day before the date of enactment of 

23 MAP–21). 

24 ‘‘(II) 50 percent of the amount 

25 for a fiscal year shall be apportioned 


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1 to States in the ratio that total public 

2 railway-highway crossings in each 

3 State bears to the total of such cross4 ings in all States. 

5 ‘‘(ii) MINIMUM APPORTIONMENT.— 

6 Notwithstanding clause (i), for each fiscal 

7 year, each State shall receive a minimum 

8 of one-half of 1 percent of the total 

9 amount for the railway crossings program 

10 for such fiscal year under subparagraph 

11 (B). 

12 ‘‘(8) PREDISASTER MITIGATION PROGRAM.— 

13 For the predisaster mitigation program, 2.96 per14 cent of the amount remaining after distributing 

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

16 ‘‘(9) CARBON POLLUTION REDUCTION PRO17 GRAM.—For the carbon pollution reduction program, 

18 3.95 percent of the amount remaining after distrib19 uting amounts under paragraphs (4), (6), (7), and 

20 (10). 

21 ‘‘(10) CLEAN CORRIDORS.— 

22 ‘‘(A) IN GENERAL.—For the clean cor23 ridors program, an amount determined for the 

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


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

2 for the clean corridors program for all States 

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

4 2023 through 2026. 

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

6 the Secretary shall distribute among the States 

7 the total amount for the clean corridors pro8 gram under subparagraph (B) so that each 

9 State receives the amount equal to the propor10 tion that— 

11 ‘‘(i) the total base apportionment de12 termined for the State under subsection 

13 (c); bears to 

14 ‘‘(ii) the total base apportionments for 

15 all States under subsection (c). 

16 ‘‘(c) CALCULATION OF AMOUNTS.— 

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

18 2023 through 2026, the amount for each State shall 

19 be determined as follows: 

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

21 amounts for each State shall be determined by 

22 multiplying— 

23 ‘‘(i) each of— 

24 ‘‘(I) the base apportionment; and 


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1 ‘‘(II) supplemental funds re2 served under subsection (h)(1) for the 

3 highway safety improvement program; 

4 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 fis9 cal year 2020; bears to 

10 ‘‘(II) the amount of those appor11 tionments received by all States for 

12 fiscal year 2020. 

13 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 

14 initial amounts resulting from the calculation 

15 under subparagraph (A) shall be adjusted to 

16 ensure that each State receives an aggregate 

17 apportionment equal to at least 95 percent of 

18 the estimated tax payments attributable to 

19 highway users in the State paid into the High20 way Trust Fund (other than the Mass Transit 

21 Account) in the most recent fiscal year for 

22 which data are available. 

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

24 of fiscal years 2023 through 2026, the Secretary 

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1 priated for expenditure on the covered programs in 

2 accordance 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 pur18 pose of the safe streets set-aside under section 

19 148(m). 

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

21 under paragraph (1) and apportioned to a State 

22 under subsection (c) shall be treated as if appor23 tioned under subsection (b)(3), and shall be in addi24 tion to amounts apportioned under such subsection. 

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


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1 ‘‘(1) BASE APPORTIONMENT.—The term ‘base 

2 apportionment’ means— 

3 ‘‘(A) the combined amount authorized for 

4 the covered programs; minus 

5 ‘‘(B) the supplemental funds reserved 

6 under subsection (h) for the highway safety im7 provement 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 

18 149; 

19 ‘‘(E) the national highway freight program 

20 under section 167; 

21 ‘‘(F) metropolitan planning under section 

22 134; 

23 ‘‘(G) the railway crossings program under 

24 section 130; 


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1 ‘‘(H) the predisaster mitigation program 

2 under section 124; 

3 ‘‘(I) the carbon pollution reduction pro4 gram under section 171; and 

5 ‘‘(J) the clean corridors program under 

6 section 151.’’. 

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

8 of title 23, United States Code, is amended— 

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

10 and 

11 (2) in subparagraph (C)(i) by striking 

12 ‘‘(5)(D),’’. 

13 (c) METROPOLITAN TRANSPORTATION PLANNING; 

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

15 Code, is amended by striking ‘‘paragraphs (5)(D) and (6) 

16 of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 

17 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR18 TATION PLANNING.—Section 135(i) of title 23, United 

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

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

21 104(b)(6)’’. 

22 (e) METROPOLITAN TRANSPORTATION PLANNING; 

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

24 Code, is amended by striking ‘‘section 104(b)(5)’’ and in25 serting ‘‘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 

4 amended— 

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, 

14 reservation, or set-aside from an amount au15 thorized from the Highway Account or Mass 

16 Transit Account described in subparagraph (B), 

17 the Secretary 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 fis8 cal year but for this section by the amount 

9 calculated 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 

15 transportation program under section 203, 

16 the amounts allocated for a fiscal year for 

17 the National Park Service, the United 

18 States Fish and Wildlife Service, the 

19 United States Forest Service, the Corps of 

20 Engineers, the Bureau of Land Manage21 ment, the Bureau of Reclamation, and 

22 independent Federal agencies with natural 

23 resource and land management responsibil24 ities; 


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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 avail8 able for a fiscal year for the urbanized 

9 areas formula grants under section 5307 

10 of title 49, the amounts allocated for a fis11 cal year for the passenger ferry grant pro12 gram under 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 

16 title, the amounts allocated for a fiscal 

17 year for public transportation on Indian 

18 reservations; 

19 ‘‘(vi) from the amounts made avail20 able for a fiscal year for the public trans21 portation innovation program under sec22 tion 5312 of such title— 

23 ‘‘(I) the amounts allocated for 

24 the zero emission vehicle component 


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1 assessment under section 5312(h) of 

2 such title; and 

3 ‘‘(II) the amounts allocated for 

4 the transit cooperative research pro5 gram under section 5312(i) of such 

6 title; 

7 ‘‘(vii) from the amounts made avail8 able for a fiscal year for the technical as9 sistance and workforce development pro10 gram of section 5314 of such title, the 

11 amounts allocated for the national transit 

12 institute under section 5314(c) of such 

13 title; 

14 ‘‘(viii) from the amounts made avail15 able for a fiscal year for the bus and bus 

16 facilities program under section 5339 of 

17 such title, the amounts allocated for a fis18 cal year for the zero emission grants under 

19 section 5339(c) of such title; 

20 ‘‘(ix) the amounts made available for 

21 growing States under section 5340(c) of 

22 such title; and 

23 ‘‘(x) the amounts made available for 

24 high density states under section 5340(d) 

25 of such title.’’; 


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

2 5324 of title 49’’ after ‘‘section 125’’; 

3 (4) in subsection (e)— 

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

5 inserting ‘‘For fiscal year 2023 and each fiscal 

6 year thereafter, there is authorized’’; and 

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

8 2017 through 2020’’; and 

9 (5) in subsection (f)(1) by striking ‘‘section 

10 1102 or 3018 of the FAST Act’’ and inserting ‘‘any 

11 other provision of law’’. 

12 SEC. 1106. TRANSPARENCY. 

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

14 United States Code, is amended by striking subsection (g) 

15 and inserting the following: 

16 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND

17 ACCOUNTABILITY REPORTS.— 

18 ‘‘(1) REQUIREMENT.— 

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

20 compile data in accordance with this subsection 

21 on the use of Federal-aid highway funds made 

22 available under this title. 

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

24 compiled under subparagraph (A) shall be in a 

25 user friendly format that can be searched, 


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1 downloaded, disaggregated, and filtered by data 

2 category. 

3 ‘‘(2) PROJECT DATA.— 

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

5 days after the end of each fiscal year, the Sec6 retary shall make available on the website of 

7 the Department of Transportation a report that 

8 describes— 

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

10 within each State during such fiscal year, 

11 including in which congressional district or 

12 districts such project is located; 

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

14 ‘‘(iii) the amount of Federal funding 

15 obligated for such project; 

16 ‘‘(iv) the program or programs from 

17 which Federal funds have been obligated 

18 for such project; 

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

20 an area of the State with a population of— 

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

22 ‘‘(II) 5,000 or more individuals 

23 but less than 50,000 individuals; 

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

25 but less than 200,001 individuals; or 


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1 ‘‘(IV) greater than 200,000 indi2 viduals; 

3 ‘‘(vi) whether such project is located 

4 in an area of persistent poverty; 

5 ‘‘(vii) the type of improvement being 

6 made by such project, including catego7 rizing such project as— 

8 ‘‘(I) a road reconstruction 

9 project; 

10 ‘‘(II) a new road construction 

11 project; 

12 ‘‘(III) a new bridge construction 

13 project; 

14 ‘‘(IV) a bridge rehabilitation 

15 project; or 

16 ‘‘(V) a bridge replacement 

17 project; and 

18 ‘‘(viii) the functional classification of 

19 the roadway on which such project is lo20 cated. 

21 ‘‘(B) INTERACTIVE MAP.—In addition to 

22 the data made available under subparagraph 

23 (A), the Secretary shall make available on the 

24 website of the Department of Transportation an 

25 interactive map that displays, for each active 


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1 project, the information described in clauses (i) 

2 through (v) of subparagraph (A). 

3 ‘‘(3) STATE DATA.— 

4 ‘‘(A) APPORTIONED AND ALLOCATED PRO5 GRAMS.—The website described in paragraph 

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

7 Federal-aid highway funds apportioned and al8 located to each State under this title, includ9 ing— 

10 ‘‘(i) the amount of funding available 

11 for obligation by the State, including prior 

12 unobligated balances, at the start of the 

13 fiscal year; 

14 ‘‘(ii) the amount of funding obligated 

15 by the State during such fiscal year; 

16 ‘‘(iii) the amount of funding remain17 ing available for obligation by the State at 

18 the end of such fiscal year; and 

19 ‘‘(iv) changes in the obligated, unex20 pended balance for the State. 

21 ‘‘(B) PROGRAMMATIC DATA.—The data de22 scribed in subparagraph (A) shall include— 

23 ‘‘(i) the amount of funding by each 

24 apportioned and allocated program for 


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1 which the State received funding under 

2 this title; 

3 ‘‘(ii) the amount of funding trans4 ferred between programs by the State dur5 ing the fiscal year using the authority pro6 vided under section 126; and 

7 ‘‘(iii) the amount and program cat8 egory of Federal funds exchanged as de9 scribed in section 106(g)(6). 

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

11 ‘‘(A) ACTIVE PROJECT.— 

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

13 project’ means a Federal-aid highway 

14 project using funds made available under 

15 this title on which those funds were obli16 gated or expended during the fiscal year 

17 for which the estimated total cost as of the 

18 start of construction is greater than 

19 $5,000,000. 

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

21 project’ does not include any project for 

22 which funds are transferred to agencies 

23 other than the Federal Highway Adminis24 tration. 


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1 ‘‘(B) INTERACTIVE MAP.—The term ‘inter2 active map’ means a map displayed on the pub3 lic website of the Department of Transportation 

4 that allows a user to select and view informa5 tion for each active project, State, and congres6 sional district. 

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

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

9 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 

10 106 of title 23, United States Code, is amended— 

11 (1) in subsection (g)— 

12 (A) in paragraph (4) by striking subpara13 graph (B) and inserting the following: 

14 ‘‘(B) ASSISTANCE TO STATES.—The Sec15 retary shall— 

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

17 to make the determination required under 

18 subparagraph (A); and 

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

20 other assistance to States and subrecipi21 ents as needed to ensure that projects ad22 ministered by subrecipients comply with 

23 the requirements of this title. 

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

25 shall review, not less frequently than every 2 


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1 years, the monitoring of subrecipients by the 

2 States.’’; and 

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

4 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO5 GRAMS.— 

6 ‘‘(A) IN GENERAL.—If a State allows a 

7 subrecipient to exchange Federal funds pro8 vided under this title that are allocated to such 

9 subrecipient for State or local funds, the State 

10 must certify to the Secretary that the State— 

11 ‘‘(i) has prevailing wage requirements 

12 that are comparable to the requirements 

13 under section 113 that apply to the use of 

14 such State or local funds; and 

15 ‘‘(ii) shall ensure that the prevailing 

16 wage requirements described in clause (i) 

17 apply to the use of such State or local 

18 funds. 

19 ‘‘(B) APPLICABILITY.—The requirements 

20 of this paragraph shall apply only if the re21 quirements of section 113 would be applicable 

22 to a covered project if such project was carried 

23 out using Federal funds. 

24 ‘‘(C) COVERED PROJECT DEFINED.—In 

25 this paragraph, the term ‘covered project’ 


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1 means a project carried out with exchanged 

2 State or local funds as described in subpara3 graph (A).’’; 

4 (2) in subsection (h)(3)— 

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

6 determined by the Secretary,’’; and 

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

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

9 proposed to be advanced as a public-private 

10 partnership, shall include a detailed value for 

11 money analysis or comparable analysis to deter12 mine’’; and 

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

14 ‘‘(k) MEGAPROJECTS.— 

15 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT

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

17 megaproject, the recipient of Federal financial as18 sistance under this title for such megaproject shall 

19 submit to the Secretary a comprehensive risk man20 agement plan that contains— 

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

22 the recipient will identify, quantify, and monitor 

23 the risks, including natural hazards, that might 

24 result in cost overruns, project delays, reduced 


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1 construction quality, or reductions in benefits 

2 with respect to the megaproject; 

3 ‘‘(B) examples of mechanisms the recipient 

4 will use to track risks identified pursuant to 

5 subparagraph (A); 

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

7 ‘‘(D) such assurances as the Secretary de8 termines appropriate that the recipient shall, 

9 with respect to the megaproject— 

10 ‘‘(i) regularly submit to the Secretary 

11 updated cost estimates; and 

12 ‘‘(ii) maintain and regularly reassess 

13 financial reserves for addressing known 

14 and unknown risks. 

15 ‘‘(2) PEER REVIEW GROUP.— 

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

17 days after the date on which a megaproject is 

18 authorized for construction, the recipient of 

19 Federal financial assistance under this title for 

20 such megaproject shall establish a peer review 

21 group for such megaproject that consists of at 

22 least 5 individuals (including at least 1 indi23 vidual with project management experience) to 

24 give expert advice on the scientific, technical, 


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1 and project management aspects of the 

2 megaproject. 

3 ‘‘(B) MEMBERSHIP.— 

4 ‘‘(i) IN GENERAL.—Not later than 

5 180 days after the date of enactment of 

6 this subsection, the Secretary shall estab7 lish guidelines describing how a recipient 

8 described in subparagraph (A) shall— 

9 ‘‘(I) recruit and select members 

10 for a peer review group established 

11 under such subparagraph; and 

12 ‘‘(II) make publicly available the 

13 criteria for such selection and identify 

14 the members so selected. 

15 ‘‘(ii) CONFLICT OF INTEREST.—No 

16 member of a peer review group for a 

17 megaproject may have a direct or indirect 

18 financial interest in such megaproject. 

19 ‘‘(C) TASKS.—A peer review group estab20 lished under subparagraph (A) by a recipient of 

21 Federal financial assistance for a megaproject 

22 shall— 

23 ‘‘(i) meet annually until completion of 

24 the megaproject; 


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1 ‘‘(ii) not later than 90 days after the 

2 date of the establishment of the peer re3 view group and not later than 90 days 

4 after the date of any significant change, as 

5 determined by the Secretary, to the scope, 

6 schedule, or budget of the megaproject, re7 view the scope, schedule, and budget of the 

8 megaproject, including planning, engineer9 ing, financing, and any other elements de10 termined appropriate by the Secretary; and 

11 ‘‘(iii) submit to the Secretary, Con12 gress, and such recipient a report on the 

13 findings of each review under clause (ii). 

14 ‘‘(3) TRANSPARENCY.—Not later than 90 days 

15 after the submission of a report under paragraph 

16 (2)(C)(iii), the Secretary shall publish on the website 

17 of the Department of Transportation such report. 

18 ‘‘(4) MEGAPROJECT DEFINED.—In this sub19 section, the term ‘megaproject’ means a project 

20 under this title that has an estimated total cost of 

21 $2,000,000,000 or more, and such other projects as 

22 may be identified by the Secretary. 

23 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 

24 ‘‘(1) PUBLIC AVAILABILITY.—The Secretary 

25 shall publish on the website of the Department of 


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1 Transportation a copy of all letters of interest, pro2 posals, workplans, and reports related to the special 

3 experimental project authority pursuant to section 

4 502(b). The Secretary shall redact confidential busi5 ness information, as necessary, from any such infor6 mation published. 

7 ‘‘(2) NOTIFICATION.—Not later than 3 days be8 fore making a determination to proceed with an ex9 periment under a letter of interest described in para10 graph (1), the Secretary shall provide notification 

11 and a description of the proposed experiment to the 

12 Committee on Transportation and Infrastructure of 

13 the House of Representatives and the Committee on 

14 Environment and Public Works of the Senate. 

15 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 

16 years after the date of enactment of the INVEST in 

17 America Act, the Secretary shall submit to the Com18 mittee on Transportation and Infrastructure of the 

19 House of Representatives and the Committee on En20 vironment and Public Works of the Senate a report 

21 that includes— 

22 ‘‘(A) a summary of each experiment de23 scribed in this subsection carried out over the 

24 previous 5 years; and 


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1 ‘‘(B) legislative recommendations, if any, 

2 based on the findings of such experiments. 

3 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT

4 AND ACCOUNTABILITY.— 

5 ‘‘(1) IN GENERAL.—To ensure the account6 ability and oversight of the discretionary grant selec7 tion process administered by the Secretary, a cov8 ered program shall be subject to the requirements of 

9 this section, in addition to the requirements applica10 ble to each covered program. 

11 ‘‘(2) APPLICATION PROCESS.—The Secretary 

12 shall— 

13 ‘‘(A) develop a template for applicants to 

14 use to summarize— 

15 ‘‘(i) project needs and benefits; and 

16 ‘‘(ii) any factors, requirements, or 

17 considerations established for the applica18 ble covered program; 

19 ‘‘(B) create a data driven process to evalu20 ate, as set forth in the covered program, each 

21 eligible project for which an application is re22 ceived; and 

23 ‘‘(C) make a determination, based on the 

24 evaluation made pursuant to subparagraph (B), 

25 on any ratings, rankings, scores, or similar 


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1 metrics for applications made to the covered 

2 program. 

3 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less 

4 than 15 days before making a grant for a covered 

5 program, the Secretary shall notify, in writing, the 

6 Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Committee on 

8 the Environment and Public Works of the Senate 

9 of— 

10 ‘‘(A) the amount for each project proposed 

11 to be selected; 

12 ‘‘(B) a description of the review process; 

13 ‘‘(C) for each application, the determina14 tion made under paragraph (2)(C); and 

15 ‘‘(D) a detailed explanation of the basis for 

16 each award proposed to be selected. 

17 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 

18 than 30 days after making a grant for a project 

19 under a covered program, the Secretary shall send 

20 to all applicants under such covered program, and 

21 publish on the website of the Department of Trans22 portation— 

23 ‘‘(A) a summary of each application made 

24 to the covered program for the given round of 

25 funding; and 


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1 ‘‘(B) the evaluation and justification for 

2 the project selection, including all ratings, 

3 rankings, scores, or similar metrics for applica4 tions made to the covered program for the given 

5 round of funding during each phase of the 

6 grant selection process. 

7 ‘‘(5) BRIEFING.—The Secretary shall provide, 

8 at the request of a grant applicant of a covered pro9 gram, the opportunity to receive a briefing to explain 

10 any reasons the grant applicant was not awarded a 

11 grant. 

12 ‘‘(6) TEMPLATE.—The Secretary shall, to the 

13 extent practicable, develop a template as described 

14 in paragraph (2)(A) for any discretionary program 

15 administered by the Secretary that is not a covered 

16 program. 

17 ‘‘(7) COVERED PROGRAM DEFINED.—The term 

18 ‘covered program’ means each of the following dis19 cretionary grant programs: 

20 ‘‘(A) Community climate innovation grants 

21 under section 172. 

22 ‘‘(B) Federal lands and tribal major 

23 projects grants under section 208. 

24 ‘‘(C) Mobility through advanced tech25 nologies grants under section 503(c)(4). 


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1 ‘‘(D) Rebuild rural bridges program under 

2 section 1307 of the INVEST in America Act. 

3 ‘‘(E) Parking for commercial motor vehicle 

4 grants under section 1308 of the INVEST in 

5 America Act. 

6 ‘‘(F) Active connected transportation 

7 grants under section 1309 of the INVEST in 

8 America Act. 

9 ‘‘(G) Wildlife crossings grants under sec10 tion 1310 of the INVEST in America Act. 

11 ‘‘(H) Reconnecting neighborhoods capital 

12 construction grants under section 1311(d) of 

13 the INVEST in America Act.’’. 

14 (c) DIVISION OFFICE CONSISTENCY.—Not later than 

15 1 year after the date of enactment of this Act, the Comp16 troller General of the United States shall submit to Con17 gress a report that— 

18 (1) analyzes the consistency of determinations 

19 among division offices of the Federal Highway Ad20 ministration; and 

21 (2) makes recommendations to improve the con22 sistency of such determinations. 

23 (d) IMPROVING RISK BASED STEWARDSHIP AND

24 OVERSIGHT.—Not later than 180 days after the date of 

25 enactment of this Act, the Administrator of the Federal 


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1 Highway Administration shall reference U.S. DOT Office 

2 of Inspector General Report No. ST2020035 and take the 

3 following actions, as necessary, to improve the risk based 

4 stewardship and oversight of the Federal Highway Admin5 istration: 

6 (1) Update and implement Federal Highway 

7 Administration guidance for risk-based project in8 volvement to clarify the requirements for its project 

9 risk-assessment process, including expectations for 

10 conducting and documenting the risk assessment 

11 and criteria to guide the reevaluation of project 

12 risks. 

13 (2) Identify and notify division offices of the 

14 Federal Highway Administration about sources of 

15 information that can inform the project risk-assess16 ment process. 

17 (3) Update and implement Federal Highway 

18 Administration guidance for risk-based project in19 volvement to clarify how the link between elevated 

20 risks and associated oversight activities, changes to 

21 oversight actions, and the results of its risk-based 

22 involvement should be documented in project over23 sight plans. 

24 (4) Develop and implement a process to rou25 tinely monitor the implementation and evaluate the 


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1 effectiveness of Federal Highway Administration 

2 risk-based project involvement. 

3 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 

4 DESIGN. 

5 (a) STANDARDS.—Section 109 of title 23, United 

6 States Code, is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1) by striking ‘‘planned 

9 future traffic of the highway in a manner that 

10 is conducive to’’ and inserting ‘‘future oper11 ational performance of the facility in a manner 

12 that enhances’’; and 

13 (B) in paragraph (2) by inserting ‘‘, taking 

14 into consideration context sensitive design prin15 ciples’’ after ‘‘each locality’’; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘The geometric’’ and in18 serting ‘‘DESIGN CRITERIA FOR THE INTER19 STATE SYSTEM.—The geometric’’; and 

20 (B) by striking ‘‘the types and volumes of 

21 traffic anticipated for such project for the twen22 ty-year period commencing on the date of ap23 proval by the Secretary, under section 106 of 

24 this title, of the plans, specifications, and esti25 mates for actual construction of such project’’ 


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1 and inserting ‘‘the existing and future oper2 ational performance of the facility’’; 

3 (3) in subsection (c)(1)— 

4 (A) in subparagraph (C) by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (B) in subparagraph (D) by striking the 

7 period and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(E) context sensitive design principles.’’; 

10 (4) by striking subsection (o) and inserting the 

11 following: 

12 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON13 NHS PROJECTS.— 

14 ‘‘(1) IN GENERAL.—Projects (other than high15 way projects on the National Highway System) 

16 shall— 

17 ‘‘(A) be designed, constructed, operated, 

18 and maintained in accordance with State laws, 

19 regulations, directives, safety standards, design 

20 standards, and construction standards; and 

21 ‘‘(B) take into consideration context sen22 sitive design principles. 

23 ‘‘(2) DESIGN FLEXIBILITY.— 

24 ‘‘(A) IN GENERAL.— 


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1 ‘‘(i) IN GENERAL.—A local jurisdic2 tion may select the most appropriate de3 sign publication for the roadway context in 

4 which the local jurisdiction is located for 

5 the design of a project on a roadway (other 

6 than a highway on the National Highway 

7 System) if— 

8 ‘‘(I) the local jurisdiction pro9 vides notification and justification of 

10 the use of such design publication to 

11 any State in which the project is lo12 cated; and 

13 ‘‘(II) the design complies with all 

14 other applicable Federal and State 

15 laws. 

16 ‘‘(ii) REVIEW.—If a State rejects a 

17 local jurisdiction’s selection of a design 

18 publication under this subparagraph, the 

19 local jurisdiction may submit notification 

20 and justification of such use to the Sec21 retary. The Secretary shall make a deter22 mination to approve or deny such submis23 sion not later than 90 days after receiving 

24 such submission. 


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1 ‘‘(B) STATE-OWNED ROADS.—In the case 

2 of a roadway under the ownership of the State, 

3 the local jurisdiction may select the most appro4 priate design publication only with the concur5 rence of the State. 

6 ‘‘(C) PROGRAMMATIC BASIS.—The Sec7 retary may consider the use of a design publica8 tion under this paragraph on a programmatic 

9 basis.’’; and 

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

11 ‘‘(s) CONTEXT SENSITIVE DESIGN.— 

12 ‘‘(1) CONTEXT SENSITIVE DESIGN PRIN13 CIPLES.—The Secretary shall consult with State and 

14 local officials prior to approving any roadway design 

15 publications under this section to ensure that the de16 sign publications provide adequate flexibility for a 

17 project sponsor to select the appropriate design of a 

18 roadway, consistent with context sensitive design 

19 principles. 

20 ‘‘(2) POLICIES OR PROCEDURES.— 

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

22 after the Secretary publishes the final guidance 

23 described in paragraph (3), each State shall 

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1 propriate design, consistent with context sen2 sitive design principles. 

3 ‘‘(B) LOCAL GOVERNMENTS.—The Sec4 retary and States shall encourage local govern5 ments to adopt policies or procedures described 

6 under subparagraph (A). 

7 ‘‘(C) CONSIDERATIONS.—The policies or 

8 procedures developed under this paragraph 

9 shall take into consideration the guidance devel10 oped by the Secretary under paragraph (3). 

11 ‘‘(3) GUIDANCE.— 

12 ‘‘(A) IN GENERAL.— 

13 ‘‘(i) NOTICE.—Not later than 1 year 

14 after the date of enactment of this sub15 section, the Secretary shall publish guid16 ance on the official website of the Depart17 ment of Transportation on context sen18 sitive design. 

19 ‘‘(ii) PUBLIC REVIEW AND COM20 MENT.—The guidance described in this 

21 paragraph shall be finalized following an 

22 opportunity for public review and com23 ment. 

24 ‘‘(iii) UPDATE.—The Secretary shall 

25 periodically update the guidance described 


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1 in this paragraph, including the model 

2 policies or procedures described under sub3 paragraph (B)(v). 

4 ‘‘(B) CONTENTS.—The guidance described 

5 in this paragraph shall— 

6 ‘‘(i) provide best practices for States, 

7 metropolitan planning organizations, re8 gional transportation planning organiza9 tions, local governments, or other project 

10 sponsors to implement context sensitive de11 sign principles; 

12 ‘‘(ii) identify opportunities to modify 

13 planning, scoping, design, and development 

14 procedures to more effectively combine 

15 modes of transportation into integrated fa16 cilities that meet the needs of each of such 

17 modes of transportation in an appropriate 

18 balance; 

19 ‘‘(iii) identify metrics to assess the 

20 context of the facility, including sur21 rounding land use or roadside characteris22 tics; 

23 ‘‘(iv) assess the expected operational 

24 and safety performance of facility design; 

25 and 


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1 ‘‘(v) establish model policies or proce2 dures, consistent with the findings of such 

3 guidance, for a State or other project spon4 sor to evaluate the context of a proposed 

5 facility and select the appropriate facility 

6 design for the context. 

7 ‘‘(C) TOPICS OF EMPHASIS.—In addition 

8 to the contents in subparagraph (B), the guid9 ance shall emphasize— 

10 ‘‘(i) procedures for identifying the 

11 needs of users of all ages and abilities of 

12 a particular roadway; 

13 ‘‘(ii) procedures for identifying the 

14 types and designs of facilities needed to 

15 serve various modes of transportation; 

16 ‘‘(iii) safety and other benefits pro17 vided by carrying out context sensitive de18 sign principles; 

19 ‘‘(iv) common barriers to carrying out 

20 context sensitive design principles; 

21 ‘‘(v) procedures for overcoming the 

22 most common barriers to carrying out con23 text sensitive design principles; 


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1 ‘‘(vi) procedures for identifying the 

2 costs associated with carrying out context 

3 sensitive design principles; 

4 ‘‘(vii) procedures for maximizing local 

5 cooperation in the introduction of context 

6 sensitive design principles and carrying out 

7 those principles; and 

8 ‘‘(viii) procedures for assessing and 

9 modifying the facilities and operational 

10 characteristics of existing roadways to im11 prove consistency with context sensitive de12 sign principles. 

13 ‘‘(4) FUNDING.—Amounts made available 

14 under sections 104(b)(6) and 505 of this title may 

15 be used for States, local governments, metropolitan 

16 planning organizations, or regional transportation 

17 planning organizations to adopt policies or proce18 dures to evaluate the context of a proposed roadway 

19 and select the appropriate design, consistent with 

20 context sensitive design principles.’’. 

21 (b) CONFORMING AMENDMENT.—Section 1404(b) of 

22 the FAST Act (23 U.S.C. 109 note) is repealed. 


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1 SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL 

2 SHARE. 

3 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 

4 United States Code, is amended— 

5 (1) by striking clauses (i) and (ii) and inserting 

6 the following: 

7 ‘‘(i) prefabricated bridge elements and 

8 systems, innovative materials, and other 

9 technologies to reduce bridge construction 

10 time, extend service life, and reduce preser11 vation costs, as compared to conventionally 

12 designed and constructed bridges; 

13 ‘‘(ii) innovative construction equip14 ment, materials, techniques, or practices, 

15 including the use of in-place recycling tech16 nology, digital 3-dimensional modeling 

17 technologies, and advanced digital con18 struction management systems;’’; 

19 (2) by redesignating clause (vi) as clause (ix); 

20 (3) in clause (v) by striking ‘‘or’’ at the end; 

21 and 

22 (4) by inserting after clause (v) the following: 

23 ‘‘(vi) innovative pavement materials 

24 that demonstrate reductions in— 


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1 ‘‘(I) greenhouse gas emissions 

2 through sequestration or innovative 

3 manufacturing processes; or 

4 ‘‘(II) local air pollution, 

5 stormwater runoff, or noise pollution; 

6 ‘‘(vii) innovative culvert materials that 

7 are made with recycled content and dem8 onstrate reductions in greenhouse gas 

9 emissions; 

10 ‘‘(viii) contractual provisions that pro11 vide safety contingency funds to incor12 porate safety enhancements to work zones 

13 prior to or during roadway construction 

14 and maintenance activities; or’’. 

15 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of 

16 title 23, United States Code, is amended by striking ‘‘sub17 section (c) of’’. 

18 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

19 FUNDS. 

20 Section 126(b) of title 23, United States Code, is 

21 amended— 

22 (1) in the heading by inserting ‘‘AND PRO23 GRAMS’’ after ‘‘SET-ASIDES’’; 


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1 (2) in paragraph (1) by striking ‘‘and 

2 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 

3 133(h), 148(m), 149, 151(f), and 171’’; and 

4 (3) by striking paragraph (2) and inserting the 

5 following: 

6 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With re7 spect to an apportionment under either paragraph 

8 (4) or paragraph (9) of section 104(b), and notwith9 standing paragraph (1), a State may only transfer 

10 not more than 50 percent from the amount of the 

11 apportionment of either such paragraph to the ap12 portionment under the other such paragraph in a 

13 fiscal year.’’. 

14 SEC. 1110. TOLLING. 

15 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER16 RIES.—Section 129 of title 23, United States Code, is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) by striking paragraph (1) and insert20 ing the following: 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) AUTHORIZATION.—Subject to the 

23 provisions of this section, Federal participation 

24 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, exclud15 ing 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 tun19 nel on the Interstate System and conver20 sion of that highway, bridge, or tunnel to 

21 a tolled facility, if the number of toll-free 

22 non-HOV lanes, excluding auxiliary lanes, 

23 after such construction is not less than the 

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1 ing auxiliary lanes, before such construc2 tion; 

3 ‘‘(iv) reconstruction, resurfacing, res4 toration, rehabilitation, or replacement of a 

5 toll highway, bridge, or tunnel or approach 

6 to the highway, bridge, or tunnel; 

7 ‘‘(v) reconstruction or replacement of 

8 a toll-free bridge or tunnel and conversion 

9 of the bridge or tunnel to a toll facility; 

10 ‘‘(vi) reconstruction of a toll-free Fed11 eral-aid highway (other than a highway on 

12 the Interstate System) and conversion of 

13 the highway to a toll facility; 

14 ‘‘(vii) reconstruction, restoration, or 

15 rehabilitation of a highway on the Inter16 state System if the number of toll-free 

17 non-HOV lanes, excluding auxiliary lanes, 

18 after reconstruction, restoration, or reha19 bilitation is not less than the number of 

20 toll-free non-HOV lanes, excluding auxil21 iary lanes, before reconstruction, restora22 tion, or rehabilitation; 

23 ‘‘(viii) conversion of a high occupancy 

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1 nel to a toll facility, subject to the require2 ments of section 166; and 

3 ‘‘(ix) preliminary studies to determine 

4 the feasibility of a toll facility for which 

5 Federal participation is authorized under 

6 this paragraph. 

7 ‘‘(B) AGREEMENT TO TOLL.— 

8 ‘‘(i) IN GENERAL.—Before the Sec9 retary may authorize tolling under this 

10 subsection, the public authority with juris11 diction over a highway, bridge, or tunnel 

12 shall enter into an agreement with the Sec13 retary to ensure compliance with the re14 quirements of this subsection. 

15 ‘‘(ii) APPLICABILITY.— 

16 ‘‘(I) IN GENERAL.—The require17 ments of this subparagraph shall 

18 apply to— 

19 ‘‘(aa) Federal participation 

20 under subparagraph (A); 

21 ‘‘(bb) any prior Federal par22 ticipation in the facility proposed 

23 to be tolled; and 

24 ‘‘(cc) conversion, with or 

25 without Federal participation, of 


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1 a non-tolled lane on the National 

2 Highway System to a toll facility 

3 under subparagraph (E). 

4 ‘‘(II) HOV FACILITY.—Except as 

5 otherwise provided in this subsection 

6 or section 166, the provisions of this 

7 paragraph shall not apply to a high 

8 occupancy vehicle facility. 

9 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap10 proval by the Secretary of an agreement to 

11 toll under this paragraph shall be consid12 ered a major Federal action under the Na13 tional Environmental Policy Act of 1969 

14 (42 U.S.C. 4321 et seq.). 

15 ‘‘(C) AGREEMENT CONDITIONS.—Prior to 

16 entering into an agreement to toll under sub17 paragraph (B), the public authority shall certify 

18 to the Secretary that— 

19 ‘‘(i) the public authority has estab20 lished procedures to ensure the toll meets 

21 the purposes and requirements of this sub22 section; 

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1 hicles and over-the-road buses serving the 

2 public; and 

3 ‘‘(iii) the facility shall provide for the 

4 regional interoperability of electronic toll 

5 collection, including through technologies 

6 or business practices. 

7 ‘‘(D) CONSIDERATION OF IMPACTS.— 

8 ‘‘(i) IN GENERAL.—Prior to entering 

9 into an agreement to toll under subpara10 graph (B), the Secretary shall ensure the 

11 public authority has adequately considered, 

12 including by providing an opportunity for 

13 public comment, the following factors with14 in the corridor: 

15 ‘‘(I) Congestion impacts on both 

16 the toll facility and in the corridor or 

17 cordon (including adjacent toll-free fa18 cilities). 

19 ‘‘(II) In the case of a non-attain20 ment or maintenance area, air quality 

21 impacts. 

22 ‘‘(III) Planned investments to 

23 improve public transportation or other 

24 non-tolled alternatives in the corridor. 


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1 ‘‘(IV) Environmental justice and 

2 equity impacts. 

3 ‘‘(V) Impacts on freight move4 ment. 

5 ‘‘(VI) Economic impacts on busi6 nesses. 

7 ‘‘(ii) CONSIDERATION IN ENVIRON8 MENTAL REVIEW.—Nothing in this sub9 paragraph shall limit a public authority 

10 from meeting the requirements of this sub11 paragraph through the environmental re12 view process, as applicable. 

13 ‘‘(E) CONGESTION PRICING.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 may authorize conversion of a non-tolled 

16 lane on the National Highway System to a 

17 toll facility to utilize pricing to manage the 

18 demand to use the facility by varying the 

19 toll amount that is charged. 

20 ‘‘(ii) REQUIREMENT.—Prior to enter21 ing into an agreement to convert a non22 tolled lane on the National Highway Sys23 tem to a toll facility, the Secretary shall 

24 ensure (in addition to the requirements 

25 under subparagraphs (B), (C), and (D)) 


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1 that such toll facility and the planned in2 vestments to improve public transportation 

3 or other non-tolled alternatives in the cor4 ridor are reasonably expected to improve 

5 the operation of the cordon or corridor, as 

6 described in clauses (iii) and (iv). 

7 ‘‘(iii) PERFORMANCE MONITORING.— 

8 A public authority that enters into an 

9 agreement to convert a non-tolled lane to 

10 a toll facility under this subparagraph 

11 shall— 

12 ‘‘(I) establish, monitor, and sup13 port a performance monitoring, eval14 uation, and reporting program— 

15 ‘‘(aa) for the toll facility 

16 that provides for continuous 

17 monitoring, assessment, and re18 porting on the impacts that the 

19 pricing structure may have on 

20 the operation of the facility; and 

21 ‘‘(bb) for the corridor or cor22 don that provides for continuous 

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1 tion pricing on the operation of 

2 the corridor or cordon; 

3 ‘‘(II) submit to the Secretary an4 nual reports of the impacts described 

5 in subclause (I); and 

6 ‘‘(III) if the facility or the cor7 ridor or cordon becomes degraded, as 

8 described in clause (iv), submit to the 

9 Secretary an annual update that de10 scribes the actions proposed to bring 

11 the toll facility into compliance and 

12 the progress made on such actions. 

13 ‘‘(iv) DETERMINATION.— 

14 ‘‘(I) DEGRADED OPERATION.— 

15 For purposes of clause (iii)(III), the 

16 operation of a toll facility shall be 

17 considered to be degraded if vehicles 

18 operating on the facility are failing to 

19 maintain a minimum average oper20 ating speed 90 percent of the time 

21 over a consecutive 180-day period 

22 during peak hour periods. 

23 ‘‘(II) DEGRADED CORRIDOR OR

24 CORDON.—For the purposes of clause 

25 (iii)(III), a corridor or cordon shall be 


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1 considered to be degraded if conges2 tion pricing or investments to improve 

3 public transportation or other non4 tolled alternatives have not resulted 

5 in— 

6 ‘‘(aa) an increase in person 

7 or freight throughput in the cor8 ridor or cordon; or 

9 ‘‘(bb) a reduction in person 

10 hours of delay in the corridor or 

11 cordon, as determined by the 

12 Secretary. 

13 ‘‘(III) DEFINITION OF MINIMUM

14 AVERAGE OPERATING SPEED.—In this 

15 subparagraph, the term ‘minimum av16 erage operating speed’ means— 

17 ‘‘(aa) 35 miles per hour, in 

18 the case of a toll facility with a 

19 speed limit of 45 miles per hour 

20 or greater; and 

21 ‘‘(bb) not more than 10 

22 miles per hour below the speed 

23 limit, in the case of a toll facility 

24 with a speed limit of less than 50 

25 miles per hour. 


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1 ‘‘(v) MAINTENANCE OF OPERATING

2 PERFORMANCE.— 

3 ‘‘(I) IN GENERAL.—Not later 

4 than 180 days after the date on which 

5 a facility or a corridor or cordon be6 comes degraded under clause (iv), the 

7 public authority with jurisdiction over 

8 the facility shall submit to the Sec9 retary for approval a plan that details 

10 the actions the public authority will 

11 take to make significant progress to12 ward bringing the facility or corridor 

13 or cordon into compliance with this 

14 subparagraph. 

15 ‘‘(II) NOTICE OF APPROVAL OR

16 DISAPPROVAL.—Not later than 60 

17 days after the date of receipt of a 

18 plan under subclause (I), the Sec19 retary shall provide to the public au20 thority a written notice indicating 

21 whether the Secretary has approved 

22 or disapproved the plan based on a 

23 determination of whether the imple24 mentation of the plan will make sig25 nificant progress toward bringing the 


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1 facility or corridor or cordon into 

2 compliance with this subparagraph. 

3 ‘‘(III) UPDATE.—Until the date 

4 on which the Secretary determines 

5 that the public authority has brought 

6 the facility or corridor or cordon into 

7 compliance with this subparagraph, 

8 the public authority shall submit an9 nual updates that describe— 

10 ‘‘(aa) the actions taken to 

11 bring the facility into compliance; 

12 ‘‘(bb) the actions taken to 

13 bring the corridor or cordon into 

14 compliance; and 

15 ‘‘(cc) the progress made by 

16 those actions. 

17 ‘‘(IV) COMPLIANCE.—If a public 

18 authority fails to bring a facility into 

19 compliance under this subparagraph, 

20 the Secretary may subject the public 

21 authority to appropriate program 

22 sanctions under section 1.36 of title 

23 23, Code of Federal Regulations (or 

24 successor regulations), until the per25 formance is no longer degraded. 


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1 ‘‘(vi) CONSULTATION OF MPO.—If a 

2 toll facility authorized under this subpara3 graph is located on the National Highway 

4 System and in a metropolitan planning 

5 area established in accordance with section 

6 134, the public authority shall consult with 

7 the metropolitan planning organization for 

8 the area. 

9 ‘‘(vii) INCLUSION.—For the purposes 

10 of this paragraph, the corridor or cordon 

11 shall include toll-free facilities that are ad12 jacent to the toll facility.’’; 

13 (B) in paragraph (3)— 

14 (i) in subparagraph (A)— 

15 (I) in clause (iv) by striking 

16 ‘‘and’’ at the end; and 

17 (II) by striking clause (v) and in18 serting the following: 

19 ‘‘(v) any project eligible under this 

20 title or chapter 53 of title 49 that improves 

21 the operation of the corridor or cordon by 

22 increasing person or freight throughput 

23 and reducing person hours of delay; 

24 ‘‘(vi) toll discounts or rebates for 

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1 sonable alternative transportation method 

2 to the toll facility; and 

3 ‘‘(vii) if the public authority certifies 

4 annually that the tolled facility is being 

5 adequately maintained and the cordon or 

6 corridor is not degraded under paragraph 

7 (1)(E), any revenues remaining after fund8 ing the activities described in clauses (i) 

9 through (vi) shall be considered surplus 

10 revenue and may be used for any other 

11 purpose for which Federal funds may be 

12 obligated by a State under this title or 

13 chapter 53 of title 49.’’; 

14 (ii) by striking subparagraph (B) and 

15 inserting the following: 

16 ‘‘(B) TRANSPARENCY.— 

17 ‘‘(i) ANNUAL AUDIT.— 

18 ‘‘(I) IN GENERAL.—A public au19 thority with jurisdiction over a toll fa20 cility shall conduct or have an inde21 pendent auditor conduct an annual 

22 audit of toll facility records to verify 

23 adequate maintenance and compliance 

24 with subparagraph (A), and report the 

25 results of the audits to the Secretary. 


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1 ‘‘(II) RECORDS.—On reasonable 

2 notice, the public authority shall make 

3 all records of the public authority per4 taining to the toll facility available for 

5 audit by the Secretary. 

6 ‘‘(ii) USE OF REVENUES.—A State or 

7 public authority that obligates amounts 

8 under clauses (v), (vi), or (vii) of subpara9 graph (A) shall annually report to the Sec10 retary a list of activities funded with such 

11 amounts and the amount of funding pro12 vided for each such activity.’’; 

13 (C) in paragraph (8) by striking ‘‘as of the 

14 date of enactment of the MAP–21, before com15 mencing any activity authorized’’ and inserting 

16 ‘‘, before commencing any activity authorized’’; 

17 (D) in paragraph (9)— 

18 (i) by striking ‘‘bus’’ and inserting 

19 ‘‘vehicle’’; and 

20 (ii) by striking ‘‘buses’’ and inserting 

21 ‘‘vehicles’’; and 

22 (E) by striking paragraph (10) and insert23 ing the following: 

24 ‘‘(10) INTEROPERABILITY OF ELECTRONIC

25 TOLL COLLECTION.— 


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1 ‘‘(A) IN GENERAL.—All toll facilities on 

2 Federal-aid highways shall provide for the re3 gional interoperability of electronic toll collec4 tion, including through technologies or business 

5 practices. 

6 ‘‘(B) PROHIBITION ON RESTRICTION.—No 

7 State, or any political subdivision thereof, shall 

8 restrict the information that is shared across 

9 public and private toll facility operators or their 

10 agents or contractors for purposes of facili11 tating, operating, or maintaining electronic toll 

12 collection programs. 

13 ‘‘(11) NONCOMPLIANCE.—If the Secretary con14 cludes that a public authority has not complied with 

15 the requirements of this subsection, the Secretary 

16 may require the public authority to discontinue col17 lecting tolls until the public authority and the Sec18 retary enter into an agreement for the public author19 ity to achieve compliance with such requirements. 

20 ‘‘(12) DEFINITIONS.—In this subsection, the 

21 following definitions apply: 

22 ‘‘(A) FEDERAL PARTICIPATION.—The term 

23 ‘Federal participation’ means the use of funds 

24 made available under this title. 


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1 ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 

2 The term ‘high occupancy vehicle’ or ‘HOV’ 

3 means a vehicle with not fewer than 2 occu4 pants. 

5 ‘‘(C) INITIAL CONSTRUCTION.— 

6 ‘‘(i) IN GENERAL.—The term ‘initial 

7 construction’ means the construction of a 

8 highway, bridge, tunnel, or other facility at 

9 any time before it is open to traffic. 

10 ‘‘(ii) EXCLUSIONS.—The term ‘initial 

11 construction’ does not include any improve12 ment to a highway, bridge, tunnel, or other 

13 facility after it is open to traffic. 

14 ‘‘(D) OVER-THE-ROAD BUS.—The term 

15 ‘over-the-road bus’ has the meaning given the 

16 term in section 301 of the Americans with Dis17 abilities Act of 1990 (42 U.S.C. 12181). 

18 ‘‘(E) PUBLIC AUTHORITY.—The term 

19 ‘public authority’ means a State, interstate 

20 compact of States, or public entity designated 

21 by a State. 

22 ‘‘(F) PUBLIC TRANSPORTATION VEHI23 CLE.—The term ‘public transportation vehicle’ 

24 has the meaning given that term in section 166. 


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1 ‘‘(G) TOLL FACILITY.—The term ‘toll fa2 cility’ means a toll highway, bridge, or tunnel or 

3 approach to the highway, bridge, or tunnel con4 structed or authorized to be tolled under this 

5 subsection.’’. 

6 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC7 TION AND REHABILITATION PILOT PROGRAM.—Section 

8 1216 of the Transportation Equity Act for the 21st Cen9 tury (23 U.S.C. 129 note), and the item related to such 

10 section in the table of contents in section 1(b) of such Act, 

11 are repealed. 

12 (c) VALUE PRICING PILOT PROGRAM.—Section 

13 1012(b) of the Intermodal Surface Transportation Effi14 ciency Act of 1991 (23 U.S.C. 149 note) is amended by 

15 adding at the end the following: 

16 ‘‘(9) SUNSET.—The Secretary may not consider 

17 an expression of interest submitted under this sec18 tion after the date of enactment of this paragraph.’’. 

19 (d) SAVINGS CLAUSE.— 

20 (1) APPLICATION OF LIMITATIONS.—Any toll 

21 facility described in paragraph (2) shall be subject to 

22 the requirements of section 129(a)(3) of title 23, 

23 United States Code, as in effect on the day before 

24 the date of enactment of this Act. 


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1 (2) TOLL FACILITIES.—A toll facility described 

2 in this paragraph is a facility that, on the day prior 

3 to the date of enactment of this Act, was— 

4 (A) operating; 

5 (B) in the planning and design phase; or 

6 (C) in the construction phase. 

7 (e) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary of Transportation 

9 shall submit to Congress a report on the implementation 

10 of the interoperability of toll collection as required under 

11 section 1512(b) of MAP–21, including an assessment of 

12 the progress in, and barriers on, such implementation. 

13 SEC. 1111. HOV FACILITIES. 

14 Section 166 of title 23, United States Code, is 

15 amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (4)(C)(iii) by striking 

18 ‘‘transportation buses’’ and inserting ‘‘transpor19 tation vehicles’’; 

20 (B) in paragraph (5)(B) by striking 

21 ‘‘2019’’ and inserting ‘‘2025’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(6) EMERGENCY VEHICLES.—The public au24 thority may allow the following vehicles to use the 


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1 HOV facility if the authority establishes require2 ments for clearly identifying the vehicles: 

3 ‘‘(A) An emergency vehicle that is respond4 ing to an existing emergency. 

5 ‘‘(B) A blood transport vehicle that is 

6 transporting blood between collection points and 

7 hospitals or storage centers.’’. 

8 (2) in subsection (d)(2)(A)(i) by striking ‘‘45 

9 miles per hour, in the case of a HOV facility with 

10 a speed limit of 50 miles per hour or greater’’ and 

11 inserting ‘‘35 miles per hour, in the case of a HOV 

12 facility with a speed limit of 45 miles per hour or 

13 greater’’; 

14 (3) in subsection (d)(2)(B) by striking ‘‘morn15 ing or evening weekday peak hour periods (or both)’’ 

16 and inserting ‘‘peak hour periods’’; 

17 (4) in subsection (e)— 

18 (A) by striking ‘‘Not later than 180 days 

19 after the date of enactment of this section, the 

20 Administrator’’ and inserting ‘‘The Adminis21 trator’’; 

22 (B) in paragraph (1) by striking ‘‘and’’ at 

23 the end; 

24 (C) in paragraph (2) by striking the period 

25 at the end and inserting ‘‘; and’’; and 


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

2 ‘‘(3) not later than 180 days after the date of 

3 enactment of the INVEST in America Act, update 

4 the requirements established under paragraph (1).’’; 

5 and 

6 (5) in subsection (f)— 

7 (A) in paragraph (1)— 

8 (i) by striking subparagraphs (C), 

9 (D), and (F); and 

10 (ii) by redesignating subparagraphs 

11 (E), (G), (H), and (I) as subparagraphs 

12 (C), (D), (E), and (F), respectively; and 

13 (B) in paragraph (6)(B)(i) by striking 

14 ‘‘public entity’’ and inserting ‘‘public transpor15 tation service that is a recipient or subrecipient 

16 of funds under chapter 53 of title 49’’. 

17 SEC. 1112. BUY AMERICA. 

18 (a) IN GENERAL.—Section 313 of title 23, United 

19 States Code, is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘Notwithstanding’’ and in22 serting ‘‘IN GENERAL.—Notwithstanding’’; 

23 (B) by striking ‘‘Secretary of Transpor24 tation’’ and inserting ‘‘Secretary’’; 


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1 (C) by striking ‘‘the Surface Transpor2 tation Assistance Act of 1982 (96 Stat. 2097) 

3 or’’; and 

4 (D) by striking ‘‘and manufactured prod5 ucts’’ and inserting ‘‘manufactured products, 

6 and construction materials’’; 

7 (2) in subsection (b) by inserting ‘‘DETERMINA8 TION.—’’ before ‘‘The provisions’’; 

9 (3) in subsection (c) by striking ‘‘For purposes’’ 

10 and inserting ‘‘CALCULATION.—For purposes’’; 

11 (4) in subsection (d)— 

12 (A) by striking ‘‘The Secretary of Trans13 portation’’ and inserting ‘‘REQUIREMENTS.— 

14 The Secretary’’; and 

15 (B) by striking ‘‘the Surface Transpor16 tation Assistance Act of 1982 (96 Stat. 2097) 

17 or’’; and 

18 (5) by adding at the end the following: 

19 ‘‘(h) WAIVER PROCEDURE.— 

20 ‘‘(1) IN GENERAL.—Not later than 120 days 

21 after the submission of a request for a waiver, the 

22 Secretary shall make a determination under para23 graph (1) or (2) of subsection (b) as to whether sub24 section (a) shall apply. 

25 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 


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1 ‘‘(A) IN GENERAL.—Not later than 30 

2 days before making a determination regarding a 

3 waiver described in paragraph (1), the Sec4 retary shall provide notification and an oppor5 tunity for public comment on the request for 

6 such waiver. 

7 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

8 notification required under subparagraph (A) 

9 shall— 

10 ‘‘(i) describe whether the application 

11 is being made for a determination de12 scribed in subsection (b)(1); and 

13 ‘‘(ii) be provided to the public by elec14 tronic means, including on the public 

15 website of the Department of Transpor16 tation. 

17 ‘‘(3) DETERMINATION.—Before a determination 

18 described in paragraph (1) takes effect, the Sec19 retary shall publish a detailed justification for such 

20 determination that addresses all public comments re21 ceived under paragraph (2)— 

22 ‘‘(A) on the public website of the Depart23 ment of Transportation; and 


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1 ‘‘(B) if the Secretary issues a waiver with 

2 respect to such determination, in the Federal 

3 Register. 

4 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 

5 ‘‘(1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this subsection, and at 

7 least every 5 years thereafter, the Secretary shall re8 view any standing nationwide waiver issued by the 

9 Secretary under this section to ensure such waiver 

10 remains justified. 

11 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY

12 FOR COMMENT.— 

13 ‘‘(A) IN GENERAL.—Not later than 30 

14 days before the completion of a review under 

15 paragraph (1), the Secretary shall provide noti16 fication and an opportunity for public comment 

17 on such review. 

18 ‘‘(B) MEANS OF NOTIFICATION.—Notifica19 tion provided under this subparagraph shall be 

20 provided by electronic means, including on the 

21 public website of the Department of Transpor22 tation. 

23 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL

24 REGISTER.—After the completion of a review under 

25 paragraph (1), the Secretary shall publish in the 


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1 Federal Register a detailed justification for the de2 termination made under paragraph (1) that address3 es all public comments received under paragraph 

4 (2). 

5 ‘‘(4) CONSIDERATION.—In conducting the re6 view under paragraph (1), the Secretary shall con7 sider the research on supply chains carried out 

8 under section 1112(c) of the INVEST in America 

9 Act. 

10 ‘‘(j) REPORT.—Not later than 120 days after the last 

11 day of each fiscal year, the Secretary shall submit to the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives, the Committee on Appropria14 tions of the House of Representatives, the Committee on 

15 Environment and Public Works of the Senate, and the 

16 Committee on Appropriations of the Senate a report on 

17 the waivers provided under subsection (h) during the pre18 vious fiscal year and the justifications for such waivers. 

19 ‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 

20 section, the term ‘construction materials’ means primary 

21 materials that are commonly used in highway construc22 tion, as determined by the Secretary.’’. 

23 (b) CONSTRUCTION MATERIALS.— 

24 (1) ESTABLISHMENT OF REQUIREMENTS.—The 

25 Secretary shall issue such regulations as are necVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 essary to implement the amendment made sub2 section (a)(1)(D). Such regulations shall ensure the 

3 continued availability of construction materials to 

4 carry out projects under title 23, United States 

5 Code. 

6 (2) CONSIDERATIONS.—The requirements of 

7 this section, and the amendments made by this sec8 tion— 

9 (A) shall seek to maximize jobs located in 

10 the United States; 

11 (B) may establish domestic content re12 quirements that increase over time, based on 

13 the current and expected future domestic avail14 ability of construction materials; and 

15 (C) shall take into consideration the re16 search conducted under subsection (c). 

17 (3) APPLICABILITY.—The amendment made by 

18 subsection (a)(1)(D) shall take effect beginning on 

19 the date that the Secretary establishes the require20 ments described under paragraph (1). 

21 (c) RESEARCH ON SUPPLY CHAINS.— 

22 (1) IN GENERAL.—The Secretary shall conduct 

23 research on covered items that are commonly used 

24 or acquired under title 23, United States Code, in25 cluding— 


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1 (A) construction materials; 

2 (B) manufactured products; 

3 (C) vehicles; and 

4 (D) alternative fuel infrastructure and 

5 electric vehicle supply equipment. 

6 (2) CONSIDERATIONS.—The research under 

7 paragraph (1) shall consider— 

8 (A) the domestic availability of covered 

9 items; 

10 (B) the supply chain for covered items. 

11 (C) the estimated market share of covered 

12 items from— 

13 (i) procurement under the Federal-aid 

14 highway program; 

15 (ii) procurement under other pro16 grams administered by the Secretary of 

17 Transportation; and 

18 (iii) other Federal procurement; and 

19 (D) the cost differential, if any, of domesti20 cally produced covered items as compared to 

21 non-domestically produced covered items. 

22 (3) DOMESTIC SUPPLIERS.—As part of the re23 view under this paragraph, the Secretary may estab24 lish and maintain a list of known domestic suppliers 

25 of covered items. 


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1 (4) DEFINITION OF COVERED ITEM.—For the 

2 purposes of this section, the term ‘‘covered item’’ 

3 means any material or product subject to the re4 quirements of section 313(a) of title 23, United 

5 States Code, that is commonly used in highway con6 struction or procured under the Federal-aid highway 

7 program. 

8 (d) SAFETEA–LU TECHNICAL CORRECTIONS ACT

9 OF 2008.—Section 117 of the SAFETEA–LU Technical 

10 Corrections Act of 2008 (23 U.S.C. 313 note) is repealed. 

11 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE12 MENTS. 

13 (a) IN GENERAL.—Section 113 of title 23, United 

14 States Code, is amended— 

15 (1) by striking subsections (a) and (b) and in16 serting the following: 

17 ‘‘(a) IN GENERAL.—The Secretary shall take such 

18 action as may be necessary to ensure that all laborers and 

19 mechanics employed by contractors and subcontractors on 

20 construction work performed on projects financed or oth21 erwise assisted in whole or in part by a loan, loan guar22 antee, grant, credit enhancement, or any other form of 

23 Federal assistance administered by the Secretary or the 

24 Department, including programs to capitalize revolving 

25 loan funds and subsequent financing cycles under such 


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1 funds, shall be paid wages at rates not less than those 

2 prevailing on projects of a character similar in the locality, 

3 as determined by the Secretary of Labor in accordance 

4 with subchapter IV of chapter 31 of title 40. With respect 

5 to the labor standards specified in this section, the Sec6 retary of Labor shall have the authority and functions set 

7 forth in Reorganization Plan Numbered 14 of 1950 (64 

8 Stat. 1267) and section 3145 of title 40.’’; 

9 (2) by redesignating subsection (c) as sub10 section (b); and 

11 (3) in subsection (b), as so redesignated, by in12 serting ‘‘APPRENTICESHIP AND SKILL TRAINING

13 PROGRAMS.—’’ before ‘‘The provisions’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Section 133 of title 23, United States Code, 

16 is amended by striking subsection (i). 

17 (2) Section 167 of title 23, United States Code, 

18 is amended by striking subsection (l). 

19 (3) Section 1401 of the MAP–21 (23 U.S.C. 

20 137 note) is amended by striking subsection (e). 

21 SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 

22 CATEGORICAL EXCLUSIONS. 

23 Section 326(c)(3) of title 23, United States Code, is 

24 amended— 


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1 (1) by striking subparagraph (A) and inserting 

2 the following: 

3 ‘‘(A) except as provided under subpara4 graph (C), have a term of not more than 3 

5 years;’’; 

6 (2) in subparagraph (B) by striking the period 

7 at the end and inserting ‘‘; and’’; and 

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

9 ‘‘(C) for any State that has assumed the 

10 responsibility for categorical exclusions under 

11 this section for at least 10 years, have a term 

12 of 5 years.’’. 

13 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIV14 ERY PROGRAM WRITTEN AGREEMENTS. 

15 Section 327 of title 23, United States Code, is 

16 amended— 

17 (1) in subsection (a)(2)(G) by inserting ‘‘, in18 cluding the payment of fees awarded under section 

19 2412 of title 28’’ after ‘‘with the project’’. 

20 (2) in subsection (c)— 

21 (A) by striking paragraph (5) and insert22 ing the following: 

23 ‘‘(5) except as provided under paragraph (7), 

24 have a term of not more than 5 years;’’; 


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1 (B) in paragraph (6) by striking the period 

2 at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(7) for any State that has participated in a 

5 program under this section (or under a predecessor 

6 program) for at least 10 years, have a term of 10 

7 years.’’; 

8 (3) in subsection (g)(1)— 

9 (A) in subparagraph (C) by striking ‘‘an10 nual’’; 

11 (B) in subparagraph (B) by striking ‘‘and’’ 

12 at the end; 

13 (C) by redesignating subparagraph (C) as 

14 subparagraph (D); and 

15 (D) by inserting after subparagraph (B) 

16 the following: 

17 ‘‘(C) in the case of an agreement period of 

18 greater than 5 years under subsection (c)(7), 

19 conduct an audit covering the first 5 years of 

20 the agreement period; and’’; and 

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

22 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 

23 A State agency that is assigned a responsibility under an 

24 agreement under this section shall be deemed to be an 


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1 agency of the United States for the purposes of section 

2 2412 of title 28.’’. 

3 SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) APPLICABLE BRIDGE PROJECTS.—The term 

6 ‘‘applicable bridge projects’’ means a project for con7 struction, replacement, rehabilitation, preservation, 

8 or protection, other than de minimis work, as deter9 mined by the applicable State department of trans10 portation, on a bridge project that receives financial 

11 assistance under title 23, United States Code. 

12 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer13 tified contractor’’ means a contracting or subcon14 tracting firm that has been certified by an industry15 wide recognized third party organization that evalu16 ates the capability of the contractor or subcontractor 

17 to properly perform 1 or more specified aspects of 

18 applicable bridge projects described in subsection 

19 (b)(2). 

20 (3) QUALIFIED TRAINING PROGRAM.—The term 

21 ‘‘qualified training program’’ means a training pro22 gram in corrosion control, mitigation, and prevention 

23 that is either— 

24 (A) offered or accredited by an organiza25 tion that sets industry corrosion standards; or 


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1 (B) an industrial coatings applicator train2 ing program registered under the Act of August 

3 16, 1937 (29 U.S.C. 50 et seq.; commonly 

4 known as the ‘‘National Apprenticeship Act’’) 

5 that meets the standards of subpart A of part 

6 29 and part 30 of title 29, Code of Federal 

7 Regulations. 

8 (b) APPLICABLE BRIDGE PROJECTS.— 

9 (1) QUALITY CONTROL.—A certified contractor 

10 shall carry out aspects of an applicable bridge 

11 project described in paragraph (2). 

12 (2) ASPECTS OF APPLICABLE BRIDGE

13 PROJECTS.—Aspects of an applicable bridge project 

14 referred to in paragraph (1) shall include— 

15 (A) surface preparation or coating applica16 tion on steel or rebar of an applicable bridge 

17 project; 

18 (B) removal of a lead-based or other haz19 ardous coating from steel of an existing applica20 ble bridge project; and 

21 (C) shop painting of structural steel or 

22 rebar fabricated for installation on an applica23 ble bridge project. 


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1 (3) CORROSION MANAGEMENT SYSTEM.—In 

2 carrying out an applicable bridge project, a State de3 partment of transportation shall— 

4 (A) implement a corrosion management 

5 system that utilizes industry-recognized stand6 ards and corrosion mitigation and prevention 

7 methods to address— 

8 (i) surface preparation; 

9 (ii) protective coatings; 

10 (iii) materials selection; 

11 (iv) cathodic protection; 

12 (v) corrosion engineering; 

13 (vi) personnel training; and 

14 (vii) best practices in environmental 

15 protection to prevent environmental deg16 radation and uphold public health. 

17 (B) require certified contractors, for the 

18 purpose of carrying out aspects of applicable 

19 bridge projects described in paragraph (2), to 

20 employ a substantial number of individuals that 

21 are trained and certified by a qualified training 

22 program as meeting the ANSI/NACE Number 

23 13/SSPC–ACS–1 standard or future versions of 

24 this standard. 


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1 (4) CERTIFICATION.—The applicable State de2 partment of transportation shall only accept bids for 

3 projects that include aspects of applicable bridge 

4 projects described in paragraph (2) from a certified 

5 contractor that presents written proof that the cer6 tification of such contractor meets the standards of 

7 SSPC QP1, QP2, and QP3 or future versions of 

8 these standards. 

9 (c) TRAINING PROGRAM.—As a condition of entering 

10 into a contract for an applicable bridge project, each cer11 tified contractor shall provide training, through a qualified 

12 training program, for each individual who is not a certified 

13 coating applicator but that the certified contractor em14 ploys to carry out aspects of applicable bridge projects as 

15 described in subsection (b)(2). 

16 SEC. 1117. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) States should utilize life-cycle cost analysis 

19 to evaluate the total economic cost of a transpor20 tation project over its expected lifetime; and 

21 (2) data indicating that future repair costs as22 sociated with a transportation project frequently 

23 total more than half of the initial cost of the project, 

24 and that conducting life-cycle cost analysis prior to 

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1 effective option, improve their economic perform2 ance, and lower the total cost of building and main3 taining the project. 

4 SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN 

5 RIGHT-OF-WAY. 

6 (a) IN GENERAL.—Notwithstanding chapter 1 of title 

7 23, United States Code, electric vehicle charging infra8 structure, renewable energy generation facilities, electrical 

9 transmission and distribution infrastructure, and 

10 broadband infrastructure and conduit shall be treated as 

11 a facility covered under part 645 of title 23, Code of Fed12 eral Regulations (or successor regulations), for purposes 

13 of being accommodated under section 109(l) of title 23, 

14 United States Code. 

15 (b) STATE APPROVAL.—A State, on behalf of the 

16 Secretary of Transportation, may approve the accommo17 dation of the infrastructure and facilities described in sub18 section (a) within any right-of-way on a Federal-aid high19 way pursuant to section 109(l) of title 23, United States 

20 Code. 

21 SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE 

22 SAFETY IMPROVEMENTS. 

23 (a) IN GENERAL.—Notwithstanding any provision of 

24 title 23, United States Code, or any regulation issued by 

25 the Secretary of Transportation, section 129(a)(3) of such 


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1 title shall not apply to a covered public authority that re2 ceives funding under such title for pedestrian and bike 

3 safety improvements. 

4 (b) NO TOLL.—A covered public authority may not 

5 charge a toll, fee, or other levy for use of such improve6 ments. 

7 (c) EFFECTIVE DATE.—A covered public authority 

8 shall be eligible for the exemption under subsection (a) 

9 for 10 years after the date of enactment of this Act. Any 

10 such exemption granted shall remain in effect after the 

11 effective date described in this section. 

12 (d) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) COVERED PUBLIC AUTHORITY.—The term 

15 ‘‘covered public authority’’ means a public authority 

16 with jurisdiction over a toll facility located within 

17 both— 

18 (A) a National Scenic Area; and 

19 (B) the National Trail System. 

20 (2) NATIONAL SCENIC AREA.—The term ‘‘Na21 tional Scenic Area’’ means an area of the National 

22 Forest System federally designated as a National 

23 Scenic Area in recognition of the outstanding nat24 ural, scenic, and recreational values of the area. 


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1 (3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na2 tional Trail System’’ means an area described in sec3 tion 3 of the National Trails System Act (16 U.S.C. 

4 1242). 

5 (4) PUBLIC AUTHORITY; TOLL FACILITY.—The 

6 terms ‘‘public authority’’ and ‘‘toll facility’’ have the 

7 meanings such terms would have if such terms were 

8 included in chapter 1 of title 23, United States 

9 Code. 

10 Subtitle B—Programmatic 

11 Infrastructure Investment 

12 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

13 Section 119 of title 23, United States Code, is 

14 amended— 

15 (1) by striking subsection (b) and inserting the 

16 following: 

17 ‘‘(b) PURPOSES.—The purposes of the national high18 way performance program shall be— 

19 ‘‘(1) to provide support for the condition and 

20 performance of the National Highway System, con21 sistent with the asset management plans of States; 

22 ‘‘(2) to support progress toward the achieve23 ment of performance targets of States established 

24 under section 150; 


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1 ‘‘(3) to increase the resilience of Federal-aid 

2 highways and bridges; and 

3 ‘‘(4) to provide support for the construction of 

4 new facilities on the National Highway System, con5 sistent with subsection (d)(3).’’; 

6 (2) in subsection (d)— 

7 (A) in paragraph (1)(A) by striking ‘‘or 

8 freight movement on the National Highway 

9 System’’ and inserting ‘‘freight movement, envi10 ronmental sustainability, transportation system 

11 access, or combating climate change’’; 

12 (B) in paragraph (1)(B) by striking ‘‘and’’ 

13 at the end; 

14 (C) in paragraph (2)— 

15 (i) in subparagraph (G)— 

16 (I) in clause (i) by inserting 

17 ‘‘and’’ at the end; 

18 (II) in clause (ii) by striking ‘‘; 

19 and’’ and inserting a period; and 

20 (III) by striking clause (iii); 

21 (ii) in subparagraph (I) by inserting 

22 ‘‘, including the installation of safety bar23 riers and nets on bridges on the National 

24 Highway System’’ after ‘‘National High25 way System’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(Q) Projects on or off the National High4 way System to reduce greenhouse gas emissions 

5 that are eligible under section 171, including 

6 the installation of electric vehicle charging in7 frastructure. 

8 ‘‘(R) Projects on or off the National High9 way System to enhance resilience of a transpor10 tation facility eligible under section 124, includ11 ing protective features and natural infrastruc12 ture. 

13 ‘‘(S) Projects and strategies to reduce ve14 hicle-caused wildlife mortality related to, or to 

15 restore and maintain connectivity among terres16 trial or aquatic habitats affected by, a transpor17 tation facility eligible for assistance under this 

18 section. 

19 ‘‘(T) Projects on or off the National High20 way System to improve an evacuation route eli21 gible under section 124(b)(1)(C). 

22 ‘‘(U) The removal, retrofit, repurposing, 

23 remediation, or replacement of a highway on 

24 the National Highway System that creates a 

25 barrier to community connectivity to improve 


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1 access for multiple modes of transportation.’’; 

2 and 

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

4 ‘‘(3) a project that is otherwise eligible under 

5 this subsection to construct new capacity for single 

6 occupancy passenger vehicles only if the State— 

7 ‘‘(A) has demonstrated progress in achiev8 ing a state of good repair, as defined in the 

9 State’s asset management plan, on the National 

10 Highway System; 

11 ‘‘(B) demonstrates that the project— 

12 ‘‘(i) supports the achievement of per13 formance targets of the State established 

14 under section 150; and 

15 ‘‘(ii) is more cost effective, as deter16 mined by benefit-cost analysis, than— 

17 ‘‘(I) an operational improvement 

18 to the facility or corridor; 

19 ‘‘(II) the construction of a public 

20 transportation project eligible for as21 sistance under chapter 53 of title 49; 

22 or 

23 ‘‘(III) the construction of a non24 single occupancy passenger vehicle 


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1 project that improves freight move2 ment; and 

3 ‘‘(C) has a public plan for maintaining and 

4 operating the new asset while continuing its 

5 progress in achieving a state of good repair 

6 under subparagraph (A).’’; 

7 (3) in subsection (e)— 

8 (A) in the heading by inserting ‘‘ASSET

9 AND’’ after ‘‘STATE’’; 

10 (B) in paragraph (4)(D) by striking ‘‘anal11 ysis’’ and inserting ‘‘analyses, both of which 

12 shall take into consideration climate change ad13 aptation and resilience;’’; and 

14 (C) in paragraph (8) by striking ‘‘Not later 

15 than 18 months after the date of enactment of 

16 the MAP–21, the Secretary’’ and inserting 

17 ‘‘The Secretary’’; and 

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

19 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out 

20 subsection (d)(3)(B)(ii), the Secretary shall establish a 

21 process for analyzing the cost and benefits of projects 

22 under such subsection, ensuring that— 

23 ‘‘(1) the benefit-cost analysis includes a calcula24 tion of all the benefits addressed in the performance 

25 measures established under section 150; 


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1 ‘‘(2) the benefit-cost analysis includes a consid2 eration of the total maintenance cost of an asset 

3 over the lifecycle of the asset; and 

4 ‘‘(3) the State demonstrates that any transpor5 tation demand modeling used to calculate the ben6 efit-cost analysis has a documented record of accu7 racy.’’. 

8 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR9 TATION ASSETS. 

10 (a) PREDISASTER MITIGATION PROGRAM.— 

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

12 States Code, is amended by inserting after section 

13 123 the following: 

14 ‘‘§ 124. Predisaster mitigation program 

15 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab16 lish and implement a predisaster mitigation program to 

17 enhance the resilience of the transportation system of the 

18 United States, mitigate the impacts of covered events, and 

19 ensure the efficient use of Federal resources. 

20 ‘‘(b) ELIGIBLE ACTIVITIES.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

22 funds apportioned to the State under section 

23 104(b)(8) may be obligated for— 


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1 ‘‘(A) construction activities, including con2 struction of natural infrastructure or protective 

3 features— 

4 ‘‘(i) to increase the resilience of a sur5 face transportation infrastructure asset to 

6 withstand a covered event; 

7 ‘‘(ii) to relocate or provide a reason8 able alternative to a repeatedly damaged 

9 facility; and 

10 ‘‘(iii) for an evacuation route identi11 fied in the vulnerability assessment re12 quired under section 134(i)(2)(I)(iii) or 

13 section 135(f)(10)(C) to— 

14 ‘‘(I) improve the capacity or op15 eration of such evacuation route 

16 through communications and intel17 ligent transportation system equip18 ment and infrastructure, counterflow 

19 measures, and shoulders; and 

20 ‘‘(II) relocate such evacuation 

21 route or provide a reasonable alter22 native to such evacuation route to ad23 dress the risk of a covered event; 

24 ‘‘(B) resilience planning activities, includ25 ing activities described in sections 134(i)(2)(I) 


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1 and 135(f)(10) of this title and sections 

2 5303(i)(2)(I) and 5304(f)(10) of title 49; and 

3 ‘‘(C) the development of projects and pro4 grams that help States, territories, and regions 

5 recover from covered events that significantly 

6 disrupt the transportation system, including— 

7 ‘‘(i) predisaster training programs 

8 that help agencies and regional stake9 holders plan for and prepare multimodal 

10 recovery efforts; and 

11 ‘‘(ii) the establishment of region-wide 

12 telework training and programs. 

13 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP14 TATION.—No funds shall be obligated to a project 

15 under this section unless the project meets each of 

16 the following criteria: 

17 ‘‘(A) The project is designed to ensure re18 silience over the anticipated service life of the 

19 surface transportation infrastructure asset. 

20 ‘‘(B) The project is identified in the metro21 politan or statewide transportation improve22 ment program as a project to address resilience 

23 vulnerabilities, consistent with section 

24 134(j)(3)(E) or 135(g)(5)(B)(iii). 


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1 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State 

2 shall develop a process to prioritize projects under 

3 this section based on the degree to which the pro4 posed project would— 

5 ‘‘(A) be cost effective in the long-term; 

6 ‘‘(B) reduce the risk of disruption to a sur7 face transportation infrastructure asset consid8 ered critical to support population centers, 

9 freight movement, economic activity, evacu10 ation, recovery, national security functions, or 

11 critical infrastructure; and 

12 ‘‘(C) ease disruptions to vulnerable, at13 risk, or transit-dependant populations. 

14 ‘‘(c) GUIDANCE.—The Secretary shall provide guid15 ance to States to assist with the implementation of para16 graphs (2) and (3) of subsection (b). 

17 ‘‘(d) DEFINITIONS.—In this section: 

18 ‘‘(1) COVERED EVENT.—The term ‘covered 

19 event’ means a climate change effect (including sea 

20 level rise), flooding, and an extreme event or other 

21 natural disaster (including wildfires, seismic activity, 

22 and landslides). 

23 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC24 TURE ASSET.—The term ‘surface transportation inVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 frastructure asset’ means a facility eligible for as2 sistance under this title or chapter 53 of title 49.’’. 

3 (2) CONFORMING AMENDMENT.—The analysis 

4 for chapter 1 of title 23, United States Code, is 

5 amended by inserting after the item relating to sec6 tion 123 the following: 

‘‘124. Predisaster mitigation program.’’. 

7 (b) PROJECTS IN FLOOD-PRONE AREAS.—Section 

8 109 of title 23, United States Code, is further amended 

9 by adding at the end the following: 

10 ‘‘(t) PROJECTS IN FLOOD-PRONE AREAS.—For 

11 projects and actions that, in whole or in part, encroach 

12 within the limits of a flood-prone area, the Secretary shall 

13 ensure that such projects and actions are— 

14 ‘‘(1) designed and constructed in a way that 

15 takes into account, and mitigates where appropriate, 

16 flood risk by using hydrologic, hydraulic, and hydro17 dynamic data, methods, and analysis that integrate 

18 current and projected changes in flooding based on 

19 climate science over the anticipated service life of 

20 the asset and future forecasted land use changes; 

21 and 

22 ‘‘(2) designed using analysis that considers the 

23 capital costs, risks, and other economic, engineering, 

24 social and environmental concerns of constructing a 

25 project in a flood-prone area.’’. 


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1 (c) METROPOLITAN TRANSPORTATION PLANNING.— 

2 (1) AMENDMENTS TO TITLE 23.— 

3 (A) CLIMATE CHANGE AND RESILIENCE.— 

4 Section 134(i)(2) of title 23, United States 

5 Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

8 ‘‘(i) IN GENERAL.—The transpor9 tation planning process shall assess strate10 gies to reduce the climate change impacts 

11 of the surface transportation system and 

12 conduct a vulnerability assessment to iden13 tify opportunities to enhance the resilience 

14 of the surface transportation system and 

15 ensure the efficient use of Federal re16 sources. 

17 ‘‘(ii) CLIMATE CHANGE MITIGATION

18 AND IMPACTS.—A long-range transpor19 tation plan shall— 

20 ‘‘(I) identify investments and 

21 strategies to reduce transportation-re22 lated sources of greenhouse gas emis23 sions per capita; 

24 ‘‘(II) identify investments and 

25 strategies to manage transportation 


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1 demand and increase the rates of pub2 lic transportation ridership, walking, 

3 bicycling, and carpools; and 

4 ‘‘(III) recommend zoning and 

5 other land use policies that would sup6 port infill, transit-oriented develop7 ment, and mixed use development. 

8 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

9 A long-range transportation plan shall in10 corporate a vulnerability assessment that— 

11 ‘‘(I) includes a risk-based assess12 ment of vulnerabilities of critical 

13 transportation assets and systems to 

14 covered events (as such term is de15 fined in section 124); 

16 ‘‘(II) considers, as applicable, the 

17 risk management analysis in the 

18 State’s asset management plan devel19 oped pursuant to section 119, and the 

20 State’s evaluation of reasonable alter21 natives to repeatedly damaged facili22 ties conducted under part 667 of title 

23 23, Code of Federal Regulations; 

24 ‘‘(III) at the discretion of the 

25 metropolitan planning organization, 


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1 identifies evacuation routes, assesses 

2 the ability of any such routes to pro3 vide safe passage for evacuation, ac4 cess to health care and public health 

5 facilities, and emergency response 

6 during an emergency event, and iden7 tifies any improvements or redundant 

8 facilities necessary to adequately fa9 cilitate safe passage; 

10 ‘‘(IV) describes the metropolitan 

11 planning organization’s adaptation 

12 and resilience improvement strategies 

13 that will inform the transportation in14 vestment decisions of the metropolitan 

15 planning organization; and 

16 ‘‘(V) is consistent with and com17 plementary of the State, Tribal, and 

18 local mitigation plans required under 

19 section 322 of the Robert T. Stafford 

20 Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5165). 

22 ‘‘(iv) CONSULTATION.—The assess23 ment described in this subparagraph shall 

24 be developed in consultation with, as ap25 propriate, State, local, and Tribal officials 


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1 responsible for land use, housing, resil2 ience, hazard mitigation, and emergency 

3 management.’’. 

4 (B) RESILIENCE PROJECTS.—Section 

5 134(j)(3) of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

8 shall— 

9 ‘‘(i) identify any projects that address 

10 the vulnerabilities identified by the assess11 ment in subsection (i)(2)(I)(iii); and 

12 ‘‘(ii) describe how each project identi13 fied under clause (i) would improve the re14 silience of the transportation system.’’. 

15 (2) AMENDMENTS TO TITLE 49.— 

16 (A) CLIMATE CHANGE AND RESILIENCE.— 

17 Section 5303(i)(2) of title 49, United States 

18 Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

21 ‘‘(i) IN GENERAL.—The transpor22 tation planning process shall assess strate23 gies to reduce the climate change impacts 

24 of the surface transportation system and 

25 conduct a vulnerability assessment to idenVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 tify opportunities to enhance the resilience 

2 of the surface transportation system and 

3 ensure the efficient use of Federal re4 sources. 

5 ‘‘(ii) CLIMATE CHANGE MITIGATION

6 AND IMPACTS.—A long-range transpor7 tation plan shall— 

8 ‘‘(I) identify investments and 

9 strategies to reduce transportation-re10 lated sources of greenhouse gas emis11 sions per capita; 

12 ‘‘(II) identify investments and 

13 strategies to manage transportation 

14 demand and increase the rates of pub15 lic transportation ridership, walking, 

16 bicycling, and carpools; and 

17 ‘‘(III) recommend zoning and 

18 other land use policies that would sup19 port infill, transit-oriented develop20 ment, and mixed use development. 

21 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

22 A long-range transportation plan shall in23 corporate a vulnerability assessment that— 

24 ‘‘(I) includes a risk-based assess25 ment of vulnerabilities of critical 


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1 transportation assets and systems to 

2 covered events (as such term is de3 fined in section 124 of title 23); 

4 ‘‘(II) considers, as applicable, the 

5 risk management analysis in the 

6 State’s asset management plan devel7 oped pursuant to section 119 of title 

8 23, and the State’s evaluation of rea9 sonable alternatives to repeatedly 

10 damaged facilities conducted under 

11 part 667 of title 23, Code of Federal 

12 Regulations; 

13 ‘‘(III) at the discretion of the 

14 metropolitan planning organization, 

15 identifies evacuation routes, assesses 

16 the ability of any such routes to pro17 vide safe passage for evacuation, ac18 cess to health care and public health 

19 facilities, and emergency response 

20 during an emergency event, and iden21 tifies any improvements or redundant 

22 facilities necessary to adequately fa23 cilitate safe passage; 

24 ‘‘(IV) describes the metropolitan 

25 planning organization’s adaptation 


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1 and resilience improvement strategies 

2 that will inform the transportation in3 vestment decisions of the metropolitan 

4 planning organization; and 

5 ‘‘(V) is consistent with and com6 plementary of the State, Tribal, and 

7 local mitigation plans required under 

8 section 322 of the Robert T. Stafford 

9 Disaster Relief and Emergency Assist10 ance Act (42 U.S.C. 5165). 

11 ‘‘(iv) CONSULTATION.—The assess12 ment described in this subparagraph shall 

13 be developed in consultation, as appro14 priate, with State, local, and Tribal offi15 cials responsible for land use, housing, re16 silience, hazard mitigation, and emergency 

17 management.’’. 

18 (B) RESILIENCE PROJECTS.—Section 

19 5303(j)(3) of title 49, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

22 shall— 

23 ‘‘(i) identify any projects that address 

24 the vulnerabilities identified by the assess25 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 (d) STATEWIDE AND NONMETROPOLITAN PLAN5 NING.— 

6 (1) AMENDMENTS TO TITLE 23.— 

7 (A) CLIMATE CHANGE AND RESILIENCE.— 

8 Section 135(f) of title 23, United States Code, 

9 is amended by adding at the end the following: 

10 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 

11 ‘‘(A) IN GENERAL.—The transportation 

12 planning process shall assess strategies to re13 duce the climate change impacts of the surface 

14 transportation system and conduct a vulner15 ability assessment to identify opportunities to 

16 enhance the resilience of the surface transpor17 tation system and ensure the efficient use of 

18 Federal resources. 

19 ‘‘(B) CLIMATE CHANGE MITIGATION AND

20 IMPACTS.—A long-range transportation plan 

21 shall— 

22 ‘‘(i) identify investments and strate23 gies to reduce transportation-related 

24 sources of greenhouse gas emissions per 

25 capita; 


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1 ‘‘(ii) identify investments and strate2 gies to manage transportation demand and 

3 increase the rates of public transportation 

4 ridership, walking, bicycling, and carpools; 

5 and 

6 ‘‘(iii) recommend zoning and other 

7 land use policies that would support infill, 

8 transit-oriented development, and mixed 

9 use development. 

10 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

11 long-range transportation plan shall incorporate 

12 a vulnerability assessment that— 

13 ‘‘(i) includes a risk-based assessment 

14 of vulnerabilities of critical transportation 

15 assets and systems to covered events (as 

16 such term is defined in section 124); 

17 ‘‘(ii) considers, as applicable, the risk 

18 management analysis in the State’s asset 

19 management plan developed pursuant to 

20 section 119, and the State’s evaluation of 

21 reasonable alternatives to repeatedly dam22 aged facilities conducted under part 667 of 

23 title 23, Code of Federal Regulations; 

24 ‘‘(iii) identifies evacuation routes, as25 sesses the ability of any such routes to proVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 vide safe passage for evacuation, access to 

2 health care and public health facilities, and 

3 emergency response during an emergency 

4 event, and identifies any improvements or 

5 redundant facilities necessary to ade6 quately facilitate safe passage; 

7 ‘‘(iv) describes the States’s adaptation 

8 and resilience improvement strategies that 

9 will inform the transportation investment 

10 decisions of the State; and 

11 ‘‘(v) is consistent with and com12 plementary of the State, Tribal, and local 

13 mitigation plans required under section 

14 322 of the Robert T. Stafford Disaster Re15 lief and Emergency Assistance Act (42 

16 U.S.C. 5165). 

17 ‘‘(D) CONSULTATION.—The assessment 

18 described in this paragraph shall be developed 

19 in consultation with, as appropriate, metropoli20 tan planning organizations and State, local, and 

21 Tribal officials responsible for land use, hous22 ing, resilience, hazard mitigation, and emer23 gency management.’’. 


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1 (B) RESILIENCE PROJECTS.—Section 

2 135(g)(5)(B) of title 23, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(iii) RESILIENCE PROJECTS.—The 

5 STIP shall— 

6 ‘‘(I) identify projects that ad7 dress the vulnerabilities identified by 

8 the assessment in subsection 

9 (i)(10)(B); and 

10 ‘‘(II) describe how each project 

11 identified under subclause (I) would 

12 improve the resilience of the transpor13 tation system.’’. 

14 (2) AMENDMENTS TO TITLE 49.— 

15 (A) CLIMATE CHANGE AND RESILIENCE.— 

16 Section 5304(f) of title 49, United States Code, 

17 is amended by adding at the end the following: 

18 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 

19 ‘‘(A) IN GENERAL.—The transportation 

20 planning process shall assess strategies to re21 duce the climate change impacts of the surface 

22 transportation system and conduct a vulner23 ability assessment to identify opportunities to 

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1 tation system and ensure the efficient use of 

2 Federal resources. 

3 ‘‘(B) CLIMATE CHANGE MITIGATION AND

4 IMPACTS.—A long-range transportation plan 

5 shall— 

6 ‘‘(i) identify investments and strate7 gies to reduce transportation-related 

8 sources of greenhouse gas emissions per 

9 capita; 

10 ‘‘(ii) identify investments and strate11 gies to manage transportation demand and 

12 increase the rates of public transportation 

13 ridership, walking, bicycling, and carpools; 

14 and 

15 ‘‘(iii) recommend zoning and other 

16 land use policies that would support infill, 

17 transit-oriented development, and mixed 

18 use development. 

19 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

20 long-range transportation plan shall incorporate 

21 a vulnerability assessment that— 

22 ‘‘(i) includes a risk-based assessment 

23 of vulnerabilities of critical transportation 

24 assets and systems to covered events (as 


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1 such term is defined in section 124 of title 

2 23); 

3 ‘‘(ii) considers, as applicable, the risk 

4 management analysis in the State’s asset 

5 management plan developed pursuant to 

6 section 119 of title 23, and the State’s 

7 evaluation of reasonable alternatives to re8 peatedly damaged facilities conducted 

9 under part 667 of title 23, Code of Federal 

10 Regulations; 

11 ‘‘(iii) identifies evacuation routes, as12 sesses the ability of any such routes to pro13 vide safe passage for evacuation, access to 

14 health care and public health facilities, and 

15 emergency response during an emergency 

16 event, and identifies any improvements or 

17 redundant facilities necessary to ade18 quately facilitate safe passage; 

19 ‘‘(iv) describes the State’s adaptation 

20 and resilience improvement strategies that 

21 will inform the transportation investment 

22 decisions of the State; and 

23 ‘‘(v) is consistent with and com24 plementary of the State, Tribal, and local 

25 mitigation plans required under section 


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1 322 of the Robert T. Stafford Disaster Re2 lief and Emergency Assistance Act (42 

3 U.S.C. 5165). 

4 ‘‘(D) CONSULTATION.—The assessment 

5 described in this paragraph shall be developed 

6 in consultation with, as appropriate, metropoli7 tan planning organizations and State, local, and 

8 Tribal officials responsible for land use, hous9 ing, resilience, hazard mitigation, and emer10 gency management.’’. 

11 (B) RESILIENCE PROJECTS.—Section 

12 5304(g)(5)(B) of title 49, United States Code, 

13 is amended by adding at the end the following: 

14 ‘‘(iii) RESILIENCE PROJECTS.—The 

15 STIP shall— 

16 ‘‘(I) identify projects that ad17 dress the vulnerabilities identified by 

18 the assessment in subsection 

19 (i)(10)(B); and 

20 ‘‘(II) describe how each project 

21 identified under subclause (I) would 

22 improve the resilience of the transpor23 tation system.’’. 


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1 SEC. 1203. EMERGENCY RELIEF. 

2 (a) IN GENERAL.—Section 125 of title 23, United 

3 States Code, is amended— 

4 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 

5 after ‘‘severe storm,’’; 

6 (2) by striking subsection (b); 

7 (3) in subsection (c)(2)(A) by striking ‘‘in any 

8 1 fiscal year commencing after September 30, 

9 1980,’’ and inserting ‘‘in any fiscal year’’; 

10 (4) in subsection (d)— 

11 (A) in paragraph (3)(C) by striking ‘‘(as 

12 defined in subsection (e)(1))’’; 

13 (B) by redesignating paragraph (3) as 

14 paragraph (4); and 

15 (C) by striking paragraphs (1) and (2) and 

16 inserting the following: 

17 ‘‘(1) IN GENERAL.—The Secretary may expend 

18 funds from the emergency fund authorized by this 

19 section only for the repair or reconstruction of high20 ways on Federal-aid highways in accordance with 

21 this chapter. 

22 ‘‘(2) RESTRICTIONS.— 

23 ‘‘(A) IN GENERAL.—No funds shall be ex24 pended from the emergency fund authorized by 

25 this section unless— 


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1 ‘‘(i) an emergency has been declared 

2 by the Governor of the State with concur3 rence by the Secretary, unless the Presi4 dent has declared the emergency to be a 

5 major disaster for the purposes of the Rob6 ert T. Stafford Disaster Relief and Emer7 gency Assistance Act (42 U.S.C. 5121 et 

8 seq.) for which concurrence of the Sec9 retary is not required; and 

10 ‘‘(ii) the Secretary has received an ap11 plication from the State transportation de12 partment that includes a comprehensive 

13 list of all eligible project sites and repair 

14 costs by not later than 2 years after the 

15 natural disaster or catastrophic failure. 

16 ‘‘(B) COST LIMITATION.—The total cost of 

17 a project funded under this section may not ex18 ceed the cost of repair or reconstruction of a 

19 comparable facility unless the Secretary deter20 mines that the project incorporates economi21 cally justified betterments, including protective 

22 features to increase the resilience of the facility. 

23 ‘‘(C) REPEATEDLY DAMAGED FACILI24 TIES.—An application submitted under this sec25 tion for the permanent repair or reconstruction 


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1 of a repeatedly damaged facility shall include 

2 consideration and, if feasible, incorporation of 

3 economically justifiable betterments, including 

4 protective features, to increase the resilience of 

5 such facility. 

6 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 

7 In no case shall funds be used under this section for 

8 the repair or reconstruction of a bridge— 

9 ‘‘(A) that has been permanently closed to 

10 all vehicular traffic by the State or responsible 

11 local official because of imminent danger of col12 lapse due to a structural deficiency or physical 

13 deterioration; or 

14 ‘‘(B) if a construction phase of a replace15 ment structure is included in the approved 

16 statewide transportation improvement program 

17 at the time of an event described in subsection 

18 (a).’’; 

19 (5) in subsection (e)— 

20 (A) by striking paragraph (1); 

21 (B) in paragraph (2) by striking ‘‘sub22 section (d)(1)’’ and inserting ‘‘subsection 

23 (c)(1)’’; and 


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1 (C) by redesignating paragraphs (2) and 

2 (3), as amended, as paragraphs (1) and (2), re3 spectively; 

4 (6) by redesignating subsections (c) through 

5 (g), as amended, as subsections (b) through (f), re6 spectively; and 

7 (7) by adding at the end the following: 

8 ‘‘(g) IMPOSITION OF DEADLINE.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of law, the Secretary may not require any 

11 project funded under this section to advance to the 

12 construction obligation stage before the date that is 

13 the last day of the sixth fiscal year after the later 

14 of— 

15 ‘‘(A) the date on which the Governor de16 clared the emergency, as described in subsection 

17 (c)(2)(A)(i); or 

18 ‘‘(B) the date on which the President de19 clared the emergency to be a major disaster, as 

20 described in such subsection. 

21 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec22 retary imposes a deadline for advancement to the 

23 construction obligation stage pursuant to paragraph 

24 (1), the Secretary may, upon the request of the Gov25 ernor of the State, issue an extension of not more 


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1 than 1 year to complete such advancement, and may 

2 issue additional extensions after the expiration of 

3 any extension, if the Secretary determines the Gov4 ernor of the State has provided suitable justification 

5 to warrant such an extension. 

6 ‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall estab8 lish a hazard mitigation pilot program for the pur9 pose of mitigating future hazards posed to Federal10 aid highways, Federal lands transportation facilities, 

11 and Tribal transportation facilities. 

12 ‘‘(2) ALLOCATION OF FUNDS.— 

13 ‘‘(A) AUTHORIZATION OF APPROPRIA14 TIONS.—There is authorized to be appropriated 

15 such sums as may be necessary for the pilot 

16 program established under this subsection. 

17 ‘‘(B) CALCULATION.—Annually, the Sec18 retary shall calculate the total amount of out19 standing eligible repair costs under the emer20 gency relief program under this section, includ21 ing the emergency relief backlog, for each 

22 State, territory, and Indian Tribe. 

23 ‘‘(C) ALLOCATION.—Any amounts made 

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1 uted to each State, territory, or Indian Tribe 

2 based on— 

3 ‘‘(i) the ratio that the total amount of 

4 outstanding eligible repair costs for such 

5 State, territory, or Indian Tribe, as de6 scribed under subparagraph (B); bears to 

7 ‘‘(ii) the total amount of outstanding 

8 eligible repair costs for all States, terri9 tories, and Indian Tribes, as described 

10 under subparagraph (B). 

11 ‘‘(D) LIMITATION.—The allocation to a 

12 State, territory, or Indian Tribe described 

13 under subparagraph (C) shall not exceed 5 per14 cent of the total amount of outstanding eligible 

15 repair costs under the emergency relief program 

16 for such State, territory, or Indian Tribe, as de17 scribed in subparagraph (B). 

18 ‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made 

19 available under this subsection shall be used for pro20 tective features or other hazard mitigation activities 

21 that— 

22 ‘‘(A) the Secretary determines are cost ef23 fective and that reduce the risk of, or increase 

24 the resilience to, future damage to existing as25 sets as a result of natural disasters; and 


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1 ‘‘(B) are eligible under section 124. 

2 ‘‘(4) REPORT.—For each fiscal year in which 

3 funding is made available for the program under this 

4 subsection, the Secretary shall submit to the Com5 mittee on Transportation and Infrastructure of the 

6 House of Representatives and the Committee on En7 vironment and Public Works of the Senate a report 

8 detailing— 

9 ‘‘(A) a description of the activities carried 

10 out under the pilot program; 

11 ‘‘(B) an evaluation of the effectiveness of 

12 the pilot program in meeting purposes described 

13 in paragraph (1); and 

14 ‘‘(C) policy recommendations to improve 

15 the effectiveness of the pilot program. 

16 ‘‘(5) SUNSET.—The authority provided under 

17 this subsection shall terminate on October 1, 2025. 

18 ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO19 GRAM.—Not later than 1 year after the date of enactment 

20 of the INVEST in America Act, the Secretary shall— 

21 ‘‘(1) revise the emergency relief manual of the 

22 Federal Highway Administration— 

23 ‘‘(A) to include and reflect the definition of 

24 the term ‘resilience’ (as defined in section 

25 101(a)); 


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1 ‘‘(B) to identify procedures that States 

2 may use to incorporate resilience into emer3 gency relief projects; and 

4 ‘‘(C) to consider economically justified bet5 terments in emergency relief projects, such as— 

6 ‘‘(i) protective features that increase 

7 the resilience of the facility; and 

8 ‘‘(ii) incorporation of context sensitive 

9 design principles and other planned better10 ments that improve the safety of the facil11 ity; 

12 ‘‘(2) consider transportation system access for 

13 moderate and low-income families impacted by a 

14 major disaster or emergency declared by the Presi15 dent under section 401 of the Robert T. Stafford 

16 Disaster Relief and Emergency Assistance Act (42 

17 U.S.C. 5170); 

18 ‘‘(3) develop best practices for improving the 

19 use of resilience in— 

20 ‘‘(A) the emergency relief program under 

21 this section; and 

22 ‘‘(B) emergency relief efforts; 

23 ‘‘(4) provide to division offices of the Federal 

24 Highway Administration and State departments of 


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1 transportation information on the best practices de2 veloped under paragraph (2); and 

3 ‘‘(5) develop and implement a process to 

4 track— 

5 ‘‘(A) the consideration of resilience as part 

6 of the emergency relief program under this sec7 tion; and 

8 ‘‘(B) the costs of emergency relief projects. 

9 ‘‘(j) DEFINITIONS.—In this section: 

10 ‘‘(1) COMPARABLE FACILITY.—The term ‘com11 parable facility’ means a facility that meets the cur12 rent geometric and construction standards required 

13 for the types and volume of traffic that the facility 

14 will carry over its design life. 

15 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con16 struction phase’ means the phase of physical con17 struction of a highway or bridge facility that is sepa18 rate from any other identified phases, such as plan19 ning, design, or right-of-way phases, in the State 

20 transportation improvement program. 

21 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term 

22 ‘open to public travel’ means with respect to a road, 

23 that, except during scheduled periods, extreme 

24 weather conditions, or emergencies, the road— 

25 ‘‘(A) is maintained; 


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1 ‘‘(B) is open to the general public; and 

2 ‘‘(C) can accommodate travel by a stand3 ard passenger vehicle, without restrictive gates 

4 or prohibitive signs or regulations, other than 

5 for general traffic control or restrictions based 

6 on size, weight, or class of registration. 

7 ‘‘(4) STANDARD PASSENGER VEHICLE.—The 

8 term ‘standard passenger vehicle’ means a vehicle 

9 with 6 inches of clearance from the lowest point of 

10 the frame, body, suspension, or differential to the 

11 ground.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) FEDERAL LANDS AND TRIBAL TRANSPOR14 TATION PROGRAMS.—Section 201(c)(8)(A) of title 

15 23, United States Code, is amended by striking 

16 ‘‘section 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 

22 of 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 

6 and subsection (b) of this section, the entire’’ 

7 and inserting ‘‘IN GENERAL.—The’’; 

8 (B) by striking ‘‘then the entire’’ and in9 serting ‘‘the’’; and 

10 (C) by striking ‘‘, subject to section 120 

11 and 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 

16 projects for the elimination of hazards at railway 

17 crossings represents a benefit to the railroad. The 

18 Secretary shall classify the various types of projects 

19 involved in the elimination of hazards of railway20 highway crossings, and shall set for each such classi21 fication a percentage of the total project cost that 

22 represent the benefit to the railroad or railroads for 

23 the purpose of determining the railroad’s share of 

24 the total project cost. The Secretary shall determine 

25 the appropriate classification 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 

4 (1) may be attributable to noncash contribu5 tions of materials and labor furnished by the 

6 railroad in connection with the construction of 

7 such project. 

8 ‘‘(B) REQUIREMENT.—The requirements 

9 under section 200.306 and 200.403(g) of title 

10 2, Code of Federal Regulations (or successor 

11 regulations), shall apply to any noncash con12 tributions under this subsection. 

13 ‘‘(3) TOTAL PROJECT COST.—For the purposes 

14 of this subsection, the determination of the rail15 road’s share of the total project cost shall include 

16 environment, design, right-of-way, utility accommo17 dation, and construction phases of the project.’’; 

18 (4) in subsection (c)— 

19 (A) by striking ‘‘Any railroad involved’’ 

20 and inserting ‘‘BENEFIT.—Any railroad in21 volved’’; 

22 (B) by striking ‘‘the net benefit’’ and in23 serting ‘‘the cost associated with the benefit’’; 

24 and 


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1 (C) by striking ‘‘Such payment may con2 sist in whole or in part of materials and labor 

3 furnished by the railroad in connection with the 

4 construction of such project.’’; 

5 (5) by striking subsection (e) and inserting the 

6 following: 

7 ‘‘(e) RAILWAY CROSSINGS.— 

8 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds appor9 tioned to a State under section 104(b)(7) may be ob10 ligated for the following: 

11 ‘‘(A) The elimination of hazards at rail12 way-highway crossings, including technology or 

13 protective upgrades. 

14 ‘‘(B) Construction or installation of protec15 tive devices (including replacement of function16 ally obsolete protective devices) at railway-high17 way crossings. 

18 ‘‘(C) Infrastructure and noninfrastructure 

19 projects and strategies to prevent or reduce sui20 cide or trespasser fatalities and injuries along 

21 railroad rights-of-way and at or near railway22 highway crossings. 

23 ‘‘(D) Projects to mitigate any degradation 

24 in the level of access from a highway-grade 

25 crossing 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 

9 if such amounts were made available to 

10 carry out such section; and 

11 ‘‘(ii) may be used to pay up to 90 per12 cent of the non-Federal share of the cost 

13 of a project carried out under such section. 

14 ‘‘(2) SPECIAL RULE.—If a State demonstrates 

15 to the satisfaction of the Secretary that the State 

16 has met all its needs for installation of protective de17 vices at railway-highway crossings, the State may 

18 use funds made available by this section for other 

19 highway safety improvement program purposes.’’; 

20 (6) by striking subsection (f) and inserting the 

21 following: 

22 ‘‘(f) FEDERAL SHARE.—Notwithstanding section 

23 120, the Federal share payable on account of any project 

24 financed 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 re9 port on the progress being made to implement 

10 the railway crossings program authorized by 

11 this section and the effectiveness of projects to 

12 improve railway crossing safety. 

13 ‘‘(B) CONTENTS.—Each State report 

14 under subparagraph (A) shall contain an as15 sessment of the costs of the various treatments 

16 employed and subsequent accident experience at 

17 improved locations. 

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 

23 of Transportation a report on the progress 

24 being made by the State in implementing 

25 projects to improve railway crossings. 


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1 ‘‘(B) CONTENTS.—The report under sub2 paragraph (A) shall include— 

3 ‘‘(i) the number of projects under4 taken; 

5 ‘‘(ii) distribution of such projects by 

6 cost range, road system, nature of treat7 ment, and subsequent accident experience 

8 at improved locations; 

9 ‘‘(iii) an analysis and evaluation of 

10 each State program; 

11 ‘‘(iv) the identification of any State 

12 found not to be in compliance with the 

13 schedule of improvements required by sub14 section (d); and 

15 ‘‘(v) recommendations for future im16 plementation of the railway crossings pro17 gram.’’; 

18 (8) in subsection (j)— 

19 (A) in the heading by inserting ‘‘AND PE20 DESTRIAN’’ after ‘‘BICYCLE’’; and 

21 (B) by inserting ‘‘and pedestrian’’ after 

22 ‘‘bicycle’’; and 

23 (9) in subsection (l)— 

24 (A) in paragraph (1) by striking ‘‘Not 

25 later than’’ and all that follows through ‘‘each 


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1 State’’ and inserting ‘‘Not later than 6 months 

2 after a new railway crossing becomes oper3 ational, each State’’; and 

4 (B) in paragraph (2) by striking ‘‘On a 

5 periodic’’ and all that follows through ‘‘every 

6 year thereafter’’ and inserting ‘‘On or before 

7 September 30 of each year’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chap9 ter 1 of title 23, United States Code, is amended by 

10 amending the item relating to section 130 to read as fol11 lows: 

‘‘130. Railway crossings.’’. 

12 (c) GAO STUDY.—Not later than 2 years after the 

13 date of enactment of this Act, the Comptroller General 

14 of the United States shall submit to Congress a report 

15 that includes an analysis of the effectiveness of the railway 

16 crossing program under section 130 of title 23, United 

17 States Code. 

18 (d) SENSE OF CONGRESS RELATING TO TRESPASSER

19 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 

20 sense of Congress that the Department of Transportation 

21 should, where feasible, coordinate departmental efforts to 

22 prevent or reduce trespasser deaths along railroad rights23 of-way and at or near railway-highway crossings. 


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1 SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 

2 (a) IN GENERAL.—Section 133 of title 23, United 

3 States Code, is amended— 

4 (1) in the heading by striking ‘‘block grant’’; 

5 (2) in subsection (a) by striking ‘‘block grant’’; 

6 (3) in subsection (b)— 

7 (A) by striking ‘‘block grant’’; 

8 (B) in paragraph (4) by striking ‘‘railway9 highway grade crossings’’ and inserting 

10 ‘‘projects eligible under section 130 and instal11 lation of safety barriers and nets on bridges’’; 

12 (C) in paragraph (6)— 

13 (i) by striking ‘‘Recreational’’ and in14 serting ‘‘Transportation alternatives 

15 projects eligible under subsection (h), rec16 reational’’; and 

17 (ii) by striking ‘‘1404 of SAFETEA– 

18 LU (23 U.S.C. 402 note)’’ and inserting 

19 ‘‘211’’; 

20 (D) in paragraph (12) by striking ‘‘travel’’ 

21 and inserting ‘‘transportation’’; and 

22 (E) by adding at the end the following: 

23 ‘‘(16) Protective features (including natural in24 frastructure and vegetation control and clearance) to 

25 enhance the resilience of a transportation facility 

26 otherwise eligible for assistance under this section. 


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1 ‘‘(17) Projects to reduce greenhouse gas emis2 sions eligible under section 171, including the instal3 lation of electric vehicle charging infrastructure. 

4 ‘‘(18) Projects and strategies to reduce vehicle5 caused wildlife mortality related to, or to restore and 

6 maintain connectivity among terrestrial or aquatic 

7 habitats affected by, a transportation facility other8 wise eligible for assistance under this section. 

9 ‘‘(19) A surface transportation project carried 

10 out in accordance with the national travel and tour11 ism infrastructure strategic plan under section 

12 1431(e) of the FAST Act (49 U.S.C. 301 note). 

13 ‘‘(20) roads in rural areas that primarily serve 

14 to transport agricultural products from a farm or 

15 ranch to a marketplace. 

16 ‘‘(21) The removal, retrofit, repurposing, reme17 diation, or replacement of a highway or other trans18 portation facility that creates a barrier to commu19 nity connectivity to improve access for multiple 

20 modes of transportation.’’; 

21 (4) in subsection (c)— 

22 (A) by striking ‘‘block grant’’ and inserting 

23 ‘‘program’’; 

24 (B) by striking paragraph (3) and insert25 ing the following: 


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1 ‘‘(3) for a project described in— 

2 ‘‘(A) subsection (h); or 

3 ‘‘(B) section 101(a)(29), as in effect on 

4 the day before the date of enactment of the 

5 FAST Act;’’; 

6 (C) by redesignating paragraph (4) as 

7 paragraph (5); and 

8 (D) by inserting after paragraph (3) the 

9 following: 

10 ‘‘(4) for a project described in section 5308 of 

11 title 49; and’’; 

12 (5) in subsection (d)— 

13 (A) in paragraph (1)— 

14 (i) by inserting ‘‘each fiscal year’’ 

15 after ‘‘apportioned to a State’’; 

16 (ii) by striking ‘‘the reservation of’’ 

17 and inserting ‘‘setting aside’’; and 

18 (iii) in subparagraph (A)— 

19 (I) by striking ‘‘the percentage 

20 specified in paragraph (6) for a fiscal 

21 year’’ and inserting ‘‘57 percent for 

22 fiscal year 2023, 58 percent for fiscal 

23 year 2024, 59 percent for fiscal year 

24 2025, and 60 percent for fiscal year 

25 2026’’; 


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1 (II) in clause (i) by striking ‘‘of 

2 over’’ and inserting ‘‘greater than’’; 

3 and 

4 (III) by striking clauses (ii) and 

5 (iii) and inserting the following: 

6 ‘‘(ii) in urbanized areas of the State 

7 with an urbanized area population greater 

8 than 49,999 and less than 200,001; 

9 ‘‘(iii) in urban areas of the State with 

10 a population greater than 4,999 and less 

11 than 50,000; and 

12 ‘‘(iv) in other areas of the State with 

13 a population less than 5,000; and’’; 

14 (B) by striking paragraph (3) and insert15 ing the following: 

16 ‘‘(3) LOCAL COORDINATION AND CONSULTA17 TION.— 

18 ‘‘(A) COORDINATION WITH METROPOLITAN

19 PLANNING ORGANIZATIONS.—For purposes of 

20 paragraph (1)(A)(ii), a State shall— 

21 ‘‘(i) establish a process to coordinate 

22 with all metropolitan planning organiza23 tions in the State that represent an urban24 ized area described in such paragraph; and 


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1 ‘‘(ii) describe how funds described 

2 under paragraph (1)(A)(ii) will be allo3 cated equitably among such urbanized 

4 areas during the period of fiscal years 

5 2023 through 2026. 

6 ‘‘(B) JOINT RESPONSIBILITY.—Each State 

7 and the Secretary shall jointly ensure compli8 ance with subparagraph (A). 

9 ‘‘(C) CONSULTATION WITH REGIONAL

10 TRANSPORTATION PLANNING ORGANIZA11 TIONS.—For purposes of clauses (iii) and (iv) 

12 of paragraph (1)(A), before obligating funding 

13 attributed to an area with a population less 

14 than 50,000, a State shall consult with the re15 gional transportation planning organizations 

16 that represent the area, if any.’’; 

17 (C) in the heading for paragraph (4) by 

18 striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT19 ER THAN 200,000’’; 

20 (D) by striking paragraph (6) and insert21 ing the following: 

22 ‘‘(6) TECHNICAL ASSISTANCE.— 

23 ‘‘(A) IN GENERAL.—The State and all 

24 metropolitan planning organizations in the 

25 State that represent an urbanized area with a 


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1 population of greater than 200,000 may jointly 

2 establish a program to improve the ability of 

3 applicants to deliver projects under this sub4 section in an efficient and expeditious manner 

5 and reduce the period of time between the selec6 tion of the project and the obligation of funds 

7 for the project by providing— 

8 ‘‘(i) technical assistance and training 

9 to applicants for projects under this sub10 section; and 

11 ‘‘(ii) funding for one or more full-time 

12 State, regional, or local government em13 ployee positions to administer this sub14 section. 

15 ‘‘(B) ELIGIBLE FUNDS.—To carry out this 

16 paragraph, a State or metropolitan planning or17 ganization may use funds made available under 

18 paragraphs (2) or (6) of section 104(b) 

19 ‘‘(C) USE OF FUNDS.—Amounts used 

20 under this paragraph may be expended— 

21 ‘‘(i) directly by the State or metropoli22 tan planning organization; or 

23 ‘‘(ii) through contracts with State 

24 agencies, private entities, or nonprofit or25 ganizations.’’; 


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1 (6) in subsection (e)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘over 200,000’’ and in4 serting ‘‘greater than 200,000’’; and 

5 (ii) by striking ‘‘2016 through 2020’’ 

6 and inserting ‘‘2023 through 2026’’; and 

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

8 ‘‘(3) ANNUAL AMOUNTS.—To the extent prac9 ticable, each State shall annually notify each af10 fected metropolitan planning organization as to the 

11 amount of obligation authority that will be made 

12 available under paragraph (1) to each affected met13 ropolitan planning organization for the fiscal year.’’; 

14 (7) by striking subsection (f) and inserting the 

15 following: 

16 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 

17 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 

18 this subsection, the term ‘off-system bridge’ means 

19 a bridge located on a public road, other than a 

20 bridge on a Federal-aid highway. 

21 ‘‘(2) SPECIAL RULE.— 

22 ‘‘(A) SET ASIDE.—Of the amounts appor23 tioned to a State for each fiscal year under this 

24 section other than the amounts described in 

25 subparagraph (C), the State shall obligate for 


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1 activities described in subsection (b)(2) (as in 

2 effect on the day before the date of enactment 

3 of the FAST Act) for off-system bridges an 

4 amount that is not less than 20 percent of the 

5 amounts available to such State under this sec6 tion in fiscal year 2020, not including the 

7 amounts described in subparagraph (C). 

8 ‘‘(B) REDUCTION OF EXPENDITURES.— 

9 The Secretary, after consultation with State 

10 and local officials, may reduce the requirement 

11 for expenditures for off-system bridges under 

12 subparagraph (A) with respect to the State if 

13 the Secretary determines that the State has in14 adequate needs to justify the expenditure. 

15 ‘‘(C) LIMITATIONS.—The following 

16 amounts shall not be used for the purposes of 

17 meeting the requirements of subparagraph (A): 

18 ‘‘(i) Amounts described in section 

19 133(d)(1)(A). 

20 ‘‘(ii) Amounts set aside under section 

21 133(h). 

22 ‘‘(iii) Amounts described in section 

23 505(a). 

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1 sion of law, with respect to any project not on a 

2 Federal-aid highway for the replacement of a bridge 

3 or rehabilitation of a bridge that is wholly funded 

4 from State and local sources, is eligible for Federal 

5 funds under this section, is certified by the State to 

6 have been carried out in accordance with all stand7 ards applicable to such projects under this section, 

8 and is determined by the Secretary upon completion 

9 to be no longer a deficient bridge— 

10 ‘‘(A) any amount expended after the date 

11 of enactment of this subsection from State and 

12 local sources for the project in excess of 20 per13 cent of the cost of construction of the project 

14 may be credited to the non-Federal share of the 

15 cost of other bridge projects in the State that 

16 are eligible for Federal funds under this sec17 tion; and 

18 ‘‘(B) that crediting shall be conducted in 

19 accordance with procedures established by the 

20 Secretary.’’; and 

21 (8) in subsection (g)— 

22 (A) in the heading by striking ‘‘5,000’’ and 

23 inserting ‘‘50,000’’; and 

24 (B) in paragraph (1) by striking ‘‘sub25 section (d)(1)(A)(ii)’’ and all that follows 


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1 through the period at the end and inserting 

2 ‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 

3 for each fiscal year may be obligated on roads 

4 functionally classified as rural minor collectors 

5 or local roads or on critical rural freight cor6 ridors designated under section 167(e).’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 1 of title 23, United States Code, is amended by strik9 ing the item relating to section 133 and inserting the fol10 lowing: 

‘‘133. Surface transportation program.’’. 

11 (c) CONFORMING AMENDMENTS.— 

12 (1) ADVANCE ACQUISITION OF REAL PROP13 ERTY.—Section 108(c) of title 23, United States 

14 Code, is amended— 

15 (A) in paragraph (2)(A) by striking ‘‘block 

16 grant’’; and 

17 (B) in paragraph (3) by striking ‘‘block 

18 grant’’. 

19 (2) PUBLIC TRANSPORTATION.—Section 

20 142(e)(2) of title 23, United States Code, is amend21 ed by striking ‘‘block grant’’. 

22 (3) HIGHWAY USE TAX EVASION PROJECTS.— 

23 Section 143(b)(8) of title 23, United States Code, is 

24 amended in the heading by striking ‘‘BLOCK

25 GRANT’’. 


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1 (4) CONGESTION MITIGATION AND AIR QUALITY

2 IMPROVEMENT PROGRAM.—Section 149(d) of title 

3 23, United States Code, is amended— 

4 (A) in paragraph (1)(B) by striking ‘‘block 

5 grant’’; and 

6 (B) in paragraph (2)(A) by striking ‘‘block 

7 grant’’. 

8 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

9 PROGRAM.—Section 165 of title 23, United States 

10 Code, is amended— 

11 (A) in subsection (b)(2)(A)(ii) by striking 

12 ‘‘block grant’’ each time such term appears; 

13 and 

14 (B) in subsection (c)(6)(A)(i) by striking 

15 ‘‘block grant’’. 

16 (6) MAGNETIC LEVITATION TRANSPORTATION

17 TECHNOLOGY DEPLOYMENT PROGRAM.—Section 

18 322(h)(3) of title 23, United States Code, is amend19 ed by striking ‘‘block grant’’. 

20 (7) TRAINING AND EDUCATION.—Section 

21 504(a)(4) of title 23, United States Code, is amend22 ed by striking ‘‘block grant’’. 

23 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 

24 Section 133(h) of title 23, United States Code, is 

25 amended to read as follows: 


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1 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM

2 SET-ASIDE.— 

3 ‘‘(1) SET ASIDE.—For each fiscal year, of the 

4 total funds apportioned to all States under section 

5 104(b)(2) for a fiscal year, the Secretary shall set 

6 aside an amount such that— 

7 ‘‘(A) the Secretary sets aside a total 

8 amount under this subsection for a fiscal year 

9 equal to 10 percent of such total funds; and 

10 ‘‘(B) the State’s share of the amount set 

11 aside under subparagraph (A) is determined by 

12 multiplying the amount set aside under sub13 paragraph (A) by the ratio that— 

14 ‘‘(i) the amount apportioned to the 

15 State for the transportation enhancement 

16 program for fiscal year 2009 under section 

17 133(d)(2), as in effect on the day before 

18 the date of enactment of MAP–21; bears 

19 to 

20 ‘‘(ii) the total amount of funds appor21 tioned to all States for the transportation 

22 enhancements program for fiscal year 

23 2009. 

24 ‘‘(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 sub5 sections (d) and (e), except that, for purposes 

6 of this paragraph (after funds are made avail7 able under paragraph (5))— 

8 ‘‘(i) for each fiscal year, the percent9 age referred to in paragraph (1)(A) of sub10 section (d) shall be deemed to be 66 per11 cent; 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 

17 set aside under paragraph (1) to the enti18 ties described in subclause (I) if the State 

19 submits to the Secretary, and the Sec20 retary approves, a plan that describes— 

21 ‘‘(I) how such funds shall be 

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1 ties, or other regional transportation 

2 authorities; 

3 ‘‘(II) how the entities described 

4 in subclause (I) shall select projects 

5 for funding and how such entities 

6 shall report selected projects to the 

7 State; 

8 ‘‘(III) the legal, financial, and 

9 technical capacity of such entities; and 

10 ‘‘(IV) the procedures in place to 

11 ensure such entities comply with the 

12 requirements of this title. 

13 ‘‘(ii) REQUIREMENT.—A State that 

14 makes funding available under a plan ap15 proved under this subparagraph shall make 

16 available an equivalent amount of obliga17 tion authority to an entity described in 

18 clause (i)(I) to whom funds are made 

19 available under this subparagraph. 

20 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 

21 under this subsection may be obligated for any of 

22 the following projects or activities: 

23 ‘‘(A) Construction, planning, and design of 

24 on-road and off-road trail facilities for pedes25 trians, bicyclists, and other nonmotorized forms 


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1 of transportation, including sidewalks, bicycle 

2 infrastructure, pedestrian and bicycle signals, 

3 traffic calming techniques, lighting and other 

4 safety-related infrastructure, and transportation 

5 projects to achieve compliance with the Ameri6 cans with Disabilities Act of 1990 (42 U.S.C. 

7 12101 et seq.). 

8 ‘‘(B) Construction, planning, and design of 

9 infrastructure-related projects and systems that 

10 will provide safe routes for nondrivers, includ11 ing children, older adults, and individuals with 

12 disabilities to access daily needs. 

13 ‘‘(C) Conversion and use of abandoned 

14 railroad corridors for trails for pedestrians, 

15 bicyclists, or other nonmotorized transportation 

16 users. 

17 ‘‘(D) Construction of turnouts, overlooks, 

18 and viewing areas. 

19 ‘‘(E) Community improvement activities, 

20 including— 

21 ‘‘(i) inventory, control, or removal of 

22 outdoor advertising; 

23 ‘‘(ii) historic preservation and reha24 bilitation of historic transportation facili25 ties; 


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1 ‘‘(iii) vegetation management prac2 tices in transportation rights-of-way to im3 prove roadway safety, prevent against 

4 invasive species, facilitate wildfire control, 

5 and provide 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 

13 pollution prevention or abatement related to 

14 highway construction or due to highway runoff, 

15 including activities described in sections 328(a) 

16 and 329. 

17 ‘‘(G) Projects and strategies to reduce ve18 hicle-caused wildlife mortality related to, or to 

19 restore 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 

24 under 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 

9 the date of enactment of the FAST Act (Public 

10 Law 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 

19 of this subsection. A metropolitan planning or20 ganization for an area described in subsection 

21 (d)(1)(A)(i) shall select projects under such 

22 process in consultation with the relevant State. 

23 ‘‘(B) PRIORITY.—The processes described 

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1 cation and impact in low-income, transit-de2 pendent, 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 

17 a 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 en6 tity listed in clauses (i) through (ix). 

7 ‘‘(5) CONTINUATION OF CERTAIN REC8 REATIONAL 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 

21 the administration of such program; and 

22 ‘‘(iii) comply with the provisions of 

23 the 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 no6 tifies 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 

15 with paragraph (2)(A), to improve the ability of 

16 applicants to access funding for projects under 

17 this subsection in an efficient and expeditious 

18 manner 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 

5 under 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 

12 shall take such action as may be necessary, 

13 consistent with Federal requirements, to 

14 facilitate efficient and timely delivery of 

15 projects under this subsection that are 

16 small, low impact, and constructed within 

17 an existing built environment. 

18 ‘‘(ii) CONSIDERATIONS.—The Sec19 retary shall consider the use of pro20 grammatic agreements, expedited or alter21 native procurement processes (including 

22 project bundling), and other effective prac23 tices to facilitate the goals of this para24 graph. 

25 ‘‘(7) FEDERAL SHARE.— 


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1 ‘‘(A) FLEXIBLE MATCH.— 

2 ‘‘(i) IN GENERAL.—Notwithstanding 

3 section 120— 

4 ‘‘(I) the non-Federal share for a 

5 project under this subsection may be 

6 calculated on a project, multiple7 project, or program basis; and 

8 ‘‘(II) the Federal share of the 

9 cost of an individual project in this 

10 subsection may be up to 100 percent. 

11 ‘‘(ii) AGGREGATE NON-FEDERAL

12 SHARE.—The average annual non-Federal 

13 share of the total cost of all projects for 

14 which funds are obligated under this sub15 section in a State for a fiscal year shall be 

16 not less than the non-Federal share au17 thorized for the State under section 120. 

18 ‘‘(iii) REQUIREMENT.—This subpara19 graph shall only apply to a State if such 

20 State has adequate financial controls, as 

21 certified by the Secretary, to account for 

22 the average annual non-Federal share 

23 under this subparagraph. 

24 ‘‘(B) SAFETY PROJECTS.—Notwith25 standing section 120, funds made available to 


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1 carry out section 148 may be credited toward 

2 the non-Federal share of the costs of a project 

3 under this subsection if the project— 

4 ‘‘(i) is a project described in section 

5 148(e)(1); and 

6 ‘‘(ii) is consistent with the State stra7 tegic highway safety plan (as defined in 

8 section 148(a)). 

9 ‘‘(8) FLEXIBILITY.— 

10 ‘‘(A) STATE AUTHORITY.— 

11 ‘‘(i) IN GENERAL.—A State may use 

12 not more than 50 percent of the funds set 

13 aside under this subsection that are avail14 able for obligation in any area of the State 

15 (suballocated consistent with the require16 ments of subsection (d)(1)(B)) for any 

17 purpose eligible under subsection (b). 

18 ‘‘(ii) RESTRICTION.—Funds may be 

19 used as described in clause (i) only if the 

20 State demonstrates to the Secretary— 

21 ‘‘(I) that the State held a com22 petition in compliance with the re23 quirements of this subsection in such 

24 form as the Secretary determines ap25 propriate; 


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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 eligi7 ble entities to use the funds described 

8 in 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 great13 er than 200,000 may use not more than 

14 50 percent of the funds set aside under 

15 this subsection for an urbanized area de16 scribed in subsection (d)(1)(A)(i) for any 

17 purpose 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 

24 subsection in such form as the Sec25 retary determines appropriate; and 


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1 ‘‘(II) demonstrates that there 

2 were not sufficient suitable applica3 tions from eligible entities to use the 

4 funds 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 applica12 tions received for each fiscal year, includ13 ing— 

14 ‘‘(I) the aggregate cost of the 

15 projects for which applications are re16 ceived; and 

17 ‘‘(II) the types of projects by eli18 gibility category to be carried out, ex19 pressed as percentages of the total ap20 portionment of the State under this 

21 subsection; and 

22 ‘‘(ii) the list of each project selected 

23 for funding for each fiscal year, including 

24 specifying the fiscal year for which the 

25 project was selected, the fiscal year in 


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1 which the project is anticipated to be fund2 ed, the recipient, the funding sources (in3 cluding non-Federal match), the project 

4 status, the specific location, the congres5 sional district, the type by eligibility cat6 egory, and a brief description. 

7 ‘‘(B) PUBLIC AVAILABILITY.—The Sec8 retary shall make available to the public, in a 

9 user-friendly format on the website of the De10 partment of Transportation, a copy of each an11 nual report submitted under subparagraph 

12 (A).’’. 

13 SEC. 1207. BRIDGE INVESTMENT. 

14 (a) IN GENERAL.—Section 144 of title 23, United 

15 States Code, is amended— 

16 (1) in the section heading by striking ‘‘Na17 tional bridge and tunnel inventory and 

18 inspection standards’’ and inserting 

19 ‘‘Bridges and tunnels’’; 

20 (2) in subsection (a)(1)(B) by striking ‘‘defi21 cient’’; 

22 (3) in subsection (b)(5) by striking ‘‘struc23 turally deficient bridge’’ and inserting ‘‘bridge classi24 fied as in poor condition’’; 

25 (4) in subsection (d)— 


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1 (A) in paragraph (2) by striking ‘‘Not 

2 later than 2 years after the date of enactment 

3 of the MAP–21, each’’ and inserting ‘‘Each’’; 

4 and 

5 (B) by striking paragraph (4); 

6 (5) in subsection (j)— 

7 (A) in paragraph (2) by inserting ‘‘, 124,’’ 

8 after ‘‘section 119’’; 

9 (B) in paragraph (3)(A) by inserting ‘‘, 

10 124,’’ after ‘‘section 119’’; and 

11 (C) in paragraph (5) by striking ‘‘financial 

12 characteristics’’ and all that follows through the 

13 end and inserting ‘‘Federal share.’’; and 

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

15 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA16 BILITATION.— 

17 ‘‘(1) GOALS.—The goals of this subsection shall 

18 be to— 

19 ‘‘(A) support the achievement of a state of 

20 good repair for the Nation’s bridges; 

21 ‘‘(B) improve the safety, efficiency, and re22 liability of the movement of people and freight 

23 over bridges; and 

24 ‘‘(C) improve the condition of bridges in 

25 the United States by reducing— 


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1 ‘‘(i) the number of bridges— 

2 ‘‘(I) in poor condition; or 

3 ‘‘(II) in fair condition and at risk 

4 of falling into poor condition; 

5 ‘‘(ii) the total person miles traveled 

6 over bridges— 

7 ‘‘(I) in poor condition; or 

8 ‘‘(II) in fair condition and at risk 

9 of falling into poor condition; 

10 ‘‘(iii) the number of bridges that— 

11 ‘‘(I) do not meet current geo12 metric design standards; or 

13 ‘‘(II) cannot meet the load and 

14 traffic requirements typical of the re15 gional transportation network; and 

16 ‘‘(iv) the total person miles traveled 

17 over bridges that— 

18 ‘‘(I) do not meet current geo19 metric design standards; or 

20 ‘‘(II) cannot meet the load and 

21 traffic requirements typical of the re22 gional transportation network. 

23 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 

24 ‘‘(A) MINIMUM BRIDGE INVESTMENT.— 

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1 graph (C), of the total funds apportioned to a 

2 State under paragraphs (1) and (2) of section 

3 104(b) for fiscal years 2023 to 2026, a State 

4 shall obligate not less than 20 percent for 

5 projects described in subparagraph (E). 

6 ‘‘(B) PROGRAM FLEXIBILITY.—A State re7 quired to obligate funds under subparagraph 

8 (A) may use any combination of funds appor9 tioned to a State under paragraphs (1) and (2) 

10 of section 104(b). 

11 ‘‘(C) LIMITATION.—Amounts described 

12 below may not be used for the purposes of cal13 culating or meeting the minimum bridge invest14 ment requirement under subparagraph (A)— 

15 ‘‘(i) amounts described in section 

16 133(d)(1)(A); 

17 ‘‘(ii) amounts set aside under section 

18 133(h); and 

19 ‘‘(iii) amounts described in section 

20 505(a). 

21 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

22 in this section shall be construed to prohibit the 

23 expenditure of funds described in subparagraph 

24 (C) for bridge projects eligible under such sec25 tion. 


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1 ‘‘(E) ELIGIBLE PROJECTS.—Funds re2 quired to be obligated in accordance with para3 graph (2)(A) may be obligated for projects or 

4 activities 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 de3 signed 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/ 

11 formate, or other environmentally ac12 ceptable, minimally corrosive anti13 icing 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 meas24 ures 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 clas7 sified 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 

11 subsection (j) to satisfy the requirements of 

12 subparagraph (A), if each project in the bundle 

13 is otherwise eligible under subparagraph (E). 

14 ‘‘(G) FLEXIBILITY.—The Secretary may, 

15 at the request of a State, reduce the required 

16 obligation 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 expend3 iture. 

4 ‘‘(H) BRIDGE INVESTMENT REPORT.—The 

5 Secretary shall annually publish on the website 

6 of the Department of Transportation a bridge 

7 investment report that includes— 

8 ‘‘(i) the total Federal funding obli9 gated for bridge projects in the most re10 cent fiscal year, on a State-by-State basis 

11 and broken out by Federal program; 

12 ‘‘(ii) the total Federal funding obli13 gated, on a State-by-State basis and bro14 ken out by Federal program, for bridge 

15 projects carried out pursuant to the min16 imum bridge investment requirements 

17 under subparagraph (A); 

18 ‘‘(iii) the progress made by each State 

19 toward meeting the minimum bridge in20 vestment requirement under subparagraph 

21 (A) for such State, both cumulatively and 

22 for the most recent fiscal year; 

23 ‘‘(iv) a summary of— 

24 ‘‘(I) each request made under 

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1 duction in the minimum bridge invest2 ment requirement under subpara3 graph (A); and 

4 ‘‘(II) for each request described 

5 in subclause (I) that is granted by the 

6 Secretary— 

7 ‘‘(aa) the percentage and 

8 dollar amount of the reduction; 

9 and 

10 ‘‘(bb) an explanation of how 

11 the State met each of the criteria 

12 described in subparagraph (G); 

13 and 

14 ‘‘(v) a summary of— 

15 ‘‘(I) each request made by a 

16 State for a reduction in the obligation 

17 requirements under section 133(f); 

18 and 

19 ‘‘(II) for each request that is 

20 granted by the Secretary— 

21 ‘‘(aa) the percentage and 

22 dollar amount of the reduction; 

23 and 

24 ‘‘(bb) an explanation of how 

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1 mination under section 

2 133(f)(2)(B). 

3 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may 

4 apply amounts obligated under this subsection 

5 or section 133(f)(2)(A) to the obligation re6 quirements of both this subsection and section 

7 133(f). 

8 ‘‘(J) NHS PENALTY.—A State may apply 

9 amounts obligated under this subsection or sec10 tion 119(f)(2) to the obligation requirements of 

11 both this subsection and section 119(f)(2). 

12 ‘‘(K) COMPLIANCE.—If a State fails to 

13 satisfy the requirements of subparagraph (A) 

14 by the end of fiscal year 2025, the Secretary 

15 may subject the State to appropriate program 

16 sanctions under section 1.36 of title 23, Code of 

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

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 1 of title 23, United States Code, is amended by strik21 ing the item relating to section 144 and inserting the fol22 lowing: 

‘‘144. Bridges and tunnels.’’. 


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1 SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 

2 TERMINAL FACILITIES. 

3 Section 147 of title 23, United States Code, is 

4 amended— 

5 (1) by striking subsection (h); and 

6 (2) by redesignating subsections (i) and (j) as 

7 subsections (h) and (i), respectively. 

8 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

9 (a) IN GENERAL.—Section 148 of title 23, United 

10 States Code, is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (4)(B)— 

13 (i) by striking ‘‘only includes a 

14 project’’ and inserting ‘‘includes a 

15 project’’; 

16 (ii) in clause (xiii) by inserting ‘‘, in17 cluding the development of a vulnerable 

18 road user safety assessment or a vision 

19 zero plan under section 1601 of the IN20 VEST in America Act’’ after ‘‘safety plan21 ning’’; 

22 (iii) by amending clause (xviii) to read 

23 as follows: 

24 ‘‘(xviii) Safe routes to school infra25 structure-related projects eligible under 

26 section 211.’’; 


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1 (iv) in clause (xxvi) by inserting ‘‘or 

2 leading pedestrian intervals’’ after ‘‘hybrid 

3 beacons’’; and 

4 (v) by striking clause (xxviii) and in5 serting the following: 

6 ‘‘(xxviii) A pedestrian security feature 

7 designed to slow or stop a motor vehicle. 

8 ‘‘(xxix) Installation of infrastructure 

9 improvements, including sidewalks, cross10 walks, signage, and bus stop shelters or 

11 protected waiting areas.’’; 

12 (B) in paragraph (11)— 

13 (i) in subparagraph (A)— 

14 (I) in clause (ix) by striking 

15 ‘‘and’’ at the end; 

16 (II) by redesignating clause (x) 

17 as clause (xi); and 

18 (III) by inserting after clause (ix) 

19 the following: 

20 ‘‘(x) State or local representatives of 

21 educational agencies to address safe routes 

22 to school and schoolbus safety; and’’; 

23 (ii) in subparagraph (E) by inserting 

24 ‘‘Tribal,’’ after ‘‘State,’’; 


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1 (iii) by redesignating subparagraphs 

2 (G), (H), and (I) as subparagraphs (H), 

3 (I), and (J), respectively; and 

4 (iv) by inserting after subparagraph 

5 (F) the following: 

6 ‘‘(G) includes a vulnerable road user safety 

7 assessment described under paragraph (16);’’; 

8 (C) by redesignating paragraphs (10), 

9 (11), and (12) as paragraphs (12), (13), and 

10 (14), respectively; 

11 (D) by inserting after paragraph (9) the 

12 following: 

13 ‘‘(10) SAFE SYSTEM APPROACH.—The term 

14 ‘safe system approach’ means a roadway design that 

15 emphasizes minimizing the risk of injury or fatality 

16 to road users and that— 

17 ‘‘(A) takes into consideration the possi18 bility and likelihood of human error; 

19 ‘‘(B) accommodates human injury toler20 ance by taking into consideration likely crash 

21 types, resulting impact forces, and the human 

22 body’s ability to withstand such forces; and 

23 ‘‘(C) takes into consideration vulnerable 

24 road users. 

25 ‘‘(11) SPECIFIED SAFETY PROJECT.— 


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1 ‘‘(A) IN GENERAL.—The term ‘specified 

2 safety project’ means a project carried out for 

3 the purpose of safety under any other section of 

4 this title that is consistent with the State stra5 tegic highway safety plan. 

6 ‘‘(B) INCLUSION.—The term ‘specified 

7 safety project’ includes a project that— 

8 ‘‘(i) promotes public awareness and 

9 informs the public regarding highway safe10 ty matters (including safety for motorcy11 clists, bicyclists, pedestrians, individuals 

12 with disabilities, and other road users); 

13 ‘‘(ii) facilitates enforcement of traffic 

14 safety laws; 

15 ‘‘(iii) provides infrastructure and in16 frastructure-related equipment to support 

17 emergency services; 

18 ‘‘(iv) conducts safety-related research 

19 to evaluate experimental safety counter20 measures or equipment; or 

21 ‘‘(v) supports safe routes to school 

22 noninfrastructure-related activities de23 scribed under section 211(e)(2).’’; and 

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


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1 ‘‘(15) TRANSPORTATION MANAGEMENT AREA.— 

2 The term ‘transportation management area’ means 

3 an area designated under section 134(k). 

4 ‘‘(16) VULNERABLE ROAD USER.—The term 

5 ‘vulnerable road user’ means a nonmotorist— 

6 ‘‘(A) with a fatality analysis reporting sys7 tem person attribute code that is included in 

8 the definition of the term ‘number of non-mo9 torized fatalities’ in section 490.205 of title 23, 

10 Code of Federal Regulations (or successor regu11 lation); or 

12 ‘‘(B) described in the term ‘number of 

13 non-motorized serious injuries’ in such section. 

14 ‘‘(17) VULNERABLE ROAD USER SAFETY AS15 SESSMENT.—The term ‘vulnerable road user safety 

16 assessment’ means an assessment of the safety per17 formance of the State or a metropolitan planning or18 ganization within the State with respect to vulner19 able road users and the plan of the State or metro20 politan planning organization to improve the safety 

21 of vulnerable road users described in subsection 

22 (l).’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (1) by striking ‘‘(a)(11)’’ 

25 and inserting ‘‘(a)(13)’’; and 


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1 (B) in paragraph (2)— 

2 (i) in subparagraph (A)(vi) by insert3 ing ‘‘, consistent with the vulnerable road 

4 user safety assessment’’ after ‘‘non5 motorized crashes’’; 

6 (ii) in subparagraph (B)(i)— 

7 (I) by inserting ‘‘, consistent with 

8 a safe system approach,’’ after ‘‘iden9 tify’’; 

10 (II) by inserting ‘‘excessive de11 sign speeds and speed limits,’’ after 

12 ‘‘crossing needs,’’; and 

13 (III) by striking ‘‘motorists (in14 cluding motorcyclists), bicyclists, pe15 destrians, and other highway users’’ 

16 and inserting ‘‘road users’’; and 

17 (iii) in subparagraph (D)(iii) by strik18 ing ‘‘motorists (including motorcyclists), 

19 bicyclists, pedestrians, persons with disabil20 ities, and other highway users’’ and insert21 ing ‘‘road users’’; 

22 (3) in subsection (d)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A) by striking 

25 ‘‘Not later than 1 year after the date of 


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1 enactment of the MAP–21, the’’ and in2 serting ‘‘The’’; and 

3 (ii) in subparagraph (B)— 

4 (I) in clause (iv) by inserting 

5 ‘‘and serious injury’’ after ‘‘fatality’’; 

6 (II) in clause (vii) by striking ‘‘; 

7 and’’ and inserting a semicolon; 

8 (III) by redesignating clause 

9 (viii) as clause (ix); and 

10 (IV) by inserting after clause 

11 (vii) the following: 

12 ‘‘(viii) the findings of a vulnerable 

13 road user safety assessment of the State; 

14 and’’; and 

15 (B) in paragraph (2)(B)(i) by striking 

16 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection 

17 (a)(13)’’; 

18 (4) in subsection (e)— 

19 (A) in paragraph (1)(C) by striking ‘‘, 

20 without regard to whether the project is in21 cluded in an applicable State strategic highway 

22 safety plan’’; and 

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

24 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE25 TY PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—To advance the imple2 mentation of a State strategic highway safety 

3 plan, a State may use not more than 10 percent 

4 of the amounts apportioned to the State under 

5 section 104(b)(3) for a fiscal year to carry out 

6 specified safety projects. 

7 ‘‘(B) RULE OF STATUTORY CONSTRUC8 TION.—Nothing in this paragraph shall be con9 strued to require a State to revise any State 

10 process, plan, or program in effect on the date 

11 of enactment of this paragraph. 

12 ‘‘(C) EFFECT OF PARAGRAPH.— 

13 ‘‘(i) REQUIREMENTS.—A project 

14 funded under this paragraph shall be sub15 ject to all requirements under this section 

16 that apply to a highway safety improve17 ment project. 

18 ‘‘(ii) OTHER APPORTIONED PRO19 GRAMS.—Subparagraph (A) shall not apply 

20 to amounts that may be obligated for non21 infrastructure projects apportioned under 

22 any other paragraph of section 104(b).’’; 

23 (5) in subsection (g)— 

24 (A) by amending paragraph (1) to read as 

25 follows: 


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1 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 

2 ‘‘(A) IN GENERAL.—If the Secretary deter3 mines that the fatality rate on rural roads in a 

4 State for the most recent 2-year period for 

5 which data are available exceeds the median fa6 tality rate for rural roads among all States, 

7 such State shall be required to— 

8 ‘‘(i) obligate over the 2 fiscal years 

9 following the fiscal year in which such de10 termination is made for projects on high11 risk rural roads an amount not less than 

12 7.5 percent of the amounts apportioned to 

13 the State under section 104(b)(3) for fiscal 

14 year 2020; and 

15 ‘‘(ii) include, in the subsequent update 

16 to the State strategic highway safety plan, 

17 strategies to reduce the fatality rate. 

18 ‘‘(B) SOURCE OF FUNDS.—Any amounts 

19 obligated under subparagraph (A) shall be from 

20 amounts described under section 133(d)(1)(B). 

21 ‘‘(C) ANNUAL DETERMINATION.—The de22 termination described under subparagraph (A) 

23 shall be made on an annual basis. 

24 ‘‘(D) CONSULTATION.—In carrying out a 

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1 paragraph (A), a State shall consult with, as 

2 applicable, local governments, metropolitan 

3 planning organizations, and regional transpor4 tation planning organizations.’’; 

5 (B) in paragraph (2)— 

6 (i) in the heading by striking ‘‘DRIV7 ERS’’ and inserting ‘‘ROAD USERS’’; 

8 (ii) by striking ‘‘drivers and pedes9 trians’’ and inserting ‘‘road users’’; and 

10 (iii) by striking ‘‘address the increases 

11 in’’ and inserting ‘‘reduce’’; and 

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

13 ‘‘(3) VULNERABLE ROAD USER SAFETY.— 

14 ‘‘(A) HIGH RISK STATES.— 

15 ‘‘(i) ANNUAL DETERMINATION.—Be16 ginning on the date of enactment of the 

17 INVEST in America Act, the Secretary 

18 shall determine on an annual basis whether 

19 the number of vulnerable road user fatali20 ties and serious injuries per capita in a 

21 State over the most recent 2-year period 

22 for which data are available exceeds the 

23 median number fatalities in all such areas 

24 over such 2-year period. 


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1 ‘‘(ii) OBLIGATION REQUIREMENT.—If 

2 the Secretary determines that the number 

3 of vulnerable road user fatalities and seri4 ous injuries per capita in a State over the 

5 most recent 2-year period for which data 

6 are available exceeds the median number of 

7 such fatalities and serious injuries per cap8 ita over such 2-year period among all 

9 States, that State shall be required to obli10 gate over the 2 fiscal years following the 

11 fiscal year in which such determination is 

12 made an amount that is not less than 50 

13 percent of the amount set aside in such 

14 State under section 133(h)(1) for fiscal 

15 year 2020 (less any amounts obligated for 

16 projects in that State as required by sub17 paragraph (B)(ii)) for— 

18 ‘‘(I) in the first two fiscal years 

19 after the enactment of the INVEST 

20 in America Act— 

21 ‘‘(aa) performing the vulner22 able road user safety assessment 

23 as required by subsection (l); 

24 ‘‘(bb) providing matching 

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1 natives safety projects as identi2 fied in section 133(h)(7)(B); or 

3 ‘‘(cc) projects eligible under 

4 subparagraphs (A), (B), (C), or 

5 (I) of section 133(h); and 

6 ‘‘(II) in each 2-year period there7 after, projects identified in the pro8 gram of projects described in sub9 section (l)(2)(C). 

10 ‘‘(B) HIGH RISK AREAS.— 

11 ‘‘(i) ANNUAL DETERMINATION.—The 

12 Secretary shall determine on an annual 

13 basis whether the number of vulnerable 

14 road user fatalities per capita in a trans15 portation management area over the most 

16 recent 2-year period for which data are 

17 available exceeds the median number fa18 talities in all such areas over such 2-year 

19 period. 

20 ‘‘(ii) OBLIGATION REQUIREMENT.—If 

21 the Secretary determines that the number 

22 of vulnerable road user fatalities per capita 

23 in the transportation management area 

24 over the most recent 2-year period for 

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1 dian number of such fatalities over such 2- 

2 year period among all such areas, then 

3 there shall be required to be obligated over 

4 the 2 fiscal years following the fiscal year 

5 in which such determination is made, for 

6 projects identified in the program of 

7 projects described in subsection (l)(7)(C), 

8 an amount that is not less than 50 percent 

9 of the amount set aside for that urbanized 

10 area under section 133(h)(2) for fiscal 

11 year 2020. 

12 ‘‘(iii) APPLICABILITY.—The obligation 

13 requirement described in clause (ii) shall 

14 not take effect until the subject metropoli15 tan planning organization has developed 

16 the vulnerable road user safety assessment 

17 described in subsection (l)(7). 

18 ‘‘(C) SOURCE OF FUNDS.— 

19 ‘‘(i) IN GENERAL.—Any amounts re20 quired to be obligated under this para21 graph shall be from amounts apportioned 

22 under section 104(b) except for— 

23 ‘‘(I) amounts described in section 

24 133(d)(1)(A); and 


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1 ‘‘(II) amounts set aside under 

2 section 133(h). 

3 ‘‘(ii) AREAS IN A HIGH RISK STATE.— 

4 If an area subject to the obligation require5 ment described in subparagraph (B)(ii) is 

6 located in a State required to obligate 

7 funds to vulnerable road user safety under 

8 subparagraph (A)(ii), any obligations in 

9 such State for projects identified in the 

10 program of projects described in subsection 

11 (l)(7)(C) shall count toward such State’s 

12 obligation requirement under subparagraph 

13 (A)(ii).’’; 

14 (6) in subsection (h)(1)(A)— 

15 (A) by inserting ‘‘, including any efforts to 

16 reduce vehicle speed’’ after ‘‘under this sec17 tion’’; and 

18 (B) by inserting ‘‘and projects identified 

19 under a vulnerable road user safety assess20 ment’’ after ‘‘projects’’; and 

21 (7) by adding at the end the following: 

22 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS23 MENT.— 

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

25 date of enactment of the INVEST in America Act, 


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1 each State shall create a vulnerable road user safety 

2 assessment. 

3 ‘‘(2) CONTENTS.—A vulnerable road user safety 

4 assessment required under paragraph (1) shall in5 clude— 

6 ‘‘(A) a description of the location within 

7 the State of each vulnerable road user fatality 

8 and serious injury, including, if available, the 

9 design speed of the roadway at any such loca10 tion; 

11 ‘‘(B) a description of any corridors identi12 fied by a State, in coordination with local gov13 ernments, metropolitan planning organizations, 

14 and regional transportation planning organiza15 tions that pose a high risk of a vulnerable road 

16 user fatality or serious injury, including, if 

17 available, the design speeds of such corridors; 

18 and 

19 ‘‘(C) a program of projects or strategies to 

20 reduce safety risks to vulnerable road users in 

21 corridors identified under subparagraph (B), in 

22 coordination with local governments, metropoli23 tan planning organizations, and regional trans24 portation planning organizations that represent 


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1 a high-risk area identified under subparagraph 

2 (B). 

3 ‘‘(3) ANALYSIS.—In creating a vulnerable road 

4 user safety assessment under this subsection, a 

5 State shall assess the last 5 years of available data. 

6 ‘‘(4) REQUIREMENTS.—In creating a vulnerable 

7 road user safety assessment under this subsection, a 

8 State shall— 

9 ‘‘(A) take into consideration a safe system 

10 approach; and 

11 ‘‘(B) coordinate with local governments, 

12 metropolitan planning organizations, and re13 gional transportation planning organizations 

14 that represent a high-risk area identified under 

15 paragraph (2)(B). 

16 ‘‘(5) UPDATE.—A State shall update a vulner17 able road user safety assessment on the same sched18 ule as the State updates the State strategic highway 

19 safety plan. 

20 ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 

21 program of projects developed under paragraph 

22 (2)(C) may not degrade transportation system ac23 cess for vulnerable road users. 

24 ‘‘(7) URBANIZED AREA ASSESSMENTS.— 


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1 ‘‘(A) IN GENERAL.—A metropolitan plan2 ning organization representing a transportation 

3 management area shall, in consultation with 

4 local governments in such area, complete a vul5 nerable road user safety assessment based on 

6 the most recent 5 years of available data at 

7 least once every 4 years. 

8 ‘‘(B) CONTENTS.—The assessment com9 pleted under subparagraph (A) shall include— 

10 ‘‘(i) a description of the location with11 in the area of each vulnerable road user fa12 tality and, if available, serious injury; 

13 ‘‘(ii) a description of any corridors 

14 that represent a high-risk area identified 

15 under paragraph (2)(B) or have otherwise 

16 been identified by the metropolitan plan17 ning organization or local government that 

18 pose a high risk of a vulnerable road user 

19 fatality or serious injury; and 

20 ‘‘(iii) a program of projects or strate21 gies to reduce safety risks to vulnerable 

22 road users in corridors identified under 

23 subparagraph (B).’’. 

24 (b) TECHNICAL AMENDMENT.—Section 148 of title 

25 23, United States Code, is amended— 


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1 (1) in the heading for subsection (a)(8) by 

2 striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD

3 USER’’; and 

4 (2) in subsection (i)(2)(D) by striking ‘‘safety 

5 safety’’ and inserting ‘‘safety’’. 

6 (c) HIGH-RISK RURAL ROADS.— 

7 (1) STUDY.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary of 

9 Transportation shall update the study described in 

10 paragraph (1) of section 1112(b) of MAP–21 (23 

11 U.S.C. 148 note). 

12 (2) PUBLICATION OF REPORT.—Not later than 

13 2 years after the date of enactment of this Act, the 

14 Secretary shall publish on the website of the Depart15 ment of Transportation an updated report of the re16 port described in paragraph (2) of section 1112(b) 

17 of MAP–21 (23 U.S.C. 148 note). 

18 (3) BEST PRACTICES MANUAL.—Not later than 

19 180 days after the date of submission of the report 

20 described in paragraph (2), the Secretary shall up21 date the best practices manual described in section 

22 1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 


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1 SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM2 PROVEMENT PROGRAM. 

3 Section 149 of title 23, United States Code, is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1)(A)(ii) by striking 

7 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 

8 (B) in paragraph (7) by inserting ‘‘shared 

9 micromobility (including bikesharing and shared 

10 scooter systems), publicly accessible charging 

11 stations, docks, and storage for electric bicycles 

12 and micromobility devices,’’ after ‘‘carsharing’’; 

13 (C) in paragraph (8)(B) by striking ‘‘; or’’ 

14 and inserting a semicolon; 

15 (D) in paragraph (9) by striking the period 

16 and inserting ‘‘; or’’; and 

17 (E) by adding at the end the following: 

18 ‘‘(10) if the project or program mitigates sea19 sonal or temporary traffic congestion from long-haul 

20 travel or tourism.’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (2)— 

23 (i) in the heading by inserting ‘‘, HY24 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE25 HICLE’’; 


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1 (ii) by inserting ‘‘hydrogen or’’ after 

2 ‘‘charging stations or’’; and 

3 (iii) by inserting ‘‘, hydrogen-pow4 ered,’’ after ‘‘battery powered’’; and 

5 (B) in paragraph (3) by inserting ‘‘, and is 

6 consistent with section 166’’ after ‘‘travel 

7 times’’; and 

8 (3) by striking subsection (m) and inserting the 

9 following: 

10 ‘‘(m) OPERATING ASSISTANCE.— 

11 ‘‘(1) PROJECTS.—A State may obligate funds 

12 apportioned under section 104(b)(4) in an area of 

13 such State that is otherwise eligible for obligations 

14 of such funds for operating costs under chapter 53 

15 of title 49 or on a system for which CMAQ funding 

16 was made available, obligated, or expended in fiscal 

17 year 2012, or, notwithstanding subsection (b), on a 

18 State-supported Amtrak route with a cost-sharing 

19 agreement under section 209 of the Passenger Rail 

20 Investment and Improvement Act of 2008 or alter21 native cost allocation under section 24712(g)(3) of 

22 title 49. 

23 ‘‘(2) TIME LIMITATION.—In determining the 

24 amount of time for which a State may obligate funds 

25 under paragraph (1) for operating assistance for an 


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1 area of a State or on a system, the Secretary shall 

2 allow such obligations to occur, in such area or on 

3 such system— 

4 ‘‘(A) with a time limitation of not less than 

5 3 years; and 

6 ‘‘(B) in the case of projects that dem7 onstrate continued net air quality benefits be8 yond 3 years, as determined annually by the 

9 Secretary in consultation with the Adminis10 trator of the Environmental Protection Agency, 

11 with no imposed time limitation.’’. 

12 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 

13 (a) ELECTRIC VEHICLE CHARGING STATIONS.— 

14 Chapter 1 of title 23, United States Code, is amended by 

15 inserting after section 154 the following new section: 

16 ‘‘§ 155. Electric vehicle charging stations 

17 ‘‘(a) IN GENERAL.—Any electric vehicle charging in18 frastructure funded under this title shall be subject to the 

19 requirements of this section. 

20 ‘‘(b) INTEROPERABILITY.—An electric vehicle charg21 ing station funded under this title shall— 

22 ‘‘(1) provide a charging connector type or 

23 means to transmit electricity to vehicles that meets 

24 applicable industry accepted practices and safety 

25 standards; and 


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1 ‘‘(2) have the ability to serve vehicles produced 

2 by more than one vehicle manufacturer. 

3 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 

4 charging stations shall provide payment methods available 

5 to all members of the public to ensure secure, convenient, 

6 and equal access and shall not be limited by membership 

7 to a particular payment provider. 

8 ‘‘(d) NETWORK CAPABILITY.—An electric vehicle 

9 charging station funded under this title shall be capable 

10 of being remotely monitored. 

11 ‘‘(e) STANDARDS AND GUIDANCE.—Not less than 

12 180 days after enactment of the INVEST in America Act, 

13 the Secretary of Transportation, in coordination with the 

14 Secretary of Energy, shall, as appropriate, develop stand15 ards and guidance applicable to any electric vehicle charg16 ing station funded in whole or in part under this title re17 lated to— 

18 ‘‘(1) the installation, operation, or maintenance 

19 by qualified technicians of electric vehicle charging 

20 infrastructure; 

21 ‘‘(2) the physical, software, and payment inter22 operability of electric vehicle charging infrastructure; 

23 ‘‘(3) any traffic control device or on-premises 

24 sign acquired, installed, or operated related to an 


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1 electric vehicle charging station funded under this 

2 title; and 

3 ‘‘(4) network connectivity of electric vehicle 

4 charging, including measures to protect personal pri5 vacy and ensure cybersecurity.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 1 of title 23, United States Code, is amended by insert8 ing after the item relating to section 154 the following 

9 new item: 

‘‘155. Electric vehicle charging stations.’’. 

10 (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 

11 Secretary of Transportation shall update the Manual on 

12 Uniform Traffic Control Devices to— 

13 (1) ensure uniformity in providing road users 

14 direction to electric charging stations that are open 

15 to the public; and 

16 (2) allow the use of a comprehensive system of 

17 signs for electric vehicle charging providers to help 

18 drivers identify the type of charging and connector 

19 types available at the location. 

20 (d) AGREEMENTS RELATING TO THE USE AND AC21 CESS OF RIGHTS-OF-WAY OF THE INTERSTATE SYS22 TEM.—Section 111 of title 23, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

2 (a) or (b), the Secretary shall permit, consistent 

3 with section 155, the charging of electric vehicles on 

4 rights-of-way of the Interstate System, including 

5 in— 

6 ‘‘(A) a rest area; or 

7 ‘‘(B) a fringe or corridor parking facility, 

8 including a park and ride facility. 

9 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub10 section shall permit commercial activities on rights11 of-way of the Interstate System, except as necessary 

12 for the charging of electric vehicles in accordance 

13 with this subsection.’’. 

14 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 

15 (a) IN GENERAL.—Section 167 of title 23, United 

16 States Code, is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (6) by striking ‘‘; and’’ 

19 and inserting a semicolon; and 

20 (B) by striking paragraph (7) and insert21 ing the following: 

22 ‘‘(7) to reduce the environmental impacts of 

23 freight movement on the National Highway Freight 

24 Network, including— 

25 ‘‘(A) greenhouse gas emissions; 


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1 ‘‘(B) local air pollution, including local pol2 lution derived from vehicles idling at railway 

3 crossings; 

4 ‘‘(C) minimizing, capturing, or treating 

5 stormwater runoff and addressing other adverse 

6 impacts to water quality; and 

7 ‘‘(D) wildlife habitat loss; and 

8 ‘‘(8) to decrease any adverse impact of freight 

9 transportation on communities located near freight 

10 facilities or freight corridors.’’; 

11 (2) in subsection (e)(2) by striking ‘‘150 miles’’ 

12 and inserting ‘‘300 miles’’; 

13 (3) in subsection (f)(4) by striking ‘‘75 miles’’ 

14 and inserting ‘‘150 miles’’; 

15 (4) in subsection (h) by striking ‘‘Not later 

16 than’’ and all that follows through ‘‘shall prepare’’ 

17 and inserting ‘‘As part of the report required under 

18 section 503(b)(8), the Administrator shall biennially 

19 prepare’’; 

20 (5) in subsection (i)— 

21 (A) by striking paragraphs (2) and (3); 

22 (B) by amending paragraph (4) to read as 

23 follows: 

24 ‘‘(4) FREIGHT PLANNING.—Notwithstanding 

25 any other provision of law, a State may not obligate 


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1 funds apportioned to the State under section 

2 104(b)(5) unless the State has developed, updated, 

3 or amended, as applicable, a freight plan in accord4 ance with section 70202 of title 49.’’; 

5 (C) in paragraph (5)— 

6 (i) by striking subparagraph (B) and 

7 inserting the following: 

8 ‘‘(B) LIMITATION.—The Federal share of 

9 a project described in subparagraph (C)(xxiii) 

10 shall fund only elements of such project that 

11 provide public benefits.’’; and 

12 (ii) in subparagraph (C)— 

13 (I) in clause (iii) by inserting 

14 ‘‘and freight management and oper15 ations systems’’ after ‘‘freight trans16 portation systems’’; and 

17 (II) by amending clause (xxiii) to 

18 read as follows: 

19 ‘‘(xxiii) Freight intermodal or freight 

20 rail projects, including— 

21 ‘‘(I) projects within the bound22 aries of public or private freight rail 

23 or water facilities (including ports); 

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1 essary to facilitate direct intermodal 

2 interchange, transfer, and access into 

3 or out of the facility; and 

4 ‘‘(III) any other surface trans5 portation project to improve the flow 

6 of freight into or out of a facility de7 scribed in subclause (I) or (II).’’; 

8 (D) in paragraph (6) by striking ‘‘para9 graph (5)’’ and inserting ‘‘paragraph (3)’’; and 

10 (E) by redesignating paragraphs (4), (5), 

11 (6), and (7) as paragraphs (2), (3), (4), and 

12 (5), respectively; and 

13 (6) in subsection (k)(1)(A)(ii) by striking 

14 ‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 

15 (b) NATIONAL HIGHWAY FREIGHT NETWORK.—If a 

16 congressionally designated future Interstate, or any por17 tion thereof, is included in a State Freight Plan (regard18 less of whether such project is included in the freight in19 vestment plan of the State) approved by the Department 

20 of Transportation prior to October 1, 2021, such route 

21 shall be considered to be on the National Highway Freight 

22 Network established under section 167(c) of title 23, 

23 United States Code. 


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1 SEC. 1213. CARBON POLLUTION REDUCTION. 

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

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 171. Carbon pollution reduction 

6 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab7 lish a carbon pollution reduction program to support the 

8 reduction of greenhouse gas emissions from the surface 

9 transportation system. 

10 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 

11 funding under this section if such project— 

12 ‘‘(1) is expected to yield a significant reduction 

13 in greenhouse gas emissions from the surface trans14 portation system; 

15 ‘‘(2) will help a State meet the greenhouse gas 

16 emissions performance targets established under sec17 tion 150(d); and 

18 ‘‘(3) is— 

19 ‘‘(A) eligible for assistance under this title 

20 or under chapter 53 of title 49 or is a capital 

21 project for vehicles and facilities (whether pub22 licly or privately owned) that are used to pro23 vide intercity passenger service by bus; or 

24 ‘‘(B) a capital project, as such term is de25 fined in section 22906 of title 49, to improve 

26 intercity rail passenger transportation, provided 


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1 that the project will yield a significant reduction 

2 in single occupant vehicle trips and improve 

3 mobility on public roads. 

4 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 

5 on methods of determining the reduction of single occu6 pant vehicle trips and improvement of mobility on public 

7 roads as those factors relate to intercity rail passenger 

8 transportation projects under subsection (b)(4). 

9 ‘‘(d) OPERATING EXPENSES.—A State may use not 

10 more than 10 percent of the funds provided under section 

11 104(b)(9) for the operating expenses of public transpor12 tation and passenger rail transportation projects. 

13 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA14 CILITIES.—None of the funds provided under this section 

15 may be used for a project that will result in the construc16 tion of new capacity available to single occupant vehicles 

17 unless the project consists of a high occupancy vehicle fa18 cility and is consistent with section 166. 

19 ‘‘(f) EVALUATION.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall annu21 ally evaluate the progress of each State in carrying 

22 out the program under this section by comparing the 

23 percent change in carbon dioxide emissions per cap24 ita on public roads in the State calculated as— 


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1 ‘‘(A) the annual carbon dioxide emissions 

2 per capita on public roads in the State for the 

3 most recent year for which there is data; di4 vided by 

5 ‘‘(B) the average annual carbon dioxide 

6 emissions per capita on public roads in the 

7 State in calendar years 2015 through 2019. 

8 ‘‘(2) MEASURES.—In conducting the evaluation 

9 under paragraph (1), the Secretary shall— 

10 ‘‘(A) prior to the effective date of the 

11 greenhouse gas performance measures under 

12 section 150(c)(7)(A), use such data as are 

13 available, which may include data on motor 

14 fuels usage published by the Federal Highway 

15 Administration and information on emissions 

16 factors or coefficients published by the Energy 

17 Information Administration of the Department 

18 of Energy; and 

19 ‘‘(B) following the effective date of the 

20 greenhouse gas performance measures under 

21 section 150(c)(7)(A), use such measures. 

22 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu23 ally issue a carbon pollution reduction progress report, to 

24 be made publicly available on the website of the Depart25 ment of Transportation, that includes— 


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1 ‘‘(1) the results of the evaluation under sub2 section (f) for each State; and 

3 ‘‘(2) a ranking of all the States by the criteria 

4 under subsection (f), with the States that, for the 

5 year covered by such report, have the largest per6 centage reduction in annual carbon dioxide emissions 

7 per capita on public roads being ranked the highest. 

8 ‘‘(h) HIGH-PERFORMING STATES.— 

9 ‘‘(1) DESIGNATION.—For purposes of this sec10 tion, each State that is 1 of the 15 highest ranked 

11 States, as determined under subsection (g)(2), and 

12 that achieves a reduction in carbon dioxide emissions 

13 per capita on public roads, as determined by the 

14 evaluation in subsection (f), shall be designated as a 

15 high-performing State for the following fiscal year. 

16 ‘‘(2) USE OF FUNDS.—For each State that is 

17 designated as a high-performing State under para18 graph (1)— 

19 ‘‘(A) notwithstanding section 120, the 

20 State may use funds made available under this 

21 title to pay the non-Federal share of a project 

22 under this section during any year for which 

23 such State is designated as a high-performing 

24 State; and 


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1 ‘‘(B) notwithstanding section 126, the 

2 State may transfer up to 50 percent of funds 

3 apportioned under section 104(b)(9) to the pro4 gram under section 104(b)(2) in any year for 

5 which such State is designated as a high-per6 forming State. 

7 ‘‘(3) TRANSFER.—For each State that is 1 of 

8 the 15 lowest ranked States, as determined under 

9 subsection (g)(2), the Secretary shall transfer 10 

10 percent of the amount apportioned to the State 

11 under section 104(b)(2) in the fiscal year following 

12 the year in which the State is so ranked, not includ13 ing amounts set aside under section 133(d)(1)(A) 

14 and under section 133(h) or 505(a), to the appor15 tionment of the State under section 104(b)(9). 

16 ‘‘(4) LIMITATION.—The Secretary shall not 

17 conduct 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 de25 termined 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, 

3 the Secretary, in consultation with the Administrator of 

4 the Environmental Protection Agency, shall issue a re5 port— 

6 ‘‘(1) detailing, based on the best available 

7 science, what types of projects eligible for assistance 

8 under this section are expected to provide the most 

9 significant greenhouse gas emissions reductions from 

10 the surface transportation sector; and 

11 ‘‘(2) detailing, based on the best available 

12 science, what types of projects eligible for assistance 

13 under this section are not expected to provide sig14 nificant greenhouse gas emissions reductions from 

15 the surface transportation sector.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 1 of title 23, United States Code, is amended by add18 ing at the end the following new item: 

‘‘171. Carbon pollution reduction.’’. 

19 (c) APPLICABILITY.—Subsection (b)(2) of section 

20 171 of title 23, United States Code, as added by this sec21 tion, shall apply to a State beginning on the first fiscal 

22 year following the fiscal year in which the State sets green23 house gas performance targets under section 150(d) of 

24 title 23, United States Code. 


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1 SEC. 1214. RECREATIONAL TRAILS. 

2 Section 206 of title 23, United States Code, is 

3 amended— 

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 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 

24 (a) IN GENERAL.—Chapter 2 of title 23, United 

25 States Code, is amended by inserting after section 210 the 

26 following: 


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1 ‘‘§ 211. Safe routes to school program 

2 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe 

3 routes to school program for the benefit of children in pri4 mary, middle, and high schools. 

5 ‘‘(b) PURPOSES.—The purposes of the program shall 

6 be— 

7 ‘‘(1) to enable and encourage children, includ8 ing those with disabilities, to walk and bicycle to 

9 school; 

10 ‘‘(2) to make bicycling and walking to school a 

11 safer and more appealing transportation alternative, 

12 thereby encouraging a healthy and active lifestyle 

13 from an early age; and 

14 ‘‘(3) to facilitate the planning, development, 

15 and implementation of projects and activities that 

16 will improve safety and reduce traffic, fuel consump17 tion, and air pollution in the vicinity of schools. 

18 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a 

19 State under paragraphs (2) and (3) of section 104(b) may 

20 be used to carry out projects, programs, and other activi21 ties under this section. 

22 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 

23 activities funded under this section may be carried out by 

24 eligible entities described under section 133(h)(4)(B) that 

25 demonstrate an ability to meet the requirements of this 

26 section. 


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1 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 

2 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 

3 ‘‘(A) IN GENERAL.—A State may obligate 

4 funds under this section for the planning, de5 sign, and construction of infrastructure-related 

6 projects that will substantially improve the abil7 ity of students to walk and bicycle to school, in8 cluding sidewalk improvements, traffic calming 

9 and speed reduction improvements, pedestrian 

10 and bicycle crossing improvements, on-street bi11 cycle facilities, off-street bicycle and pedestrian 

12 facilities, secure bicycle parking facilities, and 

13 traffic diversion improvements in the vicinity of 

14 schools. 

15 ‘‘(B) LOCATION OF PROJECTS.—Infra16 structure-related projects under subparagraph 

17 (A) may be carried out on any public road or 

18 any bicycle or pedestrian pathway or trail in the 

19 vicinity of schools. 

20 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI21 TIES.—In addition to projects described in para22 graph (1), a State may obligate funds under this 

23 section for noninfrastructure-related activities to en24 courage walking and bicycling to school, including— 


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1 ‘‘(A) public awareness campaigns and out2 reach to press and community leaders; 

3 ‘‘(B) traffic education and enforcement in 

4 the vicinity of schools; 

5 ‘‘(C) student sessions on bicycle and pedes6 trian safety, health, and environment; 

7 ‘‘(D) programs that address personal safe8 ty; and 

9 ‘‘(E) funding for training, volunteers, and 

10 managers of safe routes to school programs. 

11 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI12 NATOR.—Each State receiving an apportionment 

13 under paragraphs (2) and (3) of section 104(b) shall 

14 use a sufficient amount of the apportionment to 

15 fund a full-time position of coordinator of the 

16 State’s safe routes to school program. 

17 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 

18 coordinator described in paragraph (3) shall conduct 

19 outreach to ensure that rural school districts in the 

20 State are aware of such State’s safe routes to school 

21 program and any funds authorized by this section. 

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

23 cost of a project, program, or activity under this section 

24 shall be 100 percent. 

25 ‘‘(g) CLEARINGHOUSE.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall main2 tain a national safe routes to school clearinghouse 

3 to— 

4 ‘‘(A) develop information and educational 

5 programs on safe routes to school; and 

6 ‘‘(B) provide technical assistance and dis7 seminate techniques and strategies used for 

8 successful safe routes to school programs. 

9 ‘‘(2) FUNDING.—The Secretary shall carry out 

10 this subsection using amounts authorized to be ap11 propriated for administrative expenses under section 

12 104(a). 

13 ‘‘(h) DEFINITIONS.—In this section, the following 

14 definitions apply: 

15 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 

16 ‘in the vicinity of schools’ means, with respect to a 

17 school, the area within bicycling and walking dis18 tance of the school (approximately 2 miles). 

19 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 

20 The term ‘primary, middle, and high schools’ means 

21 schools providing education from kindergarten 

22 through twelfth grade.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 (1) REPEAL.—Section 1404 of SAFETEA–LU 

25 (Public Law 109–59; 119 Stat. 1228–1230), and 


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1 the item relating to such section in the table of con2 tents in section 1(b) of such Act, are repealed. 

3 (2) ANALYSIS.—The analysis for chapter 2 of 

4 title 23, United States Code, is amended by insert5 ing after the item relating to section 210 the fol6 lowing: 

‘‘211. Safe routes to school program.’’. 

7 SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 

8 WALKWAYS. 

9 Section 217 of title 23, United States Code, is 

10 amended— 

11 (1) in subsection (d)— 

12 (A) by striking ‘‘104(b)(3)’’ and inserting 

13 ‘‘104(b)(4)’’; and 

14 (B) by striking ‘‘a position’’ and inserting 

15 ‘‘at least one full-time positions’’; 

16 (2) in subsection (e) by striking ‘‘bicycles’’ and 

17 inserting ‘‘pedestrians or bicyclists’’ each place such 

18 term appears; 

19 (3) in subsection (j)— 

20 (A) in paragraph (1) by inserting ‘‘or oper21 ators of micromobility devices’’ after 

22 ‘‘bicyclists’’; 

23 (B) by striking paragraph (2) and insert24 ing the following: 


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1 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric 

2 bicycle’ means mean a bicycle equipped with fully 

3 operable pedals, a saddle or seat for the rider, and 

4 an electric motor of less than 750 watts that can 

5 safely share a bicycle transportation facility with 

6 other users of such facility and meets the require7 ments of one of the following three classes: 

8 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The 

9 term ‘class 1 electric bicycle’ means an electric 

10 bicycle equipped with a motor that provides as11 sistance only when the rider is pedaling, and 

12 that ceases to provide assistance when the bicy13 cle reaches the speed of 20 miles per hour. 

14 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The 

15 term ‘class 2 electric bicycle’ means an electric 

16 bicycle equipped with a motor that may be used 

17 exclusively to propel the bicycle, and that is not 

18 capable of providing assistance when the bicycle 

19 reaches the speed of 20 miles per hour. 

20 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The 

21 term ‘class 3 electric bicycle’ means an electric 

22 bicycle equipped with a motor that provides as23 sistance only when the rider is pedaling, and 

24 that ceases to provide assistance when the bicy25 cle reaches the speed of 28 miles per hour. 


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1 ‘‘(3) MICROMOBILITY DEVICE.—The term 

2 ‘micromobility device’ means any wheeled vehicle 

3 equipped with a low powered electric motor— 

4 ‘‘(A) that is designed primarily for human 

5 transport; 

6 ‘‘(B) that weighs not more than 100 

7 pounds; and 

8 ‘‘(C) that has a top speed of 20 miles per 

9 hour or less.’’. 

10 SEC. 1217. NOISE BARRIERS. 

11 (a) PERMITTING USE OF HIGHWAY TRUST FUND

12 FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.— 

13 Section 339(b)(1) of the National Highway System Des14 ignation Act of 1995 (23 U.S.C. 109 note) is amended 

15 to read as follows: 

16 ‘‘(1) GENERAL RULE.—No funds made avail17 able out of the Highway Trust Fund may be used 

18 to construct a Type II noise barrier (as defined by 

19 section 772.5(I) of title 23, Code of Federal Regula20 tions) pursuant to subsections (h) and (I) of section 

21 109 of title 23, United States Code, unless— 

22 ‘‘(A) such a barrier is part of a project ap23 proved by the Secretary before November 28, 

24 1995; or 


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1 ‘‘(B) such a barrier separates a highway or 

2 other noise corridor from a group of structures 

3 of which the majority of those closest to the 

4 highway or noise corridor— 

5 ‘‘(i) are residential in nature; and 

6 ‘‘(ii) either— 

7 ‘‘(I) were constructed before the 

8 construction or most recent widening 

9 of the highway or noise corridor; or 

10 ‘‘(II) are at least 10 years old.’’. 

11 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION

12 BLOCK GRANT FUNDS.—Section 133 of title 23, United 

13 States Code, is amended— 

14 (1) in subsection (b) by adding at the end the 

15 following: 

16 ‘‘(20) Planning, design, or construction of a 

17 Type II noise barrier (as described in section 772.5 

18 of title 23, Code of Federal Regulations).’’; and 

19 (2) in subsection (c)(2) by inserting ‘‘and para20 graph (20)’’ after ‘‘(11)’’. 

21 SEC. 1218. SAFE STREETS FOR ALL. 

22 Section 148 of title 23, United States Code, is further 

23 amended by adding at the end the following: 

24 ‘‘(m) SAFE STREETS FOR ALL.— 

25 ‘‘(1) SAFE STREETS SET-ASIDE.— 


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1 ‘‘(A) ESTABLISHMENT.—The Secretary 

2 shall establish a safe streets program to elimi3 nate the occurrence of transportation-related fa4 talities and serious injuries on public roads, 

5 with a focus on vulnerable road users. 

6 ‘‘(B) AMOUNT.—Of the funds apportioned 

7 to a State under section 104(b)(3) for each fis8 cal year, the Secretary shall reserve an amount 

9 such that— 

10 ‘‘(i) the Secretary reserves a total 

11 under this subsection of $500,000,000 for 

12 each of fiscal years 2023 through 2026; 

13 and 

14 ‘‘(ii) the State’s share of that total is 

15 distributed in the same manner as the 

16 amount apportioned to the State under 

17 section 104(b)(3) for each fiscal year bears 

18 to the total amount of funds apportioned 

19 to all States under such section. 

20 ‘‘(2) SUBALLOCATION.—For each fiscal year for 

21 which funds are set aside under this subsection, 

22 such funds shall be obligated within a State in the 

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1 section, the percentage referred to in section 

2 133(d)(1)(A) shall be treated as 100 percent. 

3 ‘‘(3) USE OF FUNDS.— 

4 ‘‘(A) IN GENERAL.—Funds set aside under 

5 this subsection shall be available for obliga6 tion— 

7 ‘‘(i) for a complete streets project that 

8 supports the safe, comfortable, convenient, 

9 and independent movement of all users of 

10 the transportation system, of all ages and 

11 abilities, consistent with context sensitive 

12 design principles; 

13 ‘‘(ii) for activities eligible under the 

14 safe routes to school program under sec15 tion 211; 

16 ‘‘(iii) to develop and implement the 

17 policies and procedures described in section 

18 109(s); 

19 ‘‘(iv) for any element of vision zero 

20 planning described under section 1601 of 

21 the INVEST in America Act and to imple22 ment an existing vision zero plan; 

23 ‘‘(v) for other activities in furtherance 

24 of the vulnerable road user safety assess25 ment of the State or the metropolitan 


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1 planning organization described under sub2 section (l); and 

3 ‘‘(vi) for any other project, program, 

4 or plan eligible under this section that pro5 vides for the safe and adequate accommo6 dation of all users of the surface transpor7 tation network, as determined by the Sec8 retary. 

9 ‘‘(B) SPECIAL RULE.—If a State or metro10 politan planning organization demonstrates to 

11 the satisfaction of the Secretary that such State 

12 or metropolitan planning organization has met 

13 all its needs for vulnerable road user safety 

14 under this section, the State or metropolitan 

15 planning organization may use funds made 

16 available under this subsection for other high17 way safety improvement program purposes, 

18 subject to the suballocation under paragraph 

19 (2). The Secretary may not make a determina20 tion under this subparagraph if the State or 

21 metropolitan planning organization has been 

22 subject to the special rule described in sub23 section (g)(3) within the last 5 years.’’. 


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1 SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS. 

2 (a) IN GENERAL.—Chapter 2 of title 23, United 

3 States Code, is amended by inserting after section 211 (as 

4 added 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 

8 and cooperative agreements with qualified youth service 

9 or conservation corps, as described in sections 122(a)(2) 

10 of the National and Community Service Act of 1990 (42 

11 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and 

12 Community Service Trust Act of 1993 (42 U.S.C. 

13 12656(c)(3)) to perform appropriate projects eligible 

14 under sections 133(h), 162, 206, and 211. 

15 ‘‘(b) REQUIREMENTS.—Under any contract or coop16 erative agreement entered into with a qualified youth serv17 ice or conservation corps under this section, the Secretary 

18 shall— 

19 ‘‘(1) set the amount of a living allowance or 

20 rate of pay for each participant in such corps at— 

21 ‘‘(A) such amount or rate as required 

22 under State law in a State with such require23 ments; or 

24 ‘‘(B) for corps in States not described in 

25 subparagraph (A), at such amount or rate as 

26 determined by the Secretary, not to exceed the 


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1 maximum living allowance authorized by section 

2 140 of the National and Community Service 

3 Act of 1990 (42 U.S.C. 12594); and 

4 ‘‘(2) not subject such corps to the requirements 

5 of section 112 or 113.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 2 of title 23, United States Code, is amended by insert8 ing after the item relating to section 211 (as added by 

9 this Act) the following: 

‘‘212. Use of youth service and conservation corps.’’. 

10 Subtitle C—Project-Level 

11 Investments 

12 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG13 NIFICANCE. 

14 (a) IN GENERAL.—Section 117 of title 23, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 117. Projects of national and regional significance 

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab18 lish a projects of national and regional significance pro19 gram under which the Secretary may make grants to, and 

20 establish multiyear grant agreements with, eligible entities 

21 in accordance with this section. 

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

23 under this section, an eligible entity shall submit to the 

24 Secretary an application in such form, in such manner, 


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1 and containing such information as the Secretary may re2 quire. 

3 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 

4 ‘‘(1) IN GENERAL.—Each grant made under 

5 this section— 

6 ‘‘(A) shall be in an amount that is at least 

7 $25,000,000; and 

8 ‘‘(B) shall be for a project that has eligible 

9 project costs that are reasonably anticipated to 

10 equal or exceed the lesser of— 

11 ‘‘(i) $100,000,000; or 

12 ‘‘(ii) in the case of a project— 

13 ‘‘(I) located in 1 State or terri14 tory, 30 percent of the amount appor15 tioned under this chapter to the State 

16 or territory in the most recently com17 pleted fiscal year; or 

18 ‘‘(II) located in more than 1 

19 State or territory, 50 percent of the 

20 amount apportioned under this chap21 ter to the participating State or terri22 tory with the largest apportionment 

23 under this chapter in the most re24 cently completed fiscal year. 


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1 ‘‘(2) LARGE PROJECTS.—For a project that has 

2 eligible project costs that are reasonably anticipated 

3 to equal or exceed $500,000,000, a grant made 

4 under this section— 

5 ‘‘(A) shall be in an amount sufficient to 

6 fully fund the project, or in the case of a public 

7 transportation project, a minimum operable 

8 segment, in combination with other funding 

9 sources, including non-Federal financial com10 mitment, identified in the application; and 

11 ‘‘(B) may be awarded pursuant to the 

12 process under subsection (d), as necessary 

13 based on the amount of the grant. 

14 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE

15 PROJECTS.— 

16 ‘‘(1) IN GENERAL.—A large project that re17 ceives a grant under this section may be carried out 

18 through a multiyear grant agreement in accordance 

19 with this subsection. 

20 ‘‘(2) REQUIREMENTS.—A multiyear grant 

21 agreement for a large project shall— 

22 ‘‘(A) establish the terms of participation by 

23 the Federal Government in the project; 

24 ‘‘(B) establish the amount of Federal fi25 nancial assistance for the project; 


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1 ‘‘(C) establish a schedule of anticipated 

2 Federal obligations for the project that provides 

3 for obligation of the full grant amount by not 

4 later than 4 fiscal years after the fiscal year in 

5 which the initial amount is provided; and 

6 ‘‘(D) determine the period of time for com7 pleting the project, even if such period extends 

8 beyond the period of an authorization. 

9 ‘‘(3) SPECIAL RULES.— 

10 ‘‘(A) IN GENERAL.—A multiyear grant 

11 agreement under this subsection— 

12 ‘‘(i) shall obligate an amount of avail13 able budget authority specified in law; and 

14 ‘‘(ii) may include a commitment, con15 tingent on amounts to be specified in law 

16 in advance for commitments under this 

17 paragraph, to obligate an additional 

18 amount from future available budget au19 thority specified in law. 

20 ‘‘(B) CONTINGENT COMMITMENT.—A con21 tingent commitment under this subsection is 

22 not an obligation of the Federal Government 

23 under section 1501 of title 31. 

24 ‘‘(C) INTEREST AND OTHER FINANCING

25 COSTS.— 


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1 ‘‘(i) IN GENERAL.—Interest and other 

2 financing costs of carrying out a part of 

3 the project within a reasonable time shall 

4 be considered a cost of carrying out the 

5 project under a multiyear grant agreement, 

6 except that eligible costs may not be more 

7 than the cost of the most favorable financ8 ing terms reasonably available for the 

9 project at the time of borrowing. 

10 ‘‘(ii) CERTIFICATION.—The applicant 

11 shall certify to the Secretary that the ap12 plicant has shown reasonable diligence in 

13 seeking the most favorable financing 

14 terms. 

15 ‘‘(4) ADVANCE PAYMENT.—An eligible entity 

16 carrying out a large project under a multiyear grant 

17 agreement— 

18 ‘‘(A) may use funds made available to the 

19 eligible entity under this title or title 49 for eli20 gible project costs of the large project; and 

21 ‘‘(B) shall be reimbursed, at the option of 

22 the eligible entity, for such expenditures from 

23 the amount made available under the multiyear 

24 grant agreement for the project in that fiscal 

25 year or a subsequent fiscal year. 


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1 ‘‘(e) ELIGIBLE PROJECTS.— 

2 ‘‘(1) IN GENERAL.—The Secretary may make a 

3 grant under this section only for a project that is a 

4 project eligible for assistance under this title or 

5 chapter 53 of title 49 and is— 

6 ‘‘(A) a bridge project carried out on the 

7 National Highway System, or that is eligible to 

8 be carried out under section 165; 

9 ‘‘(B) a project to improve person through10 put that is— 

11 ‘‘(i) a highway project carried out on 

12 the National Highway System, or that is 

13 eligible to be carried out under section 

14 165; 

15 ‘‘(ii) a public transportation project; 

16 or 

17 ‘‘(iii) a capital project, as such term is 

18 defined in section 22906 of title 49, to im19 prove intercity rail passenger transpor20 tation; or 

21 ‘‘(C) a project to improve freight through22 put that is— 

23 ‘‘(i) a highway freight project carried 

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1 work established under section 167 or on 

2 the National Highway System; 

3 ‘‘(ii) a freight intermodal, freight rail, 

4 or railway-highway grade crossing or grade 

5 separation project; or 

6 ‘‘(iii) within the boundaries of a public 

7 or private freight rail, water (including 

8 ports), or intermodal facility and that is a 

9 surface transportation infrastructure 

10 project necessary to facilitate direct inter11 modal interchange, transfer, or access into 

12 or out of the facility. 

13 ‘‘(2) LIMITATION.— 

14 ‘‘(A) CERTAIN FREIGHT PROJECTS.— 

15 Projects described in clauses (ii) and (iii) of 

16 paragraph (1)(C) may receive a grant under 

17 this section only if— 

18 ‘‘(i) the project will make a significant 

19 improvement to the movement of freight 

20 on the National Highway System; and 

21 ‘‘(ii) the Federal share of the project 

22 funds only elements of the project that 

23 provide public benefits. 

24 ‘‘(B) CERTAIN PROJECTS FOR PERSON

25 THROUGHPUT.—Projects described in clauses 


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1 (ii) and (iii) of paragraph (1)(B) may receive a 

2 grant under this section only if the project will 

3 make a significant improvement in mobility on 

4 public roads. 

5 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 

6 receiving a grant under this section may use such grant 

7 for— 

8 ‘‘(1) development phase activities, including 

9 planning, feasibility analysis, revenue forecasting, 

10 environmental review, preliminary engineering and 

11 design work, and other preconstruction activities; 

12 and 

13 ‘‘(2) construction, reconstruction, rehabilitation, 

14 acquisition of real property (including land related 

15 to the project and improvements to the land), envi16 ronmental mitigation, construction contingencies, ac17 quisition of equipment, and operational improve18 ments directly related to improving system perform19 ance. 

20 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 

21 select a project described under this section for funding 

22 under this section only if the Secretary determines that 

23 the project— 


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1 ‘‘(1) generates significant regional or national 

2 economic, mobility, safety, resilience, or environ3 mental benefits; 

4 ‘‘(2) is cost effective; 

5 ‘‘(3) is based on the results of preliminary engi6 neering; 

7 ‘‘(4) has secured or will secure acceptable levels 

8 of non-Federal financial commitments, including— 

9 ‘‘(A) one or more stable and dependable 

10 sources of funding and financing to construct, 

11 maintain, and operate the project; and 

12 ‘‘(B) contingency amounts to cover unan13 ticipated cost increases; 

14 ‘‘(5) cannot be easily and efficiently completed 

15 without additional Federal funding or financial as16 sistance available to the project sponsor, beyond ex17 isting Federal apportionments; and 

18 ‘‘(6) is reasonably expected to begin construc19 tion not later than 18 months after the date of obli20 gation of funds for the project. 

21 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 

22 ‘‘(1) MERIT CRITERIA.—In awarding a grant 

23 under this section, the Secretary shall evaluate the 

24 following merit criteria: 


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1 ‘‘(A) The extent to which the project sup2 ports achieving a state of good repair. 

3 ‘‘(B) The level of benefits the project is ex4 pected to generate, including— 

5 ‘‘(i) the costs avoided by the preven6 tion of closure or reduced use of the asset 

7 to be improved by the project; 

8 ‘‘(ii) reductions in maintenance costs 

9 over the life of the asset; 

10 ‘‘(iii) safety benefits, including the re11 duction of accidents and related costs; 

12 ‘‘(iv) improved person or freight 

13 throughput, including congestion reduction 

14 and reliability improvements; 

15 ‘‘(v) national and regional economic 

16 benefits; 

17 ‘‘(vi) resilience benefits, including the 

18 ability to withstand disruptions from a 

19 seismic event; 

20 ‘‘(vii) environmental benefits, includ21 ing reduction in greenhouse gas emissions 

22 and air quality benefits; and 

23 ‘‘(viii) benefits to all users of the 

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1 vehicular, railroad, and public transpor2 tation users. 

3 ‘‘(C) How the benefits compare to the 

4 costs of the project. 

5 ‘‘(D) The average number of people or vol6 ume of freight, as applicable, supported by the 

7 project, including visitors based on travel and 

8 tourism. 

9 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In 

10 awarding a grant under this section, the Secretary 

11 shall consider the following: 

12 ‘‘(A) Whether the project spans at least 1 

13 border between 2 States. 

14 ‘‘(B) Whether the project serves low-in15 come residents of low-income communities, in16 cluding areas of persistent poverty, while not 

17 displacing such residents. 

18 ‘‘(C) Whether the project uses innovative 

19 technologies, innovative design and construction 

20 techniques, or pavement materials that dem21 onstrate reductions in greenhouse gas emissions 

22 through sequestration or innovative manufac23 turing processes and, if so, the degree to which 

24 such technologies, techniques, or materials are 

25 used. 


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1 ‘‘(D) Whether the project improves 

2 connectivity between modes of transportation 

3 moving people or goods in the Nation or region. 

4 ‘‘(E) Whether the project provides new or 

5 improved connections between at least two met6 ropolitan areas with a population of at least 

7 500,000. 

8 ‘‘(F) Whether the project would replace, 

9 reconstruct, or rehabilitate a high-commuter 

10 corridor (as such term is defined in section 

11 203(a)(6)) that is in poor condition. 

12 ‘‘(i) PROJECT SELECTION.— 

13 ‘‘(1) EVALUATION.—To evaluate applications 

14 for funding under this section, the Secretary shall— 

15 ‘‘(A) determine whether a project is eligible 

16 for a grant under this section; 

17 ‘‘(B) evaluate, through a methodology that 

18 is discernible and transparent to the public, 

19 how each application addresses the merit cri20 teria pursuant to subsection (h); 

21 ‘‘(C) assign a quality rating for each merit 

22 criteria for each application based on the eval23 uation in subparagraph (B); 

24 ‘‘(D) ensure that applications receive final 

25 consideration by the Secretary to receive an 


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1 award under this section only on the basis of 

2 such quality ratings and that the Secretary 

3 gives final consideration only to applications 

4 that meet the minimally acceptable level for 

5 each of the merit criteria; and 

6 ‘‘(E) award grants only to projects rated 

7 highly under the evaluation and rating process. 

8 ‘‘(2) CONSIDERATIONS FOR LARGE

9 PROJECTS.—In awarding a grant for a large project, 

10 the Secretary shall— 

11 ‘‘(A) consider the amount of funds avail12 able in future fiscal years for the program 

13 under this section; and 

14 ‘‘(B) assume the availability of funds in fu15 ture fiscal years for the program that extend 

16 beyond the period of authorization based on the 

17 amount made available for the program in the 

18 last fiscal year of the period of authorization. 

19 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 

20 grants under this section, the Secretary shall ensure 

21 geographic diversity and a balance between rural 

22 and urban communities among grant recipients over 

23 fiscal years 2023 through 2026. 

24 ‘‘(4) PUBLICATION OF METHODOLOGY.— 


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1 ‘‘(A) IN GENERAL.—Prior to the issuance 

2 of any notice of funding opportunity for grants 

3 under this section, the Secretary shall publish 

4 and make publicly available on the Depart5 ment’s website— 

6 ‘‘(i) a detailed explanation of the 

7 merit criteria developed under subsection 

8 (h); 

9 ‘‘(ii) a description of the evaluation 

10 process under this subsection; and 

11 ‘‘(iii) how the Secretary shall deter12 mine whether a project satisfies each of 

13 the requirements under subsection (g). 

14 ‘‘(B) UPDATES.—The Secretary shall up15 date and make publicly available on the website 

16 of the Department of Transportation such in17 formation at any time a revision to the informa18 tion described in subparagraph (A) is made. 

19 ‘‘(C) INFORMATION REQUIRED.—The Sec20 retary shall include in the published notice of 

21 funding opportunity for a grant under this sec22 tion detailed information on the rating method23 ology and merit criteria to be used to evaluate 

24 applications, or a reference to the information 


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1 on the website of the Department of Transpor2 tation, as required by subparagraph (A). 

3 ‘‘(j) FEDERAL SHARE.— 

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

5 cost of a project carried out with a grant under this 

6 section may not exceed 60 percent. 

7 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed8 eral assistance other than a grant under this section 

9 may be used to satisfy the non-Federal share of the 

10 cost of a project for which such a grant is made, ex11 cept that the total Federal assistance provided for a 

12 project receiving a grant under this section may not 

13 exceed 80 percent of the total project cost. 

14 ‘‘(k) BRIDGE INVESTMENTS.—Of the amounts made 

15 available to carry out this section, the Secretary shall re16 serve not less than $1,000,000,000 in each fiscal year to 

17 make grants for projects described in subsection (e)(1)(A). 

18 ‘‘(l) TREATMENT OF PROJECTS.— 

19 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

20 shall, with respect to a project funded by a grant 

21 under this section, apply— 

22 ‘‘(A) the requirements of this title to a 

23 highway project; 

24 ‘‘(B) the requirements of chapter 53 of 

25 title 49 to a public transportation project; and 


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1 ‘‘(C) the requirements of section 22905 of 

2 title 49 to a passenger rail or freight rail 

3 project. 

4 ‘‘(2) MULTIMODAL PROJECTS.— 

5 ‘‘(A) IN GENERAL.—Except as otherwise 

6 provided in this paragraph, if an eligible project 

7 is a multimodal project, the Secretary shall— 

8 ‘‘(i) determine the predominant modal 

9 component of the project; and 

10 ‘‘(ii) apply the applicable requirements 

11 of such predominant modal component to 

12 the project. 

13 ‘‘(B) EXCEPTIONS.— 

14 ‘‘(i) PASSENGER OR FREIGHT RAIL

15 COMPONENT.—For any passenger or 

16 freight rail component of a project, the re17 quirements of section 22907(j)(2) of title 

18 49 shall apply. 

19 ‘‘(ii) PUBLIC TRANSPORTATION COM20 PONENT.—For any public transportation 

21 component of a project, the requirements 

22 of section 5333 of title 49 shall apply. 

23 ‘‘(C) BUY AMERICA.—In applying the Buy 

24 America requirements under section 313 of this 

25 title and sections 5320, 22905(a), and 24305(f) 


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1 of title 49 to a multimodal project under this 

2 paragraph, the Secretary shall— 

3 ‘‘(i) consider the various modal com4 ponents of the project; and 

5 ‘‘(ii) seek to maximize domestic jobs. 

6 ‘‘(m) TIFIA PROGRAM.—At the request of an eligible 

7 entity under this section, the Secretary may use amounts 

8 awarded to the entity to pay subsidy and administrative 

9 costs necessary to provide the entity Federal credit assist10 ance under chapter 6 with respect to the project for which 

11 the grant was awarded. 

12 ‘‘(n) ADMINISTRATION.—Of the amounts made avail13 able to carry out this section, the Secretary may use up 

14 to $5,000,000 for the costs of administering the program 

15 under this section. 

16 ‘‘(o) TECHNICAL ASSISTANCE.—Of the amounts 

17 made available to carry out this section, the Secretary may 

18 reserve up to $5,000,000 to provide technical assistance 

19 to eligible entities. 

20 ‘‘(p) CONGRESSIONAL REVIEW.— 

21 ‘‘(1) NOTIFICATION.—Not less than 60 days be22 fore making an award under this section, the Sec23 retary shall submit to the Committee on Transpor24 tation and Infrastructure of the House of Represent25 atives and the Committee on Environment and PubVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 lic Works, the Committee on Banking, Housing, and 

2 Urban Affairs, and the Committee on Commerce, 

3 Science, and Transportation of the Senate— 

4 ‘‘(A) a list of all applications determined to 

5 be eligible for a grant by the Secretary; 

6 ‘‘(B) the quality ratings assigned to each 

7 application pursuant to subsection (i); 

8 ‘‘(C) a list of applications that received 

9 final consideration by the Secretary to receive 

10 an award under this section; 

11 ‘‘(D) each application proposed to be se12 lected for a grant award; 

13 ‘‘(E) proposed grant amounts, including 

14 for each new multiyear grant agreement, the 

15 proposed payout schedule for the project; and 

16 ‘‘(F) an analysis of the impacts of any 

17 large projects proposed to be selected on exist18 ing commitments and anticipated funding levels 

19 for the next 4 fiscal years, based on information 

20 available to the Secretary at the time of the re21 port. 

22 ‘‘(2) COMMITTEE REVIEW.—Before the last day 

23 of the 60-day period described in paragraph (1), 

24 each Committee described in paragraph (1) shall re25 view the Secretary’s list of proposed projects. 


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1 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec2 retary may not make a grant or any other obligation 

3 or commitment to fund a project under this section 

4 if a joint resolution is enacted disapproving funding 

5 for the project before the last day of the 60-day pe6 riod described in paragraph (1). 

7 ‘‘(q) TRANSPARENCY.— 

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

9 after awarding a grant for a project under this sec10 tion, the Secretary shall send to all applicants, and 

11 publish on the website of the Department of Trans12 portation— 

13 ‘‘(A) a summary of each application made 

14 to the program for the grant application period; 

15 and 

16 ‘‘(B) the evaluation and justification for 

17 the project selection, including ratings assigned 

18 to all applications and a list of applications that 

19 received final consideration by the Secretary to 

20 receive an award under this section, for the 

21 grant application period. 

22 ‘‘(2) BRIEFING.—The Secretary shall provide, 

23 at the request of a grant applicant under this sec24 tion, the opportunity to receive a briefing to explain 


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1 any reasons the grant applicant was not awarded a 

2 grant. 

3 ‘‘(r) DEFINITION OF ELIGIBLE ENTITY.—In this sec4 tion, the term ‘eligible entity’ means— 

5 ‘‘(1) a State or a group of States; 

6 ‘‘(2) a unit of local government, including a 

7 metropolitan planning organization, or a group of 

8 local governments; 

9 ‘‘(3) a political subdivision of a State or local 

10 government; 

11 ‘‘(4) a special purpose district or public author12 ity with a transportation function, including a port 

13 authority; 

14 ‘‘(5) an Indian Tribe or Tribal organization; 

15 ‘‘(6) a Federal agency eligible to receive funds 

16 under section 201, 203, or 204, including the Army 

17 Corps of Engineers, Bureau of Reclamation, and the 

18 Bureau of Land Management, that applies jointly 

19 with a State or group of States; 

20 ‘‘(7) a territory; and 

21 ‘‘(8) a multistate or multijurisdictional group of 

22 entities described in this paragraph.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 1 of title 23, United States Code, is amended by strikVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 ing the item relating to section 117 and inserting the fol2 lowing: 

‘‘117. Projects of national and regional significance.’’. 

3 SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 

4 GRANT PROGRAM. 

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

6 States Code, as amended by this title, is further amended 

7 by adding at the end the following: 

8 ‘‘§ 173. Community transportation investment grant 

9 program 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab11 lish a community transportation investment grant pro12 gram to improve surface transportation safety, state of 

13 good repair, accessibility, and environmental quality 

14 through infrastructure investments. 

15 ‘‘(b) GRANT AUTHORITY.— 

16 ‘‘(1) IN GENERAL.—In carrying out the pro17 gram established under subsection (a), the Secretary 

18 shall make grants, on a competitive basis, to eligible 

19 entities in accordance with this section. 

20 ‘‘(2) GRANT AMOUNT.—The maximum amount 

21 of a grant under this section shall be $25,000,000. 

22 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 

23 this section, an eligible entity shall submit to the Secretary 

24 an application in such form, at such time, and containing 

25 such information as the Secretary may require. 


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1 ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 

2 an eligible project carried out under this section may be 

3 used for— 

4 ‘‘(1) development phase activities, including 

5 planning, feasibility analysis, revenue forecasting, 

6 environmental review, preliminary engineering and 

7 design work, and other preconstruction activities; 

8 and 

9 ‘‘(2) construction, reconstruction, rehabilitation, 

10 acquisition of real property (including land related 

11 to the project and improvements to such land), envi12 ronmental mitigation, construction contingencies, ac13 quisition of equipment, and operational improve14 ments. 

15 ‘‘(e) RURAL AND COMMUNITY SETASIDES.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall re17 serve— 

18 ‘‘(A) not less than 25 percent of the 

19 amounts made available to carry out this sec20 tion for projects located in rural areas; and 

21 ‘‘(B) not less than 25 percent of the 

22 amounts made available to carry out this sec23 tion for projects located in urbanized areas with 

24 a population greater than 49,999 individuals 

25 and fewer than 200,001 individuals. 


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1 ‘‘(2) DEFINITION OF RURAL AREA.—In this 

2 subsection, the term ‘rural area’ means all areas of 

3 a State or territory not included in urbanized areas. 

4 ‘‘(3) EXCESS FUNDING.—If the Secretary de5 termines that there are insufficient qualified appli6 cants to use the funds set aside under this sub7 section, the Secretary may use such funds for grants 

8 for any projects eligible under this section. 

9 ‘‘(f) EVALUATION.—To evaluate applications under 

10 this section, the Secretary shall— 

11 ‘‘(1) develop a process to objectively evaluate 

12 applications on the benefits of the project proposed 

13 in such application— 

14 ‘‘(A) to transportation safety, including re15 ductions in traffic fatalities and serious injuries; 

16 ‘‘(B) to state of good repair, including im17 proved condition of bridges and pavements; 

18 ‘‘(C) to transportation system access, in19 cluding improved access to jobs and services; 

20 and 

21 ‘‘(D) in reducing greenhouse gas emis22 sions; 

23 ‘‘(2) develop a rating system to assign a nu24 meric value to each application, based on each of the 

25 criteria described in paragraph (1); 


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1 ‘‘(3) for each application submitted, compare 

2 the total benefits of the proposed project, as deter3 mined by the rating system developed under para4 graph (2), with the costs of such project, and rank 

5 each application based on the results of the compari6 son; and 

7 ‘‘(4) ensure that only such applications that are 

8 ranked highly based on the results of the comparison 

9 conducted under paragraph (3) are considered to re10 ceive a grant under this section. 

11 ‘‘(g) WEIGHTING.—In establishing the evaluation 

12 process under subsection (f), the Secretary may assign dif13 ferent weights to the criteria described in subsection (f)(1) 

14 based on project type, population served by a project, and 

15 other context-sensitive considerations, provided that— 

16 ‘‘(1) each application is rated on all criteria de17 scribed in subsection (f)(1); and 

18 ‘‘(2) each application has the same possible 

19 minimum and maximum rating, regardless of any 

20 differences in the weighting of criteria. 

21 ‘‘(h) TRANSPARENCY.— 

22 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.— 

23 Prior to the issuance of any notice of funding oppor24 tunity under this section, the Secretary shall make 

25 publicly available on the website of the Department 


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1 of Transportation a detailed explanation of the eval2 uation and rating process developed under sub3 section (f), including any differences in the 

4 weighting of criteria pursuant to subsection (g), if 

5 applicable, and update such website for each revision 

6 of the evaluation and rating process. 

7 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec8 retary shall submit to the Committee on Transpor9 tation and Infrastructure of the House of Represent10 atives, the Committee on Environment and Public 

11 Works of the Senate, the Committee on Banking, 

12 Housing, and Urban Affairs of the Senate, and the 

13 Committee on Commerce, Science, and Transpor14 tation of the Senate the following written notifica15 tions: 

16 ‘‘(A) A notification when the Secretary 

17 publishes or updates the information required 

18 under paragraph (1). 

19 ‘‘(B) Not later than 30 days prior to the 

20 date on which the Secretary awards a grant 

21 under this section, a notification that in22 cludes— 

23 ‘‘(i) the ratings of each application 

24 submitted pursuant to subsection (f)(2); 


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1 ‘‘(ii) the ranking of each application 

2 submitted pursuant to subsection (f)(3); 

3 and 

4 ‘‘(iii) a list of all applications that re5 ceive final consideration by the Secretary 

6 to receive an award under this section pur7 suant to subsection (f)(4). 

8 ‘‘(C) Not later than 3 business days prior 

9 to the date on which the Secretary announces 

10 the award of a grant under this section, a noti11 fication describing each grant to be awarded, 

12 including the amount and the recipient. 

13 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts 

14 made available to carry out this section, the Secretary may 

15 reserve up to $3,000,000 to provide technical assistance 

16 to eligible entities. 

17 ‘‘(j) ADMINISTRATION.—Of the amounts made avail18 able to carry out this section, the Secretary may reserve 

19 up to $5,000,000 for the administrative costs of carrying 

20 out the program under this section. 

21 ‘‘(k) TREATMENT OF PROJECTS.— 

22 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

23 shall, with respect to a project funded by a grant 

24 under this section, apply— 


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1 ‘‘(A) the requirements of this title to a 

2 highway project; 

3 ‘‘(B) the requirements of chapter 53 of 

4 title 49 to a public transportation project; and 

5 ‘‘(C) the requirements of section 22905 of 

6 title 49 to a passenger rail or freight rail 

7 project. 

8 ‘‘(2) MULTIMODAL PROJECTS.— 

9 ‘‘(A) IN GENERAL.—Except as otherwise 

10 provided in this paragraph, if an eligible project 

11 is a multimodal project, the Secretary shall— 

12 ‘‘(i) determine the predominant modal 

13 component of the project; and 

14 ‘‘(ii) apply the applicable requirements 

15 of such predominant modal component to 

16 the project. 

17 ‘‘(B) EXCEPTIONS.— 

18 ‘‘(i) PASSENGER OR FREIGHT RAIL

19 COMPONENT.—For any passenger or 

20 freight rail component of a project, the re21 quirements of section 22907(j)(2) of title 

22 49 shall apply. 

23 ‘‘(ii) PUBLIC TRANSPORTATION COM24 PONENT.—For any public transportation 


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1 component of a project, the requirements 

2 of section 5333 of title 49 shall apply. 

3 ‘‘(C) BUY AMERICA.—In applying the Buy 

4 America requirements under section 313 of this 

5 title and sections 5320, 22905(a), and 24305(f) 

6 of title 49 to a multimodal project under this 

7 paragraph, the Secretary shall— 

8 ‘‘(i) consider the various modal com9 ponents of the project; and 

10 ‘‘(ii) seek to maximize domestic jobs. 

11 ‘‘(l) TRANSPARENCY.— 

12 ‘‘(1) IN GENERAL.—Not later than 30 days 

13 after awarding a grant for a project under this sec14 tion, the Secretary shall send to all applicants, and 

15 publish on the website of the Department of Trans16 portation— 

17 ‘‘(A) a summary of each application made 

18 to the program for the grant application period; 

19 and 

20 ‘‘(B) the evaluation and justification for 

21 the project selection, including ratings and 

22 rankings assigned to all applications and a list 

23 of applications that received final consideration 

24 by the Secretary to receive an award under this 

25 section, for the grant application period. 


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1 ‘‘(2) BRIEFING.—The Secretary shall provide, 

2 at the request of a grant applicant under this sec3 tion, the opportunity to receive a briefing to explain 

4 any reasons the grant applicant was not awarded a 

5 grant. 

6 ‘‘(m) DEFINITIONS.—In this section: 

7 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en8 tity’ means— 

9 ‘‘(A) a metropolitan planning organization; 

10 ‘‘(B) a unit of local government; 

11 ‘‘(C) a transit agency; 

12 ‘‘(D) an Indian Tribe or Tribal organiza13 tion; 

14 ‘‘(E) a multijurisdictional group of entities 

15 described in this paragraph; 

16 ‘‘(F) a special purpose district with a 

17 transportation function or a port authority; 

18 ‘‘(G) a territory; or 

19 ‘‘(H) a State that applies for a grant 

20 under this section jointly with an entity de21 scribed in subparagraphs (A) through (G). 

22 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 

23 project’ means any project eligible under this title or 

24 chapter 53 of title 49.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 1 of title 23, United States Code, is further amended 

3 by adding at the end the following new item: 

‘‘173. Community transportation investment grant program.’’. 

4 SEC. 1303. CLEAN CORRIDORS PROGRAM. 

5 (a) PURPOSE.—The purpose of this section is to es6 tablish a formula program to strategically deploy electric 

7 vehicle charging infrastructure along designated alter8 native fuel corridors that will be accessible to all drivers 

9 of electric vehicles. 

10 (b) NATIONAL ELECTRIC VEHICLE CHARGING AND

11 HYDROGEN, PROPANE, AND NATURAL GAS FUELING

12 CORRIDORS.—Section 151 of title 23, United States Code, 

13 is amended— 

14 (1) in subsection (a) by striking ‘‘Not later 

15 than 1 year after the date of enactment of the 

16 FAST Act, the Secretary shall’’ and inserting ‘‘The 

17 Secretary shall periodically’’; 

18 (2) in subsection (b)(2) by inserting ‘‘previously 

19 designated by the Federal Highway Administration 

20 or’’ after ‘‘fueling corridors’’; 

21 (3) in subsection (d)— 

22 (A) by striking ‘‘5 years after the date of 

23 establishment of the corridors under subsection 

24 (a), and every 5 years thereafter’’ and inserting 


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1 ‘‘180 days after the date of enactment of the 

2 INVEST in America Act’’; and 

3 (B) by inserting ‘‘establish a recurring 

4 process to regularly’’ after ‘‘the Secretary 

5 shall’’; 

6 (4) in subsection (e)— 

7 (A) in paragraph (1) by striking ‘‘; and’’ 

8 and inserting a semicolon; 

9 (B) in paragraph (2)— 

10 (i) by striking ‘‘establishes an aspira11 tional goal of achieving’’ and inserting ‘‘de12 scribes efforts to achieve’’; and 

13 (ii) by striking ‘‘by the end of fiscal 

14 year 2020.’’ and inserting ‘‘, including 

15 progress on the implementation of sub16 section (f); and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(3) summarizes best practices and provides 

19 guidance, developed through consultation with the 

20 Secretary of Energy, for project development of elec21 tric vehicle charging infrastructure to allow for the 

22 predictable deployment of such infrastructure.’’; and 

23 (5) by adding at the end the following: 

24 ‘‘(f) CLEAN CORRIDORS PROGRAM.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established a 

2 clean corridors program (referred to in this sub3 section as the ‘‘Program’’) to provide funding to 

4 States to strategically deploy electric vehicle charg5 ing and hydrogen fueling infrastructure along alter6 native fuel corridors and to establish an inter7 connected network to facilitate data collection, ac8 cess, and reliability. 

9 ‘‘(2) PURPOSE.—The purpose of the Program 

10 is to provide funding for— 

11 ‘‘(A) the acquisition and installation of 

12 electric vehicle charging infrastructure and hy13 drogen fueling infrastructure to serve as a cata14 lyst for the deployment of such infrastructure 

15 and to connect it to a network to facilitate data 

16 collection, access, and reliability; 

17 ‘‘(B) proper operation and maintenance of 

18 electric vehicle charging infrastructure; and 

19 ‘‘(C) data sharing about charging and fuel20 ing infrastructure to ensure the long-term suc21 cess of investments made through the Program. 

22 ‘‘(3) ALTERNATIVE DISTRIBUTION OF FUNDS.— 

23 ‘‘(A) PLAN.—The Secretary shall establish 

24 a deadline by which a State shall provide a plan 

25 to the Secretary, in such form and such manner 


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1 that the Secretary requires, describing how 

2 such State intends to use its allocation under 

3 this section. 

4 ‘‘(B) EFFICIENT OBLIGATION OF

5 FUNDS.—If a State fails to submit the plan re6 quired by subparagraph (A) to the Secretary in 

7 a timely manner, or if the Secretary determines 

8 a State has not taken sufficient action to carry 

9 out its plan, the Secretary may— 

10 ‘‘(i) withdraw from the State the 

11 funds that were apportioned to the State 

12 for a fiscal year under section 104(b)(10); 

13 ‘‘(ii) award such funds on a competi14 tive basis to local units of government 

15 within the State for use on projects that 

16 meet the eligibility requirements described 

17 in paragraph (4); and 

18 ‘‘(iii) ensure timely obligation of such 

19 funds. 

20 ‘‘(C) REDISTRIBUTION AMONG STATES.—If 

21 the Secretary determines that any funds with22 drawn from a State under subparagraph (B)(i) 

23 cannot be fully awarded to local units of gov24 ernment within the State under subparagraph 

25 (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 fis5 cal year have been withdrawn under sub6 paragraph (B)(i)) in the same ratio as 

7 funds apportioned for that fiscal year 

8 under section 104(b)(10)(C) for the Pro9 gram; and 

10 ‘‘(ii) only available to carry out this 

11 section. 

12 ‘‘(4) ELIGIBLE PROJECTS.— 

13 ‘‘(A) IN GENERAL.—Funding made avail14 able under this subsection shall be for 

15 projects— 

16 ‘‘(i) directly related to the electric 

17 charging or hydrogen fueling of a vehicle; 

18 and 

19 ‘‘(ii) only for infrastructure that is 

20 open to the general public or to authorized 

21 commercial motor vehicle operators from 

22 more than 1 company. 

23 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 

24 ‘‘(i) IN GENERAL.—Any charging or 

25 fueling infrastructure acquired or installed 


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1 with funding under this subsection shall be 

2 located along an alternative fuel corridor. 

3 ‘‘(ii) GUIDANCE.—Not later than 90 

4 days after the date of enactment of the 

5 INVEST in America Act, the Secretary of 

6 Transportation, in coordination with the 

7 Secretary of Energy, shall develop guid8 ance for States and localities to strategi9 cally deploy charging and fueling infra10 structure along alternative fuel corridors, 

11 consistent with this section. 

12 ‘‘(iii) ADDITIONAL CONSIDER13 ATIONS.—In developing the guidance re14 quired under clause (ii), the Secretary of 

15 Transportation, in coordination with the 

16 Secretary of Energy, shall consider— 

17 ‘‘(I) the distance between publicly 

18 available charging and fueling infra19 structure eligible under this section; 

20 ‘‘(II) connections to the electric 

21 grid or fuel distribution system, in22 cluding electric distribution upgrades, 

23 vehicle-to-grid integration, including 

24 smart charge management or other 

25 protocols that can minimize impacts 


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1 to the electric grid, and alignment 

2 with electric distribution interconnec3 tion processes; 

4 ‘‘(III) plans to protect the elec5 tric grid from added load of charging 

6 distribution systems from adverse im7 pacts of changing load patterns, in8 cluding through on site storage; 

9 ‘‘(IV) plans for the use of renew10 able energy sources to power charg11 ing, energy storage, and hydrogen fuel 

12 production; 

13 ‘‘(V) the proximity of existing 

14 off-highway travel centers, fuel retail15 ers, and small businesses to electric 

16 vehicle charging infrastructure ac17 quired or funded under this sub18 section; 

19 ‘‘(VI) the need for publicly avail20 able electric vehicle charging infra21 structure in rural corridors; 

22 ‘‘(VII) the long-term operation 

23 and maintenance of publicly available 

24 electric vehicle charging infrastructure 

25 to avoid stranded assets and protect 


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1 the investment of public funds in that 

2 infrastructure; 

3 ‘‘(VIII) existing private, national, 

4 State, local, Tribal, and territorial 

5 government electric vehicle charging 

6 infrastructure programs and incen7 tives; 

8 ‘‘(IX) fostering enhanced, coordi9 nated, public-private or private invest10 ment in charging and fueling infra11 structure; 

12 ‘‘(X) ensuring consumer protec13 tion and pricing transparency; and 

14 ‘‘(XI) any other factors, as deter15 mined by the Secretary. 

16 ‘‘(5) ELIGIBLE PROJECT COSTS.—Subject to 

17 paragraph (6), funds made available under this sub18 section may be used for— 

19 ‘‘(A) the acquisition or installation of elec20 tric vehicle charging or hydrogen fueling infra21 structure; 

22 ‘‘(B) operating assistance for costs allo23 cable to operating and maintaining infrastruc24 ture acquired or installed under this subsection, 

25 for a period not to exceed five years; 


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1 ‘‘(C) the acquisition or installation of traf2 fic control devices located in the right-of-way to 

3 provide directional information to infrastructure 

4 acquired, installed, or operated under this sub5 section; or 

6 ‘‘(D) on-premises signs to provide informa7 tion about infrastructure acquired, installed, or 

8 operated under this subsection. 

9 ‘‘(6) PROJECT REQUIREMENTS.—Not later than 

10 180 days after the date of enactment of the IN11 VEST in America Act, the Secretary of Transpor12 tation, in coordination with the Secretary of Energy, 

13 shall, as appropriate, develop standards and require14 ments related to— 

15 ‘‘(A) the installation, operation, or mainte16 nance by qualified technicians of electric vehicle 

17 charging infrastructure under this subsection; 

18 ‘‘(B) the physical, software, and payment 

19 interoperability of electric vehicle charging in20 frastructure under this subsection; 

21 ‘‘(C) any traffic control device or on-prem22 ises sign acquired, installed, or operated under 

23 this subsection; 

24 ‘‘(D) any data requested by the Secretary 

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1 section, including the format and schedule for 

2 the submission of such data; and 

3 ‘‘(E) network connectivity of electric vehi4 cle charging that includes measures to protect 

5 personal privacy and ensure cybersecurity. 

6 ‘‘(7) FEDERAL SHARE.—The Federal share 

7 payable for the cost of a project funded under this 

8 subsection shall be 80 percent. 

9 ‘‘(8) PERIOD OF AVAILABILITY.—Notwith10 standing section 118(b), funds made available for 

11 the Program shall be available until expended. 

12 ‘‘(9) ADDITIONAL ASSISTANCE GRANTS.—For 

13 each of fiscal years 2023 through 2026, before mak14 ing an apportionment under section 104(b)(10), the 

15 Secretary shall set aside, from amounts made avail16 able to carry out the clean corridors program under 

17 this subsection, $100,000,000 for grants to States 

18 or localities that require additional assistance to 

19 strategically deploy infrastructure eligible under this 

20 subsection along alternative fuel corridors to fill 

21 gaps in the national charging network, including in 

22 rural areas. 

23 ‘‘(10) DEFINITION OF ALTERNATIVE FUEL COR24 RIDORS.—In this subsection, the term ‘alternative 

25 fuel corridors’ means a fuel corridor— 


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1 ‘‘(A) designated under subsection (a); or 

2 ‘‘(B) equivalent to a fuel corridor described 

3 under such subsection that is designated, after 

4 consultation with any affected Indian Tribes or 

5 Tribal organizations, by a State or group of 

6 States.’’. 

7 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 

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

9 States Code, as amended by this title, is further amended 

10 by inserting after section 171 the following: 

11 ‘‘§ 172. Community climate innovation grants 

12 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab13 lish a community climate innovation grant program (in 

14 this section referred to as the ‘Program’) to make grants, 

15 on a competitive basis, for locally selected projects that 

16 reduce greenhouse gas emissions while improving the mo17 bility, accessibility, and connectivity of the surface trans18 portation system. 

19 ‘‘(b) PURPOSE.—The purpose of the Program shall 

20 be to support communities in reducing greenhouse gas 

21 emissions from the surface transportation system. 

22 ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 

23 make grants under the Program to the following entities: 

24 ‘‘(1) A metropolitan planning organization. 


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1 ‘‘(2) A unit of local government or a group of 

2 local governments, or a county or multi-county spe3 cial district. 

4 ‘‘(3) A subdivision of a local government. 

5 ‘‘(4) A transit agency. 

6 ‘‘(5) A special purpose district with a transpor7 tation function or a port authority. 

8 ‘‘(6) An Indian Tribe or Tribal organization. 

9 ‘‘(7) A territory. 

10 ‘‘(8) A multijurisdictional group of entities de11 scribed in paragraphs (1) through (7). 

12 ‘‘(d) APPLICATIONS.—To be eligible for a grant 

13 under the Program, an entity specified in subsection (c) 

14 shall submit to the Secretary an application in such form, 

15 at such time, and containing such information as the Sec16 retary determines appropriate. 

17 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 

18 provide a grant under the Program for a project that is 

19 expected to yield a significant reduction in greenhouse gas 

20 emissions from the surface transportation system and— 

21 ‘‘(1) is a project eligible for assistance under 

22 this title or under chapter 53 of title 49, or is a cap23 ital project for vehicles and facilities, whether pub24 licly or privately owned, that are used to provide 

25 intercity passenger service by bus; or 


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1 ‘‘(2) is a capital project as defined in section 

2 22906 of title 49 to improve intercity passenger rail 

3 that will yield a significant reduction in single occu4 pant vehicle trips and improve mobility on public 

5 roads. 

6 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a 

7 project under the Program may be used for— 

8 ‘‘(1) development phase activities, including 

9 planning, feasibility analysis, revenue forecasting, 

10 environmental review, preliminary engineering and 

11 design work, and other preconstruction activities; 

12 and 

13 ‘‘(2) construction, reconstruction, rehabilitation, 

14 acquisition of real property (including land related 

15 to the project and improvements to the land), envi16 ronmental mitigation, construction contingencies, ac17 quisition of equipment, and operational improve18 ments. 

19 ‘‘(g) PROJECT PRIORITIZATION.—In making grants 

20 for projects under the Program, the Secretary shall give 

21 priority to projects that are expected to yield the most sig22 nificant reductions in greenhouse gas emissions from the 

23 surface 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-oc7 cupant 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 trans12 portation, including public transportation, walking, 

13 and bicycling; 

14 ‘‘(4) an applicant has adequately considered or 

15 will adequately consider, including through the op16 portunity for public comment, the environmental jus17 tice and equity impacts of the project; 

18 ‘‘(5) a project contributes to geographic diver19 sity among grant recipients, including to achieve a 

20 balance between urban, suburban, and rural commu21 nities; 

22 ‘‘(6) a project serves low-income residents of 

23 low-income communities, including areas of per24 sistent poverty, while not displacing such residents; 


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1 ‘‘(7) a project uses pavement materials that 

2 demonstrate reductions in greenhouse gas emissions 

3 through sequestration or innovative manufacturing 

4 processes; 

5 ‘‘(8) a project repurposes neglected or 

6 underused infrastructure, including abandoned high7 ways, bridges, railways, trail ways, and adjacent 

8 underused spaces, into new hybrid forms of public 

9 space that support multiple modes of transportation; 

10 and 

11 ‘‘(9) a project includes regional multimodal 

12 transportation system management and operations 

13 elements that will improve the effectiveness of such 

14 project and encourage reduction of single occupancy 

15 trips by providing the ability of users to plan, use, 

16 and pay for multimodal transportation alternatives. 

17 ‘‘(i) FUNDING.— 

18 ‘‘(1) MAXIMUM AMOUNT.—The maximum 

19 amount of a grant under the Program shall be 

20 $25,000,000. 

21 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 

22 made available to carry out the Program, the Sec23 retary may use up to 1 percent to provide technical 

24 assistance to applicants and potential applicants. 

25 ‘‘(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 

5 highway project; 

6 ‘‘(B) the requirements of chapter 53 of 

7 title 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 

10 project. 

11 ‘‘(2) MULTIMODAL PROJECTS.— 

12 ‘‘(A) IN GENERAL.—Except as otherwise 

13 provided in this paragraph, if an eligible project 

14 is a multimodal project, the Secretary shall— 

15 ‘‘(i) determine the predominant modal 

16 component of the project; and 

17 ‘‘(ii) apply the applicable requirements 

18 of such predominant modal component to 

19 the project. 

20 ‘‘(B) EXCEPTIONS.— 

21 ‘‘(i) PASSENGER OR FREIGHT RAIL

22 COMPONENT.—For any passenger or 

23 freight rail component of a project, the re24 quirements of section 22907(j)(2) of title 

25 49 shall apply. 


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1 ‘‘(ii) PUBLIC TRANSPORTATION COM2 PONENT.—For any public transportation 

3 component of a project, the requirements 

4 of section 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 com11 ponents of the project; and 

12 ‘‘(ii) seek to maximize domestic jobs. 

13 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA14 CILITIES.—None of the funds provided under this section 

15 may be used for a project that will result in the construc16 tion of new capacity available to single occupant vehicles 

17 unless the project consists of a high-occupancy vehicle fa18 cility and is consistent with section 166. 

19 ‘‘(l) PUBLIC COMMENT.—Prior to issuing the notice 

20 of funding opportunity for funding under this section for 

21 fiscal year 2023, the Secretary, in consultation with the 

22 Administrator of the Environmental Protection Agency, 

23 shall solicit public comment on the method of determining 

24 the significant reduction in greenhouse gas emissions re25 quired 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 

3 shall consult with the Administrator of the Environmental 

4 Protection Agency to determine which projects are ex5 pected to yield a significant reduction in greenhouse gas 

6 emissions as required under subsection (e).’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 1 of title 23, United States Code, is amended by insert9 ing after the item relating to section 171 the following: 

‘‘172. Community climate innovation grants.’’. 

10 SEC. 1305. METRO PERFORMANCE PROGRAM. 

11 (a) ESTABLISHMENT.—The Secretary of Transpor12 tation shall establish a metro performance program in ac13 cordance with this section to enhance local decision mak14 ing and provide enhanced local control in transportation 

15 project delivery. 

16 (b) DIRECT RECIPIENT DESIGNATION.— 

17 (1) IN GENERAL.—The Secretary shall des18 ignate high-performing metropolitan planning orga19 nizations based on the criteria in paragraph (3) to 

20 be direct recipients of funds under this section. 

21 (2) AUTHORITY.—Nothing in this section shall 

22 be construed to prohibit a direct recipient from tak23 ing any action otherwise authorized to secure and 

24 expend Federal funds authorized under chapter 1 of 

25 title 23, United States Code. 


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1 (3) CRITERIA.—In designating an applicant 

2 under this subsection, the Secretary shall consider— 

3 (A) the legal, financial, and technical ca4 pacity of the applicant; 

5 (B) the level of coordination between the 

6 applicant and— 

7 (i) the State department of transpor8 tation of the State or States in which the 

9 metropolitan planning area represented by 

10 the applicant is located; 

11 (ii) local governments and providers of 

12 public transportation within the metropoli13 tan planning area represented by the appli14 cant; and 

15 (iii) if more than one metropolitan 

16 planning organization is designated within 

17 an urbanized area represented by the ap18 plicant, any other such metropolitan plan19 ning organization; 

20 (C) in the case of an applicant that rep21 resents an urbanized area population of greater 

22 than 200,000, the effectiveness of project deliv23 ery and timely obligation of funds made avail24 able under section 133(d)(1)(A)(i) of title 23, 

25 United States Code; 


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1 (D) if the applicant or a local government 

2 within the metropolitan planning area that the 

3 applicant represents has been the recipient of a 

4 discretionary grant from the Secretary within 

5 the preceding 5 years, the administration of 

6 such grant; 

7 (E) the extent to which the planning and 

8 decision making process of the applicant, in9 cluding the long-range transportation plan and 

10 the approved transportation improvement pro11 gram under section 134 of such title, support— 

12 (i) the performance goals established 

13 under section 150(b) of such title; and 

14 (ii) the achievement of metropolitan 

15 or statewide performance targets estab16 lished under section 150(d) of such title; 

17 (F) whether the applicant is a designated 

18 recipient of funds as described under subpara19 graphs (A) and (B) of section 5302(4) of title 

20 49, United States Code, or a direct recipient of 

21 funds under section 5307 of such title from the 

22 Federal Transit Administration; and 

23 (G) any other criteria established by the 

24 Secretary. 

25 (4) REQUIREMENTS.— 


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1 (A) CALL FOR NOMINATION.—Not later 

2 than February 1, 2022, the Secretary shall 

3 publish in the Federal Register a notice solic4 iting applications for designation under this 

5 subsection. 

6 (B) GUIDANCE.—The notification under 

7 paragraph (1) shall include guidance on the re8 quirements and responsibilities of a direct re9 cipient under this section, including imple10 menting regulations. 

11 (C) DETERMINATION.—The Secretary 

12 shall make all designations under this section 

13 for fiscal year 2023 not later than June 1, 

14 2022. 

15 (5) TERM.—Except as provided in paragraph 

16 (6), a designation under this subsection shall— 

17 (A) be for a period of not less than 5 

18 years; and 

19 (B) be renewable. 

20 (6) TERMINATION.— 

21 (A) IN GENERAL.—The Secretary shall es22 tablish procedures for the termination of a des23 ignation under this subsection. 


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1 (B) CONSIDERATIONS.—In establishing 

2 procedures under subparagraph (A), the Sec3 retary shall consider— 

4 (i) with respect to projects carried out 

5 under this section, compliance with the re6 quirements of title 23, United States Code, 

7 or chapter 53 of title 49, United States 

8 Code; and 

9 (ii) the obligation rate of any funds— 

10 (I) made available under this sec11 tion; and 

12 (II) in the case of a metropolitan 

13 planning organization that represents 

14 a metropolitan planning area with an 

15 urbanized area population of greater 

16 than 200,000, made available under 

17 section 133(d)(1)(A)(i) of title 23, 

18 United States Code. 

19 (c) USE OF FUNDS.— 

20 (1) ELIGIBLE PROJECTS.—Funds made avail21 able under this section may be obligated for the pur22 poses described in section 133(b) of title 23, United 

23 States Code. 

24 (2) ADMINISTRATIVE EXPENSES AND TECH25 NICAL ASSISTANCE.—Of the amounts made available 


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1 under this section, the Secretary may set aside not 

2 more than $5,000,000 for program management, 

3 oversight, and technical assistance to direct recipi4 ents. 

5 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 

6 (1) DIRECT AVAILABILITY OF FUNDS.—Not7 withstanding title 23, United States Code, the 

8 amounts made available under this section shall be 

9 allocated to each direct recipient for obligation. 

10 (2) DISTRIBUTION OF AMOUNTS AMONG DIRECT

11 RECIPIENTS.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), on the first day of the fiscal year for 

14 which funds are made available under this sec15 tion, the Secretary shall allocate such funds to 

16 each direct recipient as the proportion of the 

17 population (as determined by data collected by 

18 the Bureau of the Census) of the urbanized 

19 area represented by any 1 direct recipient bears 

20 to the total population of all of urbanized areas 

21 represented by all direct recipients. 

22 (B) MINIMUM AND MAXIMUM AMOUNTS.— 

23 Of funds allocated to direct recipients under 

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1 ceive not less than $10,000,000 and not more 

2 than $50,000,000 each fiscal year. 

3 (C) MINIMUM GUARANTEED AMOUNT.—In 

4 making a determination whether to designate a 

5 metropolitan planning organization as a direct 

6 recipient under subsection (b), the Secretary 

7 shall ensure that each direct recipient receives 

8 the minimum required allocation under sub9 paragraph (B). 

10 (D) ADDITIONAL AMOUNTS.—If any 

11 amounts remain undistributed after the dis12 tribution described in this subsection, such re13 maining amounts and an associated amount of 

14 obligation limitation shall be made available as 

15 if suballocated under clauses (i) and (ii) of sec16 tion 133(d)(1)(A) of title 23, United States 

17 Code, and distributed among the States in the 

18 proportion that the relative shares of the popu19 lation (as determined by data collected by the 

20 Bureau of the Census) of the urbanized areas 

21 of each State bears to the total populations of 

22 all urbanized areas across all States. 

23 (3) PROJECT DELIVERY.— 

24 (A) IN GENERAL.—For 1 or more projects 

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1 tion, the direct recipient may, consistent with 

2 the agreement entered into with the Secretary 

3 under this paragraph, assume the Federal-aid 

4 highway project approval and oversight respon5 sibilities vested in the State department of 

6 transportation under section 106 of title 23, 

7 United States Code. 

8 (B) PARTNERSHIP.—The direct recipient 

9 may partner with a State, unit of local govern10 ment, regional entity, or transit agency to carry 

11 out a project under this section. 

12 (C) PROCEDURAL, LEGAL, AND SUB13 STANTIVE REQUIREMENTS.—A direct recipient 

14 entering into an agreement with the Secretary 

15 under this section shall assume responsibility 

16 for compliance with all procedural and sub17 stantive requirements as would apply if that re18 sponsibility were carried out by a State, unless 

19 the direct recipient or the Secretary determines 

20 that such assumption of responsibility for 1 or 

21 more of the procedural and substantive require22 ments is not appropriate. 

23 (D) WRITTEN AGREEMENT.—The Sec24 retary and the direct recipient shall enter into 

25 an agreement in writing relating to the extent 


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1 to which the direct recipient assumes the re2 sponsibilities of the Secretary under this para3 graph. Such agreement shall be developed in 

4 consultation with the State. 

5 (E) USE OF FUNDS.—The direct recipient 

6 may use amounts made available under this 

7 section for costs incurred in implementing this 

8 paragraph and to compensate a State, unit of 

9 local government, or transit agency for costs in10 curred in providing assistance under this para11 graph. 

12 (F) LIMITATIONS.—The direct recipient 

13 may not assume responsibilities described in 

14 subparagraph (A) for any project that the Sec15 retary determines to be in a high-risk category, 

16 including projects on the National Highway 

17 System. 

18 (e) EXPENDITURE OF FUNDS.— 

19 (1) CONSISTENCY WITH METROPOLITAN PLAN20 NING.—Except as otherwise provided in this section, 

21 programming and expenditure of funds for projects 

22 under this section shall be consistent with the re23 quirements of section 134 of title 23, United States 

24 Code, and section 5303 of title 49, United States 

25 Code. 


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1 (2) SELECTION OF PROJECTS.— 

2 (A) IN GENERAL.—Notwithstanding sub3 sections (j)(5) and (k)(4) of section 134 of title 

4 23, United States Code, or subsections (j)(5) 

5 and (k)(4) of section 5303 of title 49, United 

6 States Code, a direct recipient shall select, from 

7 the approved transportation improvement pro8 gram under such sections, all projects to be 

9 funded under this section, including projects on 

10 the National Highway System. 

11 (B) ELIGIBLE PROJECTS.—The project se12 lection process described in this subsection shall 

13 apply to all federally funded projects within the 

14 boundaries of a metropolitan planning area 

15 served by a direct recipient that are carried out 

16 under this section. 

17 (C) CONSULTATION REQUIRED.—In select18 ing a project under this subsection, the metro19 politan planning organization shall consult 

20 with— 

21 (i) in the case of a highway project, 

22 the State and locality in which such project 

23 is located; and 


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1 (ii) in the case of a transit project, 

2 any affected public transportation oper3 ator. 

4 (3) RULE OF CONSTRUCTION.—Nothing in this 

5 section shall be construed to limit the ability of a di6 rect recipient to partner with a State department of 

7 transportation or other recipient of Federal funds 

8 under title 23, United States Code, or chapter 53 of 

9 title 49, United States Code, to carry out a project. 

10 (f) TREATMENT OF FUNDS.— 

11 (1) IN GENERAL.—Except as provided in this 

12 section, funds made available to carry out this sec13 tion shall be administered as if apportioned under 

14 chapter 1 of title 23, United States Code. 

15 (2) FEDERAL SHARE.—The Federal share of 

16 the cost of a project carried out under this section 

17 shall be determined in accordance with section 120 

18 of title 23, United States Code. 

19 (g) REPORT.— 

20 (1) DIRECT RECIPIENT REPORT.—Not later 

21 than 60 days after the end of each fiscal year, each 

22 direct recipient shall submit to the Secretary a re23 port that includes— 

24 (A) a list of projects funded with amounts 

25 provided under this section; 


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1 (B) a description of any obstacles to com2 plete projects or timely obligation of funds; and 

3 (C) recommendations to improve the effec4 tiveness of the program under this section. 

5 (2) REPORT TO CONGRESS.—Not later than Oc6 tober 1, 2024, the Secretary shall submit to the 

7 Committee on Environment and Public Works of the 

8 Senate and the Committee on Transportation and 

9 Infrastructure of the House of Representatives a re10 port that— 

11 (A) summarizes the findings of each direct 

12 recipient provided under paragraph (1); 

13 (B) describes the efforts undertaken by 

14 both direct recipients and the Secretary to en15 sure compliance with the requirements of title 

16 23 and chapter 53 of title 49, United States 

17 Code; 

18 (C) analyzes the capacity of direct recipi19 ents to receive direct allocations of funds under 

20 chapter 1 of title 23, United States Code; and 

21 (D) provides recommendations from the 

22 Secretary to— 

23 (i) improve the administration, over24 sight, and performance of the program es25 tablished under this section; 


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1 (ii) improve the effectiveness of direct 

2 recipients to complete projects and obligate 

3 funds in a timely manner; and 

4 (iii) evaluate options to expand the 

5 authority provided under this section, in6 cluding to allow for the direct allocation to 

7 metropolitan planning organizations of 

8 funds made available to carry out clause 

9 (i) or (ii) of section 133(d)(1)(A) of title 

10 23, United States Code. 

11 (3) UPDATE.—Not less frequently than every 2 

12 years, the Secretary shall update the report de13 scribed in paragraph (2). 

14 (h) DEFINITIONS.— 

15 (1) DIRECT RECIPIENT.—In this section, the 

16 term ‘‘direct recipient’’ means a metropolitan plan17 ning organization designated by the Secretary as 

18 high-performing under subsection (b) and that was 

19 directly allocated funds as described in subsection 

20 (d). 

21 (2) METROPOLITAN PLANNING AREA.—The 

22 term ‘‘metropolitan planning area’’ has the meaning 

23 given such term in section 134 of title 23, United 

24 States Code. 


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1 (3) METROPOLITAN PLANNING ORGANIZA2 TION.—The term ‘‘metropolitan planning organiza3 tion’’ has the meaning given such term in section 

4 134 of title 23, United States Code. 

5 (4) NATIONAL HIGHWAY SYSTEM.—The term 

6 ‘‘National Highway System’’ has the meaning given 

7 such term in section 101 of title 23, United States 

8 Code. 

9 (5) STATE.—The term ‘‘State’’ has the mean10 ing given such term in section 101 of title 23, 

11 United States Code. 

12 (6) URBANIZED AREA.—The term ‘‘urbanized 

13 area’’ has the meaning given such term in section 

14 134 of title 23, United States Code. 

15 SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 

16 (a) ESTABLISHMENT.—The Secretary of Transpor17 tation shall establish a gridlock reduction program to 

18 make grants, on a competitive basis, for projects to re19 duce, and mitigate the adverse impacts of, traffic conges20 tion. 

21 (b) APPLICATIONS.—To be eligible for a grant under 

22 this section, an applicant shall submit to the Secretary an 

23 application in such form, at such time, and containing 

24 such information as the Secretary determines appropriate. 


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1 (c) ELIGIBLE APPLICANTS.—The Secretary may 

2 make grants under this section to an applicant that is 

3 serving a combined statistical area, as defined by the Of4 fice of Management and Budget, with a population of not 

5 less than 1,300,000 and that is— 

6 (1) a metropolitan planning organization; 

7 (2) a unit of local government or a group of 

8 local governments; 

9 (3) a multijurisdictional group of entities de10 scribed in paragraphs (1) and (2); 

11 (4) a special purpose district or public authority 

12 with a transportation function, including a port au13 thority; or 

14 (5) a State that is in partnership with an entity 

15 or group of entities described in paragraph (1), (2), 

16 or (3). 

17 (d) ELIGIBLE PROJECTS.—The Secretary may award 

18 grants under this section to applicants that submit a com19 prehensive program of surface transportation-related 

20 projects to reduce traffic congestion and related adverse 

21 impacts, including a project for one or more of the fol22 lowing: 

23 (1) Transportation systems management and 

24 operations. 

25 (2) Intelligent transportation systems. 


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1 (3) Real-time traveler information. 

2 (4) Traffic incident management. 

3 (5) Active traffic management. 

4 (6) Traffic signal timing. 

5 (7) Multimodal travel payment systems. 

6 (8) Transportation demand management, in7 cluding employer-based commuting programs such 

8 as carpool, vanpool, transit benefit, parking cashout, 

9 shuttle, or telework programs. 

10 (9) A project to provide transportation options 

11 to reduce traffic congestion, including— 

12 (A) a project under chapter 53 of title 49, 

13 United States Code; 

14 (B) a bicycle or pedestrian project, includ15 ing a project to provide safe and connected ac16 tive transportation networks; and 

17 (C) a surface transportation project car18 ried out in accordance with the national travel 

19 and tourism infrastructure strategic plan under 

20 section 1431(e) of the FAST Act (49 U.S.C. 

21 301 note). 

22 (10) Any other project, as determined appro23 priate by the Secretary. 

24 (e) AWARD PRIORITIZATION.— 


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1 (1) IN GENERAL.—In selecting grants under 

2 this section, the Secretary shall prioritize applicants 

3 serving urbanized areas, as described in subsection 

4 (c), that are experiencing a high degree of recurrent 

5 transportation congestion, as determined by the Sec6 retary. 

7 (2) ADDITIONAL CONSIDERATIONS.—In select8 ing grants under this section, the Secretary shall 

9 also consider the extent to which the project 

10 would— 

11 (A) reduce traffic congestion and improve 

12 the reliability of the surface transportation sys13 tem; 

14 (B) mitigate the adverse impacts of traffic 

15 congestion on the surface transportation sys16 tem, including safety and environmental im17 pacts; 

18 (C) maximize the use of existing capacity; 

19 and 

20 (D) employ innovative, integrated, and 

21 multimodal solutions to the items described in 

22 subparagraphs (A), (B), and (C). 

23 (f) FEDERAL SHARE.— 


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

2 cost of a project carried out under this section may 

3 not exceed 60 percent. 

4 (2) MAXIMUM FEDERAL SHARE.—Federal as5 sistance other than a grant for a project under this 

6 section may be used to satisfy the non-Federal share 

7 of the cost of such project, except that the total Fed8 eral assistance provided for a project receiving a 

9 grant under this section may not exceed 80 percent 

10 of the total project cost. 

11 (g) USE OF FUNDS.—Funds made available for a 

12 project under this section may be used for— 

13 (1) development phase activities, including plan14 ning, feasibility analysis, revenue forecasting, envi15 ronmental review, preliminary engineering and de16 sign work, and other preconstruction activities; and 

17 (2) construction, reconstruction, rehabilitation, 

18 acquisition of real property (including land related 

19 to the project and improvements to the land), envi20 ronmental mitigation, construction contingencies, ac21 quisition of equipment, and operational improve22 ments. 

23 (h) FUNDING.— 


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1 (1) GRANT AMOUNT.—A grant under this sec2 tion shall be in an amount not less than 

3 $10,000,000 and not more than $50,000,000. 

4 (2) AVAILABILITY.—Funds made available 

5 under this program shall be available until expended. 

6 (i) FREIGHT PROJECT SET-ASIDE.— 

7 (1) IN GENERAL.—The Secretary shall set aside 

8 not less than 50 percent of the funds made available 

9 to carry out this section for grants for freight 

10 projects under this subsection. 

11 (2) ELIGIBLE USES.—The Secretary shall pro12 vide funds set aside under this subsection to appli13 cants that submit a comprehensive program of sur14 face transportation-related projects to reduce 

15 freight-related traffic congestion and related adverse 

16 impacts, including— 

17 (A) freight intelligent transportation sys18 tems; 

19 (B) real-time freight parking information; 

20 (C) real-time freight routing information; 

21 (D) freight transportation and delivery 

22 safety projects; 

23 (E) first-mile and last-mile delivery solu24 tions; 


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1 (F) shifting freight delivery to off-peak 

2 travel times; 

3 (G) reducing greenhouse gas emissions and 

4 air pollution from freight transportation and 

5 delivery, including through the use of innovative 

6 vehicles that produce fewer greenhouse gas 

7 emissions; 

8 (H) use of centralized delivery locations; 

9 (I) designated freight vehicle parking and 

10 staging areas; 

11 (J) curb space management; and 

12 (K) other projects, as determined appro13 priate by the Secretary. 

14 (3) AWARD PRIORITIZATION.— 

15 (A) IN GENERAL.—In providing funds set 

16 aside under this section, the Secretary shall 

17 prioritize applicants serving urbanized areas, as 

18 described in subsection (c), that are experi19 encing a high degree of recurrent congestion 

20 due to freight transportation, as determined by 

21 the Secretary. 

22 (B) ADDITIONAL CONSIDERATIONS.—In 

23 providing funds set aside under this subsection, 

24 the Secretary shall consider the extent to which 

25 the proposed project— 


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1 (i) reduces freight-related traffic con2 gestion and improves the reliability of the 

3 freight transportation system; 

4 (ii) mitigates the adverse impacts of 

5 freight-related traffic congestion on the 

6 surface transportation system, including 

7 safety and environmental impacts; 

8 (iii) maximizes the use of existing ca9 pacity; 

10 (iv) employs innovative, integrated, 

11 and multimodal solutions to the items de12 scribed in clauses (i) through (iii); 

13 (v) leverages Federal funds with non14 Federal contributions; and 

15 (vi) integrates regional multimodal 

16 transportation management and oper17 ational projects that address both pas18 senger and freight congestion. 

19 (4) FLEXIBILITY.—If the Secretary determines 

20 that there are insufficient qualified applicants to use 

21 the funds set aside under this subsection, the Sec22 retary may use such funds for grants for any 

23 projects eligible under this section. 

24 (j) REPORT.— 


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1 (1) RECIPIENT REPORT.—The Secretary shall 

2 ensure that not later than 2 years after the Sec3 retary awards grants under this section, the recipi4 ent of each such grant submits to the Secretary a 

5 report that contains— 

6 (A) information on each activity or project 

7 that received funding under this section; 

8 (B) a summary of any non-Federal re9 sources leveraged by a grant under this section; 

10 (C) any statistics, measurements, or quan11 titative assessments that demonstrate the con12 gestion reduction, reliability, safety, and envi13 ronmental benefits achieved through activities 

14 or projects that received funding under this sec15 tion; and 

16 (D) any additional information required by 

17 the Secretary. 

18 (2) REPORT TO CONGRESS.—Not later than 9 

19 months after the date specified in paragraph (1), the 

20 Secretary 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, the Committee on Commerce, Science, 

24 and Transportation, and the Committee on Banking, 

25 Housing, and Urban Affairs of the Senate, and 


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1 make publicly available on a website, a report detail2 ing— 

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 trans10 portation 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 envi15 ronmental 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 

20 before 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 Com23 mittee on Environment and Public Works, the Committee 

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1 mittee on Banking, Housing, and Urban Affairs of the 

2 Senate of the 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 

17 provided in this paragraph, if an eligible project 

18 is 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

2 COMPONENT.—For any passenger or 

3 freight rail component of a project, the re4 quirements of section 22907(j)(2) of title 

5 49, United States Code, shall apply. 

6 (ii) PUBLIC TRANSPORTATION COMPO7 NENT.—For any public transportation 

8 component of a project, the requirements 

9 of section 5333 of title 49, United States 

10 Code, 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 

15 States Code, to a multimodal project under this 

16 paragraph, 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 

24 1 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 pro7 gram established in subsection (a), the Secretary shall 

8 make grants, on a competitive basis, to eligible applicants 

9 in accordance 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 

18 highway system, to inspect, replace, rehabilitate, or 

19 preserve— 

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 

2 grant 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 

9 to the project and improvements to the land), envi10 ronmental mitigation, and construction contin11 gencies; and 

12 (3) bridge inspection, evaluation, and preserva13 tion. 

14 (f) FEDERAL SHARE.— 

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

16 cost of a project carried out using a grant under this 

17 section may not exceed 80 percent of the total cost 

18 of 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 with2 out additional Federal funding or financial assist3 ance available to the project sponsor, beyond existing 

4 Federal apportionments; and 

5 (2) the level of benefits the project is expected 

6 to generate, including— 

7 (A) the costs avoided by the prevention of 

8 closure or reduced use of the asset to be im9 proved 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, not less than $10,000,000 for fis19 cal years 2023 through 2026 shall be made available 

20 to provide grants that improve the safety, state of 

21 good repair, or connectivity through bridge invest22 ments in and providing access to, colonias. 

23 (2) COLONIA DEFINED.—In this section, the 

24 term ‘‘colonia’’ means any identifiable community 

25 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 

4 within 150 miles of the border between the 

5 United States and Mexico, except that the term 

6 does not include any standard metropolitan sta7 tistical area that has a population exceeding 

8 1,000,000; 

9 (C) is determined to be a colonia on the 

10 basis of objective criteria, including lack of po11 table water supply, lack of adequate sewage sys12 tems, and lack of decent, safe, and sanitary 

13 housing; and 

14 (D) was in existence as a colonia before 

15 November 28, 1990. 

16 (i) NOTIFICATION.—Not later than 3 business days 

17 before awarding a grant under this section, the Secretary 

18 shall notify the Committee on Transportation and Infra19 structure of the House of Representatives and the Com20 mittee on Environment and Public Works of the Senate 

21 of the intention to award such a grant. 

22 (j) DEFINITIONS.—In this section: 

23 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

24 applicant’’ means— 

25 (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-sys12 tem bridge’’ has the meaning given such term in sec13 tion 133(f) of title 23, United States Code, (as 

14 added by this Act). 

15 (3) RURAL COMMUNITY.—The term ‘‘rural 

16 community’’ means an area that is not an urbanized 

17 area, as such term is defined in section 101(a) of 

18 title 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 enti23 ties to address the shortage of parking for commercial 

24 motor vehicles to improve the safety of commercial motor 

25 vehicle operators. 


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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 

6 this section are projects that— 

7 (1) construct safety rest areas that include 

8 parking 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 

14 to, 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 


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1 through the use of intelligent transportation sys2 tems; 

3 (5) construct turnouts along a Federal-aid 

4 highway for commercial motor vehicles; 

5 (6) make capital improvements to public com6 mercial motor vehicle parking facilities that are 

7 closed on a seasonal basis to allow the facilities to 

8 remain open year-round; 

9 (7) open existing commercial motor vehicle 

10 chain-up areas that are closed on a seasonal basis to 

11 allow the facilities to remain open year-round for 

12 commercial motor vehicle parking; 

13 (8) address commercial motor vehicle parking 

14 and layover needs in emergencies that strain the ca15 pacity of existing publicly and privately provided 

16 commercial motor vehicle parking; and 

17 (9) make improvements to existing commercial 

18 motor vehicle parking facilities, including advanced 

19 truckstop electrification systems. 

20 (d) USE OF FUNDS.— 

21 (1) IN GENERAL.—An eligible entity may use a 

22 grant under this section for— 

23 (A) development phase activities, including 

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1 neering and design work, and other 

2 preconstruction activities necessary to advance 

3 a project described in subsection (c); and 

4 (B) construction and operational improve5 ments, as such terms are defined in section 101 

6 of title 23, United States Code. 

7 (2) PRIVATE SECTOR PARTICIPATION.—An eli8 gible entity that receives a grant under this section 

9 may partner with a private entity to carry out an eli10 gible project under this section. 

11 (3) LIMITATION.—Not more than 10 percent of 

12 the amounts made available to carry out this section 

13 may be used to promote the availability of existing 

14 commercial motor vehicle parking. 

15 (e) SELECTION CRITERIA.—In making grants under 

16 this section, the Secretary shall consider— 

17 (1) in the case of construction of new commer18 cial motor vehicle parking capacity, the shortage of 

19 public and private commercial motor vehicle parking 

20 near the project; and 

21 (2) the extent to which each project— 

22 (A) would increase commercial motor vehi23 cle parking capacity or utilization; 

24 (B) would facilitate the efficient movement 

25 of freight; 


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1 (C) would improve safety, traffic conges2 tion, 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 re10 ceive a grant under this section, the Secretary of Trans11 portation shall notify the Committee on Transportation 

12 and Infrastructure of the House of Representatives and 

13 the Committee on Environment and Public Works of the 

14 Senate of the intention 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 ac17 cordance with subsections (b) and (c) of section 120 of 

18 title 23, United States Code. 

19 (h) PROHIBITION ON CHARGING FEES.—To be eligi20 ble for a grant under this section, an eligible entity shall 

21 certify that no fees will be charged for the use of a project 

22 assisted with such grant. 

23 (i) AMENDMENT TO MAP–21.—Section 1401(c)(1) 

24 of 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’’; 

3 and 

4 (2) in subparagraph (A) by striking ‘‘the capa5 bility of the State to provide’’ and inserting ‘‘the 

6 availability of’’. 

7 (j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 

8 (1) UPDATE.—Not later than 2 years after the 

9 date of enactment of this Act, the Secretary shall 

10 update the survey of each State required under sec11 tion 1401(c)(1) of the MAP–21 (23 U.S.C. 137 

12 note). 

13 (2) REPORT.—Not later than 1 year after the 

14 deadline under paragraph (1), the Secretary shall 

15 publish on the website of the Department of Trans16 portation a report that— 

17 (A) evaluates the availability of adequate 

18 parking and rest facilities for commercial motor 

19 vehicles engaged in interstate transportation; 

20 (B) evaluates the effectiveness of the 

21 projects funded under this section in improving 

22 access to commercial motor vehicle parking; and 

23 (C) reports on the progress being made to 

24 provide adequate commercial motor vehicle 

25 parking 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 

5 personnel; 

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 

14 States 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 

22 relating to commercial motor vehicle parking; 

23 and 


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1 (E) a multistate or multijurisdictional 

2 group of entities described in subparagraphs 

3 (A) through (D). 

4 (3) SAFETY REST AREA.—The term ‘‘safety 

5 rest area’’ has the meaning given such term in sec6 tion 120(c) of title 23, United States Code. 

7 SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT 

8 PROGRAM. 

9 (a) ESTABLISHMENT.—The Secretary of Transpor10 tation shall establish an active connected transportation 

11 grant program to provide for safe and connected active 

12 transportation networks and active transportation connec13 tors. 

14 (b) GRANT AUTHORITY.—In carrying out the pro15 gram established in subsection (a), the Secretary shall 

16 make grants, on a competitive basis, in accordance with 

17 this section. 

18 (c) ELIGIBLE APPLICANTS.—The Secretary may 

19 make a grant under this section to— 

20 (1) a State; 

21 (2) a metropolitan planning organization; 

22 (3) a regional transportation authority; 

23 (4) a unit of local government, including a 

24 county or multi-county special district; 

25 (5) a Federal land management agency; 


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1 (6) a natural resource or public land agency; 

2 (7) an Indian Tribe or Tribal organization; 

3 (8) any local or regional governmental entity 

4 with responsibility for or oversight of transportation 

5 or recreational trails; and 

6 (9) a multistate or multijurisdictional group of 

7 entities described in this subsection. 

8 (d) APPLICATIONS.—To be eligible for a grant under 

9 this section, an entity specified under subsection (c) shall 

10 submit to the Secretary an application in such form, at 

11 such time, and containing such information as the Sec12 retary determines appropriate. 

13 (e) ELIGIBLE PROJECTS.—The Secretary shall pro14 vide grants under this section to projects that improve the 

15 connectivity and the use of active transportation facili16 ties— 

17 (1) including— 

18 (A) active transportation networks; 

19 (B) active transportation connectors; and 

20 (C) planning related to the development 

21 of— 

22 (i) active transportation networks; 

23 (ii) active transportation connectors; 

24 and 


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1 (iii) vision zero plans or complete 

2 streets prioritization plans under section 

3 1601; and 

4 (2) that have— 

5 (A) total project costs of not less than 

6 $15,000,000; or 

7 (B) in the case of planning grants under 

8 subsection (f)(2), a total cost of not less than 

9 $100,000. 

10 (f) USE OF FUNDS.— 

11 (1) IN GENERAL.—Of the amounts made avail12 able to carry out this section for fiscal years 2023 

13 through 2026 and except as provided in paragraph 

14 (2), the Secretary shall obligate— 

15 (A) not less than 30 percent to eligible 

16 projects that construct active transportation 

17 networks; and 

18 (B) not less than 30 percent to eligible 

19 projects that construct active transportation 

20 connectors. 

21 (2) PLANNING GRANTS.—Of the amounts made 

22 available to carry out this section for fiscal years 

23 2023 through 2026, the Secretary may use not more 

24 than 10 percent to provide planning grants to eligiVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 ble applicants for activities under subsection 

2 (e)(1)(C). 

3 (g) CONSIDERATIONS.—In making grants under this 

4 section, the Secretary shall consider the extent to which— 

5 (1) a project is likely to provide substantial ad6 ditional opportunities for active transportation, in7 cluding walking and bicycling, including through the 

8 creation of— 

9 (A) active transportation networks con10 necting destinations within or between commu11 nities, including between schools, workplaces, 

12 residences, businesses, recreation areas, and 

13 other community areas; and 

14 (B) active transportation connectors con15 necting 2 or more communities, metropolitan 

16 areas, or States, including greenway paths; 

17 (2) an applicant has adequately considered or 

18 will consider, including through the opportunity for 

19 public comment, the environmental justice and eq20 uity impacts of the project; 

21 (3) the project would improve safety for vulner22 able road users, including through the use of com23 plete street design policies or a safe system ap24 proach; and 


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1 (4) a project integrates active transportation fa2 cilities with public transportation services, where 

3 available, to improve access to public transportation. 

4 (h) LIMITATION.— 

5 (1) IN GENERAL.—The share of the cost of a 

6 project assisted with a grant under this section may 

7 not exceed 80 percent. 

8 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

9 assistance other than a grant under this section may 

10 be used to satisfy up to 100 percent of the total 

11 project cost. 

12 (i) ELIGIBLE PROJECT COSTS.—Amounts made 

13 available for a project under this section may be used 

14 for— 

15 (1) development phase activities, including plan16 ning, feasibility analysis, revenue forecasting, envi17 ronmental review, preliminary engineering and de18 sign work, and other preconstruction activities; and 

19 (2) construction, reconstruction, rehabilitation, 

20 acquisition of real property (including land related 

21 to the project and improvements to the land), envi22 ronmental mitigation, construction contingencies, ac23 quisition of equipment, and operational improve24 ments. 


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1 (j) NOTIFICATION.—Not later than 3 business days 

2 before awarding a grant under this section, the Secretary 

3 of Transportation shall notify 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 of the intention to award such a grant. 

7 (k) DEFINITIONS.—In this section: 

8 (1) ACTIVE TRANSPORTATION NETWORK.—The 

9 term ‘‘active transportation network’’ means facili10 ties built for alternative methods of transportation 

11 to motor vehicles for individuals, including side12 walks, bikeways, and pedestrian and bicycle trails, 

13 that connect destinations within an area covered by 

14 a unit of local government, a county, a community, 

15 including a community on Federal lands, or a metro16 politan area. 

17 (2) ACTIVE TRANSPORTATION CONNECTOR.— 

18 The term ‘‘active transportation connector’’ means 

19 facilities built for alternative methods of transpor20 tation to motor vehicles for individuals, including 

21 sidewalks, bikeways, and pedestrian and bicycle 

22 trails, that connect 2 or more active transportation 

23 networks or connect communities, areas covered by 

24 a unit of local government, counties, metropolitan 

25 areas, Federal lands, or States. 


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1 (3) GREENWAY PATH.—The term ‘‘greenway 

2 path’’ means an active transportation connector 

3 that— 

4 (A) crosses jurisdictional boundaries, in5 cluding State lines, and provides for 

6 connectivity between multiple communities, 

7 counties, metropolitan areas, or States; or 

8 (B) is a component of a regionally or na9 tionally significant network. 

10 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe 

11 system approach’’ has the meaning given such term 

12 in section 148(a) of title 23, United States Code. 

13 (5) VULNERABLE ROAD USER.—The term ‘‘vul14 nerable road user’’ has the meaning given such term 

15 in section 148(a) of title 23, United States Code. 

16 SEC. 1310. WILDLIFE CROSSINGS PROGRAM. 

17 (a) ESTABLISHMENT.—The Secretary shall establish 

18 a competitive wildlife crossings grant program (referred 

19 to in this section as the ‘‘program’’) to provide grants for 

20 projects that seek to achieve— 

21 (1) a reduction in the number of wildlife-vehicle 

22 collisions; and 

23 (2) improved habitat connectivity for terrestrial 

24 and aquatic species. 


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1 (b) ELIGIBLE ENTITIES.—The Secretary may make 

2 grants under the program to the following entities: 

3 (1) A State. 

4 (2) An Indian Tribe or Tribal organization. 

5 (3) A territory. 

6 (4) A Federal land management agency de7 scribed in section 203(b) of title 23, United States 

8 Code. 

9 (5) A group of entities described in paragraphs 

10 (1) through (4). 

11 (c) APPLICATIONS.—To be eligible to receive a grant 

12 under the program, an eligible entity shall submit to the 

13 Secretary an application at such time, in such manner, 

14 and containing such information as the Secretary may re15 quire. 

16 (d) CONSIDERATIONS.—In selecting grant recipients 

17 under the program, the Secretary shall consider the fol18 lowing: 

19 (1) PRIMARY CRITERIA.—The extent to which 

20 the proposed project is likely to protect motorists 

21 and wildlife by reducing the number of wildlife-vehi22 cle collisions and improve habitat connectivity for 

23 terrestrial and aquatic species. 

24 (2) SECONDARY CRITERIA.— 

25 (A) The resilience benefits of the project. 


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1 (B) The extent to which the project incor2 porates climate science, including expected 

3 changes in migration patterns. 

4 (C) The extent to which the project spon5 sor has coordinated with the relevant State 

6 agency with jurisdiction over fish and wildlife, 

7 if appropriate. 

8 (D) In the case of a project involving spe9 cies listed as threatened species or endangered 

10 species under the Endangered Species Act of 

11 1973 (16 U.S.C. 1531 et seq.), whether the 

12 project sponsor has coordinated with the United 

13 States Fish and Wildlife Service. 

14 (E) Other ecological benefits of the project, 

15 including— 

16 (i) reductions in stormwater runoff 

17 and other water pollution; and 

18 (ii) the benefits of improved habitat 

19 connectivity for pollinators and the use of 

20 natively appropriate grasses. 

21 (F) Whether the project supports local eco22 nomic development and improvement of visita23 tion opportunities. 

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1 vanced design techniques and other strategies 

2 to enhance efficiency and effectiveness in reduc3 ing wildlife-vehicle collisions and improving 

4 habitat connectivity for terrestrial and aquatic 

5 species. 

6 (H) The extent to which the project pro7 vides educational and outreach opportunities. 

8 (I) Whether the project will further re9 search to evaluate, compare effectiveness of, 

10 and identify best practices in selected projects. 

11 (J) How the benefits compare to the costs 

12 of the project. 

13 (K) Any other criteria relevant to reducing 

14 the number of wildlife-vehicle collisions and im15 proving habitat connectivity for terrestrial and 

16 aquatic species, as the Secretary determines to 

17 be appropriate. 

18 (e) ELIGIBLE PROJECT COSTS.—Grant amounts for 

19 a project under this section may be used for— 

20 (1) development phase activities, including plan21 ning, feasibility analysis, revenue forecasting, envi22 ronmental review, preliminary engineering and de23 sign work, and other preconstruction activities; 

24 (2) construction (including construction of pro25 tective features), reconstruction, rehabilitation, acVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 quisition of real property (including land related to 

2 the project and improvements to the land), environ3 mental mitigation, construction contingencies, acqui4 sition of equipment, and operational improvements; 

5 and 

6 (3) planning and technical assistance activities 

7 consistent with section 5107 of title 49, United 

8 States Code, including— 

9 (A) data collection on wildlife-vehicle colli10 sions; 

11 (B) integration of State, Tribal, territorial, 

12 regional, or Federal wildlife conservation plans 

13 and data collection with transportation planning 

14 and project selection; 

15 (C) technical assistance, including work16 force development training, on reducing wildlife17 vehicle collisions and improving habitat 

18 connectivity for terrestrial and aquatic species; 

19 and 

20 (D) education and public outreach to re21 duce wildlife-vehicle collisions. 

22 (f) PARTNERSHIPS.— 

23 (1) IN GENERAL.—A grant received under the 

24 program may be used to provide funds to an eligible 

25 partner as a subrecipient, in accordance with the 


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1 terms of the project agreement and subject to the 

2 requirements of this section. 

3 (2) ELIGIBLE PARTNER DEFINED.—In this sec4 tion, the term ‘‘eligible partner’’ means— 

5 (A) an eligible entity described in sub6 section (b); 

7 (B) a metropolitan planning organization; 

8 (C) a unit of local government; 

9 (D) a regional transportation authority; 

10 (E) a special purpose district or public au11 thority with a transportation function, including 

12 a port authority; 

13 (F) a non-profit entity or institution of 

14 higher education; or 

15 (G) a Federal, Tribal, regional, State, or 

16 local governmental entity not described in sub17 section (b). 

18 (g) REQUIREMENTS.— 

19 (1) RURAL PROJECTS.—The Secretary shall re20 serve not less than 50 percent of the amounts made 

21 available under this section for projects located in a 

22 rural community. 

23 (2) RESILIENCE.—A project under this section 

24 shall be designed to ensure resilience over the antici25 pated service life of the asset. 


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1 (3) LIMITATION.—The Secretary may not 

2 award more than 10 percent of the amounts made 

3 available under this section for grants that propose 

4 only activities described in subsection (e)(3). 

5 (h) NOTIFICATION.—Not later than 3 business days 

6 before awarding a grant under this section, the Secretary 

7 shall notify the Committee on Transportation and Infra8 structure of the House of Representatives and the Com9 mittee on Environment and Public Works of the Senate 

10 of the intention to award such a grant. 

11 (i) ANNUAL REPORT.— 

12 (1) IN GENERAL.—Not later than December 31 

13 of each calendar year, the Secretary shall publish, on 

14 the website of the Department of Transportation, a 

15 report describing the activities under the program 

16 for the fiscal year that ends during that calendar 

17 year. 

18 (2) CONTENTS.—The report under paragraph 

19 (1) shall include— 

20 (A) a detailed description of the activities 

21 carried out under the program; 

22 (B) an evaluation of the effectiveness of 

23 the program in meeting the purposes described 

24 in subsection (b); and 


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1 (C) policy recommendations, if any, to im2 prove the effectiveness of the program. 

3 (j) DEFINITIONS.—In this section: 

4 (1) PROTECTIVE FEATURES.—The term ‘‘pro5 tective features’’ has the meaning given such term in 

6 section 101 of title 23, United States Code. 

7 (2) RESILIENCE.—The term ‘‘resilience’’ has 

8 the meaning given that term in section 101 of title 

9 23, United States Code. 

10 (3) RURAL COMMUNITY.—The term ‘‘rural 

11 community’’ means any area of a State or territory 

12 that is not an urbanized area, as such term is de13 fined in section 101 of title 23, United States Code. 

14 (4) SECRETARY.—The term ‘‘Secretary’’ has 

15 the meaning given such term in section 101 of title 

16 23, United States Code. 

17 (5) STATE.—The term ‘‘State’’ has the mean18 ing given such term in section 101 of title 23, 

19 United States Code. 

20 SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM. 

21 (a) ESTABLISHMENT.—The Secretary of Transpor22 tation shall establish a reconnecting neighborhoods pro23 gram under which an eligible entity may apply for funding 

24 in order to identify, remove, replace, retrofit, or remediate 

25 the effects from eligible facilities and restore or improve 


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1 connectivity, mobility, and access in disadvantaged and 

2 underserved communities, including— 

3 (1) studying the feasibility and impacts of re4 moving, retrofitting, or remediating the effects on 

5 community connectivity from an existing eligible fa6 cility; 

7 (2) conducting preliminary engineering and 

8 final design activities for a project to remove, ret9 rofit, or remediate the effects on community 

10 connectivity from an existing eligible facility; and 

11 (3) conducting construction activities necessary 

12 to carry out a project to remove, retrofit, or reme13 diate the effects on community connectivity from an 

14 existing eligible facility. 

15 (b) ELIGIBLE ENTITIES.— 

16 (1) IN GENERAL.—The Secretary may award a 

17 planning grant or a capital construction grant to— 

18 (A) a State; 

19 (B) a unit of local government; 

20 (C) an Indian Tribe or Tribal organization; 

21 (D) a territory; 

22 (F) a metropolitan planning organization; 

23 (G) a transit agency; 

24 (H) a special purpose district with a trans25 portation function; and 


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1 (I) a group of entities described in this 

2 paragraph. 

3 (2) NONPROFITS.—An eligible entity may enter 

4 into an agreement with a nonprofit organization to 

5 carry out the eligible activities under this section. 

6 (c) PLANNING GRANTS.— 

7 (1) IN GENERAL.—The Secretary may award 

8 grants (referred to in this section as a ‘‘planning 

9 grants’’) to carry out planning activities described in 

10 paragraph (2). 

11 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The 

12 planning activities referred to in paragraph (1) 

13 are— 

14 (A) planning studies to evaluate the feasi15 bility of removing, retrofitting, or remediating 

16 an existing eligible facility to restore community 

17 connectivity, including evaluations of— 

18 (i) current traffic patterns on the eli19 gible facility proposed for removal, retrofit, 

20 or remediation and the surrounding street 

21 network; 

22 (ii) the capacity of existing transpor23 tation networks to maintain mobility 

24 needs; 


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1 (iii) an analysis of alternative roadway 

2 designs or other uses for the right-of-way 

3 of the eligible facility, including an analysis 

4 of whether the available right-of-way would 

5 suffice to create an alternative roadway de6 sign; 

7 (iv) the effect of the removal, retrofit, 

8 or remediation of the eligible facility on the 

9 mobility of freight and people; 

10 (v) the effect of the removal, retrofit, 

11 or remediation of the eligible facility on the 

12 safety of the traveling public; 

13 (vi) the cost to remove, retrofit, or re14 mediate the eligible facility— 

15 (I) to restore community 

16 connectivity; and 

17 (II) to convert the eligible facility 

18 to a roadway design or use that in19 creases safety, mobility, and access 

20 for all users, compared to any ex21 pected costs for necessary mainte22 nance or reconstruction of the eligible 

23 facility; and 

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1 ity and the anticipated effect of the pro2 posed alternative use or roadway design; 

3 (B) public engagement activities to provide 

4 opportunities for public input into a plan to re5 move, replace, retrofit, or remediate the effects 

6 from an eligible facility; 

7 (C) other transportation planning activities 

8 required in advance of a project to remove, ret9 rofit, or remediate an existing eligible facility to 

10 restore community connectivity, as determined 

11 by the Secretary; 

12 (D) evaluating land use and zoning 

13 changes necessary to improve equity and maxi14 mize transit-oriented development in connection 

15 with project eligible for a capital construction 

16 grant, including activities eligible under section 

17 5327 of title 49, United States Code; and 

18 (E) establishment of anti-displacement and 

19 equitable neighborhood revitalization strategies 

20 in connection with project eligible for a capital 

21 construction grant, including land acquisition, 

22 land banking, and equitable transit-oriented de23 velopment. 

24 (3) TECHNICAL ASSISTANCE.— 


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1 (A) IN GENERAL.—The Secretary may 

2 provide technical assistance described in sub3 paragraph (B) to an eligible entity. 

4 (B) TECHNICAL ASSISTANCE DE5 SCRIBED.—The technical assistance referred to 

6 in subparagraph (A) is technical assistance in 

7 building organizational or community capac8 ity— 

9 (i) to conduct transportation planning; 

10 and 

11 (ii) to identify innovative solutions to 

12 challenges posed by existing eligible facili13 ties, including reconnecting communities 

14 that— 

15 (I) are bifurcated by eligible fa16 cilities; or 

17 (II) lack safe, reliable, and af18 fordable transportation choices. 

19 (4) SELECTION.—The Secretary shall— 

20 (A) solicit applications for— 

21 (i) planning grants; and 

22 (ii) technical assistance under para23 graph (3); and 


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1 (B) evaluate applications for a planning 

2 grant on the basis of the demonstration by the 

3 applicant that— 

4 (i) the eligible facility— 

5 (I) creates barriers to mobility, 

6 access, or economic development; or 

7 (II) is not justified by current 

8 and forecast future travel demand; 

9 and 

10 (ii) on the basis of preliminary assess11 ment into the feasibility of removing, retro12 fitting, or remediating the eligible facility 

13 to restore community connectivity, and in14 crease safety, mobility, and access for all 

15 users, further planning activities are nec16 essary and likely to be productive. 

17 (5) AWARD AMOUNTS.—A planning grant may 

18 not exceed $2,000,000 for any recipient. 

19 (6) FEDERAL SHARE.—The total Federal share 

20 of the cost of a planning activity for which a plan21 ning grant is used may not exceed 80 percent. 

22 (7) PRIORITIES.—In selecting recipients of 

23 planning grants and technical assistance under this 

24 subsection, the Secretary shall give priority to an ap25 plication from a community that is economically disVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 advantaged, including an underserved community or 

2 a community located in an area of persistent poverty 

3 (as such term is defined in section 101 of title 23, 

4 United States Code). 

5 (d) CAPITAL CONSTRUCTION GRANTS.— 

6 (1) ELIGIBLE ENTITIES.—The Secretary may 

7 award grants (referred to in this section as a ‘‘cap8 ital construction grants’’) to eligible entities to carry 

9 out eligible projects described in paragraph (3). 

10 (2) PARTNERSHIPS.—In the case that the 

11 owner of an eligible facility that is the subject of the 

12 capital construction grant is not an eligible entity, 

13 an eligible entity shall demonstrate the existence of 

14 a partnership with the owner of the eligible facility. 

15 (3) ELIGIBLE PROJECTS.—A project eligible to 

16 be carried out with a capital construction grant in17 cludes the following: 

18 (A) The removal, retrofit, or remediation 

19 of the effects on community connectivity from 

20 of an eligible facility. 

21 (B) The replacement of an eligible facility 

22 with a new facility that— 

23 (i) restores community connectivity; 


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1 (ii) employs context sensitive solutions 

2 appropriate for the surrounding commu3 nity; and 

4 (iii) is otherwise eligible for funding 

5 under title 23, United States Code. 

6 (C) Support for community partnerships, 

7 including a community advisory board described 

8 under paragraph (7), in connection with a cap9 ital construction grant awarded under this sub10 section. 

11 (D) Other activities required to remove, re12 place, retrofit, or remediate an existing eligible 

13 facility, as determined by the Secretary. 

14 (4) SELECTION.—The Secretary shall— 

15 (A) solicit applications for capital construc16 tion grants; and 

17 (B) evaluate applications on the basis of— 

18 (i) the degree to which the project will 

19 improve mobility and access through the 

20 removal of barriers; 

21 (ii) the appropriateness of removing, 

22 retrofitting, or remediating the effects on 

23 community connectivity from the eligible 

24 facility, based on current traffic patterns 

25 and the ability of the project and the reVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 gional transportation network to absorb 

2 transportation demand and provide safe 

3 mobility and access; 

4 (iii) the impact of the project on 

5 freight movement; 

6 (iv) the results of a cost-benefit anal7 ysis of the project; 

8 (v) the opportunities for inclusive eco9 nomic development, including the existing 

10 land use and whether the zoning provides 

11 for equitable and transit-oriented develop12 ment of underutilized land; 

13 (vi) the degree to which the eligible 

14 facility is out of context with the current 

15 or planned land use; 

16 (vii) the results of any feasibility 

17 study completed for the project; 

18 (viii) whether the eligible facility is 

19 likely to need replacement or significant re20 construction within the 20-year period be21 ginning on the date of the submission of 

22 the application; 

23 (ix) whether the project is consistent 

24 with the relevant long-range transportation 


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1 plan and included in the relevant statewide 

2 transportation improvement program; and 

3 (x) whether the project is consistent 

4 with, and how the project would impact, 

5 the relevant transportation performance 

6 management targets. 

7 (5) MINIMUM AWARD AMOUNTS.—A capital 

8 construction grant shall be in an amount not less 

9 than $5,000,000 for each recipient. 

10 (6) FEDERAL SHARE.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), the Federal share of the total cost 

13 of a project carried out using a capital con14 struction grant may not exceed 80 percent. 

15 (B) MAXIMUM FEDERAL INVOLVEMENT.— 

16 Federal assistance other than a capital con17 struction grant may be used to satisfy the non18 Federal share of the cost of a project for which 

19 the grant is awarded. 

20 (7) COMMUNITY ADVISORY BOARD.— 

21 (A) IN GENERAL.—To help achieve inclu22 sive economic development benefits with respect 

23 to the project for which a grant is awarded, a 

24 grant recipient may form a community advisory 

25 board, which, if formed, shall— 


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1 (i) facilitate community engagement 

2 with respect to the project; and 

3 (ii) track progress with respect to 

4 commitments of the grant recipient to in5 clusive employment, contracting, and eco6 nomic development under the project. 

7 (B) MEMBERSHIP.—If a grant recipient 

8 forms a community advisory board under sub9 paragraph (A), the community advisory board 

10 shall be composed of representatives of— 

11 (i) the community; 

12 (ii) owners of businesses that serve 

13 the community; 

14 (iii) labor organizations that represent 

15 workers that serve the community; 

16 (iv) State and local government; and 

17 (v) private and non-profit organiza18 tions that represent local community devel19 opment. 

20 (e) ADMINISTRATIVE EXPENSES.—Of amounts made 

21 available to carry out this section, the Secretary may set 

22 aside not more than $5,000,000 in each fiscal year for 

23 the costs of administering the program under this section. 

24 (f) TECHNICAL ASSISTANCE.—Of amounts made 

25 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 to pro2 vide technical assistance to eligible entities under sub3 section (c)(3). 

4 (g) ELIGIBLE FACILITY DEFINED.— 

5 (1) IN GENERAL.—In this section, the term ‘‘el6 igible facility’’ means a highway or other transpor7 tation facility that creates a barrier to community 

8 connectivity, including barriers to mobility, access, 

9 or economic development, due to high speeds, grade 

10 separations, or other design factors. 

11 (2) INCLUSIONS.—In this section, the term ‘‘eli12 gible facility’’ may include— 

13 (A) a limited access highway; 

14 (B) a railway; 

15 (C) a viaduct; 

16 (D) a principal arterial facility; or 

17 (E) any other transportation facility for 

18 which the high speeds, grade separation, or 

19 other design factors create an obstacle to 

20 connectivity. 

21 SEC. 1312. APPRENTICESHIP UTILIZATION. 

22 (a) IN GENERAL.— 

23 (1) CERTIFICATION REQUIREMENT.—To receive 

24 a grant under sections 117 and 173 of title 23, 

25 United States Code, and section 1311 of this Act, 


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1 each applicant shall include in a grant application a 

2 certification that such applicant will ensure that any 

3 contractor or subcontractor utilized in carrying out 

4 activities with such grant— 

5 (A) meets or exceeds the apprenticeship 

6 employment goal; and 

7 (B) to the extent practicable, employs 

8 qualified apprentices from traditionally under9 represented populations, including women and 

10 minorities, in meeting or exceeding such goal. 

11 (2) EXCEPTIONS.—The Secretary may adjust 

12 the requirements of this section if the grant appli13 cant— 

14 (A) demonstrates a lack of availability of 

15 qualified apprentices in a specific geographic 

16 area; or 

17 (B) makes a good faith effort to comply 

18 with the requirements of this section. 

19 (b) REGULATIONS.—The Secretary shall have the au20 thority to issue such regulations or other guidance, forms, 

21 instructions, and publications as may be necessary or ap22 propriate to carry out the requirements of this section, in23 cluding reporting requirements for applicants awarded a 

24 grant. 


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1 (c) REPORT TO CONGRESS.—Not later than 3 years 

2 after the date of enactment of this Act, the Secretary shall 

3 submit to the Committee on Transportation and Infra4 structure of the House of Representatives and the Com5 mittee on Environment and Public Works of the Senate 

6 a report on the utilization of qualified apprentices for 

7 projects carried out under sections 117 and 173 of title 

8 23, United States Code, and section 1311 of this Act, that 

9 includes— 

10 (1) the total number of labor hours fulfilled by 

11 qualified apprentices; 

12 (2) the total number of qualified apprentices 

13 employed; 

14 (3) the total number of grant recipients that 

15 met or exceeded the apprenticeship employment 

16 goal; and 

17 (4) best practices utilized by grant recipients 

18 that met or exceeded the apprenticeship employment 

19 goal. 

20 (d) PUBLIC TRANSPARENCY.—At the end of each fis21 cal year, the Secretary shall make available on a public 

22 website information on the utilization of qualified appren23 tices in the preceding fiscal year for each grant program 

24 under sections 117 and 173 of title 23, United States 

25 Code, and section 1311 of this Act, including— 


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1 (1) the total number of grant applicants that 

2 certified they would be able to meet or exceed the 

3 apprenticeship employment goal under subsection 

4 (a); and 

5 (2) the total number of grants awarded for 

6 which applicants certified they would be able to meet 

7 or exceed the apprenticeship employment goal. 

8 (e) DEFINITIONS.—In this section: 

9 (1) APPRENTICESHIP EMPLOYMENT GOAL.— 

10 The term ‘‘apprenticeship employment goal’’ means 

11 the utilization of qualified apprentices for not less 

12 than 15 percent of the total labor hours used for 

13 construction activities for a project. 

14 (2) QUALIFIED APPRENTICE.—The term ‘‘quali15 fied apprentice’’ means an employee participating in 

16 an apprenticeship program that— 

17 (A) is registered with the Office of Appren18 ticeship of the Employment Training Adminis19 tration of the Department of Labor or a State 

20 apprenticeship agency recognized by such Office 

21 of Apprenticeship pursuant to the Act of Au22 gust 16, 1937 (29 U.S.C. 50 et seq.; commonly 

23 known as the ‘‘National Apprenticeship Act’’); 

24 and 


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1 (B) satisfies the requirements of subpart A 

2 of part 29 and part 30 of title 29, Code of Fed3 eral Regulations. 

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

5 the Secretary of Transportation. 

6 Subtitle D—Planning, Performance 

7 Management, and Asset Man8 agement 

9 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 

10 Section 134 of title 23, United States Code, is 

11 amended— 

12 (1) in subsection (a) by striking ‘‘resiliency 

13 needs while minimizing transportation-related fuel 

14 consumption and air pollution’’ and inserting ‘‘resil15 ience and climate change adaptation needs while re16 ducing transportation-related fuel consumption, air 

17 pollution, and greenhouse gas emissions’’; 

18 (2) in subsection (b)— 

19 (A) by redesignating paragraphs (6) and 

20 (7) as paragraphs (7) and (8), respectively; and 

21 (B) by inserting after paragraph (5) the 

22 following: 

23 ‘‘(6) STIP.—The term ‘STIP’ means a state24 wide transportation improvement program developed 

25 by a State under section 135(g).’’; 


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1 (3) in subsection (c)— 

2 (A) in paragraph (1) by striking ‘‘and 

3 transportation improvement programs’’ and in4 serting ‘‘and TIPs’’; and 

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

6 ‘‘(4) CONSIDERATION.—In developing the plans 

7 and TIPs, metropolitan planning organizations shall 

8 consider direct and indirect emissions of greenhouse 

9 gases.’’; 

10 (4) in subsection (d)— 

11 (A) in paragraph (2) by striking ‘‘Not 

12 later than 2 years after the date of enactment 

13 of MAP–21, each’’ and inserting ‘‘Each’’; 

14 (B) in paragraph (3) by adding at the end 

15 the following: 

16 ‘‘(D) EQUITABLE AND PROPORTIONAL

17 REPRESENTATION.— 

18 ‘‘(i) IN GENERAL.—In designating of19 ficials or representatives under paragraph 

20 (2), the metropolitan planning organization 

21 shall ensure the equitable and proportional 

22 representation of the population of the 

23 metropolitan planning area. 

24 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

25 this paragraph shall require a metropolitan 


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1 planning organization in existence on the 

2 date of enactment of this subparagraph to 

3 be restructured. 

4 ‘‘(iii) REDESIGNATION.—Notwith5 standing clause (ii), the requirements of 

6 this paragraph shall apply to any metro7 politan planning organization redesignated 

8 under paragraph (6).’’; 

9 (C) in paragraph (6)(B) by striking ‘‘para10 graph (2)’’ and inserting ‘‘paragraphs (2) or 

11 (3)(D)’’; and 

12 (D) in paragraph (7)— 

13 (i) by striking ‘‘an existing metropoli14 tan planning area’’ and inserting ‘‘an ur15 banized area’’; and 

16 (ii) by striking ‘‘the existing metro17 politan planning area’’ and inserting ‘‘the 

18 area’’; 

19 (5) in subsection (g)— 

20 (A) in paragraph (1) by striking ‘‘a metro21 politan area’’ and inserting ‘‘an urbanized 

22 area’’; 

23 (B) in paragraph (2) by striking ‘‘MPOS’’ 

24 and inserting ‘‘METROPOLITAN PLANNING

25 AREAS’’; 


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1 (C) in paragraph (3)(A) by inserting 

2 ‘‘emergency response and evacuation, climate 

3 change adaptation and resilience,’’ after ‘‘dis4 aster risk reduction,’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(4) COORDINATION BETWEEN MPOS.— 

7 ‘‘(A) IN GENERAL.—If more than one met8 ropolitan planning organization is designated 

9 within an urbanized area under subsection 

10 (d)(7), the metropolitan planning organizations 

11 designated within the area shall ensure, to the 

12 maximum extent practicable, the consistency of 

13 any data used in the planning process, includ14 ing information used in forecasting transpor15 tation demand. 

16 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

17 paragraph requires metropolitan planning orga18 nizations designated within a single urbanized 

19 area to jointly develop planning documents, in20 cluding a unified long-range transportation plan 

21 or unified TIP.’’; 

22 (6) in subsection (h)(1)— 

23 (A) by striking subparagraph (E) and in24 serting the following: 


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1 ‘‘(E) protect and enhance the environment, 

2 promote energy conservation, reduce greenhouse 

3 gas emissions, improve the quality of life and 

4 public health, and promote consistency between 

5 transportation improvements and State and 

6 local planned growth and economic development 

7 patterns, including housing and land use pat8 terns;’’; 

9 (B) in subparagraph (I)— 

10 (i) by inserting ‘‘, sea level rise, ex11 treme weather, and climate change’’ after 

12 ‘‘stormwater’’; and 

13 (ii) by striking ‘‘and’’ at the end; 

14 (C) by redesignating subparagraph (J) as 

15 subparagraph (M); and 

16 (D) by inserting after subparagraph (I) the 

17 following: 

18 ‘‘(J) support emergency management, re19 sponse, and evacuation and hazard mitigation; 

20 ‘‘(K) improve the level of transportation 

21 system access; 

22 ‘‘(L) support inclusive zoning policies and 

23 land use planning practices that incentivize af24 fordable, elastic, and diverse housing supply, fa25 cilitate long-term economic growth by improving 


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1 the accessibility of housing to jobs, and prevent 

2 high housing costs from displacing economically 

3 disadvantaged households; and’’; 

4 (7) in subsection (h)(2) by striking subpara5 graph (A) and 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 metro9 politan transportation planning process shall 

10 support the national goals described in section 

11 150(b), the achievement of metropolitan and 

12 statewide targets established under section 

13 150(d), the improvement of transportation sys14 tem access (consistent with section 150(f)), and 

15 the general purposes described in section 5301 

16 of title 49.’’; 

17 (8) in subsection (i)— 

18 (A) in paragraph (2)(D)(i) by inserting 

19 ‘‘reduce greenhouse gas emissions and’’ before 

20 ‘‘restore and maintain’’; 

21 (B) in paragraph (2)(G) by inserting ‘‘and 

22 climate change’’ after ‘‘infrastructure to natural 

23 disasters’’; 

24 (C) in paragraph (2)(H) by inserting 

25 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 


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1 (D) in paragraph (5)— 

2 (i) in subparagraph (A) by inserting 

3 ‘‘air quality, public health, housing, trans4 portation, resilience, hazard mitigation, 

5 emergency management,’’ after ‘‘conserva6 tion,’’; and 

7 (ii) by striking subparagraph (B) and 

8 inserting the following: 

9 ‘‘(B) ISSUES.—The consultation shall in10 volve, as appropriate, comparison of transpor11 tation plans to other relevant plans, including, 

12 if available— 

13 ‘‘(i) State conservation plans or maps; 

14 and 

15 ‘‘(ii) inventories of natural or historic 

16 resources.’’; and 

17 (E) by amending paragraph (6)(C) to read 

18 as follows: 

19 ‘‘(C) METHODS.— 

20 ‘‘(i) IN GENERAL.—In carrying out 

21 subparagraph (A), the metropolitan plan22 ning organization shall, to the maximum 

23 extent practicable— 


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1 ‘‘(I) hold any public meetings at 

2 convenient and accessible locations 

3 and times; 

4 ‘‘(II) employ visualization tech5 niques to describe plans; and 

6 ‘‘(III) make public information 

7 available in electronically accessible 

8 format and means, such as the inter9 net, as appropriate to afford reason10 able opportunity for consideration of 

11 public information under subpara12 graph (A). 

13 ‘‘(ii) ADDITIONAL METHODS.—In ad14 dition to the methods described in clause 

15 (i), in carrying out subparagraph (A), the 

16 metropolitan planning organization shall, 

17 to the maximum extent practicable— 

18 ‘‘(I) use virtual public involve19 ment, social media, and other web20 based tools to encourage public par21 ticipation and solicit public feedback; 

22 and 

23 ‘‘(II) use other methods, as ap24 propriate, to further encourage public 

25 participation of historically underrepVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 resented individuals in the transpor2 tation planning process.’’; 

3 (9) in subsection (j) by striking ‘‘transportation 

4 improvement program’’ and inserting ‘‘TIP’’ each 

5 place it appears; and 

6 (10) by striking ‘‘Federally’’ each place it ap7 pears and inserting ‘‘federally’’. 

8 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS9 PORTATION PLANNING. 

10 Section 135 of title 23, United States Code, is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1) by striking ‘‘state14 wide transportation improvement program’’ and 

15 inserting ‘‘STIP’’; 

16 (B) in paragraph (2)— 

17 (i) by striking ‘‘The statewide trans18 portation plan and the’’ and inserting the 

19 following: 

20 ‘‘(A) IN GENERAL.—The statewide trans21 portation plan and the’’; 

22 (ii) by striking ‘‘transportation im23 provement program’’ and inserting 

24 ‘‘STIP’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(B) CONSIDERATION.—In developing the 

4 statewide transportation plans and STIPs, 

5 States shall consider direct and indirect emis6 sions of greenhouse gases.’’; and 

7 (C) in paragraph (3) by striking ‘‘trans8 portation improvement program’’ and inserting 

9 ‘‘STIP’’; 

10 (2) in subsection (d)— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (E)— 

13 (I) by inserting ‘‘reduce green14 house gas emissions,’’ after ‘‘promote 

15 energy conservation,’’; 

16 (II) by inserting ‘‘and public 

17 health’’ after ‘‘improve the quality of 

18 life’’; and 

19 (III) by inserting ‘‘, including 

20 housing and land use patterns’’ after 

21 ‘‘economic development patterns’’; 

22 (ii) in subparagraph (I)— 

23 (I) by inserting ‘‘, sea level rise, 

24 extreme weather, and climate change’’ 

25 after ‘‘mitigate stormwater’’; and 


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1 (II) by striking ‘‘and’’ after the 

2 semicolon; 

3 (iii) by redesignating subparagraph 

4 (J) as subparagraph (M); and 

5 (iv) by inserting after subparagraph 

6 (I) the following: 

7 ‘‘(J) facilitate emergency management, re8 sponse, and evacuation and hazard mitigation; 

9 ‘‘(K) improve the level of transportation 

10 system access; 

11 ‘‘(L) support inclusive zoning policies and 

12 land use planning practices that incentivize af13 fordable, elastic, and diverse housing supply, fa14 cilitate long-term economic growth by improving 

15 the accessibility of housing to jobs, and prevent 

16 high housing costs from displacing economically 

17 disadvantaged households; and’’; 

18 (B) in paragraph (2)— 

19 (i) by striking subparagraph (A) and 

20 inserting the following: 

21 ‘‘(A) IN GENERAL.—Through the use of a 

22 performance-based approach, transportation in23 vestment decisions made as a part of the state24 wide transportation planning process shall sup25 port— 


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1 ‘‘(i) the national goals described in 

2 section 150(b); 

3 ‘‘(ii) the consideration of transpor4 tation system access (consistent with sec5 tion 150(f)); 

6 ‘‘(iii) the achievement of statewide 

7 targets established under section 150(d); 

8 and 

9 ‘‘(iv) the general purposes described 

10 in section 5301 of title 49.’’; and 

11 (ii) in subparagraph (D) by striking 

12 ‘‘statewide transportation improvement 

13 program’’ and inserting ‘‘STIP’’; and 

14 (C) in paragraph (3) by striking ‘‘state15 wide transportation improvement program’’ and 

16 inserting ‘‘STIP’’; 

17 (3) in subsection (e)(3) by striking ‘‘transpor18 tation improvement program’’ and inserting 

19 ‘‘STIP’’; 

20 (4) in subsection (f)— 

21 (A) in paragraph (2)(D)— 

22 (i) in clause (i) by inserting ‘‘air qual23 ity, public health, housing, transportation, 

24 resilience, hazard mitigation, emergency 

25 management,’’ after ‘‘conservation,’’; and 


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1 (ii) by amending clause (ii) to read as 

2 follows: 

3 ‘‘(ii) COMPARISON AND CONSIDER4 ATION.—Consultation under clause (i) 

5 shall involve the comparison of transpor6 tation plans to other relevant plans and in7 ventories, including, if available— 

8 ‘‘(I) State and tribal conservation 

9 plans or maps; and 

10 ‘‘(II) inventories of natural or 

11 historic resources.’’; 

12 (B) in paragraph (3)(B)— 

13 (i) by striking ‘‘In carrying out’’ and 

14 inserting the following: 

15 ‘‘(i) IN GENERAL.—in carrying out’’; 

16 (ii) by redesignating clauses (i) 

17 through (iv) as subclauses (I) through 

18 (IV), respectively; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(ii) ADDITIONAL METHODS.—In ad22 dition to the methods described in clause 

23 (i), in carrying out subparagraph (A), the 

24 State shall, to the maximum extent prac25 ticable— 


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1 ‘‘(I) use virtual public involve2 ment, social media, and other web3 based tools to encourage public par4 ticipation and solicit public feedback; 

5 and 

6 ‘‘(II) use other methods, as ap7 propriate, to further encourage public 

8 participation of historically underrep9 resented individuals in the transpor10 tation planning process.’’; 

11 (C) in paragraph (4)(A) by inserting ‘‘re12 duce greenhouse gas emissions and’’ after ‘‘po13 tential to’’; and 

14 (D) in paragraph (8) by inserting ‘‘green15 house gas emissions,’’ after ‘‘pollution,’’; 

16 (5) in subsection (g)— 

17 (A) in paragraph (1)(A) by striking ‘‘state18 wide transportation improvement program’’ and 

19 inserting ‘‘STIP’’; 

20 (B) in paragraph (3) by striking ‘‘opera21 tors),,’’ and inserting ‘‘operators),’’; 

22 (C) in paragraph (4) by striking ‘‘state23 wide transportation improvement program’’ and 

24 inserting ‘‘STIP’’ each place it appears; 

25 (D) in paragraph (5)— 


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1 (i) in subparagraph (A) by striking 

2 ‘‘transportation improvement program’’ 

3 and inserting ‘‘STIP’’; 

4 (ii) in subparagraph (B)(ii) by strik5 ing ‘‘metropolitan transportation improve6 ment program’’ and inserting ‘‘TIP’’; 

7 (iii) in subparagraph (C) by striking 

8 ‘‘transportation improvement program’’ 

9 and inserting ‘‘STIP’’ each place it ap10 pears; 

11 (iv) in subparagraph (E) by striking 

12 ‘‘transportation improvement program’’ 

13 and inserting ‘‘STIP’’; 

14 (v) in subparagraph (F)(i) by striking 

15 ‘‘transportation improvement program’’ 

16 and inserting ‘‘STIP’’ each place it ap17 pears; 

18 (vi) in subparagraph (G)(ii) by strik19 ing ‘‘transportation improvement program’’ 

20 and inserting ‘‘STIP’’; and 

21 (vii) in subparagraph (H) by striking 

22 ‘‘transportation improvement program’’ 

23 and inserting ‘‘STIP’’; 

24 (E) in paragraph (6)— 

25 (i) in subparagraph (A)— 


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1 (I) by striking ‘‘transportation 

2 improvement program’’ and inserting 

3 ‘‘STIP’’; and 

4 (II) by striking ‘‘and projects 

5 carried out under the bridge program 

6 or the Interstate maintenance pro7 gram’’; and 

8 (ii) in subparagraph (B)— 

9 (I) by striking ‘‘or under the 

10 bridge program or the Interstate 

11 maintenance program’’; 

12 (II) by striking ‘‘5310, 5311, 

13 5316, and 5317’’ and inserting ‘‘5310 

14 and 5311’’; and 

15 (III) by striking ‘‘statewide 

16 transportation improvement program’’ 

17 and inserting ‘‘STIP’’; 

18 (F) in paragraph (7)— 

19 (i) in the heading by striking ‘‘TRANS20 PORTATION IMPROVEMENT PROGRAM’’ and 

21 inserting ‘‘STIP’’; and 

22 (ii) by striking ‘‘transportation im23 provement program’’ and inserting 

24 ‘‘STIP’’; 


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1 (G) in paragraph (8) by striking ‘‘state2 wide transportation plans and programs’’ and 

3 inserting ‘‘statewide transportation plans and 

4 STIPs’’; and 

5 (H) in paragraph (9) by striking ‘‘trans6 portation improvement program’’ and inserting 

7 ‘‘STIP’’; 

8 (6) in subsection (h)(2)(A) by striking ‘‘Not 

9 later than 5 years after the date of enactment of the 

10 MAP–21,’’ and inserting ‘‘Not less frequently than 

11 once every 4 years,’’; 

12 (7) in subsection (k) by striking ‘‘transportation 

13 improvement program’’ and inserting ‘‘STIP’’ each 

14 place it appears; and 

15 (8) in subsection (m) by striking ‘‘transpor16 tation improvement programs’’ and inserting 

17 ‘‘STIPs’’. 

18 SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE19 MENT MEASURES. 

20 (a) IN GENERAL.—Section 150 of title 23, United 

21 States Code, is amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (1) by inserting ‘‘or 

24 elimination’’ after ‘‘significant reduction’’; 


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1 (B) by redesignating paragraph (7) as 

2 paragraph (8); and 

3 (C) by inserting after paragraph (6) the 

4 following: 

5 ‘‘(7) COMBATING CLIMATE CHANGE.—To re6 duce carbon dioxide and other greenhouse gas emis7 sions and reduce the climate impacts of the trans8 portation system.’’; 

9 (2) in subsection (c)— 

10 (A) in paragraph (1) by striking ‘‘Not 

11 later than 18 months after the date of enact12 ment of the MAP–21, the Secretary’’ and in13 serting ‘‘The Secretary’’; and 

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

15 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec16 retary shall establish, in consultation with the Ad17 ministrator of the Environmental Protection Agency, 

18 measures for States to use to assess— 

19 ‘‘(A) carbon dioxide emissions per capita 

20 on public roads; 

21 ‘‘(B) carbon dioxide emissions using dif22 ferent parameters than described in subpara23 graph (A) that the Secretary determines to be 

24 appropriate; and 


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1 ‘‘(C) any other greenhouse gas emissions 

2 on public roads that the Secretary determines 

3 to be appropriate.’’; 

4 (3) in subsection (d)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘Not later than 1 year 

7 after the Secretary has promulgated the 

8 final rulemaking under subsection (c), 

9 each’’ and inserting ‘‘Each’’; and 

10 (ii) by striking ‘‘and (6)’’ and insert11 ing ‘‘(6), and (7)’’; and 

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

13 ‘‘(3) REGRESSIVE TARGETS.— 

14 ‘‘(A) IN GENERAL.—A State may not es15 tablish a regressive target for the measures de16 scribed under paragraph (4) or paragraph (7) 

17 of subsection (c). 

18 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 

19 this paragraph, the term ‘regressive target’ 

20 means a target that fails to demonstrate con21 stant or improved performance for a particular 

22 measure.’’; 

23 (4) in subsection (e)— 


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1 (A) by striking ‘‘Not later than 4 years 

2 after the date of enactment of the MAP–21 and 

3 biennially thereafter, a’’ and inserting ‘‘A’’; and 

4 (B) by inserting ‘‘biennial’’ after ‘‘the Sec5 retary a’’; and 

6 (5) by adding at the end the following: 

7 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish measures for States and metropolitan planning 

10 organizations to use to assess the level of safe, reli11 able, and convenient transportation system access 

12 to— 

13 ‘‘(A) employment; and 

14 ‘‘(B) services. 

15 ‘‘(2) CONSIDERATIONS.—The measures estab16 lished pursuant to paragraph (1) shall include the 

17 ability for States and metropolitan planning organi18 zations to assess— 

19 ‘‘(A) the change in the level of transpor20 tation system access for various modes of trav21 el, including connection to other modes of 

22 transportation, that would result from new 

23 transportation investments; 


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1 ‘‘(B) the level of transportation system ac2 cess for economically disadvantaged commu3 nities, including to affordable housing; and 

4 ‘‘(C) the extent to which transportation ac5 cess is impacted by zoning policies and land use 

6 planning practices that effect the affordability, 

7 elasticity, and diversity of the housing supply. 

8 ‘‘(3) DEFINITION OF SERVICES.—In this sub9 section, the term ‘services’ includes healthcare facili10 ties, child care, education and workforce training, 

11 food sources, banking and other financial institu12 tions, and other retail shopping establishments.’’. 

13 (b) METROPOLITAN TRANSPORTATION PLANNING; 

14 TITLE 23.—Section 134 of title 23, United States Code, 

15 is further amended— 

16 (1) in subsection (j)(2)(D)— 

17 (A) by striking ‘‘PERFORMANCE TARGET

18 ACHIEVEMENT’’ in the heading and inserting 

19 ‘‘PERFORMANCE MANAGEMENT’’; 

20 (B) by striking ‘‘The TIP’’ and inserting 

21 the following: 

22 ‘‘(i) IN GENERAL.—The TIP’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(ii) TRANSPORTATION MANAGEMENT

25 AREAS.—For metropolitan planning areas 


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1 that represent an urbanized area des2 ignated as a transportation management 

3 area under subsection (k), the TIP shall 

4 include— 

5 ‘‘(I) a discussion of the antici6 pated effect of the TIP toward achiev7 ing the performance targets estab8 lished in the metropolitan transpor9 tation plan, linking investment prior10 ities to such performance targets; and 

11 ‘‘(II) a description of how the an12 ticipated effect of the TIP would im13 prove the overall level of transpor14 tation system access, consistent with 

15 section 150(f).’’; 

16 (2) in subsection (k)— 

17 (A) in paragraph (3)(A)— 

18 (i) by striking ‘‘shall address conges19 tion management’’ and inserting the fol20 lowing: ‘‘shall address— 

21 ‘‘(i) congestion management’’; 

22 (ii) by striking the period at the end 

23 and inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 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 

6 with section 150(f), that is based on a co7 operatively developed and implemented 

8 metropolitan-wide strategy, assessing both 

9 new and existing transportation facilities 

10 eligible for funding under this title and 

11 chapter 53 of title 49.’’; 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).’’; and 

23 (3) in subsection (l)(2)— 

24 (A) by striking ‘‘5 years after the date of 

25 enactment of the MAP–21’’ and inserting ‘‘2 


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1 years after the date of enactment of the IN2 VEST in America Act, and every 2 years there3 after’’; 

4 (B) in subparagraph (C) by striking ‘‘and 

5 whether metropolitan planning organizations 

6 are developing meaningful performance targets; 

7 and’’ 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 

13 established by the metropolitan planning orga14 nization are meaningful or regressive (as de15 fined in section 150(d)(3)(B)); and 

16 ‘‘(E) the progress of implementing the 

17 measure established under section 150(f).’’. 

18 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR19 TATION PLANNING; TITLE 23.—Section 135(g)(4) of title 

20 23, United States Code, is further amended— 

21 (1) by striking ‘‘PERFORMANCE TARGET

22 ACHIEVEMENT’’ in the heading and inserting ‘‘PER23 FORMANCE MANAGEMENT’’; 


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1 (2) by striking ‘‘shall include, to the maximum 

2 extent practicable, a discussion’’ and inserting the 

3 following: ‘‘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 trans10 portation 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 

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1 ignated as a transportation management 

2 area under subsection (k), the TIP shall 

3 include— 

4 ‘‘(I) a discussion of the antici5 pated effect of the TIP toward achiev6 ing the performance targets estab7 lished in the metropolitan transpor8 tation plan, linking investment prior9 ities to such performance targets; and 

10 ‘‘(II) a description of how the an11 ticipated effect of the TIP would im12 prove the overall level of transpor13 tation system access, consistent with 

14 section 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 

6 with section 150(f) of title 23, that is 

7 based on a cooperatively developed and im8 plemented metropolitan-wide strategy, as9 sessing both new and existing transpor10 tation facilities eligible for funding under 

11 this chapter and 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.’’; 

23 and 

24 (3) in subsection (l)(2)— 


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1 (A) by striking ‘‘5 years after the date of 

2 enactment of the Federal Public Transportation 

3 Act of 2012’’ and inserting ‘‘2 years after the 

4 date of enactment of the INVEST in America 

5 Act, and every 2 years thereafter,’’; 

6 (B) in subparagraph (C) by striking ‘‘and 

7 whether metropolitan planning organizations 

8 are developing meaningful performance targets; 

9 and’’ and inserting a semicolon; and 

10 (C) by striking subparagraph (D) and in11 serting the following: 

12 ‘‘(D) a listing of all metropolitan planning 

13 organizations that are establishing performance 

14 targets and whether such performance targets 

15 established by the metropolitan planning orga16 nization are meaningful or regressive (as de17 fined in section 150(d)(3)(B) of title 23); and 

18 ‘‘(E) the progress of implementing the 

19 measure established under section 150(f) of 

20 title 23.’’. 

21 (e) STATEWIDE AND NONMETROPOLITAN TRANSPOR22 TATION PLANNING; TITLE 49.—Section 5304(g)(4) of 

23 title 49, United States Code, is amended— 


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1 (1) by striking ‘‘PERFORMANCE TARGET

2 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN3 AGEMENT’’; 

4 (2) by striking ‘‘shall include, to the maximum 

5 extent practicable, a discussion’’ and inserting the 

6 following: ‘‘shall include 

7 ‘‘(A) a discussion’’; 

8 (3) by striking the period at the end and insert9 ing ‘‘; and’’; 

10 (4) by striking ‘‘statewide transportation im11 provement program’’ and inserting ‘‘STIP’’ each 

12 place it appears; and 

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

14 ‘‘(B) a consideration of the anticipated ef15 fect of the STIP on the overall level of trans16 portation system access, consistent with section 

17 150(f) of title 23.’’. 

18 (f) SAVINGS CLAUSE.— 

19 (1) REGRESSIVE TARGETS.—The prohibition in 

20 the amendment made by subsection (a)(3)(B) shall 

21 apply to States beginning on the date that is 1 year 

22 before the subsequent State target and reporting 

23 deadlines related to safety performance management 

24 established pursuant to section 150 of title 23, 

25 United States Code. 


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1 (2) ACCESS PLANNING REQUIREMENTS.—The 

2 requirements in the amendments made by sub3 sections (b), (c), (d), and (e) shall apply beginning 

4 on the date on which the requirements for the meas5 ure described in section 150(f) of title 23, United 

6 States Code, take effect. 

7 (g) DEVELOPMENT OF GREENHOUSE GAS MEAS8 URE.—Not later than 1 year after the date of enactment 

9 of this Act, the Secretary of Transportation shall issue 

10 such regulations as are necessary to carry out paragraph 

11 (7) of section 150(c) of title 23, United States Code, as 

12 added by this Act. 

13 (h) DEVELOPMENT OF TRANSPORTATION SYSTEM

14 ACCESS MEASURE.— 

15 (1) ESTABLISHMENT.—Not later than 120 days 

16 after the date of enactment of this Act, the Sec17 retary of Transportation shall establish a working 

18 group to assess the provisions of paragraphs (1) and 

19 (2) of section 150(f) and make recommendations re20 garding the establishment of measures for States 

21 and metropolitan planning organizations to use to 

22 assess the level of transportation system access for 

23 various modes of travel, consistent with section 

24 150(f) of title 23, United States Code. 


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1 (2) MEMBERS.—The working group established 

2 pursuant to paragraph (1) shall include representa3 tives from— 

4 (A) the Department of Transportation; 

5 (B) State departments of transportation, 

6 including representatives that specialize in pe7 destrian and bicycle safety; 

8 (C) the Bureau of Transportation Statis9 tics; 

10 (D) metropolitan planning organizations 

11 representing transportation management areas 

12 (as those terms are defined in section 134 of 

13 title 23, United States Code); 

14 (E) other metropolitan planning organiza15 tions or local governments; 

16 (F) providers of public transportation; 

17 (G) nonprofit entities related to transpor18 tation, including relevant safety groups; 

19 (H) experts in the field of transportation 

20 access data; and 

21 (I) any other stakeholders, as determined 

22 by the Secretary. 

23 (3) REPORT.— 

24 (A) SUBMISSION.—Not later than 1 year 

25 after the establishment of the working group 


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1 pursuant to paragraph (1), the working group 

2 shall submit to the Secretary a report of rec3 ommendations regarding the establishment of 

4 measures for States and metropolitan planning 

5 organizations to use to assess the level of trans6 portation system access, consistent with section 

7 150(f) of title 23, United States Code. 

8 (B) PUBLICATION.—Not later than 30 

9 days after the date on which the Secretary re10 ceives the report under subparagraph (A), the 

11 Secretary shall publish the report on a publicly 

12 accessible website of the Department of Trans13 portation. 

14 (4) RULEMAKING.—Not later than 2 years after 

15 the date on which the Secretary receives the report 

16 under paragraph (3), the Secretary shall issue such 

17 regulations as are necessary to implement the re18 quirements of section 150(f) of title 23, United 

19 States Code. 

20 (5) TERMINATION.—The Secretary shall termi21 nate the working group established pursuant to 

22 paragraph (1) on the date on which the regulation 

23 issued pursuant to paragraph (4) takes effect. 

24 (i) TRANSPORTATION SYSTEM ACCESS DATA.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date on which the Secretary of Transportation 

3 establishes the measure required under section 

4 150(f) of title 23, United States Code, the Secretary 

5 shall develop or procure eligible transportation sys6 tem access data sets and analytical tools and make 

7 such data sets and analytical tools available to State 

8 departments of transportation and metropolitan 

9 planning areas that represent transportation man10 agement areas. 

11 (2) REQUIREMENTS.—An eligible transpor12 tation system access data set and analytical tool 

13 shall have the following characteristics: 

14 (A) The ability to quantify the level of 

15 safe, reliable, and convenient transportation 

16 system access to— 

17 (i) employment; 

18 (ii) services; and 

19 (iii) connections to other modes of 

20 transportation. 

21 (B) The ability to quantify transportation 

22 system access for various modes of travel, in23 cluding— 

24 (i) driving; 

25 (ii) public transportation; 


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1 (iii) walking (including conveyance for 

2 persons with disabilities); and 

3 (iv) cycling (including micromobility). 

4 (C) The ability to disaggregate the level of 

5 transportation system access by various trans6 portation modes by a variety of population cat7 egories, including— 

8 (i) low-income populations; 

9 (ii) minority populations; 

10 (iii) age; 

11 (iv) disability; and 

12 (v) geographical location. 

13 (D) The ability to assess the change in the 

14 level of transportation system access that would 

15 result from new transportation investments. 

16 (3) CONSIDERATION.—An eligible transpor17 tation system access data set and analytical tool 

18 shall take into consideration safe and connected net19 works for walking, cycling, and persons with disabil20 ities. 

21 (j) DEFINITIONS.—In this section: 

22 (1) TRANSPORTATION SYSTEM ACCESS.—The 

23 term ‘‘transportation system access’’ has the mean24 ing given such term in section 101 of title 23, 

25 United States Code. 


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1 (2) SERVICES.—The term ‘‘services’’ has the 

2 meaning given such term in section 150(f) of title 

3 23, United States Code. 

4 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD5 ELING STUDY. 

6 (a) STUDY.— 

7 (1) IN GENERAL.—The Secretary of Transpor8 tation shall conduct a study on transportation de9 mand data and modeling, including transportation 

10 demand forecasting, and make recommendations for 

11 developing and utilizing transportation and traffic 

12 demand models with a demonstrated record of accu13 racy. 

14 (2) CONTENTS.—In carrying out the study 

15 under this section, the Secretary shall— 

16 (A) collect observed transportation demand 

17 data and transportation demand forecasts from 

18 States and metropolitan planning organizations, 

19 including data and forecasts on— 

20 (i) traffic counts; 

21 (ii) transportation mode share and 

22 public transportation ridership; and 

23 (iii) vehicle occupancy measures; 

24 (B) compare the transportation demand 

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1 mand data gathered under subparagraph (A), 

2 including an analysis of the level of accuracy of 

3 forecasts and possible reasons for large discrep4 ancies; and 

5 (C) use the information described in sub6 paragraphs (A) and (B) to— 

7 (i) develop best practices and guid8 ance for States and metropolitan planning 

9 organizations to use in forecasting trans10 portation demand for future investments in 

11 transportation improvements; 

12 (ii) evaluate the impact of transpor13 tation investments, including new roadway 

14 capacity, on transportation behavior and 

15 transportation demand, including public 

16 transportation ridership, induced highway 

17 transportation, and congestion; 

18 (iii) support more accurate transpor19 tation demand forecasting by States and 

20 metropolitan planning organizations; 

21 (iv) enhance the capacity of States 

22 and metropolitan planning organizations 

23 to— 

24 (I) forecast transportation de25 mand; and 


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1 (II) track observed transpor2 tation behavior responses, including 

3 induced transportation, to changes in 

4 transportation capacity, pricing, and 

5 land use patterns; and 

6 (v) develop transportation demand 

7 management strategies to maximize the ef8 ficiency of the transportation system, im9 prove mobility, reduce congestion, and 

10 lower vehicle emissions. 

11 (3) COVERED ENTITIES.—In carrying out the 

12 study under this section, the Secretary shall ensure 

13 that data and forecasts described in paragraph 

14 (2)(A) are collected from— 

15 (A) States; 

16 (B) metropolitan planning organizations 

17 that serve an area with a population of 200,000 

18 people or fewer; and 

19 (C) metropolitan planning organizations 

20 that serve an area with a population of over 

21 200,000 people. 

22 (4) WORKING WITH THE PRIVATE SECTOR.—In 

23 carrying out this section, the Secretary may, and is 

24 encouraged to, procure additional data as necessary 

25 from university transportation centers, private sector 


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1 providers, and other entities as is needed and may 

2 use funds authorized under section 503(b) of title 

3 23, United States Code, for carrying out this para4 graph. 

5 (5) WORKING WITH AFFECTED COMMU6 NITIES.—In carrying out this section, the Secretary 

7 shall consult with, and collect data and input from, 

8 representatives of— 

9 (A) the Department of Transportation; 

10 (B) State departments of transportation; 

11 (C) metropolitan planning organizations; 

12 (D) local governments; 

13 (E) providers of public transportation; 

14 (F) nonprofit entities related to transpor15 tation, including safety, cycling, disability, and 

16 equity groups; and 

17 (G) any other stakeholders, as determined 

18 by the Secretary. 

19 (b) REPORT.—Not later than 2 years after the date 

20 of enactment of this Act, the Secretary shall submit to 

21 Congress a report containing the findings of the study 

22 conducted under subsection (a). 

23 (c) SECRETARIAL SUPPORT.—The Secretary shall 

24 seek opportunities to support the transportation planning 

25 processes under sections 134 and 135 of title 23, United 


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1 States Code, through the provision of data to States and 

2 metropolitan planning organizations to improve the qual3 ity of transportation plans, models, and demand forecasts. 

4 (d) UPDATE GUIDANCE AND REGULATIONS.—The 

5 Secretary shall— 

6 (1) update Department of Transportation guid7 ance and procedures to utilize best practices docu8 mented throughout the Federal program; and 

9 (2) ensure that best practices included in the 

10 report are incorporated into appropriate regulations 

11 as such regulations are updated. 

12 (e) CONTINUING IMPROVEMENT.—The Secretary 

13 shall set out a process to repeat the study under this sec14 tion every 2 years as part of the conditions and perform15 ance report, including— 

16 (1) progress in the accuracy of model projec17 tions; 

18 (2) further recommendations for improvement; 

19 and 

20 (3) further changes to guidance, regulation, and 

21 procedures required for the Department of Trans22 portation to adopt best practices. 


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1 SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS2 PORTATION PLANS. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Secretary shall amend section 

5 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 

6 to ensure that the outer years of a metropolitan transpor7 tation plan are defined as ‘‘beyond the first 4 years’’. 

8 Subtitle E—Federal Lands, Tribes, 

9 and Territories 

10 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO11 GRAM. 

12 (a) IN GENERAL.—Section 165 of title 23, United 

13 States Code, is amended— 

14 (1) by striking subsection (a) and inserting the 

15 following: 

16 ‘‘(a) ANNUAL ALLOCATION.—For the Puerto Rico 

17 and territorial highway program, there shall be made 

18 available— 

19 ‘‘(1) $340,000,000 for the Puerto Rico highway 

20 program under subsection (b) for each of fiscal years 

21 2023 through 2026; and 

22 ‘‘(2) for the territorial highway program under 

23 subsection (c)— 

24 ‘‘(A) $113,044,097 for fiscal year 2023; 

25 ‘‘(B) $114,961,294 for fiscal year 2024; 


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1 ‘‘(C) $117,190,719 for fiscal year 2025; 

2 and 

3 ‘‘(D) $119,237,332 for fiscal year 2026.’’; 

4 (2) in subsection (b)(2) by adding at the end 

5 the following: 

6 ‘‘(D) TRANSFERABILITY.—Of the amounts 

7 described in clauses (i) and (ii) of subparagraph 

8 (C) for the Puerto Rico highway program, 

9 Puerto Rico may transfer not to exceed 50 per10 cent in a fiscal year of such amounts for activi11 ties described in clause (iii) of such subpara12 graph.’’. 

13 (3) in subsection (c)(6)(A)— 

14 (A) by redesignating clauses (iv), (v), (vi), 

15 and (vii) as clauses (v), (vi), (vii), and (viii), re16 spectively; and 

17 (B) by inserting after clause (iii) the fol18 lowing: 

19 ‘‘(iv) Ferry boats and terminal facili20 ties that are privately or majority privately 

21 owned, in accordance with paragraphs (1), 

22 (2), (4), (5), (6), and (7) of section 129(c), 

23 that provide a substantial public benefit.’’; 

24 and 

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


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1 ‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE2 TIONARY PROGRAMS.—For any program in which the Sec3 retary may allocate funds out of the Highway Trust Fund 

4 (other than the Mass Transit Account) to a State at the 

5 discretion of the Secretary, the Secretary may allocate 

6 funds to one or more territory for any project or activity 

7 that otherwise would be eligible under such program if 

8 such project or activity was being carried out in a State.’’. 

9 (b) ACCESS AND DEVELOPMENT ROADS.—Section 

10 118(d) of title 23, United States Code, is amended by 

11 striking ‘‘and the Commonwealth of Puerto Rico’’ and in12 serting ‘‘, the Commonwealth of Puerto Rico, and any 

13 other territory of the United States’’. 

14 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 

15 Section 202 of title 23, United States Code, is 

16 amended— 

17 (1) in subsection (d)— 

18 (A) in paragraph (1) by striking ‘‘improv19 ing deficient’’ and inserting ‘‘the construction 

20 and reconstruction of’’; 

21 (B) in paragraph (2)— 

22 (i) in subparagraph (A) by inserting 

23 ‘‘construct,’’ after ‘‘project to’’; and 

24 (ii) in subparagraph (B)— 

25 (I) by striking ‘‘deficient’’; and 


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1 (II) by inserting ‘‘in poor condi2 tion’’ after ‘‘facility bridges’’; and 

3 (C) in paragraph (3)— 

4 (i) in the heading by striking ‘‘ELIGI5 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY

6 FOR EXISTING BRIDGES’’; 

7 (ii) by striking ‘‘a bridge’’ and insert8 ing ‘‘an existing bridge’’; and 

9 (iii) in subparagraph (C) by striking 

10 ‘‘structurally deficient or functionally obso11 lete’’ and inserting ‘‘in poor condition’’; 

12 and 

13 (2) in subsection (e) by striking ‘‘for eligible 

14 projects described in section 148(a)(4).’’ and insert15 ing the following: ‘‘for— 

16 ‘‘(A) eligible projects described in section 

17 148(a)(4); 

18 ‘‘(B) projects to promote public awareness 

19 and education concerning highway safety mat20 ters (including bicycle, all-terrain, motorcyclist, 

21 and pedestrian safety); or 

22 ‘‘(C) projects to enforce highway safety 

23 laws.’’. 


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1 SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

2 (a) TRIBAL TRANSPORTATION PROGRAM.—Section 

3 202 of title 23, United States Code, is amended— 

4 (1) by redesignating subsection (f) as sub5 section (g); and 

6 (2) by inserting after subsection (e) the fol7 lowing: 

8 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

9 Before making any distribution under subsection (b), the 

10 Secretary shall set aside $50,000,000 from the funds 

11 made available under the tribal transportation program 

12 for each fiscal year to carry out the Tribal High Priority 

13 Projects program under section 1123 of MAP–21 (23 

14 U.S.C. 202 note).’’. 

15 (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

16 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend17 ed— 

18 (1) in subsection (a)(1)(C) by striking ‘‘re19 quired by that section’’ and inserting ‘‘required 

20 under such program’’; 

21 (2) in subsection (b)(1) by striking ‘‘use 

22 amounts made available under subsection (h) to’’; 

23 (3) in subsection (d)— 

24 (A) in paragraph (2) by inserting ‘‘, in 

25 consultation with the Secretary of the Interior,’’ 

26 after ‘‘The Secretary’’; and 


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1 (B) in paragraph (3) by striking ‘‘of the 

2 Interior’’ each place it appears; 

3 (4) in subsection (f) by striking ‘‘$1,000,000’’ 

4 and inserting ‘‘$5,000,000’’; 

5 (5) in subsection (g) by striking ‘‘and the Sec6 retary’’ and inserting ‘‘or the Secretary’’; and 

7 (6) by striking subsection (h) and inserting the 

8 following: 

9 ‘‘(h) ADMINISTRATION.—The funds made available to 

10 carry out this section shall be administered in the same 

11 manner as funds made available for the Tribal transpor12 tation program under section 202 of title 23, United 

13 States Code.’’. 

14 SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 

15 (a) IN GENERAL.—Section 203(a) of title 23, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR19 RIDORS.— 

20 ‘‘(A) REQUEST.—If the head of a covered 

21 agency determines that a high-commuter cor22 ridor requires additional investment, based on 

23 the criteria described in subparagraph (D), the 

24 head of a covered agency, with respect to such 

25 corridor, shall submit to the State— 


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1 ‘‘(i) information on condition of pave2 ments and bridges; 

3 ‘‘(ii) an estimate of the amounts need4 ed to bring such corridor into a state of 

5 good repair, taking into consideration any 

6 planned future investments; and 

7 ‘‘(iii) at the discretion of the head of 

8 a covered agency, a request that the State 

9 transfer to the covered agency, under the 

10 authority of section 132 or section 204, or 

11 to the Federal Highway Administration, 

12 under the authority of section 104, a por13 tion of such amounts necessary to address 

14 the condition of the corridor. 

15 ‘‘(B) STATE RESPONSE.—Not later than 

16 45 days after the date of receipt of the request 

17 described in subparagraph (A)(iii), the State 

18 shall— 

19 ‘‘(i) approve the request; 

20 ‘‘(ii) deny the request and explain the 

21 reasons for such denial; or 

22 ‘‘(iii) request any additional informa23 tion necessary to take action on the re24 quest. 


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1 ‘‘(C) NOTIFICATION TO THE SEC2 RETARY.—The head of a covered agency shall 

3 provide to the Secretary a copy of any request 

4 described under subparagraph (A)(iii) and re5 sponse described under subparagraph (B). 

6 ‘‘(D) CRITERIA.—In making a determina7 tion under subparagraph (A), the head of a cov8 ered agency, with respect to the corridor, shall 

9 consider— 

10 ‘‘(i) the condition of roads, bridges, 

11 and tunnels; and 

12 ‘‘(ii) the average annual daily traffic. 

13 ‘‘(E) DEFINITIONS.—In this paragraph: 

14 ‘‘(i) COVERED AGENCY.—The term 

15 ‘covered agency’ means a Federal agency 

16 eligible to receive funds under this section, 

17 section 203, or section 204, including the 

18 Army Corps of Engineers, Bureau of Rec19 lamation, and the Bureau of Land Man20 agement. 

21 ‘‘(ii) HIGH-COMMUTER CORRIDOR.— 

22 The term ‘high-commuter corridor’ means 

23 a Federal lands transportation facility that 

24 has an average annual daily traffic of not 

25 less than 20,000 vehicles.’’. 


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1 (b) GAO STUDY REGARDING NPS MAINTENANCE.— 

2 (1) STUDY.—The Comptroller General of the 

3 United States shall study the National Park Service 

4 maintenance prioritization of Federal lands trans5 portation facilities. 

6 (2) CONTENTS.—At minimum, the study under 

7 paragraph (1) shall examine— 

8 (A) general administrative maintenance of 

9 the National Park Service; 

10 (B) how the National Park Service cur11 rently prioritizes maintenance of Federal facili12 ties covered under the Federal Lands Transpor13 tation Program; 

14 (C) what kind of maintenance the National 

15 Parkway Service is performing; 

16 (D) to what degree does the National Park 

17 Service prioritize high-commuter corridors; and 

18 (E) how the National Park Service can 

19 better service the needs of high commuter cor20 ridors. 

21 (3) REPORT.—Not later than 1 year after the 

22 date of enactment of this Act, the Comptroller Gen23 eral shall submit to the Committee on Transpor24 tation and Infrastructure of the House of Represent25 atives and the Committee on Environment and PubVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 lic Works of the Senate a report summarizing the 

2 study and the results of such study, including rec3 ommendations for addressing the maintenance needs 

4 and prioritization of high-commuter corridors. 

5 (4) DEFINITION OF HIGH-COMMUTER COR6 RIDOR.—In this section, the term ‘‘high-commuter 

7 corridor’’ means a Federal lands transportation fa8 cility that has average annual daily traffic of not less 

9 than 20,000 vehicles. 

10 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 

11 PROGRAM. 

12 (a) IN GENERAL.—Chapter 2 of title 23, United 

13 States Code, is amended by inserting after section 207 the 

14 following: 

15 ‘‘§ 208. Federal lands and Tribal major projects pro16 gram 

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab18 lish a Federal lands and Tribal major projects program 

19 (referred to in this section as the ‘program’) to provide 

20 funding to construct, reconstruct, or rehabilitate critical 

21 Federal lands and Tribal transportation infrastructure. 

22 ‘‘(b) ELIGIBLE APPLICANTS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), entities eligible to receive funds under 


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1 sections 201, 202, 203, and 204 may apply for fund2 ing under the program. 

3 ‘‘(2) SPECIAL RULE.—A State, county, or unit 

4 of local government may only apply for funding 

5 under the program if sponsored by an eligible Fed6 eral agency or Indian Tribe. 

7 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 

8 the program shall be on a Federal lands transportation 

9 facility, a Federal lands access transportation facility, or 

10 a tribal transportation facility, except that such facility is 

11 not required to be included in an inventory described in 

12 section 202 or 203, and for which— 

13 ‘‘(1) the project— 

14 ‘‘(A) has completed the activities required 

15 under the National Environmental Policy Act of 

16 1969 (42 U.S.C. 4321 et seq.) which has been 

17 demonstrated through— 

18 ‘‘(i) a record of decision with respect 

19 to the project; 

20 ‘‘(ii) a finding that the project has no 

21 significant impact; or 

22 ‘‘(iii) a determination that the project 

23 is categorically excluded; or 


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1 ‘‘(B) is reasonably expected to begin con2 struction not later than 18 months after the 

3 date of obligation of funds for the project; and 

4 ‘‘(2) the project has an estimated cost equal to 

5 or exceeding— 

6 ‘‘(A) $12,500,000 if it is on a Federal 

7 lands transportation facility or a Federal lands 

8 access transportation facility; and 

9 ‘‘(B) $5,000,000 if it is on a Tribal trans10 portation facility. 

11 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re12 ceived for a project under this section may be used for— 

13 ‘‘(1) development phase activities, including 

14 planning, feasibility analysis, revenue forecasting, 

15 environmental review, preliminary engineering and 

16 design work, and other preconstruction activities; 

17 and 

18 ‘‘(2) construction, reconstruction, and rehabili19 tation activities. 

20 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit 

21 to the Secretary an application at such time, in such form, 

22 and containing such information as the Secretary may re23 quire. 


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1 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 

2 select a project to receive funds under the program only 

3 if the Secretary determines that the project— 

4 ‘‘(1) improves the condition of critical transpor5 tation facilities, including multimodal facilities; 

6 ‘‘(2) cannot be easily and efficiently completed 

7 with amounts made available under section 202, 

8 203, or 204; and 

9 ‘‘(3) is cost effective. 

10 ‘‘(g) MERIT CRITERIA.—In making a grant under 

11 this section, the Secretary shall consider whether the 

12 project— 

13 ‘‘(1) will generate state of good repair, resil14 ience, economic competitiveness, quality of life, mo15 bility, or safety benefits; 

16 ‘‘(2) in the case of a project on a Federal lands 

17 transportation facility or a Federal lands access 

18 transportation facility, has costs matched by funds 

19 that are not provided under this section or this title; 

20 and 

21 ‘‘(3) generates benefits for land owned by mul22 tiple Federal land management agencies or Indian 

23 Tribes, or which spans multiple States. 

24 ‘‘(h) EVALUATION AND RATING.—To evaluate appli25 cations, the Secretary shall— 


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1 ‘‘(1) determine whether a project meets the re2 quirements under subsection (f); 

3 ‘‘(2) evaluate, through a discernable and trans4 parent methodology, how each application addresses 

5 one or more merit criteria established under sub6 section (g); 

7 ‘‘(3) assign a rating for each merit criteria for 

8 each application; and 

9 ‘‘(4) consider applications only on the basis of 

10 such quality ratings and which meet the minimally 

11 acceptable level for each of the merit criteria. 

12 ‘‘(i) COST SHARE.— 

13 ‘‘(1) FEDERAL LANDS PROJECTS.— 

14 ‘‘(A) IN GENERAL.—Notwithstanding sec15 tion 120, the Federal share of the cost of a 

16 project on a Federal lands transportation facil17 ity or a Federal lands access transportation fa18 cility shall be up to 90 percent. 

19 ‘‘(B) NON-FEDERAL SHARE.—Notwith20 standing any other provision of law, any Fed21 eral funds may be used to pay the non-Federal 

22 share of the cost of a project carried out under 

23 this section. 


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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 Fed7 eral lands transportation facilities or Federal lands access 

8 transportation facilities and Tribal transportation facili9 ties, respectively.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 2 of title 23, United States Code, is amended by insert12 ing after the item relating to section 207 the following 

13 new item: 

‘‘208. Federal lands and Tribal major projects program.’’. 

14 (c) REPEAL.—Section 1123 of the FAST Act (23 

15 U.S.C. 201 note), and the item related to such section in 

16 the table of contents under section 1(b) of such Act, are 

17 repealed. 

18 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 

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

20 amended— 

21 (1) in subsection (e)(1)— 

22 (A) by striking ‘‘6 Assistant’’ and inserting 

23 ‘‘7 Assistant’’; 

24 (B) in subparagraph (C) by striking ‘‘; 

25 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) 

4 the following: 

5 ‘‘(D) an Assistant Secretary for Tribal 

6 Government Affairs, who shall be appointed by 

7 the 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 insert14 ing 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 

8 on, projects, programs, or funding associated 

9 with the tribal transportation program under 

10 section 202 of title 23; and 

11 ‘‘(F) ensure that Department programs 

12 have in place, implement, and enforce require13 ments and obligations for regular and meaning14 ful consultation and collaboration with Tribes 

15 and Tribal officials under Executive Order No. 

16 13175 and to serve as the primary advisor to 

17 the Secretary and other Department compo18 nents regarding violations of those require19 ments.’’. 

20 SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 

21 (a) LAND MANAGEMENT AGENCIES AND TRIBAL

22 GOVERNMENTS.—Section 201 of title 23, United States 

23 Code, is amended by adding at the end the following: 

24 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, the Secretary may use a con3 tracting method available to a State under this title 

4 on behalf of— 

5 ‘‘(A) a Federal land management agency, 

6 with respect to any funds available pursuant to 

7 section 203 or 204; 

8 ‘‘(B) a Federal land management agency, 

9 with respect to any funds available pursuant to 

10 section 1535 of title 31 for any eligible use de11 scribed in sections 203(a)(1) and 204(a)(1) of 

12 this title; or 

13 ‘‘(C) a Tribal Government, with respect to 

14 any funds available pursuant to section 

15 202(b)(7)(D). 

16 ‘‘(2) METHODS DESCRIBED.—The contracting 

17 methods referred to in paragraph (1) shall include, 

18 at a minimum— 

19 ‘‘(A) project bundling; 

20 ‘‘(B) bridge bundling; 

21 ‘‘(C) design-build contracting; 

22 ‘‘(D) 2-phase contracting; 

23 ‘‘(E) long-term concession agreements; and 

24 ‘‘(F) any method tested, or that could be 

25 tested, under an experimental program relating 


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1 to contracting methods carried out by the Sec2 retary. 

3 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection— 

5 ‘‘(A) affects the application of the Federal 

6 share for a project carried out with a con7 tracting method under this subsection; or 

8 ‘‘(B) modifies the point of obligation of 

9 Federal salaries and expenses.’’. 

10 (b) USE OF ALTERNATIVE CONTRACTING METH11 OD.—In carrying out the amendments made by this sec12 tion, the Secretary shall— 

13 (1) in consultation with the applicable Federal 

14 land management agencies, establish procedures that 

15 are— 

16 (A) applicable to each alternative con17 tracting method; and 

18 (B) to the maximum extent practicable, 

19 consistent with requirements for Federal pro20 curement transactions; 

21 (2) solicit input on the use of each alternative 

22 contracting method from any affected industry prior 

23 to using such method; and 

24 (3) analyze and prepare an evaluation of the 

25 use 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 

4 is 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 

14 States 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 

23 Reclamation— 

24 (1) shall not be required to transfer ownership 

25 of the land on which the bridge is located or any ad26 jacent lands; and 


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1 (2) shall make arrangements with the State to 

2 which ownership is being transferred to allow for 

3 adequate access to such bridge, including for the 

4 purposes of construction, maintenance, and bridge 

5 inspections pursuant to section 144 of title 23, 

6 United States Code. 

7 SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN8 DIAN TRIBES. 

9 Not later than January 31 of each year, the Sec10 retary of Transportation shall submit to the Committee 

11 on Transportation and Infrastructure of the House of 

12 Representatives and the Committee on Environment and 

13 Public Works 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 main6 tenance of United States forest roads, including— 

7 (1) the current backlog; 

8 (2) the current actions on such maintenance 

9 and 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 

15 of enactment of this Act, the Comptroller General of the 

16 United States shall submit to the Committee on Transpor17 tation and Infrastructure of the House of Representatives 

18 and the Committee on Environment and Public Works of 

19 the Senate a report containing the results of the study 

20 conducted under 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 

3 ‘‘restoration,’’; 

4 (B) in clause (i), by inserting ‘‘, including 

5 interpretive panels in or adjacent to those 

6 areas’’ 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 

2 heat 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 

12 State under paragraph (2) or (3) of section 104(b) of title 

13 23, 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 

21 policies intended to significantly reduce or eliminate 

22 transportation-related fatalities and serious injuries 

23 within a specified timeframe, not to exceed 20 years, 

24 that is consistent with a State strategic highway 


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1 safety plan and uses existing transportation data 

2 and consideration of risk factors; 

3 (2) plans for implementation of, education of 

4 the 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 trans21 portation safety and demographic data. 

22 (d) INCLUSIONS.—A vision zero plan may include a 

23 complete streets prioritization plan that identifies a spe24 cific 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 

14 section shall provide for coordination of various subdivi15 sions of a unit of local government in the implementation 

16 of the plan, including subdivisions responsible for law en17 forcement, public health, data collection, and public works. 

18 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision 

19 zero plan under this section is not sufficient to dem20 onstrate compliance with the safety performance or plan21 ning requirements of section 148 or 150 of title 23, United 

22 States 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 

4 States Code. 

5 (h) DEFINITIONS.—In this section, the terms ‘‘safe 

6 system 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 Transpor11 tation shall revise the Manual on Uniform Traffic Control 

12 Devices to provide for a safe system approach to setting 

13 speed limits, consistent with the safety recommendations 

14 issued by the National Transportation Safety Board on 

15 August 15, 2017, numbered H–17–27 and H–17–028. 

16 (b) CONSIDERATIONS.—In carrying out subpara17 graph (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 

23 error; 

24 (6) human injury tolerance; 

25 (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 Sec3 retary. 

4 (c) REPORT ON SPEED MANAGEMENT PROGRAM

5 PLAN.—Not later than 1 year after the date of enactment 

6 of this Act, the Secretary shall update and report on the 

7 implementation progress of the Speed Management Pro8 gram Plan of the Department of Transportation, as de9 scribed in the safety recommendation issued by the Na10 tional Transportation Safety Board on August 15, 2017, 

11 numbered H–17–018. 

12 (d) DEFINITIONS.—In this section, the terms ‘‘safe 

13 system approach’’ and ‘‘vulnerable road user’’ have the 

14 meanings given such terms in section 148(a) of title 23, 

15 United States Code. 

16 SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE 

17 DEPLOYMENT. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE STATE AGENCY.—The term 

20 ‘‘appropriate State agency’’ means a State govern21 mental agency that is recognized by the executive 

22 branch of the State as having the experience nec23 essary to evaluate and facilitate the installation and 

24 operation of broadband infrastructure within the 

25 State. 


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1 (2) BROADBAND.—The term ‘‘broadband’’ has 

2 the meaning given the term ‘‘advanced telecommuni3 cations capability’’ in section 706 of the Tele4 communications Act of 1996 (47 U.S.C. 1302). 

5 (3) BROADBAND CONDUIT.—The term 

6 ‘‘broadband conduit’’ means a conduit or innerduct 

7 for fiber optic cables (or successor technology of 

8 greater quality and speed) that supports the provi9 sion of broadband. 

10 (4) BROADBAND INFRASTRUCTURE.—The term 

11 ‘‘broadband infrastructure’’ means any buried or un12 derground facility and any wireless or wireline con13 nection that enables the provision of broadband. 

14 (5) BROADBAND PROVIDER.—The term 

15 ‘‘broadband provider’’ means an entity that provides 

16 broadband to any person, including, with respect to 

17 such entity— 

18 (A) a corporation, company, association, 

19 firm, partnership, nonprofit organization, or 

20 any other private entity; 

21 (B) a State or local broadband provider; 

22 (C) an Indian Tribe; and 

23 (D) a partnership between any of the enti24 ties described in subparagraphs (A), (B), and 

25 (C). 


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1 (6) COVERED HIGHWAY CONSTRUCTION

2 PROJECT.— 

3 (A) IN GENERAL.—The term ‘‘covered 

4 highway construction project’’ means, without 

5 regard to ownership of a highway, a project 

6 funded under title 23, United States Code, and 

7 administered by a State department of trans8 portation to construct a new highway or an ad9 ditional lane for an existing highway, to recon10 struct an existing highway, or new construction, 

11 including construction of a paved shoulder. 

12 (B) EXCLUSIONS.—The term ‘‘covered 

13 highway construction project’’ excludes any 

14 project— 

15 (i) awarded before the date on which 

16 regulations required under subsection (b) 

17 take effect; 

18 (ii) that does not include work beyond 

19 the edge of pavement or current paved 

20 shoulder; 

21 (iii) that is less than a mile in length; 

22 or 

23 (iv) that is— 


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1 (I) a project primarily for resur2 facing, restoration, rehabilitation, or 

3 maintenance; 

4 (II) a bicycle, pedestrian, trans5 portation alternatives, sidewalk, rec6 reational trails, or safe routes to 

7 school project; 

8 (III) an operational improvement 

9 (as such term is defined in section 

10 101 of title 23, United States Code); 

11 (IV) a project primarily to install 

12 signage; or 

13 (V) a culvert project. 

14 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 

15 once requirement’’ means a requirement designed to 

16 reduce the cost and accelerate the deployment of 

17 broadband by minimizing the number and scale of 

18 repeated excavations for the installation and mainte19 nance of broadband conduit or broadband infrastruc20 ture in rights-of-way. 

21 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

22 has the meaning given such term in section 4(e) of 

23 the Indian Self-Determination and Education Assist24 ance Act (25 U.S.C. 5304(e)). 


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1 (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 

2 Administrator’’ means the Assistant Secretary of 

3 Commerce for Communications and Information. 

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

5 meaning given such term in section 101 of title 23, 

6 United States Code. 

7 (11) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Transportation. 

9 (12) STATE.—The term ‘‘State’’ has the mean10 ing given such term in section 401 of title 23, 

11 United States Code. 

12 (13) STATE OR LOCAL BROADBAND PRO13 VIDER.—The term ‘‘State or local broadband pro14 vider’’ means a State or political subdivision thereof, 

15 or any agency, authority, or instrumentality of a 

16 State or political subdivision thereof, that provides 

17 broadband to any person or facilitates the provision 

18 of broadband to any person in such State. 

19 (b) DIG ONCE REQUIREMENT.—Not later than 12 

20 months after the date of enactment of this Act, to facili21 tate the installation of broadband infrastructure, the Sec22 retary shall issue such regulations as may be necessary 

23 to ensure that each State that receives funds under chap24 ter 1 of title 23, United States Code, complies with the 

25 following provisions: 


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1 (1) BROADBAND PLANNING AND NOTICE.—The 

2 State department of transportation, in consultation 

3 with appropriate State agencies, shall— 

4 (A) review existing State broadband plans, 

5 including existing dig once requirements of the 

6 State, municipal governments incorporated 

7 under State law, and Indian tribes within the 

8 State, to determine opportunities to coordinate 

9 covered highway construction projects occurring 

10 within or across highway rights-of-way with 

11 planned broadband infrastructure projects; 

12 (B) identify a broadband coordinator, who 

13 may have additional responsibilities in the State 

14 department of transportation or in another 

15 State agency, that is responsible for facilitating 

16 the broadband infrastructure right-of-way ef17 forts within the State; and 

18 (C) establish a process— 

19 (i) for the registration of broadband 

20 providers that seek to be included in the 

21 advance notification of, and opportunity to 

22 participate in, broadband infrastructure 

23 right-of-way facilitation efforts within the 

24 State; and 


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1 (ii) to electronically notify all 

2 broadband providers registered under 

3 clause (i)— 

4 (I) of the State transportation 

5 improvement program on at least an 

6 annual basis; and 

7 (II) of covered highway construc8 tion projects within the highway right9 of-way for which Federal funding is 

10 expected to be obligated in the subse11 quent fiscal year. 

12 (2) COORDINATION AND COMPLIANCE.— 

13 (A) MOBILE NOW ACT.—A State depart14 ment of transportation shall be considered to 

15 meet the requirements of subparagraphs (B) 

16 and (C) of paragraph (1) if such State depart17 ment of transportation has been determined to 

18 be in compliance with the requirements estab19 lished under section 607 of division P of the 

20 Consolidated Appropriations Act, 2018 (47 

21 U.S.C. 1504). 

22 (B) WEBSITE.—A State department of 

23 transportation shall be considered to meet the 

24 requirements of paragraph (1)(C) if the State 

25 publishes on a public website— 


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1 (i) the State transportation improve2 ment program on at least an annual basis; 

3 and 

4 (ii) covered highway construction 

5 projects within the highway right-of-way 

6 for which Federal funding is expected to be 

7 obligated in the subsequent fiscal year. 

8 (C) COORDINATION.—The State depart9 ment of transportation, in consultation with ap10 propriate State agencies, shall by rule or regu11 lation establish a process for a broadband pro12 vider to commit to installing broadband conduit 

13 or broadband infrastructure as part of any cov14 ered highway construction project. 

15 (D) APPROPRIATE STATE AGENCY.—In 

16 lieu of the State department of transportation, 

17 at the discretion of the State, an appropriate 

18 State agency, in consultation with the State de19 partment of transportation, may carry out the 

20 requirements of paragraph (1). 

21 (3) REQUIRED INSTALLATION OF BROADBAND

22 CONDUIT.— 

23 (A) IN GENERAL.—The State department 

24 of transportation shall install broadband con25 duit, in accordance with this paragraph (except 


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1 as described in subparagraph (F)), as part of 

2 any covered highway construction project, un3 less a broadband provider has committed to in4 stall broadband conduit or broadband infra5 structure as part of such project in a process 

6 described under paragraph (2)(C). 

7 (B) INSTALLATION REQUIREMENTS.—In 

8 installing broadband conduit or broadband in9 frastructure as part of a covered highway con10 struction project, the State department of 

11 transportation shall ensure that— 

12 (i) installation pursuant to this para13 graph of broadband conduit, broadband in14 frastructure, and means or points of access 

15 to such conduit or infrastructure (such as 

16 poles, hand holes, manholes, pull tape, or 

17 ducts) shall provide for the current and fu18 ture safe operation of the traveled way, is 

19 consistent with part 645 of title 23, Code 

20 of Federal Regulations, and any accommo21 dation policies of the State under such 

22 part to reasonably enable deployment of 

23 such conduit, infrastructure, and means or 

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1 tion and Underground Facilities Protection 

2 or related requirements of the State; 

3 (ii) an appropriate number of 

4 broadband conduits, as determined in con5 sultation with the appropriate State agen6 cies, are installed along the right-of-way of 

7 a covered highway construction project to 

8 accommodate multiple broadband pro9 viders, with consideration given to the 

10 availability of existing broadband conduits; 

11 (iii) the size of each broadband con12 duit is consistent with industry best prac13 tices, consistent with the requirements of 

14 part 645 of title 23, Code of Federal Regu15 lations, and sufficient to accommodate an16 ticipated demand, as determined in con17 sultation with the appropriate State agen18 cies; 

19 (iv) any hand holes and manholes nec20 essary for fiber access and pulling with re21 spect to such conduit are placed at inter22 vals consistent with standards determined 

23 in consultation with the appropriate State 

24 agencies (which may differ by type of road, 

25 topologies, and rurality) the requirements 


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1 of part 645 of title 23, Code of Federal 

2 Regulations, and other applicable safety re3 quirements; 

4 (v) each broadband conduit installed 

5 pursuant to this paragraph includes a pull 

6 tape and is capable of supporting fiber 

7 optic cable placement techniques consistent 

8 with best practices and the requirements of 

9 part 645 of title 23, Code of Federal Regu10 lations; 

11 (vi) broadband conduit is placed at a 

12 depth consistent with requirements of the 

13 covered highway construction project and 

14 best practices and that, in determining the 

15 depth of placement, consideration is given 

16 to the location of existing utilities and 

17 cable separation requirements of State and 

18 local electrical codes; and 

19 (vii) installation of broadband conduit 

20 shall not preclude the installation of other 

21 specific socially, environmentally, or eco22 nomically beneficial uses of the right-of23 way, such as planned energy transmission 

24 or renewable energy generation projects. 


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1 (C) PROGRAMMATIC REVIEW.—The State 

2 department of transportation may make deter3 minations on the implementation of the require4 ments described in subparagraph (B) on a pro5 grammatic basis. 

6 (D) ACCESS.— 

7 (i) IN GENERAL.—The State depart8 ment of transportation shall ensure that 

9 any requesting broadband provider has ac10 cess to each broadband conduit installed by 

11 the State pursuant to this paragraph, on a 

12 competitively neutral and nondiscrim13 inatory basis and in accordance with State 

14 permitting, licensing, leasing, or other 

15 similar laws and regulations. 

16 (ii) SOCIALLY BENEFICIAL USE.—The 

17 installation of broadband conduit as part 

18 of a covered highway construction project 

19 shall be considered a socially-beneficial use 

20 of the right-of-way under section 156(b) of 

21 title 23, United States Code. 

22 (iii) IN-KIND COMPENSATION.—The 

23 State department of transportation may 

24 negotiate in-kind compensation with any 

25 broadband provider requesting access to 


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1 broadband conduit installed under the pro2 visions of this paragraph. 

3 (iv) SAFETY CONSIDERATIONS.—The 

4 State department of transportation shall 

5 provide for a process for a broadband pro6 vider to safely access to the highway right7 of-way during installation and on-going 

8 maintenance of the broadband conduit and 

9 broadband infrastructure, including a traf10 fic control safety plan. 

11 (v) COMMUNICATION.—A broadband 

12 provider with access to the conduit in13 stalled pursuant to this subsection shall 

14 notify, and receive permission from, the 

15 relevant agencies of State responsible for 

16 the installation of such broadband conduit 

17 prior to accessing any highway or highway 

18 right-of-way, in accordance with applicable 

19 Federal requirements. 

20 (E) TREATMENT OF PROJECTS.—Notwith21 standing any other provision of law, broadband 

22 conduit and broadband infrastructure installa23 tion projects installed by a State under this 

24 paragraph under this paragraph shall comply 


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1 with section 113(a) of title 23, United States 

2 Code. 

3 (F) WAIVER AUTHORITY.— 

4 (i) IN GENERAL.—A State department 

5 of transportation may waive the required 

6 installation of broadband conduit for part 

7 or all of any covered highway construction 

8 project under this paragraph if, in the de9 termination of the State department of 

10 transportation— 

11 (I) broadband infrastructure, ter12 restrial broadband infrastructure, aer13 ial broadband fiber cables, or 

14 broadband conduit is present near a 

15 majority of the length of the covered 

16 highway construction project; 

17 (II) installation of terrestrial or 

18 aerial broadband fiber cables associ19 ated with the covered highway con20 struction project is more appropriate 

21 for the context or a more cost-effec22 tive means to facilitate broadband 

23 service to an area not adequately 

24 served by broadband and such instal25 lation is present or planned; 


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1 (III) the installation of 

2 broadband conduit increases overall 

3 costs of a covered highway construc4 tion project by 1.5 percent or greater; 

5 (IV) the installation of 

6 broadband conduit associated with the 

7 covered highway construction project 

8 is not reasonably expected to be uti9 lized or connected to future 

10 broadband infrastructure in the 20 

11 years following the date on which such 

12 determination is made, as determined 

13 by the State department of transpor14 tation, in consultation with appro15 priate State agencies and potentially 

16 affected local governments and Indian 

17 tribes; 

18 (V) the requirements of this 

19 paragraph would require installation 

20 of conduit redundant with a dig once 

21 requirement of a local government or 

22 Indian tribe; 

23 (VI) there exists a circumstance 

24 involving force majeure; or 


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1 (VII) the installation of conduit 

2 is not appropriate based on other rel3 evant factors established by the Sec4 retary in consultation with the NTIA 

5 Administrator through regulation. 

6 (ii) CONTENTS OF WAIVER.—A waiver 

7 authorized under this subparagraph 

8 shall— 

9 (I) identify the covered highway 

10 construction project; and 

11 (II) include a brief description of 

12 the determination of the State for 

13 issuing such waiver. 

14 (iii) AVAILABILITY OF WAIVER.—Noti15 fication of a waiver authorized under this 

16 subparagraph shall be made publicly avail17 able, such as on a public website of the 

18 State department of transportation de19 scribed in paragraph (2)(B). 

20 (iv) WAIVER DETERMINATION.— 

21 (I) IN GENERAL.—The State de22 partment of transportation shall be 

23 responsible for the waiver determina24 tion described under this paragraph, 

25 consistent with the regulation issued 


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1 pursuant to this subsection, and may 

2 grant a programmatic waiver for cat3 egories of projects excluded under this 

4 subparagraph. 

5 (II) NO PRIVATE CAUSE OF AC6 TION.—The waiver determination de7 scribed under this paragraph shall be 

8 final and conclusive. Nothing in this 

9 section shall provide a private right or 

10 cause of action to challenge such de11 termination in any court of law. 

12 (4) PRIORITY.—If a State provides for the in13 stallation of broadband infrastructure or broadband 

14 conduit in the right-of-way of a covered highway 

15 construction project, the State department of trans16 portation, along with appropriate State agencies, 

17 shall carry out appropriate measures to ensure that 

18 an existing broadband provider is afforded access 

19 that is non-discriminatory, competitively neutral, 

20 and equal in opportunity, as compared to other 

21 broadband providers, with respect to the program 

22 under this subsection. 

23 (c) GUIDANCE FOR THE INSTALLATION OF

24 BROADBAND CONDUIT.—The Secretary, in consultation 

25 with the NTIA Administrator, shall issue guidance for 


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1 best practices related to the installation of broadband con2 duit as described in subsection (b)(2) and of conduit and 

3 similar infrastructure for intelligent transportation sys4 tems (as such term is defined in section 501 of title 23, 

5 United States Code) that may utilize broadband conduit 

6 installed pursuant to subsection (b)(2). 

7 (d) CONSULTATION.— 

8 (1) IN GENERAL.—In issuing regulations re9 quired by this subsection or to implement any part 

10 of this section, the Secretary shall consult— 

11 (A) the NTIA Administrator; 

12 (B) the Federal Communications Commis13 sion; 

14 (C) State departments of transportation; 

15 (D) appropriate State agencies; 

16 (E) agencies of local governments respon17 sible for transportation and rights-of-way, utili18 ties, and telecommunications and broadband; 

19 (F) Indian tribes; 

20 (G) broadband providers; and 

21 (H) manufacturers of optical fiber, con22 duit, pull tape, and related items. 

23 (2) BROADBAND USERS.—The Secretary shall 

24 ensure that the entities consulted under subpara25 graphs (C) through (F) of paragraph (1) include enVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 tities that have expertise with rural areas and popu2 lations with limited access to broadband infrastruc3 ture. 

4 (3) BROADBAND PROVIDERS.—The Secretary 

5 shall ensure that the entities consulted under sub6 paragraph (G) of paragraph (1) include entities that 

7 provide broadband to rural areas and populations 

8 with limited access to broadband infrastructure. 

9 (e) OVERSIGHT.— 

10 (1) IN GENERAL.—The Secretary shall periodi11 cally review compliance with the regulations issued 

12 pursuant to this section and ensure that State waiv13 er determinations are consistent with such regula14 tions. 

15 (2) EFFICIENT REVIEW.—The review described 

16 under paragraph (1) may be carried out through the 

17 risk-based stewardship and oversight program de18 scribed under section 106(g) of title 23, United 

19 States Code. 

20 (3) EFFECT OF SUBSECTION.—Nothing in this 

21 subsection shall affect or discharge any oversight re22 sponsibility of the Secretary specifically provided for 

23 under title 23, United States Code, or any other 

24 Federal law. 

25 (f) ADDITIONAL PROVISIONS.— 


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1 (1) APPLICABILITY.— 

2 (A) IN GENERAL.—The portion of the reg3 ulation issued pursuant to subsection (b) relat4 ing to the provisions under paragraph (3) of 

5 such subsection shall not take effect until a 

6 source of dedicated funding for the installation 

7 and long term maintenance of broadband con8 duit described in subsection (g)(2) is estab9 lished. 

10 (B) APPLICABILITY DATE.—Paragraphs 

11 (2) through (4) of subsection (b) and subsection 

12 (d) shall apply only to covered highway con13 struction projects for which Federal obligations 

14 or expenditures are initially approved on or 

15 after the date on which regulations required 

16 under this subsection take effect. 

17 (2) RULES OF CONSTRUCTION.— 

18 (A) STATE LAW.—Nothing in this sub19 section shall be construed to require a State to 

20 install or allow the installation of broadband 

21 conduit or broadband infrastructure— 

22 (i) that is otherwise inconsistent with 

23 what is allowable under State law; or 

24 (ii) where the State lacks the author25 ity for such installation, such as any propVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 erty right or easement necessary for such 

2 installation. 

3 (B) NO REQUIREMENT FOR INSTALLATION

4 OF MOBILE SERVICES EQUIPMENT.—Nothing in 

5 this section shall be construed to require a 

6 State, a municipal government incorporated 

7 under State law, or an Indian Tribe to install 

8 or allow for the installation of equipment essen9 tial for the provision of commercial mobile serv10 ices (as defined in section 332(d) of the Com11 munications Act of 1934 (47 U.S.C. 332(d))) 

12 or commercial mobile data service (as defined in 

13 section 6001 of the Middle Class Tax Relief 

14 and Job Creation Act of 2012 (47 U.S.C. 

15 1401)), other than broadband conduit and asso16 ciated equipment described in paragraph 

17 (3)(B). 

18 (3) RELATION TO STATE DIG ONCE REQUIRE19 MENTS.—Nothing in subsections (b), (c), (d), or (e) 

20 or any regulations issued pursuant to subsection (b) 

21 shall be construed to alter or supersede any provi22 sion of a State law or regulation that provides for 

23 a dig once requirement that includes similar or more 

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1 sections (b), (c), (d), or (e) and any regulations pro2 mulgated under subsection (b). 

3 (g) DIG ONCE FUNDING TASK FORCE.— 

4 (1) ESTABLISHMENT.—The Secretary and the 

5 NTIA Administrator shall jointly establish an inde6 pendent task force on funding the nationwide dig 

7 once requirement described in this section to be 

8 known as the ‘‘Dig Once Funding Task Force’’ 

9 (hereinafter referred to as the ‘‘Task Force’’). 

10 (2) DUTIES.—The duties of the Task Force 

11 shall be to— 

12 (A) estimate the annual cost for imple13 menting, administering, and maintaining a na14 tionwide dig once requirement; 

15 (B) propose and evaluate options for fund16 ing a nationwide dig once requirement described 

17 in this section that includes— 

18 (i) a discussion of the role and poten19 tial share of costs of— 

20 (I) the Federal Government; 

21 (II) State and local governments 

22 and Indian tribes; and 

23 (III) broadband providers install24 ing broadband conduit or broadband 

25 infrastructure under this section; 


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1 (ii) consideration of the role of exist2 ing dig once requirements on States, local 

3 governments, and Indian tribes and the 

4 role of private broadband investment, with 

5 a goal to not discourage or disincentivize 

6 such dig once requirements or such invest7 ment; and 

8 (iii) evaluating the appropriate entity 

9 or entities responsible for maintaining the 

10 broadband infrastructure and conduit in11 stalled pursuant to a dig once requirement; 

12 and 

13 (C) propose a cost-based model fee sched14 ule for a State to charge a broadband provider 

15 to access and use conduit installed by such 

16 State pursuant to this section that— 

17 (i) shall consider costs (including ad18 ministrative costs) associated with installa19 tion and long-term maintenance of the 

20 broadband conduit installed pursuant to 

21 this section; 

22 (ii) may vary by topography, location, 

23 type of road, rurality, and other factors; 

24 and 


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1 (iii) may consider financial and mar2 ket incentives for expanding broadband in3 frastructure. 

4 (3) REPORTS.— 

5 (A) INTERIM REPORT AND BRIEFING.— 

6 Not later than 9 months after the appointment 

7 of Members to the Task Force under paragraph 

8 (4)(D), the Task Force shall— 

9 (i) submit to Congress an interim re10 port on the findings of the Task Force; 

11 and 

12 (ii) provide briefings for Congress on 

13 the findings of the Task Force. 

14 (B) FINAL REPORT.—Not later than 3 

15 months after the submission of the interim re16 port under subparagraph (A), the Task Force 

17 shall submit to Congress a final report on the 

18 findings of the Task Force. 

19 (4) MEMBERS.— 

20 (A) APPOINTMENTS.—The Task Force 

21 shall consist of 14 members, comprising— 

22 (i) 2 co-chairs described in subpara23 graph (B); 

24 (ii) 6 members jointly appointed by 

25 the Speaker and minority leader of the 


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1 House of Representatives, in consultation 

2 with the respective Chairs and Ranking 

3 Members of— 

4 (I) the Committee on Transpor5 tation and Infrastructure of the 

6 House of Representatives; 

7 (II) the Committee on Energy 

8 and Commerce of the House of Rep9 resentatives; and 

10 (III) the Committee on Appro11 priations of the House of Representa12 tives; and 

13 (iii) 6 members jointly appointed by 

14 the majority leader and minority leader of 

15 the Senate, in consultation with the respec16 tive Chairs and Ranking Members of the— 

17 (I) the Committee on Environ18 ment and Public Works of the Senate; 

19 (II) the Committee on Com20 merce, Science, and Transportation of 

21 the Senate; and 

22 (III) the Committee on Appro23 priations of the Senate. 

24 (B) CO-CHAIRS.—The Task Force shall be 

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1 ministrator, or the designees of the Secretary 

2 and NTIA Administrator. 

3 (C) COMPOSITION.—The Task Force shall 

4 include at least— 

5 (i) 1 representative from a State de6 partment of transportation; 

7 (ii) 1 representative from a local gov8 ernment; 

9 (iii) 1 representative from an Indian 

10 tribe; 

11 (iv) 1 representative from a 

12 broadband provider; 

13 (v) 1 representative from a State or 

14 local broadband provider; 

15 (vi) 1 representative from a labor 

16 union; and 

17 (vii) 1 representative from a public in18 terest organization. 

19 (D) APPOINTMENT DEADLINE.—Members 

20 shall be appointed to the Task Force not later 

21 than 60 days after the date of enactment of 

22 this Act. 

23 (E) TERMS.—Members shall be appointed 

24 for the life of the Task Force. A vacancy in the 

25 Task Force shall not affect the powers of the 


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1 Task Force and the vacancy shall be filled in 

2 the same manner as the initial appointment was 

3 made. 

4 (5) CONSULTATIONS.—In carrying out the du5 ties required under this subsection, the Task Force 

6 shall consult, at a minimum— 

7 (A) the Federal Communications Commis8 sion; 

9 (B) agencies of States including— 

10 (i) State departments of transpor11 tation; and 

12 (ii) appropriate State agencies; 

13 (C) agencies of local governments respon14 sible for transportation and rights-of-way, utili15 ties, and telecommunications and broadband; 

16 (D) Indian tribes; 

17 (E) broadband providers and other tele18 communications providers; 

19 (F) labor unions; and 

20 (G) State or local broadband providers and 

21 Indian tribes that act as broadband providers. 

22 (6) ADDITIONAL PROVISIONS.— 

23 (A) EXPENSES FOR NON-FEDERAL MEM24 BERS.—Non-Federal members of the Task 

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1 ing per diem in lieu of subsistence, at rates au2 thorized for employees under subchapter I of 

3 chapter 57 of title 5, United States Code, while 

4 away from the homes or regular places of busi5 ness of such members in the performance of 

6 services for the Task Force. 

7 (B) STAFF.—Staff of the Task Force shall 

8 comprise detailees with relevant expertise from 

9 the Department of Transportation and the Na10 tional Telecommunications and Information Ad11 ministration, or another Federal agency that 

12 the co-chairpersons consider appropriate, with 

13 the consent of the head of the Federal agency, 

14 and such detailees shall retain the rights, sta15 tus, and privileges of the regular employment of 

16 such detailees without interruption. 

17 (C) ADMINISTRATIVE ASSISTANCE.—The 

18 Secretary and NTIA Administrator shall pro19 vide to the Task Force on a reimbursable basis 

20 administrative support and other services for 

21 the performance of the functions of the Task 

22 Force. 

23 (7) TERMINATION.—The Task Force shall ter24 minate not later than 90 days after submission of 

25 the final report required under paragraph (3)(B). 


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1 SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES. 

2 (a) STUDY.— 

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

4 after the date of enactment of this Act, the Sec5 retary of Transportation and the Administrator shall 

6 seek to enter into an agreement with the Transpor7 tation Research Board of the National Academy of 

8 Sciences to under which the Transportation Re9 search Board shall conduct a study— 

10 (A) to estimate pollutant loads from 

11 stormwater runoff from highways and pedes12 trian facilities eligible for assistance under title 

13 23, United States Code, to inform the develop14 ment of appropriate total maximum daily load 

15 requirements; 

16 (B) to provide recommendations (including 

17 recommended revisions to existing laws and reg18 ulations) regarding the evaluation and selection 

19 by State departments of transportation of po20 tential stormwater management and total max21 imum daily load compliance strategies within a 

22 watershed, including environmental restoration 

23 and pollution abatement carried out under sec24 tion 328 of title 23, United States Code; 

25 (C) to examine the potential for the Sec26 retary to assist State departments of transporVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 tation in carrying out and communicating 

2 stormwater management practices for highways 

3 and pedestrian facilities that are eligible for as4 sistance under title 23, United States Code, 

5 through information-sharing agreements, data6 base assistance, or an administrative platform 

7 to provide the information described in sub8 paragraphs (A) and (B) to entities issued per9 mits under the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251 et seq.); and 

11 (D) to examine the benefit of concen12 trating stormwater retrofits in impaired water13 sheds and selecting such retrofits according to 

14 a process that depends on a watershed manage15 ment plan developed in accordance with section 

16 319 of the Federal Water Pollution Control Act 

17 (33 U.S.C. 1329). 

18 (2) REQUIREMENTS.—In conducting the study 

19 under the agreement entered into pursuant to para20 graph (1), the Transportation Research Board 

21 shall— 

22 (A) review and supplement, as appropriate, 

23 the methodologies examined and recommended 

24 in the 2019 report of the National Academies 

25 of Sciences, Engineering, and Medicine titled 


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1 ‘‘Approaches for Determining and Complying 

2 with TMDL Requirements Related to Roadway 

3 Stormwater Runoff’’; 

4 (B) consult with— 

5 (i) the Secretary of Transportation; 

6 (ii) the Secretary of Agriculture; 

7 (iii) the Administrator; 

8 (iv) the Secretary of the Army, acting 

9 through the Chief of Engineers; and 

10 (v) State departments of Transpor11 tation; and 

12 (C) solicit input from— 

13 (i) stakeholders with experience in im14 plementing stormwater management prac15 tices for projects; and 

16 (ii) educational and technical 

17 stormwater management groups. 

18 (3) REPORT.—In carrying out the agreement 

19 entered into pursuant to paragraph (1), not later 

20 than 18 months after the date of enactment of this 

21 Act, the Transportation Research Board shall sub22 mit to the Secretary of Transportation, the Adminis23 trator, the Committee on Transportation and Infra24 structure of the House of Representatives, and the 


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1 Committee on Environment and Public Works of the 

2 Senate a report describing the results of the study. 

3 (b) STORMWATER BEST MANAGEMENT PRACTICES

4 REPORTS.— 

5 (1) REISSUANCE.—Not later than 180 days 

6 after the date of enactment of this Act, the Adminis7 trator shall update and reissue the best management 

8 practices reports to reflect new information and ad9 vancements in stormwater management. 

10 (2) UPDATES.—Not less frequently than once 

11 every 5 years after the date on which the Secretary 

12 reissues the best management practices reports 

13 under paragraph (1), the Secretary shall update and 

14 reissue the best management practices reports, un15 less the contents of the best management practices 

16 reports have been incorporated (including by ref17 erence) into applicable regulations of the Secretary. 

18 (c) DEFINITIONS.—In this section: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Environ21 mental Protection Agency. 

22 (2) BEST MANAGEMENT PRACTICES RE23 PORTS.—The term ‘‘best management practices re24 ports’’ means— 


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1 (A) the 2014 report sponsored by the De2 partment of Transportation titled ‘‘Determining 

3 the State of the Practice in Data Collection and 

4 Performance Measurement of Stormwater Best 

5 Management Practices’’ (FHWA–HEP–16– 

6 021); and 

7 (B) the 2000 report sponsored by the De8 partment of Transportation titled ‘‘Stormwater 

9 Best Management Practices in an Ultra-Urban 

10 Setting: Selection and Monitoring’’. 

11 (3) TOTAL MAXIMUM DAILY LOAD.—The term 

12 ‘‘total maximum daily load’’ has the meaning given 

13 such term in section 130.2 of title 40, Code of Fed14 eral Regulations (or successor regulations). 

15 SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT16 OF-WAY. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this Act, the Architectural and 

19 Transportation Barriers Compliance Board under the au20 thority of section 502(b)(3) of the Rehabilitation Act of 

21 1973 (29 U.S.C. 792(b)(3)), shall publish final accessi22 bility guidelines setting forth minimum standards for pe23 destrian facilities in the public right-of-way, including 

24 shared use paths. 


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1 (b) ADOPTION OF REGULATIONS.—Not later than 

2 180 days after the establishment of the guidelines pursu3 ant to subsection (a), the Secretary shall issue such regu4 lations as are necessary to adopt such guidelines. 

5 SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT. 

6 (a) HIGHWAY FORMULA MODERNIZATION STUDY.— 

7 (1) IN GENERAL.—The Secretary of Transpor8 tation, in consultation with the State departments of 

9 transportation and representatives of local govern10 ments (including metropolitan planning organiza11 tions), shall conduct a highway formula moderniza12 tion study to assess the method and data used to ap13 portion Federal-aid highway funds under subsections 

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

15 Code, and issue recommendations on such method 

16 and data. 

17 (2) ASSESSMENT.—The highway formula mod18 ernization study required under paragraph (1) shall 

19 include an assessment of, based on the latest avail20 able data, whether the apportionment method under 

21 such section results in— 

22 (A) an equitable distribution of funds 

23 based on the estimated tax payments attrib24 utable to— 


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1 (i) highway users in the State that are 

2 paid into the Highway Trust Fund; and 

3 (ii) individuals in the State that are 

4 paid to the Treasury, based on contribu5 tions to the Highway Trust Fund from the 

6 general fund of the Treasury; and 

7 (B) the achievement of the goals described 

8 in section 101(b)(3) of title 23, United States 

9 Code. 

10 (3) CONSIDERATIONS.—In carrying out the as11 sessment under paragraph (2), the Secretary shall 

12 consider the following: 

13 (A) The factors described in sections 

14 104(b), 104(f)(2), 104(h)(2), 130(f), and 

15 144(e) of title 23, United States Code, as in ef16 fect on the date of enactment of SAFETEA– 

17 LU (Public Law 109–59). 

18 (B) The availability and accuracy of data 

19 necessary to calculate formula apportionments 

20 under the factors described in subparagraph 

21 (A). 

22 (C) The measures established under sec23 tion 150 of title 23, United States Code, and 

24 whether such measures are appropriate for con25 sideration as formula apportionment factors. 


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1 (D) The results of the CMAQ formula 

2 modernization study required under subsection 

3 (b). 

4 (E) Inclusion of the Commonwealth of 

5 Puerto Rico in the apportionment under sub6 sections (b) and (c) of section 104 of such title, 

7 including an estimate of the anticipated con8 tributions to the Highway Trust Fund from the 

9 citizens of Puerto Rico if Puerto Rico was sub10 ject to applicable highway user fees. 

11 (F) A needs-based assessment of the share 

12 of Federal-aid highway funds that should be 

13 made available to the territories described 

14 under section 165(c) of such title. 

15 (G) Any other factors that the Secretary 

16 determines are appropriate. 

17 (4) RECOMMENDATIONS.—The Secretary shall, 

18 in consultation with the State departments of trans19 portation and representatives of local governments 

20 (including metropolitan planning organizations), de21 velop recommendations on a new apportionment 

22 method, including— 

23 (A) the factors recommended to be in24 cluded in such apportionment method; 


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1 (B) the weighting recommended to be ap2 plied to the factors under subparagraph (A); 

3 and 

4 (C) any other recommendations to ensure 

5 that the apportionment method best achieves an 

6 equitable distribution of funds described under 

7 paragraph (2)(A) and the goals described in 

8 paragraph (2)(B). 

9 (b) CMAQ FORMULA MODERNIZATION STUDY.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary of 

12 Transportation, in consultation with the Adminis13 trator of the Environmental Protection Agency, shall 

14 conduct an CMAQ formula modernization study to 

15 assess whether the apportionment method under sec16 tion 104(b)(4) of title 23, United States Code, re17 sults in a distribution of funds that best achieves the 

18 air quality goals of section 149 of such title. 

19 (2) CONSIDERATIONS.—In providing consulta20 tion under this subsection, the Administrator of the 

21 Environmental Protection Agency shall provide to 

22 the Secretary an analysis of— 

23 (A) factors that contribute to the appor24 tionment, including population, types of pollut25 ants, and severity of pollutants, as such factors 


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1 were determined on the date prior to the date 

2 of enactment of MAP–21; 

3 (B) the weighting of the factors listed 

4 under subparagraph (A); and 

5 (C) the recency of the data used in making 

6 the apportionment under section 104(b)(4) of 

7 title 23, United States Code. 

8 (3) RECOMMENDATIONS.—If, in conducting the 

9 study under this subsection, the Secretary finds that 

10 modifying the apportionment method under section 

11 104(b)(4) of title 23, United States Code, would 

12 best achieve the air quality goals of section 149 of 

13 title 23, United States Code, the Secretary shall, in 

14 consultation with the Administrator, include in such 

15 study recommendations for a new apportionment 

16 method, including— 

17 (A) the factors recommended to be in18 cluded in such apportionment method; 

19 (B) the weighting recommended to be ap20 plied to the factors under subparagraph (A); 

21 and 

22 (C) any other recommendations to ensure 

23 that the apportionment method best achieves 

24 the air quality goals section 149 of such title. 


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1 (c) REPORT.—No later than 2 years after the date 

2 of enactment of this Act, the Secretary shall submit to 

3 the Committee on Transportation and Infrastructure of 

4 the House of Representatives and the Committee on Envi5 ronment and Public Works of the Senate a report con6 taining the results of the highway formula modernization 

7 study and the CMAQ formula modernization study. 

8 SEC. 1607. CONSOLIDATION OF PROGRAMS. 

9 Section 1519 of MAP–21 (Public Law 112–141) is 

10 amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘fiscal years 2016 through 

13 2020’’ and inserting ‘‘fiscal years 2023 through 

14 2026’’; and 

15 (B) by striking ‘‘$3,500,000’’ and insert16 ing ‘‘$4,000,000’’; 

17 (2) by redesignating subsections (b) and (c) as 

18 subsections (c) and (d), respectively; and 

19 (3) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

22 cost of a project or activity carried out under subsection 

23 (a) shall be 100 percent.’’. 


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1 SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS. 

2 (a) REPORT.—Not later than 180 days after the date 

3 of enactment of this Act, the Secretary of Transportation 

4 shall submit to the Committee on Transportation and In5 frastructure of the House of Representatives and the Com6 mittee on Environment and Public Works of the Senate 

7 a report that describes the efforts of the Department of 

8 Transportation to encourage elementary, secondary, and 

9 post-secondary students to pursue careers in the surface 

10 transportation sector. 

11 (b) CONTENTS.—The report required under sub12 section (a) shall include— 

13 (1) a description of efforts to increase aware14 ness of careers related to surface transportation 

15 among elementary, secondary, and post-secondary 

16 students; 

17 (2) a description of efforts to prepare and in18 spire such students for surface transportation ca19 reers; 

20 (3) a description of efforts to support the devel21 opment of a diverse, well-qualified workforce for fu22 ture surface transportation needs; and 

23 (4) the effectiveness of the efforts described in 

24 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 

6 century surface transportation workforce (in this section 

7 referred to as the ‘‘Task Force’’). 

8 (b) DUTIES.—Not later than 12 months after the es9 tablishment of the Task Force under subsection (a), the 

10 Task Force shall develop and submit to the Secretary rec11 ommendations and strategies for the Department of 

12 Transportation 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 transpor6 tation 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 

16 young people pursue careers in surface transpor17 tation, especially traditionally underrepresented pop18 ulations, including women and minorities; 

19 (2) consider how the Department, businesses, 

20 industry, labor, educators, and other stakeholders 

21 can coordinate efforts to support qualified individ22 uals in pursuing careers in the surface transpor23 tation sector; 

24 (3) identify methods of enhancing surface 

25 transportation pre-apprenticeships and registered 


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1 apprenticeships, job skills training, mentorship, edu2 cation, and outreach programs that are exclusive to 

3 youth in the United States; and 

4 (4) identify potential sources of funding, includ5 ing grants and scholarships, that may be used to 

6 support youth and other qualified individuals in pur7 suing careers in the surface transportation sector. 

8 (d) CONSULTATION.—In developing the recommenda9 tions and strategies required under subsection (b), the 

10 Task Force may consult with— 

11 (1) local educational agencies and institutes of 

12 higher education, including community colleges and 

13 vocational schools; and 

14 (2) State workforce development boards. 

15 (e) REPORT.—Not later than 60 days after the sub16 mission of the recommendations and strategies under sub17 section (b), the Secretary shall submit to the Committee 

18 on Transportation and Infrastructure of the House of 

19 Representatives and the Committee on Environment and 

20 Public Works of the Senate a report containing such rec21 ommendations and strategies. 

22 (f) COMPOSITION OF TASK FORCE.—The Secretary 

23 shall appoint members to the Task Force whose diverse 

24 background and expertise allow such members to con25 tribute balanced points of view and ideas in carrying out 


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1 this section, comprised of equal representation from each 

2 of the following: 

3 (1) Industries in the surface transportation sec4 tor. 

5 (2) Surface transportation sector labor organi6 zations. 

7 (3) Such other surface transportation stake8 holders and experts as the Secretary considers ap9 propriate. 

10 (g) PERIOD OF APPOINTMENT.—Members shall be 

11 appointed to the Task Force for the duration of the exist12 ence of the Task Force. 

13 (h) COMPENSATION.—Task Force members shall 

14 serve without compensation. 

15 (i) SUNSET.—The Task Force shall terminate upon 

16 the 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, 


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1 1937 (29 U.S.C. 50 et seq.; commonly known as the 

2 ‘‘National Apprenticeship Act’’), that satisfies the 

3 requirements of parts 29 and 30 of title 29, Code 

4 of Federal Regulations (as in effect on January 1, 

5 2020). 

6 SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERV7 ICES. 

8 Section 140(b) of title 23, United States Code, is 

9 amended to read as follows: 

10 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 

11 ‘‘(1) IN GENERAL.—The Secretary, in coopera12 tion with the Secretary of Labor and any other de13 partment or agency of the Government, State agen14 cy, authority, association, institution, Indian Tribe 

15 or Tribal organization, corporation (profit or non16 profit), or any other organization or person, is au17 thorized to develop, conduct, and administer surface 

18 transportation and technology training, including 

19 skill improvement programs, and to develop and 

20 fund summer transportation institutes. 

21 ‘‘(2) STATE RESPONSIBILITIES.—A State de22 partment of transportation participating in the pro23 gram under this subsection shall— 

24 ‘‘(A) develop an annual workforce plan 

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1 force gaps and underrepresentation of women 

2 and minorities and a detailed plan to fill such 

3 gaps and address such underrepresentation; 

4 ‘‘(B) establish an annual workforce devel5 opment compact with the State workforce devel6 opment board and appropriate agencies to pro7 vide a coordinated approach to workforce train8 ing, job placement, and identification of train9 ing and skill development program needs, which 

10 shall be coordinated to the extent practical with 

11 an institution or agency, such as a State work12 force development board under section 101 of 

13 the Workforce Innovation and Opportunities 

14 Act (29 U.S.C. 3111), that has established 

15 skills training, recruitment, and placement re16 sources; and 

17 ‘‘(C) demonstrate program outcomes, in18 cluding— 

19 ‘‘(i) impact on areas with transpor20 tation workforce shortages; 

21 ‘‘(ii) diversity of training participants; 

22 ‘‘(iii) number and percentage of par23 ticipants obtaining certifications or creden24 tials required for specific types of employ25 ment; 


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1 ‘‘(iv) employment outcome, including 

2 job placement and job retention rates and 

3 earnings, using performance metrics estab4 lished in consultation with the Secretary of 

5 Labor and consistent with metrics used by 

6 programs under the Workforce Innovation 

7 and Opportunity Act (29 U.S.C. 3101 et 

8 seq.); and 

9 ‘‘(v) to the extent practical, evidence 

10 that the program did not preclude workers 

11 that participate in training or registered 

12 apprenticeship activities under the pro13 gram from being referred to, or hired on, 

14 projects funded under this chapter. 

15 ‘‘(3) FUNDING.—From administrative funds 

16 made available under section 104(a), the Secretary 

17 shall deduct such sums as necessary, not to exceed 

18 $10,000,000 in each fiscal year, for the administra19 tion of this subsection. Such sums shall remain 

20 available until expended. 

21 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub22 sections (b) through (d) of section 6101 of title 41 

23 shall not apply to contracts and agreements made 

24 under the authority granted to the Secretary under 

25 this subsection. 


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1 ‘‘(5) USE OF SURFACE TRANSPORTATION PRO2 GRAM AND NATIONAL HIGHWAY PERFORMANCE PRO3 GRAM FUNDS.—Notwithstanding any other provision 

of law, not to exceed 1 4 ⁄2 of 1 percent of funds appor5 tioned to a State under paragraph (1) or (2) of sec6 tion 104(b) may be available to carry out this sub7 section upon request of the State transportation de8 partment to the Secretary.’’. 

9 SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYS10 TEM FUNDING FLEXIBILITY. 

11 (a) IN GENERAL.—Any funds made available to a 

12 State for the Appalachian development highway system 

13 program under subtitle IV of title 40, United States Code, 

14 before the date of enactment of this Act may be used, at 

15 the request of such State to the Secretary of Transpor16 tation, for the purposes described in section 133(b) of title 

17 23, United States Code. 

18 (b) LIMITATION.—The authority in subsection (a) 

19 may only be used by an Appalachian development highway 

20 system State if all of the Appalachian development high21 way system corridors authorized by subtitle IV of title 40, 

22 United States Code, in such State, have been fully com23 pleted and are open to traffic prior to the State making 

24 a request 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 

4 amended— 

5 (1) in subsection (e)(1) by inserting ‘‘and (8) 

6 through (9)’’ after ‘‘paragraphs (1) through (4)’’; 

7 and 

8 (2) in subsection (f) by adding at the end the 

9 following: 

10 ‘‘(4) REPORTS.—The Secretary shall submit to 

11 the Committee on Transportation and Infrastructure 

12 of the House of Representatives and the Committee 

13 on Commerce, Science, and Transportation of the 

14 Senate an annual report that includes— 

15 ‘‘(A) a list of all grant recipients under 

16 this subsection; 

17 ‘‘(B) an explanation of why each recipient 

18 was chosen in accordance with the criteria 

19 under paragraph (2); 

20 ‘‘(C) a summary of each recipient’s objec21 tive to carry out the purpose described in para22 graph (1) and an analysis of progress made to23 ward achieving each such objective; 

24 ‘‘(D) an accounting for the use of Federal 

25 funds obligated or expended in carrying out this 

26 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 Trans7 portation shall establish a working group (in this section 

8 referred to as the ‘‘Working Group’’) to conduct a study 

9 on access to covered resources for infrastructure projects. 

10 (b) MEMBERSHIP.— 

11 (1) APPOINTMENT.—The Secretary shall ap12 point to the Working Group individuals with knowl13 edge and expertise in the production and transpor14 tation of covered resources. 

15 (2) REPRESENTATION.—The Working Group 

16 shall include at least one representative of each of 

17 the 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, 

24 including small business operators and opera25 tors 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) Any other stakeholders that the Sec8 retary determines appropriate. 

9 (3) TERMINATION.—The Working Group shall 

10 terminate 6 months after the date on which the Sec11 retary receives the report under subsection (e)(1). 

12 (c) DUTIES.—In carrying out the study required 

13 under subsection (a), the Working Group shall analyze— 

14 (1) the use of covered resources in transpor15 tation projects funded with Federal dollars; 

16 (2) how the proximity of covered resources to 

17 such projects affects the cost and environmental im18 pact of such projects; 

19 (3) whether and how State, Tribal, and local 

20 transportation and planning agencies consider cov21 ered resources when developing transportation 

22 projects; and 

23 (4) any challenges for transportation project 

24 sponsors regarding access and proximity to covered 

25 resources. 


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1 (d) CONSULTATION.—In carrying out the study re2 quired under subsection (a), the Working Group shall con3 sult with, as appropriate— 

4 (1) chief executive officers of States; 

5 (2) State and local transportation planning 

6 agencies; 

7 (3) Indian Tribes; 

8 (4) other relevant State, Tribal, and local agen9 cies, including State agencies associated with cov10 ered resources protection; 

11 (5) members of the public with industry experi12 ence with respect to covered resources; 

13 (6) other Federal entities that provide funding 

14 for transportation projects; and 

15 (7) any other stakeholder the Working Group 

16 determines appropriate. 

17 (e) REPORTS.— 

18 (1) WORKING GROUP REPORT.—Not later than 

19 2 years after the date on which the Working Group 

20 is established, the Working Group shall submit to 

21 the Secretary a report that includes— 

22 (A) the findings of the study required 

23 under subsection (a), including a summary of 

24 comments received during the consultation 

25 process under subsection (d); and 


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1 (B) any recommendations to preserve ac2 cess to and reduce the costs and environmental 

3 impacts of covered resources for infrastructure 

4 projects. 

5 (2) DEPARTMENTAL REPORT.—Not later than 

6 3 months after the date on which the Secretary re7 ceives the report under paragraph (1), the Secretary 

8 shall submit to the Committee on Transportation 

9 and Infrastructure of the House of Representatives 

10 and the Committee on Environment and Public 

11 Works of the Senate a summary of the findings 

12 under such report and any recommendations, as ap13 propriate. 

14 (f) DEFINITIONS.—In this section: 

15 (1) COVERED RESOURCES.—The term ‘‘covered 

16 resources’’ means common variety materials used in 

17 transportation infrastructure construction and main18 tenance, including stone, sand, and gravel. 

19 (2) STATE.—The term ‘‘State’’ means each of 

20 the several States, the District of Columbia, and 

21 each territory or possession of the United States. 

22 SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTER23 CHANGES. 

24 (a) IN GENERAL.—Notwithstanding section 315 of 

25 title 23, United States Code, and section 1.36 of title 23, 


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1 Code of Federal Regulations, the Secretary of Transpor2 tation may not impose a penalty on a State that does not 

3 comply with section 2E.31 of the Manual on Uniform 

4 Traffic Control Devices (or a successor section) with re5 spect to the numbering of highway interchanges. 

6 (b) APPLICABILITY.—Subsection (a) shall only apply 

7 to a method of numbering of a highway interchange in 

8 effect on the date of enactment of this Act. 

9 SEC. 1615. TOLL CREDITS. 

10 (a) PURPOSES.—The Secretary of Transportation 

11 shall— 

12 (1) identify the extent of the demand to pur13 chase toll credits; 

14 (2) identify the expected cash price of toll cred15 its; 

16 (3) analyze the impact of the exchange of toll 

17 credits on transportation expenditures; and 

18 (4) identify any other repercussions of estab19 lishing a toll credit exchange. 

20 (b) SOLICITATION.—To carry out the requirements of 

21 this section, the Secretary shall solicit information from 

22 States eligible to use a credit under section 120(i) of title 

23 23, United States Code, including— 

24 (1) the amount of unused toll credits, includ25 ing— 


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1 (A) toll revenue generated and the sources 

2 of that revenue; 

3 (B) toll revenue used by public, quasi-pub4 lic, and private agencies to build, improve, or 

5 maintain highways, bridges, or tunnels that 

6 serve the public purpose of interstate commerce; 

7 and 

8 (C) an accounting of any Federal funds 

9 used by the public, quasi-public, or private 

10 agency to build, improve, or maintain the toll 

11 facility, to validate that the credit has been re12 duced by a percentage equal to the percentage 

13 of the total cost of building, improving, or 

14 maintaining the facility that was derived from 

15 Federal funds; 

16 (2) the documentation of maintenance of effort 

17 for toll credits earned by the State; and 

18 (3) the accuracy of the accounting system of 

19 the State to earn and track toll credits. 

20 (c) WEBSITE.—The Secretary shall make available a 

21 publicly accessible website on which a State eligible to use 

22 a credit under section 120(i) of title 23, United States 

23 Code shall publish the information described under sub24 section (b)(1). 


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1 (d) EVALUATION AND RECOMMENDATIONS TO CON2 GRESS.—Not later than 2 years after the date of enact3 ment of this Act, the Secretary shall provide to the Com4 mittee on Transportation and Infrastructure of the House 

5 of Representatives and the Committee on Environment 

6 and Public Works of the Senate, and make publicly avail7 able on the website of the Department of Transpor8 tation— 

9 (1) an evaluation of the accuracy of the ac10 counting and documentation of toll credits earned 

11 under section 120(i); 

12 (2) a determination whether a toll credit mar13 ketplace is viable and cost effective; 

14 (3) estimates, to the extent possible, of the av15 erage sale price of toll credits; and 

16 (4) recommendations on any modifications nec17 essary, including legislative changes, to establish and 

18 implement a toll credit exchange program. 

19 (e) DEFINITION.—In this section, the term ‘‘State’’ 

20 has the meaning given the term in section 101(a) of title 

21 23, United States Code. 

22 SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS 

23 PROCUREMENT. 

24 (a) ESTABLISHMENT.—Not later than 180 days after 

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1 portation shall initiate a review of the procurement proc2 esses used by State departments of transportation to se3 lect construction materials on projects utilizing Federal4 aid highway funds. 

5 (b) CONTENTS.—The review under subsection (a) 

6 shall include— 

7 (1) a review of competitive practices in the bid8 ding process for transportation construction mate9 rials; 

10 (2) a list of States that currently issue bids 

11 that include flexibility in the type of construction 

12 materials used to meet the project specifications; 

13 (3) any information provided by States on con14 siderations that influence the decision to include 

15 competition by type of material in transportation 

16 construction projects; 

17 (4) any data on whether issuing bids that in18 clude flexibility in the type of construction materials 

19 used to meet the project specifications will affect 

20 project costs over the lifecycle of an asset; 

21 (5) any data on the degree to which competition 

22 leads to greater use of sustainable, innovative, or re23 silient materials; and 


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1 (6) an evaluation of any barriers to more wide2 spread use of competitive bidding processes for 

3 transportation construction materials. 

4 (c) REPORT.—Not later than 18 months after the 

5 date of enactment of this Act, the Secretary shall submit 

6 to the Committee on Transportation and Infrastructure 

7 of the House of Representatives and the Committee on 

8 Environment and Public Works of the Senate, and make 

9 publicly available, a report on the review initiated by the 

10 Secretary pursuant to this section. 

11 SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT. 

12 (a) IN GENERAL.—The Secretary of Transportation 

13 shall, every 2 years, conduct nationwide, on-the-ground 

14 road safety assessments focused on pedestrian and bicycle 

15 safety in each State. 

16 (b) REQUIREMENTS.—The assessments required 

17 under subsection (a) shall be conducted— 

18 (1) by Department of Transportation field of19 fices from the Federal Highway Administration, the 

20 National Highway Transportation Safety Adminis21 tration, the Federal Transit Administration, and the 

22 Federal Motor Carrier Safety Administration; and 

23 (2) in consultation with— 

24 (A) State and local agencies with jurisdic25 tion over pedestrian and bicycle safety; 


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1 (B) pedestrian safety and bicycle safety 

2 advocacy organizations; and 

3 (C) other relevant pedestrian and bicycle 

4 safety stakeholders. 

5 (c) PURPOSES.—The purpose of the assessments 

6 under this section is to— 

7 (1) identify and examine specific locations with 

8 documented or perceived problems with pedestrian 

9 and bicycle safety and access; 

10 (2) examine barriers to providing safe pedes11 trian and bicycle access to transportation infrastruc12 ture; and 

13 (3) develop and issue recommendations de14 signed to effectively address specific safety and ac15 cess issues and enhance pedestrian and bicycle safe16 ty in high risk areas. 

17 (d) REPORT ON STATE ASSESSMENTS.—Upon com18 pletion of the assessment of a State, the Secretary shall 

19 issue, and make available to the public, a report con20 taining the assessment that includes— 

21 (1) a list of locations that have been assessed 

22 as presenting a danger to pedestrians or bicyclists; 

23 and 

24 (2) recommendations to enhance pedestrian and 

25 bicycle safety in those locations. 


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1 (e) REPORT ON NATIONWIDE PROGRAM.—Upon com2 pletion of the biannual assessment nationwide required 

3 under this section, the Secretary shall issue, and make 

4 available to the public, that covers assessments for all ju5 risdictions and also present it to the congressional trans6 portation committees. 

7 (f) NATIONAL PEDESTRIAN AND BICYCLE SAFETY

8 DATABASE.—The Secretary, in order to enhance pedes9 trian and bicycle safety and improve information sharing 

10 on pedestrian and bicycle safety challenges between the 

11 Federal Government and State and local governments, 

12 shall maintain a national pedestrian and bicycle safety 

13 database that includes— 

14 (1) a list of high-risk intersections, roads, and 

15 highways with a documented history of pedestrian or 

16 bicycle accidents or fatalities and details regarding 

17 those incidents; and 

18 (2) information on corrective measures that 

19 have been implemented at the State, local, or Fed20 eral level to enhance pedestrian and bicyclist safety 

21 at those high risk areas, including details on the na22 ture and date of corrective action. 

23 (g) STATE DEFINED.—In this section, the term 

24 ‘‘State’’ means each of the States, the District of Colum25 bia, 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 

5 date of enactment of this Act, the Secretary of Transpor6 tation shall enter into an agreement with the Transpor7 tation Research Board of the National Academies to con8 duct a study of the actions needed to ensure that Federal 

9 agencies are taking into account current and future cli10 mate conditions in planning, designing, building, oper11 ating, maintaining, investing in, and upgrading any feder12 ally funded 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 Soci17 ety of Civil Engineers, titled ‘‘Climate-Resilient In18 frastructure: Adaptive Design and Risk Manage19 ment’’; and 

20 (2) the report issued by the California Climate21 Safe Infrastructure Working Group, titled ‘‘Paying 

22 it Forward: The Path Toward Climate-Safe Infra23 structure 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 

13 relevant 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 

20 climate-resilient transportation infrastructure 

21 projects including new and emerging skills, training 

22 programs, competencies and recognized postsec23 ondary credentials that may be required to ade24 quately equip 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. 

5 For purposes of this paragraph, the term ‘‘dis6 proportionately exposed communities’’ means a com7 munity in which climate change, pollution, or envi8 ronmental destruction have exacerbated systemic ra9 cial, regional, social, environmental, and economic 

10 injustices by disproportionately affecting indigenous 

11 peoples, communities of color, migrant communities, 

12 deindustrialized communities, depopulated rural 

13 communities, the poor, low-income workers, women, 

14 the elderly, people experiencing homelessness, people 

15 with disabilities, people who are incarcerated, or 

16 youth. 

17 (d) CONSIDERATIONS.—In carrying out the study, 

18 the Transportation Research Board shall determine the 

19 need for information related to climate resilient transpor20 tation infrastructure by considering— 

21 (1) the current informational and institutional 

22 barriers to integrating projected infrastructure risks 

23 posed by climate change into federal infrastructure 

24 planning, design, engineering, construction, oper25 ation 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 cli4 mate change risks and impacts over the lifetime of 

5 projects; 

6 (3) how to select an appropriate, adaptive engi7 neering design for a range of future climate sce8 narios as related to infrastructure planning and in9 vestment; 

10 (4) how to incentivize and incorporate systems 

11 thinking into engineering design to maximize the 

12 benefits of multiple natural functions and emissions 

13 reduction, as well as regional planning; 

14 (5) how to take account of the risks of cas15 cading infrastructure failures and develop more ho16 listic approaches to evaluating and mitigating cli17 mate risks; 

18 (6) how to ensure that investments in infra19 structure resilience benefit all communities, includ20 ing communities of color, low-income communities 

21 and Indian Tribes that face a disproportionate risk 

22 from climate change and in many cases have experi23 enced long-standing unmet needs and underinvest24 ment in critical infrastructure; 


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1 (7) how to incorporate capital assessment and 

2 planning training and techniques, including a range 

3 of financing options to help local and State govern4 ments plan for and provide matching funds; 

5 (8) how federal agencies can track and monitor 

6 federally funded resilient infrastructure in a coordi7 nated fashion to help build the understanding of the 

8 cost-benefit of resilient infrastructure and to build 

9 the capacity for implementing resilient infrastruc10 ture; and 

11 (9) the occupations, skillsets, training pro12 grams, competencies and recognized postsecondary 

13 credentials that will be needed to implement such 

14 climate-resilient transportation infrastructure 

15 projects, and how to ensure that any new jobs cre16 ated by such projects ensure that priority hiring con17 siderations are given to individuals facing barriers to 

18 employment, communities of color, low-income com19 munities and Indian Tribes that face a dispropor20 tionate risk from climate change and have been ex21 cluded from job opportunities. 

22 (e) CONSULTATION.—In carrying out the study, the 

23 Transportation Research Board— 

24 (1) shall convene and consult with a panel of 

25 national experts, including operators and users of 


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1 Federal transportation infrastructure and private 

2 sector stakeholders; and 

3 (2) is encouraged to consult with— 

4 (A) representatives from the thirteen fed5 eral agencies that comprise the United States 

6 Global Change Research Program; 

7 (B) representatives from the Department 

8 of the Treasury; 

9 (C) professional engineers with relevant ex10 pertise in infrastructure design; 

11 (D) scientists from the National Academies 

12 with relevant expertise; 

13 (E) scientists, social scientists and experts 

14 from academic and research institutions who 

15 have expertise in climate change projections and 

16 impacts; engineering; architecture; or other rel17 evant areas of expertise; 

18 (F) licensed architects with relevant expe19 rience in infrastructure design; 

20 (G) certified planners; 

21 (H) representatives of State and local gov22 ernments and Indian Tribes; 

23 (I) representatives of environmental justice 

24 groups; and 


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1 (J) representatives of labor unions that 

2 represent key trades and industries involved in 

3 infrastructure projects. 

4 (f) REPORT.—Not later than 3 years after the date 

5 of enactment of this Act, the Transportation Research 

6 Board shall submit to the Secretary, the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives, and the Committee on Environment and 

9 Public Works of the Senate a report on the results of the 

10 study conducted under this section. 

11 SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO 

12 EMISSION VEHICLES. 

13 Subsection (s) of section 127 of title 23, United 

14 States Code is amended to read as follows: 

15 ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO

16 EMISSION VEHICLES.—A vehicle, if operated by an engine 

17 fueled primarily by natural gas, powered primarily by 

18 means of electric battery power, or fueled primarily by 

19 means of other zero emission fuel technologies, may exceed 

20 the weight limit on the power unit by up to 2,000 pounds 

21 (up to a maximum gross vehicle weight of 82,000 pounds) 

22 under this section.’’. 

23 SEC. 1620. GUIDANCE ON EVACUATION ROUTES. 

24 (a) IN GENERAL.— 


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1 (1) GUIDANCE.—The Administrator of the Fed2 eral Highway Administration, in coordination with 

3 the Administrator of the Federal Emergency Man4 agement Agency, and consistent with guidance 

5 issued by the Federal Emergency Management 

6 Agency pursuant to section 1209 of the Disaster Re7 covery Reform Act of 2018 (Public Law 115–254), 

8 shall revise existing guidance or issue new guidance 

9 as appropriate for State and local governments and 

10 Indian Tribes regarding the design, construction, 

11 maintenance, and repair of evacuation routes. 

12 (2) CONSIDERATIONS.—In revising or issuing 

13 guidance under subsection (a)(1), the Administrator 

14 of the Federal Highway Administration shall con15 sider— 

16 (A) methods that assist evacuation routes 

17 to— 

18 (i) withstand likely risks to viability, 

19 including flammability and hydrostatic 

20 forces; 

21 (ii) improve durability, strength (in22 cluding the ability to withstand tensile 

23 stresses and compressive stresses), and 

24 sustainability; and 


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1 (iii) provide for long-term cost sav2 ings; 

3 (B) the ability of evacuation routes to ef4 fectively manage contraflow operations; 

5 (C) for evacuation routes on public lands, 

6 the viewpoints of the applicable Federal land 

7 management agency regarding emergency oper8 ations, sustainability, and resource protection; 

9 and 

10 (D) such other items the Administrator of 

11 the Federal Highway Administration considers 

12 appropriate. 

13 (3) REPORT.—In the case in which the Admin14 istrator of the Federal Highway Administration, in 

15 consultation with the Administrator of the Federal 

16 Emergency Management Agency, concludes existing 

17 guidance addresses the considerations in paragraph 

18 (2), The Administrator of the Federal Highway Ad19 ministration shall submit to the Committee on 

20 Transportation and Infrastructure of the House of 

21 Representatives and the Committee on Environment 

22 and Public Works of the Senate a detailed report de23 scribing how existing guidance addresses such con24 siderations. 


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1 (b) STUDY.—The Administrator of the Federal High2 way Administration, in coordination with the Adminis3 trator of the Federal Emergency Management Agency and 

4 State, local, territorial governments, and Indian Tribes, 

5 shall— 

6 (1) conduct a study of the adequacy of available 

7 evacuation routes to accommodate the flow of evac8 uees; and 

9 (2) submit recommendations to Congress on 

10 how to help with anticipated evacuation route flow, 

11 based on the study conducted under paragraph (1). 

12 SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL 

13 HIGHWAY SYSTEM. 

14 (a) IDENTIFICATION.— 

15 (1) CENTRAL TEXAS CORRIDOR.—Section 

16 1105(c)(84) of the Intermodal Surface Transpor17 tation Efficiency Act of 1991 is amended to read as 

18 follows: 

19 ‘‘(84) The Central Texas Corridor, including 

20 the route— 

21 ‘‘(A) commencing in the vicinity of Texas 

22 Highway 338 in Odessa, Texas, running east23 ward generally following Interstate Route 20, 

24 connecting to Texas Highway 158 in the vicin25 ity of Midland, Texas, then following Texas 


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1 Highway 158 eastward to United States Route 

2 87 and then following United States Route 87 

3 southeastward, passing in the vicinity of San 

4 Angelo, Texas, and connecting to United States 

5 Route 190 in the vicinity of Brady, Texas; 

6 ‘‘(B) commencing at the intersection of 

7 Interstate Route 10 and United States Route 

8 190 in Pecos County, Texas, and following 

9 United States Route 190 to Brady, Texas; 

10 ‘‘(C) following portions of United States 

11 Route 190 eastward, passing in the vicinity of 

12 Fort Hood, Killeen, Belton, Temple, Bryan, 

13 College Station, Huntsville, Livingston, Wood14 ville, and Jasper, to the logical terminus of 

15 Texas Highway 63 at the Sabine River Bridge 

16 at Burrs Crossing and including a loop gen17 erally encircling Bryan/College Station, Texas; 

18 ‘‘(D) following United States Route 83 

19 southward from the vicinity of Eden, Texas, to 

20 a logical connection to Interstate Route 10 at 

21 Junction, Texas; 

22 ‘‘(E) following United States Route 69 

23 from Interstate Route 10 in Beaumont, Texas, 

24 north to United States Route 190 in the vicin25 ity of Woodville, Texas; 


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1 ‘‘(F) following United States Route 96 

2 from Interstate Route 10 in Beaumont, Texas, 

3 north to United States Route 190 in the vicin4 ity of Jasper, Texas; and 

5 ‘‘(G) following United States Route 190, 

6 State Highway 305, and United States Route 

7 385 from Interstate Route 10 in Pecos County, 

8 Texas to Interstate 20 at Odessa, Texas.’’. 

9 (2) CENTRAL LOUISIANA CORRIDOR.—Section 

10 1105(c) of the Intermodal Surface Transportation 

11 Efficiency Act of 1991 is amended by adding at the 

12 end the following: 

13 ‘‘(91) The Central Louisiana Corridor com14 mencing at the logical terminus of Louisiana High15 way 8 at the Sabine River Bridge at Burrs Crossing 

16 and generally following portions of Louisiana High17 way 8 to Leesville, Louisiana, and then eastward on 

18 Louisiana Highway 28, passing in the vicinity of Al19 exandria, Pineville, Walters, and Archie, to the log20 ical terminus of United States Route 84 at the Mis21 sissippi River Bridge at Vidalia, Louisiana.’’. 

22 (3) CENTRAL MISSISSIPPI CORRIDOR.—Section 

23 1105(c) of the Intermodal Surface Transportation 

24 Efficiency Act of 1991, as amended by this Act, is 

25 further amended by adding at the end the following: 


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1 ‘‘(92) The Central Mississippi Corridor, includ2 ing the route— 

3 ‘‘(A) commencing at the logical terminus 

4 of United States Route 84 at the Mississippi 

5 River and then generally following portions of 

6 United States Route 84 passing in the vicinity 

7 of Natchez, Brookhaven, Monticello, Prentiss, 

8 and Collins, to Interstate 59 in the vicinity of 

9 Laurel, Mississippi, and continuing on Inter10 state Route 59 north to Interstate Route 20 

11 and on Interstate Route 20 to the Mississippi12 Alabama State Border; and 

13 ‘‘(B) commencing in the vicinity of Laurel, 

14 Mississippi, running south on Interstate Route 

15 59 to United States Route 98 in the vicinity of 

16 Hattiesburg, connecting to United States Route 

17 49 south then following United States Route 49 

18 south to Interstate Route 10 in the vicinity of 

19 Gulfport and following Mississippi Route 601 

20 southerly terminating near the Mississippi State 

21 Port at Gulfport.’’. 

22 (4) MIDDLE ALABAMA CORRIDOR.—Section 

23 1105(c) of the Intermodal Surface Transportation 

24 Efficiency Act of 1991, as amended by this Act, is 

25 further amended by adding at the end the following: 


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1 ‘‘(93) The Middle Alabama Corridor including 

2 the route— 

3 ‘‘(A) beginning at the Alabama-Mississippi 

4 Border generally following portions of I–20 

5 until following a new interstate extension paral6 leling United States Highway 80 specifically: 

7 ‘‘(B) crossing Alabama Route 28 near 

8 Coatopa, Alabama, traveling eastward crossing 

9 United States Highway 43 and Alabama Route 

10 69 near Selma, Alabama, traveling eastwards 

11 closely paralleling United States Highway 80 to 

12 the south crossing over Alabama Routes 22, 41, 

13 and 21, until its intersection with I–65 near 

14 Hope Hull, Alabama; 

15 ‘‘(C) continuing east along the proposed 

16 Montgomery Outer Loop south of Montgomery, 

17 Alabama where it would next join with I–85 

18 east of Montgomery, Alabama; 

19 ‘‘(D) continuing along I–85 east bound 

20 until its intersection with United States High21 way 280 near Opelika, Alabama or United 

22 States Highway 80 near Tuskegee, Alabama; 

23 and 

24 ‘‘(E) generally following the most expe25 dient route until intersecting with existing 


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1 United States Highway 80 (JR Allen Parkway) 

2 through Phenix City until continuing into Co3 lumbus, Georgia.’’. 

4 (5) MIDDLE GEORGIA CORRIDOR.—Section 

5 1105(c) of the Intermodal Surface Transportation 

6 Efficiency Act of 1991, as amended by this Act, is 

7 further amended by adding at the end the following: 

8 ‘‘(94) The Middle Georgia Corridor including 

9 the route— 

10 ‘‘(A) beginning at the Alabama-Georgia 

11 Border generally following the Fall Line Free12 way from Columbus Georgia to Augusta, Geor13 gia specifically: 

14 ‘‘(B) travelling along United States Route 

15 80 (JR Allen Parkway) through Columbus, 

16 Georgia and near Fort Benning, Georgia, east 

17 to Talbot County, Georgia where it would follow 

18 Georgia Route 96, then commencing on Georgia 

19 Route 49C (Fort Valley Bypass) to Georgia 

20 Route 49 (Peach Parkway) to its intersection 

21 with Interstate route 75 in Byron, Georgia; 

22 ‘‘(C) continuing north along Interstate 

23 Route 75 through Warner Robins and Macon, 

24 Georgia where it would meet Interstate Route 

25 16. Following Interstate 16 east it would next 


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1 join United States Route 80 and then onto 

2 State Route 57; and 

3 ‘‘(D) commencing with State Route 57 

4 which turns into State Route 24 near 

5 Milledgeville, Georgia would then bypass Wrens, 

6 Georgia with a newly constructed bypass. After 

7 the bypass it would join United States Route 1 

8 near Fort Gordon into Augusta, Georgia where 

9 it will terminate at Interstate Route 520.’’. 

10 (6) LOUISIANA CAPITAL REGION.—Section 

11 1105(c) of the Intermodal Surface Transportation 

12 Efficiency Act of 1991, as amended by this Act, is 

13 further amended by adding at the end the following: 

14 ‘‘(95) The Louisiana Capital Region High Pri15 ority Corridor, which shall generally follow— 

16 ‘‘(A) Interstate 10, between its intersec17 tions with Interstate 12 and Louisiana High18 way 415; 

19 ‘‘(B) Louisiana Highway 415, between its 

20 intersections with Interstate 10 and United 

21 States route 190; 

22 ‘‘(C) United States route 190, between its 

23 intersections with Louisiana Highway 415 and 

24 intersection with Interstate 110; 


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1 ‘‘(D) Interstate 110, between its intersec2 tions with United States route 190 and Inter3 state 10; 

4 ‘‘(E) Louisiana Highway 30, near St. Ga5 briel, LA and its intersections with Interstate 

6 10; 

7 ‘‘(F) Louisiana Highway 1, near White 

8 Castle, LA and its intersection with Interstate 

9 10; and 

10 ‘‘(G) A bridge connecting Louisiana High11 way 1 with Louisiana Highway 30, south of the 

12 Interstate described in subparagraph (A).’’. 

13 (b) INCLUSION OF CERTAIN SEGMENTS ON INTER14 STATE SYSTEM.—Section 1105(e)(5)(A) of the Intermodal 

15 Surface Transportation Efficiency Act of 1991 is amend16 ed— 

17 (1) by inserting ‘‘subclauses (I) through (IX) of 

18 subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),’’ 

19 after ‘‘subsection (c)(37),’’; 

20 (2) by inserting ‘‘subsection (c)(84),’’ after 

21 ‘‘subsection (c)(83),’’; and 

22 (3) by striking ‘‘and subsection (c)(90)’’ and in23 serting ‘‘subsection (c)(90), subsection (c)(91), sub24 section (c)(92), subsection (c)(93), subsection 

25 (c)(94), and subsection (c)(95)’’. 


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1 (c) DESIGNATION.—Section 1105(e)(5)(C) of the 

2 Intermodal Surface Transportation Efficiency Act of 1991 

3 is amended by striking ‘‘The route referred to in sub4 section (c)(84) is designated as Interstate Route I–14.’’ 

5 and inserting ‘‘The route referred to in subsection 

6 (c)(84)(A) is designated as Interstate Route I–14 North. 

7 The route referred to in subsection (c)(84)(B) is des8 ignated as Interstate Route I–14 South. The Bryan/Col9 lege Station, Texas loop referred to in subsection (c)(84) 

10 is designated as Interstate Route I–214. The routes re11 ferred to in subparagraphs (C), (D), (E), (F), and (G) 

12 of subsection (c)(84) and in subsections (c)(91), (c)(92), 

13 (c)(93), and (c)(94) are designated as Interstate Route I– 

14 14.’’. 

15 SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED 

16 ROADS. 

17 The Administrator of the Federal Highway Adminis18 tration, in coordination with the Administrator of the Fed19 eral Emergency Management Agency, shall review the 

20 guidance issued pursuant to section 1228 of the Disaster 

21 Recovery Reform Act of 2018 (Public Law 115–254), and 

22 issue guidance regarding repair, restoration, and replace23 ment of inundated and submerged roads damaged or de24 stroyed by a major disaster declared pursuant to the Rob25 ert T. Stafford Disaster Relief and Emergency Assistance 


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1 Act (42 U.S.C. 5121 et seq.) with respect to roads eligible 

2 for assistance under Federal Highway Administration pro3 grams. 

4 SEC. 1623. DRY BULK WEIGHT TOLERANCE. 

5 Section 127 of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(v) DRY BULK WEIGHT TOLERANCE.— 

8 ‘‘(1) DEFINITION OF DRY BULK GOODS.—In 

9 this subsection, the term ‘dry bulk goods’ means any 

10 homogeneous unmarked nonliquid cargo being trans11 ported in a trailer specifically designed for that pur12 pose. 

13 ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding 

14 any other provision of this section, except for the 

15 maximum gross vehicle weight limitation, a commer16 cial motor vehicle transporting dry bulk goods may 

17 not exceed 110 percent of the maximum weight on 

18 any axle or axle group described in subsection (a), 

19 including any enforcement tolerance.’’. 

20 SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS. 

21 Section 143(b)(2)(A) of title 23, United States Code, 

22 is amended by striking ‘‘2016 through 2020’’ and insert23 ing ‘‘2023 through 2026’’. 


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1 SEC. 1625. LABOR STANDARDS. 

2 It is the policy of the United States that funds au3 thorized or made available by this Act, or the amendments 

4 made by this Act, should not be used to purchase products 

5 produced whole or in part through the use of child labor, 

6 as such term is defined in Article 3 of the International 

7 Labor Organization Convention concerning the prohibition 

8 and immediate action for the elimination of the worst 

9 forms of child labor (December 2, 2000), or in violation 

10 of human rights. 

11 SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of enactment of this Act, and every 5 years there14 after, the Comptroller General of the United States shall 

15 evaluate and issue a report to Congress on the economic 

16 benefits, including avoided impacts on property and life, 

17 of the use of model, consensus-based building codes, 

18 standards, and provisions that support resilience to cli19 mate risks and impacts, including— 

20 (1) flooding; 

21 (2) wildfires; 

22 (3) hurricanes; 

23 (4) heat waves; 

24 (5) droughts; 

25 (6) rises in sea level; and 

26 (7) extreme weather. 


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1 (b) REPORT ISSUES.—The report required under 

2 subsection (a) shall include the following: 

3 (1) An assessment of the status of adoption of 

4 building codes, standards, and provisions within the 

5 States, territories, and tribes at the State or juris6 dictional level; including whether the adopted codes 

7 meet or exceed the most recent published edition of 

8 a national, consensus-based model code. 

9 (2) An analysis of the extent to which pre-dis10 aster mitigation measures provide benefits to the na11 tion and individual States, territories and tribes, in12 cluding— 

13 (A) an economic analysis of the benefits to 

14 the design and construction of new resilient in15 frastructure; 

16 (B) losses avoided, including economic 

17 losses, number of structures (buildings, roads, 

18 bridges), and injuries and deaths by utilizing 

19 building codes and standards that prioritize re20 siliency; and 

21 (C) an economic analysis of the benefits to 

22 using hazard resistant building codes in rebuild23 ing and repairing infrastructure following a dis24 aster. 


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1 (3) An assessment of the building codes and 

2 standards referenced or otherwise currently incor3 porated into Federal policies and programs, includ4 ing but not limited to grants, incentive programs, 

5 technical assistance and design and construction cri6 teria, administered by the Federal Emergency Man7 agement Agency (hereinafter referred to as 

8 ‘‘FEMA’’), including— 

9 (A) the extent to which such codes and 

10 standards contribute to increasing climate resil11 iency; 

12 (B) recommendations for how FEMA could 

13 improve their use of codes and standards to 

14 prepare for climate change and address resil15 iency in housing, public buildings, and infra16 structure such as roads and bridges; and 

17 (C) how FEMA could increase efforts to 

18 support the adoption of hazard resistant codes 

19 by the States, territories, and Indian Tribes. 

20 (4) Recommendations for FEMA on how to bet21 ter incorporate climate resiliency into efforts to re22 build after natural disasters. 


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1 SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING 

2 RIGHTS HIGHWAY. 

3 (a) DESIGNATION.—The portion of United States 

4 Route 80 from Selma, Alabama to Montgomery, Alabama 

5 shall be known as the ‘‘John R. Lewis Voting Rights 

6 Highway’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the portion of United States Route 80 from 

10 Selma, Alabama to Montgomery, Alabama is deemed to 

11 be a reference to the ‘‘John R. Lewis Voting Rights High12 way’’. 

13 SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FER14 RIES. 

15 (a) IN GENERAL.—The Comptroller General of the 

16 United States shall conduct a study on the capital invest17 ment needs of United States public ferries and how Fed18 eral funding programs are meeting such needs. 

19 (b) CONSIDERATIONS.—In carrying out the study 

20 under subsection (a), the Comptroller General shall exam21 ine the feasibility of including United States public ferries 

22 in the conditions and performance report of the Depart23 ment of Transportation. 

24 (c) REPORT TO CONGRESS.—Not later than 1 year 

25 after the date of enactment of this Act, the Comptroller 

26 General shall submit to Congress a report describing the 


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1 results of the study described in subsection (a), including 

2 any recommendations for how to include ferries in the con3 ditions and performance report of the Department of 

4 Transportation. 

5 SEC. 1629. USE OF MODELING AND SIMULATION TECH6 NOLOGY. 

7 It is the sense of Congress that the Department of 

8 Transportation should utilize, to the fullest and most eco9 nomically feasible extent practicable, modeling and simula10 tion technology to analyze highway and public transpor11 tation projects authorized by this Act and the amendments 

12 made by this Act to ensure that these projects— 

13 (1) increase transportation capacity and safety, 

14 alleviate congestion, and reduce travel time and envi15 ronmental impacts; and 

16 (2) are as cost effective as practicable. 

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

18 (a) ESTABLISHMENT.—Not later than 2 years after 

19 the date of enactment of this Act, the Comptroller General 

20 of the United States shall carry out a study on the impact 

21 of equity issues associated with per-mile user fee funding 

22 systems on the surface transportation system. 

23 (b) CONTENTS.—The study under subsection (a) 

24 shall include the following with respect to per-mile user 

25 fee systems: 


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1 (1) The financial, social, and other impacts of 

2 per-mile user fee systems on individuals, low-income 

3 individuals, and individuals of different races. 

4 (2) The impact that access to alternative modes 

5 of transportation, including public transportation, 

6 has in carrying out per-mile user fee systems. 

7 (3) The ability to access jobs and services, 

8 which may include healthcare facilities, child care, 

9 education and workforce training, food sources, 

10 banking and other financial institutions, and other 

11 retail shopping establishments. 

12 (4) Equity issues for low-income individuals in 

13 urban and rural areas. 

14 (5) Any differing impacts on passenger vehicles 

15 and commercial vehicles. 

16 (c) INCLUSIONS.—In carrying out the study under 

17 subsection (a), the Comptroller General shall include an 

18 analysis of the following programs: 

19 (1) The State surface transportation system 

20 funding pilot program under section 6020 of the 

21 FAST Act; and 

22 (2) The national surface transportation system 

23 funding pilot under section 5402 of this Act. 

24 (d) REPORT.—Not later than 2 years after the date 

25 of the enactment after this Act, the Comptroller General 


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1 shall submit to the Committee on Transportation and In2 frastructure of the House of Representatives and the Com3 mittee on Environment and Public Works of the Senate, 

4 and make publicly available, a report containing the re5 sults of the study under subsection (a), including rec6 ommendations for how to equitably implement per-mile 

7 user fee systems. 

8 (e) DEFINITIONS.— 

9 (1) PER-MILE USER FEE.—The term ‘‘per-mile 

10 user fee’’ means a revenue mechanism that— 

11 (A) is applied to road users operating 

12 motor vehicles on the surface transportation 

13 system; and 

14 (B) is based on the number of vehicle miles 

15 traveled by an individual road user. 

16 (2) COMMERCIAL VEHICLE.—The term ‘‘com17 mercial vehicle’’ has the meaning given the term 

18 commercial motor vehicle in section 31101 of title 

19 49, United States Code. 

20 SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT 

21 STATE DOTS. 

22 (a) REVIEW REQUIRED.—Not later than 1 year after 

23 the date of enactment of this Act, the Comptroller General 

24 shall undertake a review of the extent to which State de25 partments of transportation have in place best practices, 


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1 standards, and protocols designed to ensure equity consid2 erations in transportation planning, project selection, and 

3 project delivery, including considerations of the diverse 

4 transportation needs of low-income populations, minority 

5 populations, and other diverse populations. 

6 (b) EVALUATION.—After the completion of the review 

7 under subsection (a), the Comptroller General shall issue 

8 and make available on a publicly accessible Website a re9 port detailing— 

10 (1) findings based on the review in subsection 

11 (a); 

12 (2) a comprehensive set of recommendations for 

13 State departments of transportation to improve eq14 uity considerations, which may include model legisla15 tion, best practices, or guidance; and 

16 (3) any recommendations to Congress for addi17 tional statutory authority needed to support State 

18 department of transportation efforts to incorporate 

19 equity considerations into transportation planning, 

20 project selection, and project delivery. 

21 (c) REPORT.—After completing the review and eval22 uation required under subsections (a) and (b), and not 

23 later than 2 years after the date of enactment of this Act, 

24 the Comptroller General shall make available on a publicly 

25 accessible Website, a report that includes— 


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1 (1) findings based on the review conducted 

2 under subsection (a); 

3 (2) the outcome of the evaluation conducted 

4 under subsection (b); 

5 (3) a comprehensive set of recommendations to 

6 improve equity considerations in the public transpor7 tation industry, including recommendations for stat8 utory changes if applicable; and 

9 (4) the actions that the Secretary of Transpor10 tation could take to effectively address the rec11 ommendations provided under paragraph (3). 

12 SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVEN13 TION NETS AND BARRIERS FOR STRUCTURES 

14 OTHER THAN BRIDGES. 

15 (a) STUDY.—The Comptroller General of the United 

16 States shall conduct a study to identify— 

17 (1) the types of structures, other than bridges, 

18 that attract a high number of individuals attempting 

19 suicide-by-jumping; 

20 (2) the characteristics that distinguish struc21 tures identified under paragraph (1) from similar 

22 structures that do not attract a high number of indi23 viduals attempting suicide-by-jumping; 


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1 (3) the types of nets or barriers that are effec2 tive at reducing suicide-by-jumping with respect to 

3 the structures identified under paragraph (1); 

4 (4) methods of reducing suicide-by-jumping 

5 with respect to the structures identified under para6 graph (1) other than nets and barriers; 

7 (5) quantitative measures of the effectiveness of 

8 the nets and barriers identified under paragraph (3); 

9 (6) quantitative measures of the effectiveness of 

10 the additional methods identified under paragraph 

11 (4); 

12 (7) the entities that typically install the nets 

13 and barriers identified under paragraph (3); and 

14 (8) the costs of the nets and barriers identified 

15 under paragraph (3). 

16 (b) REPORT.—Not later than 1 year after the date 

17 of the enactment of this Act, the Comptroller General shall 

18 submit to the Committee on Transportation and Infra19 structure of the House of Representatives and the Com20 mittee on Commerce, Science, and Transportation of the 

21 Senate a report on the results of the study conducted 

22 under subsection (a). 

23 SEC. 1633. REPEAL OF PILOT PROGRAM. 

24 Section 325 of title 23, United States Code, is re25 pealed. 


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1 SEC. 1634. TECHNICAL CORRECTIONS. 

2 (a) IN GENERAL.— Title 23, United States Code, is 

3 amended as follows: 

4 (1) NAME CORRECTION.—Section 

5 101(a)(16)(C),as amended, is amended by striking 

6 ‘‘United States Customs and Immigration Services’’ 

7 and inserting ‘‘ U.S. Customs and Border Protec8 tion’’. 

9 (2) TRANSFER OF FUNDS.—Section 104(f)(3) is 

10 amended— 

11 (A) in subparagraph (A), by striking ‘‘the 

12 Federal Highway Administration’’ and inserting 

13 ‘‘an operating administration of the Depart14 ment of Transportation’’; and 

15 (B) in the paragraph heading, by striking 

16 ‘‘Federal Highway Administration’’ and insert17 ing ‘‘an operating administration of the Depart18 ment of Transportation’’. 

19 (3) TERMS AND CONDITIONS.—Section 

20 108(c)(3)(F) is amended— 

21 (A) by inserting ‘‘of 1969 (42 U.S.C. 4321 

22 et seq.)’’ after ‘‘Policy Act’’; and 

23 (B) by striking ‘‘this Act’’ and inserting 

24 ‘‘this title’’. 

25 (4) EXCLUSION.—Section 112(b)(2) is amended 

26 in subparagraph (F) by striking ‘‘(F)’’ and all that 


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1 follows through ‘‘Subparagraphs’’ and inserting ‘‘(F)

2 Subparagraphs’’. 

3 (5) REFERENCE TO STATEWIDE TRANSPOR4 TATION IMPROVEMENT PROGRAM.—Section 115(c) is 

5 amended by striking ‘‘135(f)’’ and inserting 

6 ‘‘135(g)’’. 

7 (6) OPPORTUNITY FOR COMMENT.—Section 

8 134(j) is amended by striking ‘‘subsection (i)(5)’’ 

9 both places it appears and inserting ‘‘subsection 

10 (i)(6)’’. 

11 (7) PERFORMANCE-BASED APPROACH.—Section 

12 135(f)(7)(B) is amended by striking the semicolon 

13 at the end and inserting a period. 

14 (8) EFFICIENT ENVIRONMENTAL REVIEWS FOR

15 PROJECT DECISIONMAKING.—Section 139 is amend16 ed— 

17 (A) in subsection (b)(1) by inserting ‘‘(42 

18 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’; 

19 (B) in subsection (c) by inserting ‘‘(42 

20 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’ each 

21 place it appears; and 

22 (C) in subsection (k)(2) by inserting ‘‘(42 

23 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. 


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1 (9) NONDISCRIMINATION.—Section 140(a) is 

2 amended, in the third sentence, by inserting a 

3 comma after ‘‘Secretary’’. 

4 (10) PUBLIC TRANSPORTATION.—Section 142 

5 is amended by striking subsection (i). 

6 (11) CONGESTION MITIGATION AND AIR QUAL7 ITY IMPROVEMENT PROGRAM.—Section 149 is 

8 amended— 

9 (A) in subsection (b)(1)(A)(ii) by striking 

10 ‘‘; or,’’ and inserting ‘‘; or’’; and 

11 (B) in subsection (g)(2)(B) by striking the 

12 semicolon at the end and inserting ‘‘; and’’. 

13 (12) TRIBAL TRANSPORTATION PROGRAM DATA

14 COLLECTION.—Section 201(c)(6)(A)(ii) is amended 

15 by striking ‘‘(25 U.S.C. 450 et seq.)’’ and inserting 

16 ‘‘(25 U.S.C. 5301 et seq.)’’. 

17 (13) TRIBAL TRANSPORTATION PROGRAM.— 

18 Section 202 is amended— 

19 (A) by striking ‘‘(25 U.S.C. 450 et seq.)’’ 

20 each place it appears and inserting ‘‘(25 U.S.C. 

21 5301 et seq.)’’; 

22 (B) in subsection (a)(10)(B) by striking 

23 ‘‘(25 U.S.C. 450e(b))’’ and inserting ‘‘(25 

24 U.S.C. 5307(b))’’; and 

25 (C) in subsection (b)— 


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1 (i) in paragraph (5) in the matter pre2 ceding subparagraph (A) by inserting 

3 ‘‘the’’ after ‘‘agreement under’’; and 

4 (ii) in paragraph (6)(A) by inserting 

5 ‘‘the’’ after ‘‘in accordance with’’. 

6 (14) PERMISSIBLE USES OF RECREATIONAL

7 TRAILS PROGRAM APPORTIONED FUNDS.—Section 

8 206(d)(2)(G) is amended by striking ‘‘use of rec9 reational trails’’ and inserting ‘‘uses of recreational 

10 trails’’. 

11 (15) TRIBAL TRANSPORTATION SELF-GOVERN12 ANCE PROGRAM.—Section 207 is amended— 

13 (A) in subsection (g)— 

14 (i) by striking ‘‘(25 U.S.C. 450j–1)’’ 

15 and inserting ‘‘(25 U.S.C. 5325)’’; and 

16 (ii) by striking ‘‘(25 U.S.C. 450j17 1(f))’’ and inserting ‘‘(25 U.S.C. 

18 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 

3 ‘‘(25 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 DONA10 TION.—Section 323(d) is amended in the matter 

11 preceding paragraph (1) by inserting ‘‘(42 U.S.C. 

12 4321 et seq.)’’ after ‘‘of 1969’’. 

13 (18) HIGHWAY SAFETY PROGRAMS.—Section 

14 402(b)(1)(E) is amended by striking the semicolon 

15 at the end and inserting ‘‘; and’’. 

16 (19) USE OF FREIGHT CAPACITY BUILDING

17 PROGRAM 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.—Sec21 tion 602(e) is amended by striking ‘‘601(a)(1)(A)’’ 

22 and inserting ‘‘601(a)(2)(A)’’. 

23 (b) CLERICAL AMENDMENTS.— 

24 (1) IN GENERAL.—The table of contents for 

25 title 23, United States Code, is amended in the item 


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1 relating 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 

17 from the Mass Transit Account of the Highway 

18 Trust Fund to carry out sections 5305, 5307, 5308, 

19 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 

20 5337, 5339, and 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 


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1 ‘‘(D) $18,901,573,693 for fiscal year 

2 2026. 

3 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

4 made available under paragraph (1)— 

5 ‘‘(A) $189,879,151 for fiscal year 2023, 

6 $192,841,266 for fiscal year 2024, 

7 $195,926,726 for fiscal year 2025, and 

8 $199,002,776 for fiscal year 2026, shall be 

9 available to carry out section 5305; 

10 ‘‘(B) $7,505,830,848 for fiscal year 2023, 

11 $7,622,921,809 for fiscal year 2024, 

12 $7,744,888,558 for fiscal year 2025, and 

13 $7,866,483,309 for fiscal year 2026 shall be al14 located in accordance with section 5336 to pro15 vide financial assistance for urbanized areas 

16 under section 5307; 

17 ‘‘(C) $101,510,000 for fiscal year 2023, 

18 $103,093,556 for fiscal year 2024, 

19 $104,743,053 for fiscal year 2025, and 

20 $106,387,519 for fiscal year 2026 shall be 

21 available for grants under section 5308; 

22 ‘‘(D) $434,830,298 for fiscal year 2023, 

23 $441,613,651 for fiscal year 2024, 

24 $448,679,469 for fiscal year 2025, and 

25 $455,723,737 for fiscal year 2026 shall be 


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1 available to carry out section 5310, of which 

2 not less than— 

3 ‘‘(i) $5,075,500 for fiscal year 2023, 

4 $5,154,678 for fiscal year 2024, 

5 $5,237,153 for fiscal year 2025, and 

6 $5,319,376 for fiscal year 2026 shall be 

7 available to carry out section 5310(j); and 

8 ‘‘(ii) $20,302,000 for fiscal year 2023, 

9 $20,618,711 for fiscal year 2024, 

10 $20,948,611 for fiscal year 2025, and 

11 $21,277,504 for fiscal year 2026 shall be 

12 available to carry out section 5310(k); 

13 ‘‘(E) $1,025,199,724 for fiscal year 2023, 

14 $1,041,192,839 for fiscal year 2024, 

15 $1,057,851,925 for fiscal year 2025, and 

16 $1,074,460,200 for fiscal year 2026 shall be 

17 available to carry out section 5311, of which 

18 not less than— 

19 ‘‘(i) $55,679,500 for fiscal year 2023, 

20 $56,392,100 for fiscal year 2024, 

21 $57,134,374 for fiscal year 2025, and 

22 $57,874,383 for fiscal year 2026 shall be 

23 available to carry out section 5311(c)(1); 

24 and 


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1 ‘‘(ii) $50,755,000 for fiscal year 2023, 

2 $51,546,778 for fiscal year 2024, 

3 $52,371,526 for fiscal year 2025, and 

4 $53,193,759 for fiscal year 2026 shall be 

5 available to carry out section 5311(c)(2); 

6 ‘‘(F) $53,498,300 for fiscal year 2023; 

7 $54,020,873 for fiscal year 2024; $54,565,207 

8 for fiscal year 2025; $55,107,881 for fiscal year 

9 2026 shall be available to carry out section 

10 5312, of which not less than— 

11 ‘‘(i) $5,075,500 for fiscal year 2023, 

12 $5,154,678 for fiscal year 2024, 

13 $5,237,153 for fiscal year 2025, and 

14 $5,319,376 for fiscal year 2026 shall be 

15 available to carry out each of sections 

16 5312(d)(3) and 5312(d)(4); 

17 ‘‘(ii) $3,045,300 for fiscal year 2023, 

18 $3,092,807 for fiscal year 2024, 

19 $3,142,292 for fiscal year 2025, and 

20 $3,191,626 for fiscal year 2026 shall be 

21 available to carry out section 5312(h); 

22 ‘‘(iii) $10,151,000 for fiscal year 

23 2023, $10,309,356 for fiscal year 2024, 

24 $10,474,305 for fiscal year 2025, and 


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1 $10,638,752 for fiscal year 2026 shall be 

2 available to carry out section 5312(i); and 

3 ‘‘(iv) $10,075,500 for fiscal year 

4 2023, $10,154,678 for fiscal year 2024, 

5 $10,237,153 for fiscal year 2025, and 

6 $10,319,376 shall be available to carry out 

7 section 5312(j); 

8 ‘‘(G) $23,347,300 for fiscal year 2023, 

9 $23,711,518 for fiscal year 2024, $24,090,902 

10 for fiscal year 2025, and $24,469,129 for fiscal 

11 year 2026 shall be available to carry out section 

12 5314, of which not less than— 

13 ‘‘(i) $4,060,400 for fiscal year 2023, 

14 $4,123,742 for fiscal year 2024, 

15 $4,189,722 for fiscal year 2025, and 

16 $4,255,501 for fiscal year 2026 shall be 

17 available to carry out section of 5314(a); 

18 ‘‘(ii) $5,075,500 for fiscal year 2023, 

19 $5,154,678 for fiscal year 2024, 

20 $5,237,153 for fiscal year 2025, and 

21 $5,319,376 for fiscal year 2026 shall be 

22 available to carry out section 5314(c); and 

23 ‘‘(iii) $12,181,200 for fiscal year 

24 2023, $12,371,227 for fiscal year 2024, 

25 $12,569,166 for fiscal year 2025, and 


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1 $12,766,502 for fiscal year 2026 shall be 

2 available to carry out section 5314(b)(2); 

3 ‘‘(H) $5,075,500 for fiscal year 2023, 

4 $5,154,678 for fiscal year 2024, $5,237,153 for 

5 fiscal year 2025, and $5,319,376 for fiscal year 

6 2026 shall be available to carry out section 

7 5318; 

8 ‘‘(I) $30,453,000 for fiscal year 2023, 

9 $30,928,067 for fiscal year 2024, $31,422,916 

10 for fiscal year 2025, and $31,916,256 for fiscal 

11 year 2026 shall be available to carry out section 

12 5328, of which not less than— 

13 ‘‘(i) $25,377,500 for fiscal year 2023, 

14 $25,773,389 for fiscal year 2024, 

15 $26,185,763 for fiscal year 2025, and 

16 $26,596,880 for fiscal year 2026 shall be 

17 available to carry out section of 5328(b); 

18 and 

19 ‘‘(ii) $2,537,750 for fiscal year 2023, 

20 $2,577,339 for fiscal year 2024, 

21 $2,618,576 for fiscal year 2025, and 

22 $2,659,688 for fiscal year 2026 shall be 

23 available to carry out section 5328(c); 

24 ‘‘(J) $4,060,400 for fiscal year 2023, 

25 $4,123,742 for fiscal year 2024, $4,189,722 for 


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1 fiscal year 2025, and $4,255,501 for fiscal year 

2 2026 shall be available to carry out section 

3 5335; 

4 ‘‘(K) $5,366,233,728 for fiscal year 2023, 

5 $5,460,789,084 for fiscal year 2024, 

6 $5,560,170,578 for fiscal year 2025, and 

7 $5,660,288,417 for fiscal year 2026 shall be 

8 available to carry out section 5337; 

9 ‘‘(L) to carry out the bus formula program 

10 under section 5339(a)— 

11 ‘‘(i) $1,240,328,213 for fiscal year 

12 2023, $1,259,667,334 for fiscal year 2024, 

13 $1,279,832,171 for fiscal year 2025, and 

14 $1,299,925,536 for fiscal year 2026; ex15 cept that 

16 ‘‘(ii) 15 percent of the amounts under 

17 clause (i) shall be available to carry out 

18 5339(d); 

19 ‘‘(M) $437,080,000 for fiscal year 2023, 

20 $424,748,448 for fiscal year 2024, 

21 $387,944,423 for fiscal year 2025, and 

22 $351,100,151 for fiscal year 2026 shall be 

23 available to carry out section 5339(b); 

24 ‘‘(N) $890,000,000 for fiscal year 2023, 

25 $950,000,000 for fiscal year 2024, 


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1 $1,065,000,000 for fiscal year 2025, and 

2 $1,180,000,000 for fiscal year 2026 shall be 

3 available to carry out section 5339(c); and 

4 ‘‘(O) $587,133,905 for each of fiscal years 

5 2023 through 2026 shall be available to carry 

6 out section 5340 to provide financial assistance 

7 for urbanized areas under section 5307 and 

8 rural areas under section 5311, of which— 

9 ‘‘(i) $309,688,908 for each of fiscal 

10 years 2023 through 2026 shall be for 

11 growing States under section 5340(c); and 

12 ‘‘(ii) $277,444,997 for each of fiscal 

13 years 2023 through 2026 shall be for high 

14 density States under section 5340(d). 

15 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au16 thorized to be appropriated to carry out section 5309 

17 $3,500,000,000 for fiscal year 2023, $4,250,000,000 for 

18 fiscal year 2024, $5,000,000,000 for fiscal year 2025, and 

19 5,500,000,000 for fiscal year 2026. 

20 ‘‘(c) ADMINISTRATION.— 

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

22 appropriated to carry out section 5334, 

23 $142,060,785 for fiscal year 2023, $144,191,696 for 

24 fiscal year 2024, $146,412,248 for fiscal year 2025, 

25 and 148,652,356 for fiscal year 2026. 


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1 ‘‘(2) SECTION 5329.—Of the amounts author2 ized to be appropriated under paragraph (1), not 

3 less than $6,000,000 for each of fiscal years 2023 

4 through 2026 shall be available to carry out section 

5 5329. 

6 ‘‘(3) SECTION 5326.—Of the amounts made 

7 available under paragraph (2), not less than 

8 $2,500,000 for each of fiscal years 2023 through 

9 2026 shall be available to carry out section 5326. 

10 ‘‘(d) OVERSIGHT.— 

11 ‘‘(1) IN GENERAL.—Of the amounts made 

12 available to carry out this chapter for a fiscal year, 

13 the Secretary may use not more than the following 

14 amounts for the activities described in paragraph 

15 (2): 

16 ‘‘(A) 0.5 percent of amounts made avail17 able to carry out section 5305. 

18 ‘‘(B) 0.75 percent of amounts made avail19 able to carry out section 5307. 

20 ‘‘(C) 1 percent of amounts made available 

21 to carry out section 5309. 

22 ‘‘(D) 1 percent of amounts made available 

23 to carry out section 601 of the Passenger Rail 

24 Investment and Improvement Act of 2008 

25 (Public Law 110–432; 126 Stat. 4968). 


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1 ‘‘(E) 0.5 percent of amounts made avail2 able to carry out section 5310. 

3 ‘‘(F) 0.5 percent of amounts made avail4 able to carry out section 5311. 

5 ‘‘(G) 1 percent of amounts made available 

6 to carry out section 5337, of which not less 

7 than 25 percent of such amounts shall be avail8 able to carry out section 5329 and of which not 

9 less than 10 percent of such amounts shall be 

10 made available to carry out section 5320. 

11 ‘‘(H) 1 percent of amounts made available 

12 to carry out section 5339 of which not less than 

13 10 percent of such amounts shall be made 

14 available to carry out section 5320. 

15 ‘‘(I) 1 percent of amounts made available 

16 to carry out section 5308. 

17 ‘‘(2) ACTIVITIES.—The activities described in 

18 this paragraph are as follows: 

19 ‘‘(A) Activities to oversee the construction 

20 of a major capital project. 

21 ‘‘(B) Activities to review and audit the 

22 safety and security, procurement, management, 

23 and financial compliance of a recipient or sub24 recipient of funds under this chapter. 


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1 ‘‘(C) Activities to provide technical assist2 ance generally, and to provide technical assist3 ance to correct deficiencies identified in compli4 ance reviews and audits carried out under this 

5 section. 

6 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 

7 Government shall pay the entire cost of carrying out 

8 a contract under this subsection/activities described 

9 in paragraph (2). 

10 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 

11 Funds made available under paragraph (1)(C) shall 

12 be made available to the Secretary before allocating 

13 the funds appropriated to carry out any project 

14 under a full funding grant agreement. 

15 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

16 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

17 FUND.—A grant or contract that is approved by the 

18 Secretary and financed with amounts made available 

19 from the Mass Transit Account of the Highway 

20 Trust Fund pursuant to this section is a contractual 

21 obligation of the Government to pay the Government 

22 share of the cost of the project. 

23 ‘‘(2) GRANTS FINANCED FROM GENERAL

24 FUND.—A grant or contract that is approved by the 

25 Secretary and financed with amounts from future 


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1 appropriations from the general fund of the Treas2 ury pursuant to this section is a contractual obliga3 tion of the Government to pay the Government share 

4 of the cost of the project only to the extent that 

5 amounts are appropriated for such purpose by an 

6 Act of Congress. 

7 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 

8 available by or appropriated under this section shall re9 main available until expended. 

10 ‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE FOR

11 STATE-OWNED ENTERPRISES.— 

12 ‘‘(1) IN GENERAL.—Funds provided under this 

13 section may not be used in awarding a contract, sub14 contract, grant, or loan to an entity that is owned 

15 or controlled by, is a subsidiary of, or is otherwise 

16 related legally or financially to a corporation based 

17 in a country that— 

18 ‘‘(A) is identified as a nonmarket economy 

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

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

21 the date of enactment of the INVEST in Amer22 ica Act; 

23 ‘‘(B) was identified by the United States 

24 Trade Representative in the most recent report 

25 required by section 182 of the Trade Act of 


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1 1974 (19 U.S.C. 2242) as a priority foreign 

2 country under subsection (a)(2) of that section; 

3 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 

8 (1), 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 (b) CONFORMING AMENDMENTS.— 

16 (1) Section 5311 of title 49, United States 

17 Code, is amended by striking ‘‘5338(a)(2)(F)’’ and 

18 inserting ‘‘5338(a)(2)(E)’’. 

19 (2) Section 5312(i)(1) of title 49, United States 

20 Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ 

21 and inserting ‘‘5338(a)(2)(F)(iii)’’. 

22 (3) Section 5333(b) of title 49, United States 

23 Code, is amended by striking ‘‘5328, 5337, and 

24 5338(b)’’ each place it appears and inserting ‘‘and 

25 5337’’. 


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1 (4) Section 5336 of title 49, United States 

2 Code, is amended— 

3 (A) in subsection (d)(1) by striking 

4 ‘‘5338(a)(2)(C)’’ and inserting 

5 ‘‘5338(a)(2)(B)’’; and 

6 (B) in subsection (h) by striking 

7 ‘‘5338(a)(2)(C)’’ and inserting 

8 ‘‘5338(a)(2)(B)’’. 

9 (5) Subsections (c) and (d)(1) of section 5327 

10 of title 49, United States Code, are amended by 

11 striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 

12 (6) Section 5340(b) of title 49, United States 

13 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and 

14 inserting ‘‘5338(a)(2)(O)’’. 

15 SEC. 2102. CHAPTER 53 DEFINITIONS. 

16 Section 5302 of title 49, United States Code, is 

17 amended— 

18 (1) in paragraph (1)(E)— 

19 (A) by striking ‘‘and the installation’’ and 

20 inserting ‘‘, the installation’’; and 

21 (B) by inserting ‘‘, charging stations and 

22 docks for electric micromobility devices, and 

23 bikeshare projects’’ after ‘‘public transportation 

24 vehicles’’; 

25 (2) in paragraph (3)— 


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1 (A) in subparagraph (G) by striking clause 

2 (iii) and inserting the following: 

3 ‘‘(iii) provides a fair share of revenue 

4 established by the Secretary that will be 

5 used for public transportation, except for a 

6 joint development that is a community 

7 service (as defined by the Federal Transit 

8 Administration), publicly operated facility, 

9 or offers a minimum of 50 percent of units 

10 as affordable housing, meaning legally 

11 binding affordability restricted housing 

12 units available to tenants with incomes 

13 below 60 percent of the area median in14 come or owners with incomes below the 

15 area median;’’; and 

16 (B) in subparagraph (N)— 

17 (i) by striking ‘‘no emission’’ and in18 serting ‘‘zero emission’’; and 

19 (ii) by striking ‘‘(as defined in section 

20 5339(c))’’; and 

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

22 ‘‘(25) RESILIENCE.— 

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

24 means, with respect to a facility, the ability 

25 to— 


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

2 to conditions; or 

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

4 rapidly from disruptions. 

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

6 with respect to a facility, the ability to— 

7 ‘‘(i) resist hazards or withstand im8 pacts from disruptions; 

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

10 or impact of a disruption; or 

11 ‘‘(iii) have the absorptive capacity, 

12 adaptive capacity, and recoverability to de13 crease vulnerability to a disruption. 

14 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 

15 term ‘assault on a transit worker’ means any cir16 cumstance in which an individual knowingly, without 

17 lawful authority or permission, and with intent to 

18 endanger the safety of any individual, or with a 

19 reckless disregard for the safety of human life, inter20 feres with, disables, or incapacitates any transit 

21 worker while the transit worker is performing his or 

22 her duties.’’. 

23 SEC. 2103. GENERAL PROVISIONS. 

24 Section 5323 of title 49, United States Code, is 

25 amended— 


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1 (1) in subsection (d)— 

2 (A) in paragraph (1) by striking ‘‘urban 

3 area’’ and inserting ‘‘urbanized area’’; 

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

5 ‘‘(3) EXCEPTIONS.—This subsection shall not 

6 apply to financial assistance under this chapter— 

7 ‘‘(A) in which the non-Federal share of 

8 project costs are provided from amounts re9 ceived under a service agreement with a State 

10 or local social service agency or private social 

11 service organization pursuant to section 

12 5307(d)(3)(E) or section 5311(g)(3)(C); 

13 ‘‘(B) provided to a recipient or sub14 recipient whose sole receipt of such assistance 

15 derives from section 5310; or 

16 ‘‘(C) provided to a recipient operating a 

17 fixed route service that is— 

18 ‘‘(i) for a period of less than 30 days; 

19 ‘‘(ii) accessible to the public; 

20 ‘‘(iii) contracted by a local govern21 ment entity that provides local cost share 

22 to the recipient; and 

23 ‘‘(iv) not contracted for the purposes 

24 of a convention or on behalf of a conven25 tion and visitors bureau. 


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1 ‘‘(4) GUIDELINES.—The Secretary shall publish 

2 guidelines for grant recipients and private bus oper3 ators that clarify when and how a transit agency 

4 may provide the service in the event a registered 

5 charter provider does not contact the customer, pro6 vide a quote, or provide the service.’’; 

7 (2) in subsection (h)— 

8 (A) in paragraph (1) by adding ‘‘or’’ at the 

9 end; and 

10 (B) by striking paragraph (2) and redesig11 nating paragraph (3) as paragraph (2); 

12 (3) by striking subsection (j) and inserting the 

13 following: 

14 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

16 that an individual who believes that he or she, or a 

17 specific class in which the individual belongs, has 

18 been subjected to discrimination on the basis of dis19 ability by a State or local governmental entity, pri20 vate nonprofit organization, or Tribe that operates a 

21 public transportation service and is a recipient or 

22 subrecipient of funds under this chapter, may, by 

23 the individual or by an authorized representative, file 

24 a complaint with the Department of Transportation. 


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1 ‘‘(2) PROCEDURES.—Not later than 1 year 

2 after the date of enactment of the INVEST in 

3 America Act, the Secretary shall implement proce4 dures that allow an individual to submit a complaint 

5 described in paragraph (1) by phone, mail-in form, 

6 and online through the website of the Office of Civil 

7 Rights of the Federal Transit Administration. 

8 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL9 ITIES.—Not later than 12 months after the date of 

10 enactment of the INVEST in America Act, the Sec11 retary shall require that each public transit provider 

12 and contractor providing paratransit services shall 

13 include on a publicly available website of the service 

14 provider, any related mobile device application, and 

15 online service— 

16 ‘‘(A) notice that an individual can file a 

17 disability-related complaint with the local tran18 sit agency and the process and any timelines for 

19 filing such a complaint; 

20 ‘‘(B) the telephone number, or a com21 parable electronic means of communication, for 

22 the disability assistance hotline of the Office of 

23 Civil Rights of the Federal Transit Administra24 tion; 


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1 ‘‘(C) notice that a consumer can file a dis2 ability related complaint with the Office of Civil 

3 Rights of the Federal Transit Administration; 

4 and 

5 ‘‘(D) an active link to the website of the 

6 Office of Civil Rights of the Federal Transit 

7 Administration for an individual to file a dis8 ability-related complaint. 

9 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not 

10 later than 60 days after the last day of each fiscal 

11 year, the Secretary shall publish a report that lists 

12 the disposition of complaints described in paragraph 

13 (1), including— 

14 ‘‘(A) the number and type of complaints 

15 filed with Department of Transportation; 

16 ‘‘(B) the number of complaints inves17 tigated by the Department; 

18 ‘‘(C) the result of the complaints that were 

19 investigated by the Department including 

20 whether the complaint was resolved— 

21 ‘‘(i) informally; 

22 ‘‘(ii) by issuing a violation through a 

23 noncompliance Letter of Findings; or 

24 ‘‘(iii) by other means, which shall be 

25 described; and 


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1 ‘‘(D) if a violation was issued for a com2 plaint, whether the Department resolved the 

3 noncompliance by— 

4 ‘‘(i) reaching a voluntary compliance 

5 agreement with the entity; 

6 ‘‘(ii) referring the matter to the Attor7 ney General; or 

8 ‘‘(iii) by other means, which shall be 

9 described. 

10 ‘‘(5) REPORT.—The Secretary shall, upon im11 plementation of this section and annually thereafter, 

12 submit to the Committee on Transportation and In13 frastructure of the House of Representatives, the 

14 Committee on Banking, Housing, and Urban Affairs 

15 of the Senate, and make publicly available a report 

16 containing the information collected under this sec17 tion.’’; 

18 (4) by striking subsection (m) and inserting the 

19 following: 

20 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

21 ROLLING STOCK PURCHASES.—The Secretary shall pre22 scribe regulations requiring a preaward and postdelivery 

23 review of a grant under this chapter to buy rolling stock 

24 to ensure compliance with bid specifications requirements 

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1 section, grantee inspections and review are required, and 

2 a manufacturer certification is not sufficient.’’; and 

3 (5) by amending subsection (r) to read as fol4 lows: 

5 ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR6 TATION FACILITIES.— 

7 ‘‘(1) IN GENERAL.—A recipient of assistance 

8 under this chapter— 

9 ‘‘(A) may not deny reasonable access for a 

10 private intercity or charter transportation oper11 ator to federally funded public transportation 

12 facilities, including intermodal facilities, park 

13 and ride lots, and bus-only highway lanes; and 

14 ‘‘(B) shall respond to any request for rea15 sonable access within 75 days of the receipt of 

16 the request and, if a recipient of assistance 

17 under this chapter denies access to a private 

18 intercity or charter transportation operator 

19 based on the reasonable access standards, pro20 vide, in writing, the reasons for the denial. 

21 ‘‘(2) DETERMINING REASONABLE ACCESS.—In 

22 determining reasonable access under paragraph 

23 (1)(A), capacity requirements of the recipient of as24 sistance and the extent to which access would be 

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1 tation services must be considered and demographic 

2 makeup of the riders of a private intercity or charter 

3 transportation operator may not be cited as a det4 riment to the provision of access. 

5 ‘‘(3) NOTIFICATION.—If a private intercity or 

6 charter transportation operator requesting access 

7 under this subsection is denied such access by a re8 cipient of assistance under this chapter or does not 

9 receive a written response within 75 days of submit10 ting the request, such operator may notify the Sec11 retary for purposes of inclusion in the report under 

12 paragraph (4). 

13 ‘‘(4) REPORT TO CONGRESS.—The Secretary 

14 shall annually submit to the Committee on Trans15 portation and Infrastructure of the House of Rep16 resentatives and the Committee on Banking, Hous17 ing, and Urban Affairs of the Senate a report listing 

18 each instance reported under paragraph (3) in 

19 which— 

20 ‘‘(A) a private intercity or charter trans21 portation operator requested reasonable access 

22 and was denied, and the reasons provided by 

23 the recipient of assistance under this chapter 

24 for the denial; and 


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1 ‘‘(B) a recipient of assistance under this 

2 chapter did not respond to a request for reason3 able access within 75 days.’’. 

4 SEC. 2104. MISCELLANEOUS PROVISIONS. 

5 (a) STATE OF GOOD REPAIR GRANTS.—Section 

6 5337(e) of title 49, United States Code, is amended by 

7 adding at the end the following: 

8 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding 

9 paragraph (1), the Federal share of the net project 

10 cost of a project to provide accessibility improve11 ments consistent with standards in compliance with 

12 the Americans with Disabilities Act of 1990 (42 

13 U.S.C. 12101 et seq.) shall be 90 percent.’’. 

14 (b) APPORTIONMENTS BASED ON GROWING STATES

15 AND HIGH DENSITY STATES FORMULA FACTORS.—Sec16 tion 5340(a) of title 49, United States Code, is amended 

17 by inserting ‘‘and the District of Columbia’’ after ‘‘United 

18 States’’. 

19 (c) TECHNICAL ASSISTANCE AND WORKFORCE DE20 VELOPMENT.—Section 5314 of title 49, United States 

21 Code, is amended— 

22 (1) in subsection (a)(1)(B)— 

23 (A) in clause (i) by striking ‘‘; and’’ and 

24 inserting a semicolon; 


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1 (B) in clause (ii) by striking the period 

2 and inserting ‘‘; and’’; and 

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

4 ‘‘(iii) technical assistance to assist re5 cipients with the impacts of a new census 

6 count.’’; 

7 (2) in subsection (b)(1)(B) by striking ‘‘fe8 males’’ and inserting ‘‘women’’; and 

9 (3) in subsection (c)(4)(A) by inserting ‘‘, and 

10 not more than 2 percent of amounts under 5311’’ 

11 after ‘‘5339’’. 

12 (d) NATIONAL TRANSIT DATABASE.—Section 5335 

13 of title 49, United States Code, is amended— 

14 (1) in subsection (a) by inserting ‘‘, including 

15 information on transit routes and ridership on those 

16 routes’’ after ‘‘public sector investment decision’’; 

17 and 

18 (2) in subsection (c) by inserting ‘‘, any data on 

19 each assault on a transit worker, and pedestrian in20 juries and fatalities as a result of an impact with a 

21 bus. Each of the data sets shall be publicly reported 

22 without aggregating the data with other safety data’’ 

23 after ‘‘by the recipient’’. 

24 (e) URBANIZED AREA FORMULA GRANTS.—Section 

25 5307 of title 49, United States Code, is amended— 


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1 (1) in subsection (a)(2)(A)— 

2 (A) in clause (i) by striking ‘‘or’’ at the 

3 end; and 

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

5 ‘‘(iii) operate a minimum of 101 buses 

6 and a maximum of 125 buses in fixed 

7 route service or demand response service, 

8 excluding ADA complementary paratransit 

9 service, during peak service hours, in an 

10 amount not to exceed 25 percent of the 

11 share of the apportionment which is attrib12 utable to such systems within the urban13 ized area, as measured by vehicle revenue 

14 hours; or’’; 

15 (2) in subsection (a)(2)(B)— 

16 (A) in clause (i) by striking ‘‘or’’ at the 

17 end; 

18 (B) in clause (ii) by striking the period at 

19 the end and inserting ‘‘; or’’; and 

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

21 ‘‘(iii) operate a minimum of 101 buses 

22 and a maximum of 125 buses in fixed 

23 route service or demand response service, 

24 excluding ADA complementary paratransit 

25 service, during peak service hours, in an 


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1 amount not to exceed 25 percent of the 

2 share of the apportionment allocated to 

3 such systems within the urbanized area, as 

4 determined by the local planning process 

5 and included in the designated recipient’s 

6 final program of projects prepared under 

7 subsection (b).’’; and 

8 (3) in subsection (b)— 

9 (A) in paragraph (6) by striking ‘‘and’’ at 

10 the end; 

11 (B) by redesignating paragraph (7) as 

12 paragraph (8); and 

13 (C) by inserting after paragraph (6) the 

14 following: 

15 ‘‘(7) ensure that the proposed program of 

16 projects provides improved access to transit for the 

17 individuals described in section 5336(j); and’’. 

18 (f) TECHNICAL CORRECTION.—Section 

19 5307(a)(2)(B)(ii) of title 49, United States Code, is 

20 amended by striking ‘‘service during peak’’ and inserting 

21 ‘‘service, during peak’’. 

22 (g) TRANSPORTATION DEVELOPMENT CREDITS AS

23 LOCAL MATCH.— 

24 (1) SECTION 5307.—Section 5307(d)(3) of title 

25 49, United States Code, is amended— 


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1 (A) in subparagraph (D) by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (B) in subparagraph (E) by striking the 

4 period and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(F) transportation development credits.’’. 

7 (2) SECTION 5309.—Section 5309 of title 49, 

8 United States Code, is amended— 

9 (A) in subsection (f) by adding at the end 

10 the following: 

11 ‘‘(3) TRANSPORTATION DEVELOPMENT CRED12 ITS.—For purposes of assessments and determina13 tions under this subsection or subsection (h), trans14 portation development credits that are included as a 

15 source of local financing or match shall be treated 

16 the same as other sources of local financing.’’; and 

17 (B) in subsection (l)(4)— 

18 (i) in subparagraph (B) by striking ‘‘; 

19 or’’ and inserting a semicolon; 

20 (ii) in subparagraph (C) by striking 

21 the period and inserting a semicolon; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(D) transportation development credits; 

25 or’’. 


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1 (3) SECTION 5339.—Section 5339(a)(7)(B) of 

2 title 49, United States Code, is amended— 

3 (A) in clause (iv) by striking ‘‘; or’’ and in4 serting a semicolon; 

5 (B) in clause (v) by striking the period and 

6 inserting ‘‘; or’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(vi) transportation development cred9 its.’’. 

10 (h) CLARIFICATION OF INCIDENTAL USE.—Section 

11 5310(b)(7) of title 49, United States Code, is amended— 

12 (1) in the header by inserting ‘‘AND INCI13 DENTAL USE’’ after ‘‘INDIVIDUALS’’; 

14 (2) by inserting ‘‘or providing other incidental 

15 services’’ after ‘‘individuals’’; and 

16 (3) by striking ‘‘delivery service does not con17 flict’’ and inserting ‘‘service does not conflict’’. 

18 SEC. 2105. POLICIES AND PURPOSES. 

19 Section 5301(b) of title 49, United States Code, is 

20 amended— 

21 (1) in paragraph (7) by striking ‘‘; and’’ and in22 serting a semicolon; 

23 (2) in paragraph (8) by striking the period and 

24 inserting a semicolon; and 

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


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1 ‘‘(9) reduce the contributions of the surface 

2 transportation system to the total carbon pollution 

3 of the United States; and 

4 ‘‘(10) improve the resiliency of the public trans5 portation network to withstand weather events and 

6 other natural disasters.’’. 

7 SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS. 

8 For fiscal years 2022 and 2023, the Secretary of 

9 Transportation shall apportion and distribute formula 

10 funds provided for under chapter 53 of title 49, United 

11 States Code, using data submitted to the 2019 National 

12 Transit Database. 

13 SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 

14 Section 5303 of title 49, United States Code, is fur15 ther amended— 

16 (1) by amending subsection (a)(1) to read as 

17 follows: 

18 ‘‘(1) to encourage and promote the safe and ef19 ficient management, operation, and development of 

20 surface transportation systems that will serve the 

21 mobility needs of people and freight, foster economic 

22 growth and development within and between States 

23 and urbanized areas, and take into consideration re24 siliency and climate change adaptation needs while 

25 reducing transportation-related fuel consumption, air 


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1 pollution, and greenhouse gas emissions through 

2 metropolitan and statewide transportation planning 

3 processes identified in this chapter; and’’. 

4 (2) in subsection (b)— 

5 (A) by redesignating paragraphs (6) and 

6 (7) as paragraphs (7) and (8), respectively; and 

7 (B) by inserting after paragraph (5) the 

8 following: 

9 ‘‘(6) STIP.—The term ‘STIP’ means a state10 wide transportation improvement program developed 

11 by a State under section 135(g).’’; 

12 (3) in subsection (c)— 

13 (A) in paragraph (1) by striking ‘‘and 

14 transportation improvement programs’’ and in15 serting ‘‘and TIPs’’; and 

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

17 ‘‘(4) CONSIDERATION.—In developing the plans 

18 and TIPs, metropolitan planning organizations shall 

19 consider direct and indirect emissions of greenhouse 

20 gases.’’; 

21 (4) in subsection (d)— 

22 (A) in paragraph (2) by striking ‘‘Not 

23 later than 2 years after the date of enactment 

24 of the Federal Public Transportation Act of 

25 2012, each’’ and inserting ‘‘Each’’; 


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1 (B) in paragraph (3) by adding at the end 

2 the following: 

3 ‘‘(D) EQUITABLE AND PROPORTIONAL

4 REPRESENTATION.— 

5 ‘‘(i) IN GENERAL.—In designating of6 ficials or representatives under paragraph 

7 (2), the metropolitan planning organization 

8 shall ensure the equitable and proportional 

9 representation of the population of the 

10 metropolitan planning area. 

11 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

12 this paragraph shall require a metropolitan 

13 planning organization in existence on the 

14 date of enactment of this subparagraph to 

15 be restructured. 

16 ‘‘(iii) REDESIGNATION.—Notwith17 standing clause (ii), the requirements of 

18 this paragraph shall apply to any metro19 politan planning organization redesignated 

20 under paragraph (6).’’; 

21 (C) in paragraph (6)(B) by striking ‘‘para22 graph (2)’’ and inserting ‘‘paragraphs (2) or 

23 (3)(D)’’; and 

24 (D) in paragraph (7)— 


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1 (i) by striking ‘‘an existing metropoli2 tan planning area’’ and inserting ‘‘an ur3 banized area’’; and 

4 (ii) by striking ‘‘the existing metro5 politan planning area’’ and inserting ‘‘the 

6 area’’; 

7 (5) in subsection (g)— 

8 (A) in paragraph (1) by striking ‘‘a metro9 politan area’’ and inserting ‘‘an urbanized 

10 area’’; 

11 (B) in paragraph (2) by striking ‘‘MPOS’’ 

12 and inserting ‘‘METROPOLITAN PLANNING

13 AREAS’’ 

14 (C) in paragraph (3)(A) by inserting 

15 ‘‘emergency response and evacuation, climate 

16 change adaptation and resilience,’’ after ‘‘dis17 aster risk reduction,’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(4) COORDINATION BETWEEN MPOS.— 

20 ‘‘(A) IN GENERAL.—If more than one met21 ropolitan planning organization is designated 

22 within an urbanized area under subsection 

23 (d)(7), the metropolitan planning organizations 

24 designated within the area shall ensure, to the 

25 maximum extent practicable, the consistency of 


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1 any data used in the planning process, includ2 ing information used in forecasting transpor3 tation demand. 

4 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

5 paragraph requires metropolitan planning orga6 nizations designated within a single urbanized 

7 area to jointly develop planning documents, in8 cluding a unified long-range transportation plan 

9 or unified TIP.’’; 

10 (6) in subsection (h)(1)— 

11 (A) by striking subparagraph (E) and in12 serting the following: 

13 ‘‘(E) protect and enhance the environment, 

14 promote energy conservation, reduce greenhouse 

15 gas emissions, improve the quality of life and 

16 public health, and promote consistency between 

17 transportation improvements and State and 

18 local planned growth and economic development 

19 patterns, including housing and land use pat20 terns;’’; 

21 (B) in subparagraph (H) by striking 

22 ‘‘and’’ at the end; 

23 (C) in subparagraph (I) by striking the pe24 riod at the end and inserting ‘‘and reduce or 

25 mitigate stormwater, sea level rise, extreme 


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1 weather, and climate change impacts of surface 

2 transportation;’’; and 

3 (D) by inserting after subparagraph (I) the 

4 following: 

5 ‘‘(J) support emergency management, re6 sponse, and evacuation and hazard mitigation; 

7 ‘‘(K) improve the level of transportation 

8 system access; and 

9 ‘‘(L) support inclusive zoning policies and 

10 land use planning practices that incentivize af11 fordable, elastic, and diverse housing supply, fa12 cilitate long-term economic growth by improving 

13 the accessibility of housing to jobs, and prevent 

14 high housing costs from displacing economically 

15 disadvantaged households.’’; 

16 (7) in subsection (h)(2) by striking subpara17 graph (A) and inserting the following: 

18 ‘‘(A) IN GENERAL.—Through the use of a 

19 performance-based approach, transportation in20 vestment decisions made as a part of the metro21 politan transportation planning process shall 

22 support the national goals described in section 

23 150(b), the achievement of metropolitan and 

24 statewide targets established under section 

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1 tem access (consistent with section 150(f)), and 

2 the general purposes described in section 5301 

3 of title 49.’’; 

4 (8) in subsection (i)— 

5 (A) in paragraph (2)(D)(i) by inserting 

6 ‘‘reduce greenhouse gas emissions and’’ before 

7 ‘‘restore and maintain’’; 

8 (B) in paragraph (2)(G) by inserting ‘‘and 

9 climate change’’ after ‘‘infrastructure to natural 

10 disasters’’; 

11 (C) in paragraph (2)(H) by inserting 

12 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 

13 (D) in paragraph (5)— 

14 (i) in subparagraph (A) by inserting 

15 ‘‘air quality, public health, housing, trans16 portation, resilience, hazard mitigation, 

17 emergency management,’’ after ‘‘conserva18 tion,’’; and 

19 (ii) by striking subparagraph (B) and 

20 inserting the following: 

21 ‘‘(B) ISSUES.—The consultation shall in22 volve, as appropriate, comparison of transpor23 tation plans to other relevant plans, including, 

24 if available— 


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1 ‘‘(i) State conservation plans or maps; 

2 and 

3 ‘‘(ii) inventories of natural or historic 

4 resources.’’; and 

5 (E) by amending paragraph (6)(C) to read 

6 as follows: 

7 ‘‘(C) METHODS.— 

8 ‘‘(i) IN GENERAL.—In carrying out 

9 subparagraph (A), the metropolitan plan10 ning organization shall, to the maximum 

11 extent practicable— 

12 ‘‘(I) hold any public meetings at 

13 convenient and accessible locations 

14 and times; 

15 ‘‘(II) employ visualization tech16 niques to describe plans; and 

17 ‘‘(III) make public information 

18 available in electronically accessible 

19 format and means, such as the inter20 net, as appropriate to afford reason21 able opportunity for consideration of 

22 public information under subpara23 graph (A). 

24 ‘‘(ii) ADDITIONAL METHODS.—In ad25 dition to the methods described in clause 


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1 (i), in carrying out subparagraph (A), the 

2 metropolitan planning organization shall, 

3 to the maximum extent practicable— 

4 ‘‘(I) use virtual public involve5 ment, social media, and other web6 based tools to encourage public par7 ticipation and solicit public feedback; 

8 and 

9 ‘‘(II) use other methods, as ap10 propriate, to further encourage public 

11 participation of historically underrep12 resented individuals in the transpor13 tation planning process.’’; 

14 (9) in subsection (j) by striking ‘‘transportation 

15 improvement program’’ and inserting ‘‘TIP’’ each 

16 place it appears; and 

17 (10) by striking ‘‘Federally’’ each place it ap18 pears and inserting ‘‘federally’’. 

19 SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS20 PORTATION PLANNING. 

21 Section 5304 of title 49, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 


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1 (A) in paragraph (1) by striking ‘‘state2 wide transportation improvement program’’ and 

3 inserting ‘‘STIP’’; 

4 (B) in paragraph (2)— 

5 (i) by striking ‘‘The statewide trans6 portation plan and the’’ and inserting the 

7 following: 

8 ‘‘(A) IN GENERAL.—The statewide trans9 portation plan and the’’; 

10 (ii) by striking ‘‘transportation im11 provement program’’ and inserting 

12 ‘‘STIP’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(B) CONSIDERATION.—In developing the 

16 statewide transportation plans and STIPs, 

17 States shall consider direct and indirect emis18 sions of greenhouse gases.’’; and 

19 (C) in paragraph (3) by striking ‘‘trans20 portation improvement program’’ and inserting 

21 ‘‘STIP’’; 

22 (2) in subsection (d)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (E)— 


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1 (I) by inserting ‘‘reduce green2 house gas emissions,’’ after ‘‘promote 

3 energy conservation,’’; 

4 (II) by inserting ‘‘and public 

5 health’’ after ‘‘improve the quality of 

6 life’’; and 

7 (III) by inserting ‘‘, including 

8 housing and land use patterns’’ after 

9 ‘‘economic development patterns’’; 

10 (ii) in subparagraph (H) by striking 

11 ‘‘and’’; 

12 (iii) in subparagraph (I) by striking 

13 the period at the end and inserting ‘‘and 

14 reduce or mitigate stormwater, sea level 

15 rise, extreme weather, and climate change 

16 impacts of surface transportation;’’; and 

17 (iv) by adding at the end the fol18 lowing: 

19 ‘‘(J) facilitate emergency management, re20 sponse, and evacuation and hazard mitigation; 

21 ‘‘(K) improve the level of transportation 

22 system access; and 

23 ‘‘(L) support inclusive zoning policies and 

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1 cilitate long-term economic growth by improving 

2 the accessibility of housing to jobs, and prevent 

3 high housing costs from displacing economically 

4 disadvantaged households.’’; 

5 (B) in paragraph (2)— 

6 (i) by striking subparagraph (A) and 

7 inserting the following: 

8 ‘‘(A) IN GENERAL.—Through the use of a 

9 performance-based approach, transportation in10 vestment decisions made as a part of the state11 wide transportation planning process shall sup12 port— 

13 ‘‘(i) the national goals described in 

14 section 150(b); 

15 ‘‘(ii) the consideration of transpor16 tation system access (consistent with sec17 tion 150(f)); 

18 ‘‘(iii) the achievement of statewide 

19 targets established under section 150(d); 

20 and 

21 ‘‘(iv) the general purposes described 

22 in section 5301 of title 49.’’; and 

23 (ii) in subparagraph (D) by striking 

24 ‘‘statewide transportation improvement 

25 program’’ and inserting ‘‘STIP’’; and 


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1 (C) in paragraph (3) by striking ‘‘state2 wide transportation improvement program’’ and 

3 inserting ‘‘STIP’’; 

4 (3) in subsection (e)(3) by striking ‘‘transpor5 tation improvement program’’ and inserting 

6 ‘‘STIP’’; 

7 (4) in subsection (f)— 

8 (A) in paragraph (2)(D)— 

9 (i) in clause (i) by inserting ‘‘air qual10 ity, public health, housing, transportation, 

11 resilience, hazard mitigation, emergency 

12 management,’’ after ‘‘conservation,’’; and 

13 (ii) by amending clause (ii) to read as 

14 follows: 

15 ‘‘(ii) COMPARISON AND CONSIDER16 ATION.—Consultation under clause (i) 

17 shall involve the comparison of transpor18 tation plans to other relevant plans and in19 ventories, including, if available— 

20 ‘‘(I) State and tribal conservation 

21 plans or maps; and 

22 ‘‘(II) inventories of natural or 

23 historic resources.’’; 

24 (B) in paragraph (3)(B)— 


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1 (i) by striking ‘‘In carrying out’’ and 

2 inserting the following: 

3 ‘‘(i) IN GENERAL.—in carrying out’’; 

4 (ii) by redesignating clauses (i) 

5 through (iv) as subclauses (I) through 

6 (IV), respectively; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(ii) ADDITIONAL METHODS.—In ad10 dition to the methods described in clause 

11 (i), in carrying out subparagraph (A), the 

12 State shall, to the maximum extent prac13 ticable— 

14 ‘‘(I) use virtual public involve15 ment, social media, and other web16 based tools to encourage public par17 ticipation and solicit public feedback; 

18 and 

19 ‘‘(II) use other methods, as ap20 propriate, to further encourage public 

21 participation of historically underrep22 resented individuals in the transpor23 tation planning process.’’; 


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1 (C) in paragraph (4)(A) by inserting ‘‘re2 duce greenhouse gas emissions and’’ after ‘‘po3 tential to’’; and 

4 (D) in paragraph (8) by inserting ‘‘includ5 ing consideration of the role that intercity buses 

6 may play in reducing congestion, pollution, 

7 greenhouse gas emissions, and energy consump8 tion in a cost-effective manner and strategies 

9 and investments that preserve and enhance 

10 intercity bus systems, including systems that 

11 are privately owned and operated’’ after ‘‘trans12 portation system’’; 

13 (5) in subsection (g)— 

14 (A) in paragraph (1)(A) by striking ‘‘state15 wide transportation improvement program’’ and 

16 inserting ‘‘STIP’’; 

17 (B) in paragraph (5)— 

18 (i) in subparagraph (A) by striking 

19 ‘‘transportation improvement program’’ 

20 and inserting ‘‘STIP’’; 

21 (ii) in subparagraph (B)(ii) by strik22 ing ‘‘metropolitan transportation improve23 ment program’’ and inserting ‘‘TIP’’; 

24 (iii) in subparagraph (C) by striking 

25 ‘‘transportation improvement program’’ 


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1 and inserting ‘‘STIP’’ each place it ap2 pears; 

3 (iv) in subparagraph (E) by striking 

4 ‘‘transportation improvement program’’ 

5 and inserting ‘‘STIP’’; 

6 (v) in subparagraph (F)(i) by striking 

7 ‘‘transportation improvement program’’ 

8 and inserting ‘‘STIP’’ each place it ap9 pears; 

10 (vi) in subparagraph (G)(ii) by strik11 ing ‘‘transportation improvement program’’ 

12 and inserting ‘‘STIP’’; and 

13 (vii) in subparagraph (H) by striking 

14 ‘‘transportation improvement program’’ 

15 and inserting ‘‘STIP’’; 

16 (C) in paragraph (6)— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘transportation 

19 improvement program’’ and inserting 

20 ‘‘STIP’’; and 

21 (II) by striking ‘‘and projects 

22 carried out under the bridge program 

23 or the Interstate maintenance pro24 gram under title 23’’; and 

25 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘or under the 

2 bridge program or the Interstate 

3 maintenance program’’; and 

4 (II) by striking ‘‘statewide trans5 portation improvement program’’ and 

6 inserting ‘‘STIP’’; 

7 (D) in paragraph (7)— 

8 (i) in the heading by striking ‘‘TRANS9 PORTATION IMPROVEMENT PROGRAM’’ and 

10 inserting ‘‘STIP’’; and 

11 (ii) by striking ‘‘transportation im12 provement program’’ and inserting 

13 ‘‘STIP’’; 

14 (E) in paragraph (8) by striking ‘‘state15 wide transportation plans and programs’’ and 

16 inserting ‘‘statewide transportation plans and 

17 STIPs’’; and 

18 (F) in paragraph (9) by striking ‘‘trans19 portation improvement program’’ and inserting 

20 ‘‘STIP’’; 

21 (6) in subsection (h)(2)(A) by striking ‘‘Not 

22 later than 5 years after the date of enactment of the 

23 Federal Public Transportation Act of 2012,’’ and in24 serting ‘‘Not less frequently than once every 4 

25 years,’’; 


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1 (7) in subsection (j) by striking ‘‘transportation 

2 improvement program’’ and inserting ‘‘STIP’’ each 

3 place it appears; and 

4 (8) in subsection (l) by striking ‘‘transportation 

5 improvement programs’’ and inserting ‘‘STIPs’’. 

6 SEC. 2109. OBLIGATION LIMITATION. 

7 Notwithstanding any other provision of law, the total 

8 of all obligations from amounts made available from the 

9 Mass Transit Account of the Highway Trust Fund by sub10 section (a) of section 5338 of title 49, United States Code, 

11 shall not exceed— 

12 (1) $17,894,460,367 for fiscal year 2023; 

13 (2) $18,201,940,770 for fiscal year 2024; 

14 (3) $18,551,676,708 for fiscal year 2025; and 

15 (4) $18,901,573,693 for fiscal year 2026. 

16 SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF 

17 FUNDS. 

18 Section 5324 of title 49, United States Code, is fur19 ther amended by adding at the end the following: 

20 ‘‘(g) IMPOSITION OF DEADLINE.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the Secretary may not require any 

23 project funded pursuant to this section to advance to 

24 the construction obligation stage before the date 


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1 that is the last day of the sixth fiscal year after the 

2 later of— 

3 ‘‘(A) the date on which the Governor de4 clared the emergency, as described in subsection 

5 (a)(2); or 

6 ‘‘(B) the date on which the President de7 clared a major disaster, as described in such 

8 subsection. 

9 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec10 retary imposes a deadline for advancement to the 

11 construction obligation stage pursuant to paragraph 

12 (1), the Secretary may, upon the request of the Gov13 ernor of the State, issue an extension of not more 

14 than 1 year to complete such advancement, and may 

15 issue additional extensions after the expiration of 

16 any extension, if the Secretary determines the Gov17 ernor of the State has provided suitable justification 

18 to warrant an extension.’’. 

19 SEC. 2111. CERTIFICATION REQUIREMENTS. 

20 The certification requirements described in section 

21 661.12 of title 49, Code of Federal Regulations, shall, 

22 after the date of enactment of this Act, include a certifi23 cation that buses or other rolling stock (including train 

24 control, communication and traction power equipment) 

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1 communications equipment or services, as such term is de2 fined by section 889 of the John S. McCain National De3 fense Authorization Act for Fiscal Year 2019 (Public Law 

4 115–232). 

5 SEC. 2112. HOLD HARMLESS. 

6 Notwithstanding any other provision of law, for fiscal 

7 years 2021 and 2022, the Secretary of Transportation 

8 shall allow project sponsors, at the request of such spon9 sor, to submit ridership and service data and projections 

10 collected before January 20, 2020 and projections based 

11 on that data to determine project eligibility under section 

12 5309 of title 49, United States Code. 

13 SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANS14 PORTATION. 

15 (a) REPORT.—Not later than 1 year after the date 

16 of enactment of this Act, the Secretary of Transportation 

17 shall submit to Congress a report that includes— 

18 (1) a description of the challenges faced by each 

19 of the populations described in subsection (b) when 

20 riding public transportation; and 

21 (2) recommendations to improve the accessi22 bility of federally-funded public transportation for 

23 the populations described in subsection (b). 

24 (b) COVERED POPULATIONS.—The populations de25 scribed in subsection (a) shall be— 


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1 (1) pregnant women; and 

2 (2) individuals living in areas of persistent pov3 erty, as such term is defined in section 172(l) of title 

4 23, United States Code, as added by this Act, and 

5 individuals that are unbanked or underbanked. 

6 Subtitle B—Improving Frequency 

7 and Ridership 

8 SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 

9 RIDERSHIP COMPETITIVE GRANTS. 

10 (a) IN GENERAL.—Chapter 53 of title 49, United 

11 States Code, is amended by inserting after section 5307 

12 the following new section: 

13 ‘‘§ 5308. Multi-jurisdictional bus frequency and rider14 ship competitive grants 

15 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

16 under this section, on a competitive basis, to eligible re17 cipients to increase the frequency of bus service and the 

18 ridership of public transit buses. 

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

20 under this section, an eligible recipient shall submit to the 

21 Secretary an application at such time, in such manner, 

22 and containing such information as the Secretary may re23 quire. 

24 ‘‘(c) APPLICATION TIMING.—Not later than 90 days 

25 after amounts are made available to carry out this section, 


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1 the Secretary shall solicit grant applications from eligible 

2 recipients for projects described in subsection (d). 

3 ‘‘(d) USES OF FUNDS.—An eligible recipient of a 

4 grant under this section shall use such grant for transpor5 tation capital projects that— 

6 ‘‘(1) increase— 

7 ‘‘(A) the frequency of bus service; 

8 ‘‘(B) bus ridership; and 

9 ‘‘(C) total person throughput; and 

10 ‘‘(2) are consistent with, and as described in, 

11 the design guidance issued by the National Associa12 tion of City Transportation Officials and titled 

13 ‘Transit Street Design Guide’. 

14 ‘‘(e) GRANT CRITERIA.—In making grants under this 

15 section, the Secretary shall consider the following: 

16 ‘‘(1) Each eligible recipient’s projected increase 

17 in bus frequency. 

18 ‘‘(2) Each eligible recipient’s projected increase 

19 in bus ridership. 

20 ‘‘(3) Each eligible recipient’s projected increase 

21 in total person throughput. 

22 ‘‘(4) The degree of regional collaboration de23 scribed in each eligible recipient’s application, in24 cluding collaboration with— 


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1 ‘‘(A) a local government entity that oper2 ates a public transportation service; 

3 ‘‘(B) local government agencies that con4 trol street design; 

5 ‘‘(C) metropolitan planning organizations 

6 (as such term is defined in section 5303); and 

7 ‘‘(D) State departments of transportation. 

8 ‘‘(f) GRANT TIMING.—The Secretary shall award 

9 grants under this section not later than 120 days after 

10 the date on which the Secretary completes the solicitation 

11 described in subsection (c). 

12 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car13 rying out the program under this section, the Secretary 

14 shall— 

15 ‘‘(1) not later than the date described in sub16 section (c), publish in the Federal Register a list of 

17 all metrics and evaluation procedures to be used in 

18 making grants under this section; and 

19 ‘‘(2) publish in the Federal Register— 

20 ‘‘(A) a summary of the final metrics and 

21 evaluations used in making grants under this 

22 section; and 

23 ‘‘(B) a list of the ratings of eligible recipi24 ents receiving a grant under this section based 

25 on such metrics and evaluations. 


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1 ‘‘(h) FEDERAL SHARE.— 

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

3 cost of a project carried out under this section shall 

4 not exceed 80 percent. 

5 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 

6 Secretary may make a grant for a project under this 

7 section in an amount up to 150 percent of the 

8 amount— 

9 ‘‘(A) provided for such project under title 

10 23; and 

11 ‘‘(B) provided for such project from non12 Federal funds budgeted for roadways. 

13 ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 

14 otherwise provided in this section, a grant under this sec15 tion shall be subject to the requirements of section 5307. 

16 ‘‘(j) AVAILABILITY OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—Amounts made available to 

18 carry out this section shall remain available for 4 

19 fiscal years after the fiscal year for which the 

20 amount was made available. 

21 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expi22 ration of the period described in paragraph (1) for 

23 an amount made available to carry out this section, 

24 any unobligated amounts made available to carry out 


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1 this section shall be added to the amounts made 

2 available for the following fiscal year. 

3 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the 

4 term ‘eligible recipient’ means a recipient of a grant under 

5 section 5307 in an urbanized area with a population great6 er than 500,000.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 53 of title 49, United States Code, is amended by in9 serting after the item relating to section 5307 the fol10 lowing new item: 

‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. 

11 SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR12 MULA. 

13 Section 5336 of title 49, United States Code, is 

14 amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (2)— 

17 (i) in subparagraph (A)— 

18 (I) in the matter preceding clause 

19 (i) by striking ‘‘95.61 percent’’ and 

20 inserting ‘‘95 percent’’; 

21 (II) in clause (i) by striking 

22 ‘‘95.61 percent’’ and inserting ‘‘95 

23 percent’’; and 


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1 (III) in clause (ii) by striking 

2 ‘‘95.61 percent’’ and inserting ‘‘95 

3 percent’’; and 

4 (ii) in subparagraph (B)— 

5 (I) in the matter preceding clause 

6 (i) by striking ‘‘4.39 percent’’ and in7 serting ‘‘5 percent’’; 

8 (II) in clause (i)— 

9 (aa) by inserting ‘‘in the 

10 highest 25 percent of routes by 

11 ridership’’ before ‘‘multiplied 

12 by’’; and 

13 (bb) by striking ‘‘vehicle 

14 passenger miles traveled for each 

15 dollar of operating cost in an 

16 area’’ and inserting ‘‘vehicles op17 erating in peak revenue service 

18 per hour in the highest 25 per19 cent of routes by ridership’’; and 

20 (III) in clause (ii)— 

21 (aa) by inserting ‘‘in the 

22 highest 25 percent of routes by 

23 ridership’’ before ‘‘multiplied 

24 by’’; and 


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1 (bb) by striking ‘‘vehicle 

2 passenger miles traveled for each 

3 dollar of operating cost in all 

4 areas’’ and inserting ‘‘vehicles 

5 operating in peak revenue service 

6 per hour in the highest 25 per7 cent of routes by ridership’’; and 

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

9 ‘‘(3) SPECIAL RULE.—For fiscal years 2023 

10 and 2024, the percentage— 

11 ‘‘(A) in paragraph (2)(A) in the matter 

12 preceding clause (i) shall be treated as 100 per13 cent; and 

14 ‘‘(B) in paragraph (2)(B) in the matter 

15 preceding clause (i) shall be treated as 0 per16 cent.’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (1) by striking ‘‘90.8 

19 percent’’ and inserting ‘‘90 percent’’ each place 

20 it appears; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘9.2 percent’’ and in23 serting ‘‘8 percent’’; 

24 (ii) by striking ‘‘200,000’’ and insert25 ing ‘‘500,000’’; 


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1 (iii) by striking subparagraph (A) and 

2 inserting the following: 

3 ‘‘(A) the number of bus passenger miles 

4 traveled on the highest 25 percent of routes by 

5 ridership multiplied by the number of buses op6 erating in peak revenue service per hour on the 

7 highest 25 percent of routes by ridership; di8 vided by’’; and 

9 (iv) by striking subparagraph (B) and 

10 inserting the following: 

11 ‘‘(B) the total number of bus passenger 

12 miles traveled on the highest 25 percent of 

13 routes by ridership multiplied by the total num14 ber of buses operating in peak revenue service 

15 per hour on the highest 25 percent of routes by 

16 ridership in all areas.’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(3) Two percent of the total amount appor19 tioned under this subsection shall be apportioned so 

20 that each urbanized area with a population of at 

21 least 200,000 and less than 500,000 is entitled to 

22 receive an amount using the formula in paragraph 

23 (1). 

24 ‘‘(4) For fiscal years 2023 and 2024, the per25 centage— 


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1 ‘‘(A) in paragraph (1) in the matter pre2 ceding subparagraph (A) shall be treated as 

3 100 percent; 

4 ‘‘(B) in paragraph (2) in the matter pre5 ceding subparagraph (A) shall be treated as 0 

6 percent; and 

7 ‘‘(C) in paragraph (3) shall be treated as 

8 0 percent.’’; and 

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

10 ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this 

11 section, the term ‘peak revenue service’ means the time 

12 period between the time in the morning that an agency 

13 first exceeds the number of midday vehicles in revenue 

14 service and the time in the evening that an agency falls 

15 below the number of midday vehicles in revenue service.’’. 

16 SEC. 2203. MOBILITY INNOVATION. 

17 (a) IN GENERAL.—Chapter 53 of title 49, United 

18 States Code, is amended by inserting after section 5315 

19 the following new section: 

20 ‘‘§ 5316. Mobility innovation 

21 ‘‘(a) IN GENERAL.—Amounts made available to a 

22 covered recipient to carry out sections 5307, 5310, and 

23 5311 may be used by such covered recipient under this 

24 section to assist in the financing of— 

25 ‘‘(1) mobility as a service; and 


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1 ‘‘(2) mobility on demand services. 

2 ‘‘(b) FEDERAL SHARE.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graphs (2) and (3), the Federal share of the net cost 

5 of a project carried out under this section shall not 

6 exceed 70 percent. 

7 ‘‘(2) INSOURCING INCENTIVE.—Notwith8 standing paragraph (1), the Federal share of the net 

9 cost of a project described in paragraph (1) shall, at 

10 the request of the project sponsor, be increased by 

11 up to 10 percent for mobility on demand service op12 erated exclusively by personnel employed by the re13 cipient. 

14 ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith15 standing paragraph (1), the Federal share of the net 

16 cost of a project described in paragraph (1) shall, at 

17 the request of the project sponsor, be increased by 

18 up to 10 percent if such project involves an eligible 

19 use that uses a vehicle that produces zero carbon di20 oxide or particulate matter. 

21 ‘‘(c) ELIGIBLE USES.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall publish 

23 guidance describing eligible activities that are dem24 onstrated to— 

25 ‘‘(A) increase transit ridership; 


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1 ‘‘(B) be complementary to fixed route tran2 sit service; 

3 ‘‘(C) demonstrate meaningful improve4 ments in— 

5 ‘‘(i) environmental metrics, including 

6 standards established pursuant to the 

7 Clean Air Act (42 U.S.C. 7401 et seq.) 

8 and greenhouse gas performance targets 

9 established pursuant to section 150(d) of 

10 title 23; 

11 ‘‘(ii) traffic congestion; 

12 ‘‘(iii) compliance with the require13 ments under the Americans with Disabil14 ities Act of 1990 (42 U.S.C. 12101 et 

15 seq.); 

16 ‘‘(iv) low-income service to increase 

17 access to employment, healthcare, and 

18 other essential services; 

19 ‘‘(v) service during times of the day 

20 when regular transit service is not oper21 ating, as long as regular transit service 

22 hours are not reduced; 

23 ‘‘(vi) new service that operates in 

24 areas of lower density that are unserved or 

25 underserved by regular transit service; 


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1 ‘‘(vii) rural service; and 

2 ‘‘(viii) improvement in paratransit 

3 service quality. 

4 ‘‘(D) FARE COLLECTION MODERNIZA5 TION.—In developing guidance referred to in 

6 this section, the Secretary shall ensure that— 

7 ‘‘(i) all costs associated with install8 ing, modernizing, and managing fare col9 lection, including touchless payment sys10 tems, shall be considered eligible expenses 

11 under this title and subject to the applica12 ble Federal share; and 

13 ‘‘(ii) such guidance includes guidance 

14 on how agencies shall provide unbanked 

15 and underbanked users with an oppor16 tunity to benefit from mobility as a service 

17 platforms. 

18 ‘‘(2) PROHIBITION ON USE OF FUNDS.— 

19 Amounts used by a covered recipient for projects eli20 gible under this section may not be used for— 

21 ‘‘(A) single passenger vehicle miles (in a 

22 passenger motor vehicle, as such term is de23 fined in section 32101, that carries less than 9 

24 passengers), unless the trip— 


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1 ‘‘(i) meets the definition of public 

2 transportation; and 

3 ‘‘(ii) begins or completes a fixed route 

4 public transportation trip; 

5 ‘‘(B) deadhead vehicle miles; or 

6 ‘‘(C) any service considered a taxi service 

7 that operates under an exemption from testing 

8 requirements under section 5331. 

9 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried 

10 out under this section shall be treated as if such project 

11 were carried out under the section from which the funds 

12 were provided to carry out such project, including the ap13 plication of any additional requirements provided for by 

14 law that apply to section 5307, 5310, or 5311, as applica15 ble. 

16 ‘‘(e) WAIVER.— 

17 ‘‘(1) INDIVIDUAL WAIVER.—Except as provided 

18 in paragraphs (2) and (3), the Secretary may waive 

19 any requirement applied to a project carried out 

20 under this section pursuant to subsection (d) if the 

21 Secretary determines that the project would— 

22 ‘‘(A) not undermine labor standards; 

23 ‘‘(B) increase employment opportunities of 

24 the recipient unless the Secretary determines 


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1 that such a waiver does not affect employment 

2 opportunities; and 

3 ‘‘(C) be consistent with the public interest. 

4 ‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 

5 Secretary may not waive any requirement under 

6 paragraph (1) for which a waiver is otherwise avail7 able. 

8 ‘‘(3) PROHIBITION OF WAIVER.—Notwith9 standing paragraph (1), the Secretary may not 

10 waive any requirement of— 

11 ‘‘(A) section 5333; 

12 ‘‘(B) section 5331; 

13 ‘‘(C) section 5302(14); and 

14 ‘‘(D) chapter 53 that establishes a max15 imum Federal share for operating costs. 

16 ‘‘(4) APPLICATION OF SECTION 5320.—Notwith17 standing paragraphs (1) and (2), the Secretary may 

18 only waive the requirements of section 5320 with re19 spect to— 

20 ‘‘(A) a passenger vehicle owned by an indi21 vidual; 

22 ‘‘(B) subsection (q) of such section for any 

23 passenger vehicle not owned by an individual 

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1 ment of this section and ending 3 years after 

2 such date; 

3 ‘‘(C) any shared micromobility device for 

4 the period beginning on the date of enactment 

5 of this section and ending on the date that is 

6 3 years after such date; and 

7 ‘‘(D) rolling stock that is part of a dedi8 cated fleet of vehicles for the provision of micro9 transit that is operated by, or exclusively on be10 half of, the covered recipient for the period be11 ginning on the date of enactment of this section 

12 and ending on the date that is 3 years after 

13 such date. 

14 ‘‘(5) LIMITATION.—A waiver issued under sub15 paragraphs (B), (C), or (D) of paragraph (4) may 

16 only be issued on an individual project basis at the 

17 request of the covered recipient and may not be re18 newed or extended beyond the initial 3-year period 

19 of the waiver. 

20 ‘‘(f) OPEN DATA STANDARDS.— 

21 ‘‘(1) IN GENERAL.—Not later than 90 days 

22 after the date of enactment of this section, the Sec23 retary shall initiate procedures under subchapter III 

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1 ard and an application programming interface nec2 essary to carry out this section. 

3 ‘‘(2) REGULATIONS.—The regulations required 

4 under paragraph (1) shall require public transpor5 tation agencies, mobility on demand providers, mo6 bility as a service technology providers, other non7 government actors, and local governments the effi8 cient means to transfer data to— 

9 ‘‘(A) foster the efficient use of transpor10 tation capacity; 

11 ‘‘(B) enhance the management of new 

12 modes of mobility; 

13 ‘‘(C) enable the use of innovative planning 

14 tools; 

15 ‘‘(D) enable single payment systems for all 

16 mobility on demand services; 

17 ‘‘(E) establish metropolitan planning orga18 nization, State, and local government access to 

19 anonymized data for transportation planning, 

20 real time operations data, and rules; 

21 ‘‘(F) prohibit the transfer of personally 

22 identifiable information; 

23 ‘‘(G) protect confidential business informa24 tion; 


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1 ‘‘(H) enhance cybersecurity protections; 

2 and 

3 ‘‘(I) allow data governance, including but 

4 not limited to licensing and terms of informa5 tion sharing, periodic risk assessments, policies 

6 regarding data retention and information han7 dling policies, and anonymization techniques. 

8 ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 

9 Any data received by an entity under this subsection 

10 may not be sold, leased, or otherwise used to gen11 erate profit, except for the direct provision of the re12 lated mobility on demand services and mobility as a 

13 service. 

14 ‘‘(4) COMMITTEE.—A negotiated rulemaking 

15 committee established pursuant to section 565 of 

16 title 5 to carry out this subsection shall have a max17 imum of 17 members limited to representatives of 

18 the Department of Transportation, State and local 

19 governments, metropolitan planning organizations, 

20 urban and rural covered recipients, associations that 

21 represent public transit agencies, representatives 

22 from at least 3 different organizations engaged in 

23 collective bargaining on behalf of transit workers in 

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1 viders, and mobility as a service technology pro2 viders. 

3 ‘‘(5) PUBLICATION OF PROPOSED REGULA4 TIONS.—Proposed regulations to implement this sec5 tion shall be published in the Federal Register by 

6 the Secretary not later than 18 months after such 

7 date of enactment. 

8 ‘‘(6) EXTENSION OF DEADLINES.—A deadline 

9 set forth in paragraph (4) may be extended up to 

10 180 days if the negotiated rulemaking committee re11 ferred to in paragraph (5) concludes that the com12 mittee cannot meet the deadline and the Secretary 

13 so notifies the Committee on Transportation and In14 frastructure of the House of Representatives and the 

15 Committee on Banking, Housing, and Urban Affairs 

16 of the Senate. 

17 ‘‘(g) APPLICATION OF RECIPIENT VEHICLE REV18 ENUE MILES.—With respect to vehicle revenue miles with 

19 one passenger of a covered recipient using amounts under 

20 this section, such miles— 

21 ‘‘(1) shall be included in the National Transit 

22 Database under section 5335; and 

23 ‘‘(2) shall be excluded from vehicle revenue 

24 miles data used in the calculation described in sec25 tion 5336. 


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1 ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub2 section (g) shall not apply to any eligible activities under 

3 this section if such activities are— 

4 ‘‘(1) being carried out in compliance with the 

5 Americans with Disabilities Act of 1990 (42 U.S.C. 

6 12101 et seq.); or 

7 ‘‘(2) projects eligible under section 5310 that 

8 exceed the requirements of the Americans with Dis9 abilities Act of 1990 (42 U.S.C. 12101 et seq.). 

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

11 ‘‘(1) COVERED RECIPIENT.—The term ‘covered 

12 recipient’ means a State or local government entity, 

13 private nonprofit organization, or Tribe that— 

14 ‘‘(A) operates a public transportation serv15 ice; and 

16 ‘‘(B) is a recipient or subrecipient of funds 

17 under section 5307, 5310, or 5311. 

18 ‘‘(2) DEADHEAD VEHICLE MILES.—The term 

19 ‘deadhead vehicle miles’ means the miles that a vehi20 cle travels when out of revenue service, including 

21 leaving or returning to the garage or yard facility, 

22 changing routes, when there is no expectation of car23 rying revenue passengers, and any miles traveled by 

24 a private operator without a passenger. 


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1 ‘‘(3) MOBILITY AS A SERVICE.—The term ‘mo2 bility as a service’ means services that constitute the 

3 integration of mobility on demand services and pub4 lic transportation that are available and accessible to 

5 all travelers, provide multimodal trip planning, and 

6 a unified payment system. 

7 ‘‘(4) MOBILITY ON DEMAND.—The term ‘mobil8 ity on demand’ means an on-demand transportation 

9 service shared among individuals, either concurrently 

10 or one after another.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 53 of title 49, United States Code, is amended by in13 serting after the item relating to section 5315 the fol14 lowing new item: 

‘‘5316. Mobility innovation.’’. 

15 (c) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall take effect on the date 

17 on which the Secretary of Transportation has finalized 

18 both— 

19 (1) the guidance required under section 5316(c) 

20 of title 49, United States Code; and 

21 (2) the regulations required under section 

22 5316(f) of title 49, United States Code. 

23 (d) SAVINGS CLAUSE.—Nothing in this section, or 

24 the amendments made by this section, shall prohibit the 

25 use of funds for an eligible activity or pilot project of a 


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1 covered recipient authorized under the law in effect on the 

2 day before the date of enactment of this Act before the 

3 effective date described in subsection (c). 

4 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 

5 Section 5311 of title 49, United States Code, is 

6 amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (2) by adding at the end 

9 the following: 

10 ‘‘(D) CENSUS DESIGNATION.—The Sec11 retary may approve a State program that allo12 cates not more than 5 percent of such State’s 

13 apportionment to assist rural areas that were 

14 redesignated as urban areas not more than 2 

15 fiscal years after the last census designation of 

16 urbanized area boundaries.’’; and 

17 (B) in paragraph (3) by striking ‘‘section 

18 5338(a)(2)(F)’’ and inserting ‘‘section 

19 5338(a)(2)(E)’’; 

20 (2) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A) by striking ‘‘section 

24 5338(a)(2)(F)’’ and inserting ‘‘section 

25 5338(a)(2)(E)’’; 


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1 (ii) in subparagraph (A) by striking 

2 ‘‘$5,000,000’’ and inserting 

3 ‘‘$10,000,000’’; and 

4 (iii) in subparagraph (B) by striking 

5 ‘‘$30,000,000’’ and inserting ‘‘the amount 

6 remaining under section 5338(a)(2)(E)(i) 

7 after the amount under subparagraph (A) 

8 is distributed’’; 

9 (B) in paragraph (2)(C) by striking ‘‘sec10 tion 5338(a)(2)(F)’’ and inserting ‘‘section 

11 5338(a)(2)(E)’’; and 

12 (C) in paragraph (3)— 

13 (i) in subparagraph (A) by striking 

14 ‘‘section 5338(a)(2)(F)’’ and inserting 

15 ‘‘section 5338(a)(2)(E)’’; and 

16 (ii) by striking subparagraphs (B) and 

17 (C) and inserting the following: 

18 ‘‘(B) LAND AREA.— 

19 ‘‘(i) IN GENERAL.—Subject to clause 

20 (ii), each State shall receive an amount 

21 that is equal to 15 percent of the amount 

22 apportioned under this paragraph, multi23 plied by the ratio of the land area in rural 

24 areas in that State and divided by the land 

25 area in all rural areas in the United 


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1 States, as shown by the most recent decen2 nial census of population. 

3 ‘‘(ii) MAXIMUM APPORTIONMENT.— 

4 No State shall receive more than 5 percent 

5 of the amount apportioned under clause 

6 (i). 

7 ‘‘(C) POPULATION.—Each State shall re8 ceive an amount equal to 50 percent of the 

9 amount apportioned under this paragraph, mul10 tiplied by the ratio of the population of rural 

11 areas in that State and divided by the popu12 lation of all rural areas in the United States, as 

13 shown by the most recent decennial census of 

14 population. 

15 ‘‘(D) VEHICLE REVENUE MILES.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), each State shall receive an amount 

18 that is equal to 25 percent of the amount 

19 apportioned under this paragraph, multi20 plied by the ratio of vehicle revenue miles 

21 in rural areas in that State and divided by 

22 the vehicle revenue miles in all rural areas 

23 in the United States, as determined by na24 tional transit database reporting. 


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1 ‘‘(ii) MAXIMUM APPORTIONMENT.— 

2 No State shall receive more than 5 percent 

3 of the amount apportioned under clause 

4 (i). 

5 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each 

6 State shall receive an amount that is equal to 

7 10 percent of the amount apportioned under 

8 this paragraph, multiplied by the ratio of low9 income individuals in rural areas in that State 

10 and divided by the number of low-income indi11 viduals in all rural areas in the United States, 

12 as shown by the Bureau of the Census.’’; 

13 (3) in subsection (f)— 

14 (A) in paragraph (1) by inserting ‘‘A State 

15 may expend funds to continue service into an16 other State to extend a route.’’ before ‘‘Eligible 

17 activities under’’; and 

18 (B) in paragraph (2) by inserting ‘‘and 

19 makes the certification and supporting docu20 ments publicly available’’ before the period at 

21 the end; and 

22 (4) in subsection (g) by adding at the end the 

23 following: 

24 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 


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1 ‘‘(A) APPLICABLE REGULATIONS.—For 

2 any funds provided by a department or agency 

3 of the Government under paragraph (3)(D) or 

4 by a service agreement under paragraph (3)(C), 

5 and such department or agency has regulations 

6 in place that provide for the valuation of volun7 teer hours as allowable in-kind contributions to8 ward the non-Federal share of project costs, 

9 such regulations shall be used to determine the 

10 allowable valuation of volunteer hours as an in11 kind contribution toward the non-Federal re12 mainder of net project costs for a transit 

13 project funded under this section. 

14 ‘‘(B) LIMITATIONS.—Subparagraph (A) 

15 shall not apply to the provision of fixed-route 

16 bus services funded under this section.’’. 

17 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 

18 Section 5310 of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 

21 ‘‘(1) IN GENERAL.—Not later than 6 months 

22 after the date of enactment of this subsection, the 

23 Secretary shall establish a one-stop paratransit com24 petitive grant program to encourage an extra stop in 

25 non-fixed route Americans with Disabilities Act of 


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1 1990 (42 U.S.C. 12101 et seq.) service for a para2 transit rider to complete essential tasks. 

3 ‘‘(2) PREFERENCE.—The Secretary shall give 

4 preference to eligible recipients that— 

5 ‘‘(A) have comparable data for the year 

6 prior to implementation of the grant program 

7 and made available to the Secretary, academic 

8 and nonprofit organizations for research pur9 poses; and 

10 ‘‘(B) plan to use agency personnel to im11 plement the pilot program. 

12 ‘‘(3) APPLICATION CRITERIA.—To be eligible to 

13 participate in the grant program, an eligible recipi14 ent shall submit to the Secretary an application con15 taining such information as the Secretary may re16 quire, including information on— 

17 ‘‘(A) locations the eligible entity intends to 

18 allow a stop at, if stops are limited, including— 

19 ‘‘(i) childcare or education facilities; 

20 ‘‘(ii) pharmacies; 

21 ‘‘(iii) grocery stores; and 

22 ‘‘(iv) bank or ATM locations; 

23 ‘‘(B) methodology for informing the public 

24 of the grant program; 


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1 ‘‘(C) vehicles, personnel, and other re2 sources that will be used to implement the 

3 grant program; 

4 ‘‘(D) if the applicant does not intend the 

5 grant program to apply to the full area under 

6 the jurisdiction of the applicant, a description 

7 of the geographic area in which the applicant 

8 intends the grant program to apply; and 

9 ‘‘(E) the anticipated amount of increased 

10 operating costs. 

11 ‘‘(4) SELECTION.—The Secretary shall seek to 

12 achieve diversity of participants in the grant pro13 gram by selecting a range of eligible entities that in14 cludes at least— 

15 ‘‘(A) 5 eligible recipients that serve an 

16 area with a population of 50,000 to 200,000; 

17 ‘‘(B) 10 eligible recipients that serve an 

18 area with a population of over 200,000; and 

19 ‘‘(C) 5 eligible recipients that provide 

20 transportation for rural communities. 

21 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re22 cipient in this subsection shall provide data as the 

23 Secretary requires, which may include— 

24 ‘‘(A) number of ADA paratransit trips 

25 conducted each year; 


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1 ‘‘(B) requested time of each paratransit 

2 trip; 

3 ‘‘(C) scheduled time of each paratransit 

4 trip; 

5 ‘‘(D) actual pickup time for each para6 transit trip; 

7 ‘‘(E) average length of a stop in the middle 

8 of a ride as allowed by this subsection; 

9 ‘‘(F) any complaints received by a para10 transit rider; 

11 ‘‘(G) rider satisfaction with paratransit 

12 services; and 

13 ‘‘(H) after the completion of the grant, an 

14 assessment by the eligible recipient of its capac15 ity to continue a one-stop program independ16 ently. 

17 ‘‘(6) REPORT.— 

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

19 make publicly available an annual report on the 

20 program carried out under this subsection for 

21 each fiscal year, not later than December 31 of 

22 the calendar year in which such fiscal year 

23 ends. 

24 ‘‘(B) CONTENTS.—The report required 

25 under subparagraph (A) shall include a detailed 


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1 description of the activities carried out under 

2 the program, and an evaluation of the program, 

3 including an evaluation of the data shared by 

4 eligible recipients under paragraph (5).’’. 

5 Subtitle C—Buy America and 

6 Other Procurement Reforms 

7 SEC. 2301. BUY AMERICA. 

8 (a) BUY AMERICA.— 

9 (1) IN GENERAL.—Chapter 53 of title 49, 

10 United States Code, is amended by inserting before 

11 section 5321 the following: 

12 ‘‘§ 5320. Buy America 

13 ‘‘(a) IN GENERAL.—The Secretary may obligate an 

14 amount that may be appropriated to carry out this chapter 

15 for a project only if the steel, iron, and manufactured 

16 goods used in the project are produced in the United 

17 States. 

18 ‘‘(b) WAIVER.—The Secretary may waive subsection 

19 (a) if the Secretary finds that— 

20 ‘‘(1) applying subsection (a) would be incon21 sistent with the public interest; 

22 ‘‘(2) the steel, iron, and goods produced in the 

23 United States are not produced in a sufficient and 

24 reasonably available amount or are not of a satisfac25 tory quality; 


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1 ‘‘(3) when procuring rolling stock (including 

2 train control, communication, traction power equip3 ment, and rolling stock prototypes) under this chap4 ter— 

5 ‘‘(A) the cost of components and sub6 components produced in the United States is 

7 more than 70 percent of the cost of all compo8 nents of the rolling stock; and 

9 ‘‘(B) final assembly of the rolling stock has 

10 occurred in the United States; or 

11 ‘‘(4) including domestic material will increase 

12 the cost of the overall project by more than 25 per13 cent. 

14 ‘‘(c) WRITTEN WAIVER DETERMINATION AND AN15 NUAL REPORT.— 

16 ‘‘(1) WAIVER PROCEDURE.—Not later than 120 

17 days after the submission of a request for a waiver, 

18 the Secretary shall make a determination under sub19 section (b)(1), (b)(2), or (b)(4) as to whether to 

20 waive subsection (a). 

21 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 

22 ‘‘(A) IN GENERAL.—Not later than 30 

23 days before making a determination regarding a 

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1 tunity for public comment on the request for 

2 such waiver. 

3 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

4 notification required under subparagraph (A) 

5 shall— 

6 ‘‘(i) describe whether the application 

7 is being made for a waiver described in 

8 subsection (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 Sec14 retary shall publish a detailed justification for such 

15 determination that addresses all public comments re16 ceived 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 Sec23 retary shall submit to the Committee on Banking, 

24 Housing, and Urban Affairs of the Senate and the 

25 Committee on Transportation and Infrastructure of 


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1 the House of Representatives a report listing any 

2 waiver issued under paragraph (1) during the pre3 ceding year. 

4 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 

5 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 

6 this section, highly skilled labor costs involved in 

7 final assembly shall be included as a separate com8 ponent in the cost of components and subcompo9 nents under subsection (b)(3)(A). 

10 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT

11 BONUS.—In this section, in calculating the domestic 

12 content of the rolling stock under subsection 

13 (b)(3)(A), the percent, rounded to the nearest whole 

14 number, of the domestic content in components of 

15 such rolling stock, weighted by cost, shall be used in 

16 calculating the domestic content of the rolling stock, 

17 except— 

18 ‘‘(A) with respect to components that ex19 ceed— 

20 ‘‘(i) 70 percent domestic content, the 

21 Secretary shall add 10 additional percent 

22 to the component’s domestic content when 

23 calculating the domestic content of the 

24 rolling stock; and 


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1 ‘‘(ii) 75 percent domestic content, the 

2 Secretary shall add 15 additional percent 

3 to the component’s domestic content when 

4 calculating the domestic content of the 

5 rolling stock; and 

6 ‘‘(B) in no case may a component exceed 

7 100 percent domestic content when calculating 

8 the domestic content of the rolling stock. 

9 ‘‘(3) ROLLING STOCK FRAMES OR CAR

10 SHELLS.— 

11 ‘‘(A) INCLUSION OF COSTS.—Subject to 

12 the substantiation requirement of subparagraph 

13 (B), in calculating the cost of the domestic con14 tent of the rolling stock under subsection 

15 (b)(3), in the case of a rolling stock procure16 ment receiving assistance under this chapter in 

17 which the average cost of a rolling stock vehicle 

18 in the procurement is more than $300,000, if 

19 rolling stock frames or car shells are not pro20 duced in the United States, the Secretary shall 

21 include in the calculation of the domestic con22 tent of the rolling stock the cost of the steel or 

23 iron that is produced in the United States and 

24 used in the rolling stock frames or car shells. 


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1 ‘‘(B) SUBSTANTIATION.—If a rolling stock 

2 vehicle manufacturer wishes to include in the 

3 calculation of the vehicle’s domestic content the 

4 cost of steel or iron produced in the United 

5 States and used in the rolling stock frames and 

6 car shells that are not produced in the United 

7 States, the manufacturer shall maintain and 

8 provide upon request a mill certification that 

9 substantiates the origin of the steel or iron. 

10 ‘‘(4) TREATMENT OF WAIVED COMPONENTS

11 AND SUBCOMPONENTS.—In this section, a compo12 nent or subcomponent waived under subsection (b) 

13 shall be excluded from any part of the calculation re14 quired under subsection (b)(3)(A). 

15 ‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT16 TERY CELL INCENTIVE.—The Secretary shall add 

17 2.5 percent to the total domestic content when calcu18 lating the domestic content of the rolling stock for 

19 any zero-emission vehicle that uses only battery cells 

20 for propulsion that are manufactured domestically. 

21 ‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 

22 ‘‘(A) IN GENERAL.—No labor costs in23 cluded in the cost of a component or subcompo24 nent by the manufacturer of rolling stock may 


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1 be treated as rolling stock assembly costs for 

2 purposes of calculating domestic content. 

3 ‘‘(B) VIOLATION.—A violation of this para4 graph shall be treated as a false claim under 

5 subchapter III of chapter 37 of title 31. 

6 ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR

7 COSTS.—In this subsection, the term ‘highly skilled 

8 labor costs’— 

9 ‘‘(A) means the apportioned value of direct 

10 wage compensation associated with final assem11 bly activities of workers directly employed by a 

12 rolling stock original equipment manufacturer 

13 and directly associated with the final assembly 

14 activities of a rolling stock vehicle that advance 

15 the value or improve the condition of the end 

16 product; 

17 ‘‘(B) does not include any temporary or in18 direct activities or those hired via a third-party 

19 contractor or subcontractor; 

20 ‘‘(C) are limited to metalworking, fabrica21 tion, welding, electrical, engineering, and other 

22 technical activities requiring training; 

23 ‘‘(D) are not otherwise associated with ac24 tivities required under section 661.11 of title 

25 49, Code of Federal Regulations; and 


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1 ‘‘(E) includes only activities performed in 

2 the United States and does not include that of 

3 foreign nationals providing assistance at a 

4 United States manufacturing facility. 

5 ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND

6 DISCLOSURE.— 

7 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 

8 the Secretary denies an application for a waiver 

9 under subsection (b)(2), the Secretary shall provide 

10 to the applicant a written certification that— 

11 ‘‘(A) the steel, iron, or manufactured 

12 goods, as applicable, (referred to in this para13 graph as the ‘item’) is produced in the United 

14 States in a sufficient and reasonably available 

15 amount; 

16 ‘‘(B) the item produced in the United 

17 States is of a satisfactory quality; and 

18 ‘‘(C) includes a list of known manufactur19 ers in the United States from which the item 

20 can be obtained. 

21 ‘‘(2) DISCLOSURE.—The Secretary shall dis22 close the waiver denial and the written certification 

23 to the public in the manner described in subsection 

24 (c). 


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1 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 

2 make a waiver under subsection (b) for goods produced 

3 in a foreign country if the Secretary, in consultation with 

4 the United States Trade Representative, decides that the 

5 government of that foreign country— 

6 ‘‘(1) has an agreement with the United States 

7 Government under which the Secretary has waived 

8 the requirement of this section; and 

9 ‘‘(2) has violated the agreement by discrimi10 nating against goods to which this section applies 

11 that are produced in the United States and to which 

12 the agreement applies. 

13 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRE14 SENTATION.—A person is ineligible under subpart 9.4 of 

15 the Federal Acquisition Regulation, or any successor 

16 thereto, to receive a contract or subcontract made with 

17 amounts authorized under title II of division B of the IN18 VEST in America Act if a court or department, agency, 

19 or instrumentality of the Government decides the person 

20 intentionally— 

21 ‘‘(1) affixed a ‘Made in America’ label, or a 

22 label with an inscription having the same meaning, 

23 to goods sold in or shipped to the United States that 

24 are used in a project to which this section applies 

25 but not produced in the United States; or 


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1 ‘‘(2) represented that goods described in para2 graph (1) were produced in the United States. 

3 ‘‘(h) STATE REQUIREMENTS.—The Secretary may 

4 not impose any limitation on assistance provided under 

5 this chapter that restricts a State from imposing more 

6 stringent requirements than this subsection on the use of 

7 articles, materials, and supplies mined, produced, or man8 ufactured in foreign countries in projects carried out with 

9 that assistance or restricts a recipient of that assistance 

10 from complying with those State-imposed requirements. 

11 ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT

12 ERROR.—The Secretary may allow a manufacturer or 

13 supplier of steel, iron, or manufactured goods to correct 

14 after bid opening any certification of noncompliance or 

15 failure to properly complete the certification (but not in16 cluding failure to sign the certification) under this sub17 section if such manufacturer or supplier attests under pen18 alty of perjury that such manufacturer or supplier sub19 mitted an incorrect certification as a result of an inad20 vertent or clerical error. The burden of establishing inad21 vertent or clerical error is on the manufacturer or supplier. 

22 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely 

23 affected by an agency action under this subsection shall 

24 have the right to seek review under section 702 of title 

25 5. 


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1 ‘‘(k) STEEL AND IRON.—For purposes of this section, 

2 steel and iron meeting the requirements of section 

3 661.5(b) of title 49, Code of Federal Regulations, may be 

4 considered produced in the United States. 

5 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For pur6 poses of determining whether a purchase qualifies for a 

7 general public interest waiver under subsection (b)(1), in8 cluding under any regulation promulgated under such sub9 section, the term ‘small purchase’ means a purchase of 

10 not more than $150,000. 

11 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

12 ROLLING STOCK PURCHASES.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall pre14 scribe regulations requiring a preaward and 

15 postdelivery certification of a rolling stock vehicle 

16 that meets the requirements of this section and Gov17 ernment motor vehicle safety requirements to be eli18 gible for a grant under this chapter. For compliance 

19 with this section— 

20 ‘‘(A) Federal inspections and review are 

21 required; 

22 ‘‘(B) a manufacturer certification is not 

23 sufficient; and 

24 ‘‘(C) a rolling stock vehicle that has been 

25 certified by the Secretary remains certified until 


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1 the manufacturer makes a material change to 

2 the vehicle, or adjusts the cost of all compo3 nents of the rolling stock, that reduces, by more 

4 than half, the percentage of domestic content 

5 above 70 percent. 

6 ‘‘(2) CERTIFICATION OF PERCENTAGE.— 

7 ‘‘(A) IN GENERAL.—The Secretary may, at 

8 the request of a component or subcomponent 

9 manufacturer, certify the percentage of domes10 tic content and place of manufacturing for a 

11 component or subcomponent. 

12 ‘‘(B) PERIOD OF CERTIFICATION.—Any 

13 component or subcomponent certified by the 

14 Secretary shall remain certified until the manu15 facturer makes a material change to the domes16 tic content or the place of manufacturing of 

17 such component or subcomponent. 

18 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car19 rying out this subsection, the Secretary shall apply 

20 the provisions of section 552 of title 5, including 

21 subsection (b)(4) of such section. 

22 ‘‘(4) NONCOMPLIANCE.—The Secretary shall 

23 prohibit recipients from procuring rolling stock, com24 ponents, or subcomponents from a supplier that inVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 tentionally provides false information to comply with 

2 this subsection. 

3 ‘‘(n) SCOPE.—The requirements of this section apply 

4 to all contracts for a public transportation project carried 

5 out within the scope of the applicable finding, determina6 tion, or decision under the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 

8 funding source of such contracts, if at least one contract 

9 for the public transportation project is funded with 

10 amounts made available to carry out this chapter. 

11 ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary 

12 shall ensure that all Federal funds for new commuter rail 

13 projects shall comply with this section and shall not be 

14 subject to section 22905(a). 

15 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, 

16 AND ABUSE.— 

17 ‘‘(1) IN GENERAL.—The Inspector General of 

18 the Department of Transportation shall conduct an 

19 annual audit on certifications under subsection (m) 

20 regarding compliance with Buy America. 

21 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.— 

22 The Secretary shall display a ‘Report Fraud, Waste, 

23 and Abuse’ button and link to Department of Trans24 portation’s Office of Inspector General Hotline on 


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1 the Federal Transit Administration’s Buy America 

2 landing page. 

3 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary 

4 shall require all recipients who enter into contracts 

5 to purchase rolling stock with funds provided under 

6 this chapter to include in such contract information 

7 on how to contact the Department of Transpor8 tation’s Office of Inspector General Hotline to report 

9 suspicions of fraud, waste, and abuse. 

10 ‘‘(q) PASSENGER MOTOR VEHICLES.— 

11 ‘‘(1) IN GENERAL.—Any domestically manufac12 tured passenger motor vehicle shall be considered to 

13 be produced in the United States under this section. 

14 ‘‘(2) DOMESTICALLY MANUFACTURED PAS15 SENGER MOTOR VEHICLE.—In this subsection, the 

16 term ‘domestically manufactured passenger motor 

17 vehicle’ means any passenger motor vehicle, as such 

18 term is defined in section 32304(a) that— 

19 ‘‘(A) has under section 32304(b)(1)(B) its 

20 final assembly place in the United States; and 

21 ‘‘(B) the percentage (by value) of pas22 senger motor equipment under section 

23 32304(b)(1)(A) equals or exceeds 60 percent 

24 value added. 


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1 ‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO2 NENTS.—No bus shell, railcar frame, or other component 

3 or subcomponent that is primarily made of steel or iron 

4 shall be treated as produced in the United States for pur5 poses of subsection (b)(3) or determined to be of domestic 

6 origin under section 661.11 of title 49, Code of Federal 

7 Regulations, if the material inputs of such component or 

8 subcomponent were imported into the United States and 

9 the processes performed in the United States on the im10 ported articles would not result in a change in the article’s 

11 classification to chapter 86 or 87 of the Harmonized Tar12 iff Schedule of the United States from another chapter 

13 or a new heading of any chapter from the heading under 

14 which the article was classified upon entry. 

15 ‘‘(s) TREATMENT OF STEEL AND IRON COMPONENTS

16 AS PRODUCED IN THE UNITED STATES.—Notwith17 standing any other provision of any law or any rule, regu18 lation, or policy of the Federal Transit Administration, 

19 steel and iron components of a system, as defined in sec20 tion 661.3 of title 49, Code of Federal Regulations, and 

21 of manufactured end products referred to in Appendix A 

22 of such section, may not be considered to be produced in 

23 the United States unless such components meet the re24 quirements of section 661.5(b) of title 49, Code of Federal 

25 Regulations.’’. 


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1 (2) CLERICAL AMENDMENT.—The analysis for 

2 chapter 53 of title 49, United States Code, is 

3 amended by inserting before the item relating to sec4 tion 5321 the following: 

‘‘5320. Buy America.’’. 

5 (3) CONFORMING AMENDMENTS.— 

6 (A) TECHNICAL ASSISTANCE AND WORK7 FORCE DEVELOPMENT.—Section 5314(a)(2)(G) 

8 of title 49, United States Code, is amended by 

9 striking ‘‘sections 5323(j) and 5323(m)’’ and 

10 inserting ‘‘section 5320’’. 

11 (B) URBANIZED AREA FORMULA

12 GRANTS.—Section 5307(c)(1)(E) of title 49, 

13 United States Code, is amended by inserting ‘‘, 

14 5320,’’ after ‘‘5323’’. 

15 (C) INNOVATIVE PROCUREMENT.—Section 

16 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 

17 5325 note) is amended by striking ‘‘5323(j)’’ 

18 and inserting ‘‘5320’’. 

19 (b) BUS ROLLING STOCK.—Not later than 18 

20 months after the date of enactment of this Act, the Sec21 retary of Transportation shall issue such regulations as 

22 are necessary to revise Appendix B and Appendix D of 

23 section 661.11 of title 49, Code of Federal Regulations, 

24 with respect to bus rolling stock to maximize job creation 


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1 and align such section with modern manufacturing tech2 niques. 

3 (c) RAIL ROLLING STOCK.—Not later than 30 

4 months after the date of enactment of this Act, the Sec5 retary shall issue such regulations as are necessary to re6 vise subsections (t), (u), and (v) of section 661.11 of title 

7 49, Code of Federal Regulations, with respect to rail roll8 ing stock to maximize job creation and align such section 

9 with modern manufacturing techniques. 

10 (d) RULE OF APPLICABILITY.— 

11 (1) IN GENERAL.—Except as otherwise pro12 vided in this subsection, the amendments made by 

13 this section shall apply to any contract entered into 

14 on or after the date of enactment of this Act. 

15 (2) DELAYED APPLICABILITY OF CERTAIN PRO16 VISIONS.—Contracts described in paragraph (1) 

17 shall be subject to the following delayed applicability 

18 requirements: 

19 (A) Section 5320(m)(2) shall apply to con20 tracts entered into on or after the date that is 

21 30 days after the date of enactment of this Act. 

22 (B) Notwithstanding subparagraph (A), 

23 section 5320(m) shall apply to contracts for the 

24 procurement of bus rolling stock beginning on 

25 the earlier of— 


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1 (i) 180 days after the date on which 

2 final regulations are issued pursuant to 

3 subsection (b); or 

4 (ii) the date that is 1 year after the 

5 date of enactment of this Act. 

6 (C) Notwithstanding subparagraph (A), 

7 section 5320(m) shall apply to contracts for the 

8 procurement of rail rolling stock beginning on 

9 the earlier of— 

10 (i) 180 days after the date on which 

11 final regulations are issued pursuant to 

12 subsection (c); or 

13 (ii) the date that is 2 years after the 

14 date of enactment of this Act. 

15 (D) Section 5320(p)(1) shall apply on the 

16 date that is 1 year after the latest of the appli17 cation dates described in subparagraphs (A) 

18 through (C). 

19 (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 

20 For any contract described in paragraph (1) for 

21 which the delivery for the first production vehicle oc22 curs before October 1, 2024, paragraphs (1) and (4) 

23 of section 5320(d) shall not apply. 

24 (4) SPECIAL RULE FOR BATTERY CELL INCEN25 TIVES.—For any contract described in paragraph 


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1 (1) for which the delivery for the first production ve2 hicle occurs before October 1, 2023, section 

3 5320(d)(5) shall not apply. 

4 (5) APPLICATION OF EXISTING LAW.—During 

5 any periods described in this subsection, the Sec6 retary shall apply the requirements of sections 

7 5323(j) and 5323(m) of title 49, United States 

8 Code, as in effect on the day before the date of en9 actment of this Act, as applicable. 

10 (e) SPECIAL RULE FOR DOMESTIC CONTENT.— 

11 (1) IN GENERAL.—For the calculation of the 

12 percent of domestic content calculated under section 

13 5320(d)(2) for a contract for rolling stock entered 

14 into on or after October 1, 2021— 

15 (A) if the delivery of the first production 

16 vehicle occurs in fiscal year 2023 or fiscal year 

17 2024, for components that exceed 70 percent 

18 domestic content, the Secretary shall add 20 

19 additional percent to the component’s domestic 

20 content; and 

21 (B) if the delivery of the first production 

22 vehicle occurs in fiscal year 2025 or fiscal year 

23 2026— 

24 (i) for components that exceed 70 per25 cent but do not exceed 75 percent domestic 


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1 content, the Secretary shall add 15 addi2 tional percent to the component’s domestic 

3 content; or 

4 (ii) for components that exceed 75 

5 percent domestic content, the Secretary 

6 shall add 20 additional percent to the com7 ponent’s domestic content. 

8 (2) CONTRACTS AFTER OCTOBER 1, 2021.—For 

9 the calculation of the percent of domestic content 

10 calculated under section 5320(d)(2) for a contract 

11 for rolling stock entered into on or after October 1, 

12 2021 for a vehicle described in section 

13 5339(c)(1)(D), and notwithstanding subsection 

14 (e)(1), if the delivery of the first production vehicle 

15 occurs in fiscal year 2023 or 2024, for components 

16 that exceed 70 percent domestic content, the Sec17 retary shall add 30 additional percent to the compo18 nent’s domestic content. 

19 (3) BATTERY CELLS.—Paragraph (1) and para20 graph (2) of this subsection shall not apply to any 

21 contract for rolling stock if the manufacturer of the 

22 rolling stock or the manufacturer of the battery cells 

23 used for propulsion of the rolling stock is an entity 

24 described in 49 USC 5323(u)(1) and (u)(2). 


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1 SEC. 2302. BUS PROCUREMENT STREAMLINING. 

2 Section 5323 of title 49, United States Code, as is 

3 amended by adding at the end the following: 

4 ‘‘(x) BUS PROCUREMENT STREAMLINING.— 

5 ‘‘(1) IN GENERAL.—The Secretary may only ob6 ligate amounts for acquisition of buses under this 

7 chapter to a recipient that issues a request for pro8 posals for an open market procurement that meets 

9 the following criteria: 

10 ‘‘(A) Such request for proposals is limited 

11 to performance specifications, except for compo12 nents or subcomponents identified in the nego13 tiated rulemaking carried out pursuant to this 

14 subsection. 

15 ‘‘(B) Such request for proposals does not 

16 seek any alternative design or manufacture 

17 specification of a bus offered by a manufac18 turer, except to require a component or sub19 component identified in the negotiated rule20 making carried out pursuant to this subsection. 

21 ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED

22 RULEMAKING.— 

23 ‘‘(A) INITIATION.—Not later than 120 

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1 ter 5 of title 5 to negotiate and issue such regu2 lations as are necessary to establish as limited 

3 a list as is practicable of bus components and 

4 subcomponents described in subparagraph (B). 

5 ‘‘(B) LIST OF COMPONENTS.—The regula6 tions required under subparagraph (A) shall es7 tablish a list of bus components and subcompo8 nents that may be specified in a request for 

9 proposals described in paragraph (1) by a re10 cipient. The Secretary shall ensure the list is 

11 limited in scope and limited to only components 

12 and subcomponents that cannot be selected with 

13 performance specifications to ensure interoper14 ability. 

15 ‘‘(C) PUBLICATION OF PROPOSED REGULA16 TIONS.—Proposed regulations to implement this 

17 section shall be published in the Federal Reg18 ister by the Secretary not later than 18 months 

19 after such date of enactment. 

20 ‘‘(D) COMMITTEE.—A negotiated rule21 making committee established pursuant to sec22 tion 565 of title 5 to carry out this paragraph 

23 shall have a maximum of 11 members limited 

24 to representatives of the Department of Trans25 portation, urban and rural recipients (including 


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1 State government recipients), and transit vehi2 cle manufacturers. 

3 ‘‘(E) EXTENSION OF DEADLINES.—A 

4 deadline set forth in subparagraph (C) may be 

5 extended up to 180 days if the negotiated rule6 making committee referred to in subparagraph 

7 (D) concludes that the committee cannot meet 

8 the deadline and the Secretary so notifies the 

9 Committee on Transportation and Infrastruc10 ture of the House of Representatives and the 

11 Committee on Banking, Housing, and Urban 

12 Affairs of the Senate. 

13 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section 

14 shall be construed to provide additional authority for 

15 the Secretary to restrict what a bus manufacturer 

16 offers to sell to a public transportation agency.’’. 

17 SEC. 2303. BUS TESTING FACILITY. 

18 Section 5318 of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(f) TESTING SCHEDULE.—The Secretary shall— 

21 ‘‘(1) determine eligibility of a bus manufactur22 er’s request for testing within 10 business days; and 

23 ‘‘(2) make publicly available the current backlog 

24 (in months) to begin testing a new bus at the bus 

25 testing facility.’’. 


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1 SEC. 2304. REPAYMENT REQUIREMENT. 

2 (a) IN GENERAL.—A transit agency shall repay into 

3 the general fund of the Treasury any funds received from 

4 the Federal Transit Administration under section 3401 of 

5 the American Rescue Plan Act of 2021 (Public Law 117– 

6 2) if the funds were used to award a contract or sub7 contract to an entity for the procurement of rolling stock 

8 for use in public transportation if the manufacturer of the 

9 rolling stock— 

10 (1) is incorporated in or has manufacturing fa11 cilities in the United States; and 

12 (2) is owned or controlled by, is a subsidiary of, 

13 or is otherwise related legally or financially to a cor14 poration based in a country that— 

15 (A) is identified as a nonmarket economy 

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

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

18 the date of enactment of this subsection; 

19 (B) was identified by the United States 

20 Trade Representative in the most recent report 

21 required by section 182 of the Trade Act of 

22 1974 (19 U.S.C. 2242) as a priority foreign 

23 country under subsection (a)(2) of that section; 

24 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 (b) CERTIFICATION.—Not later than 60 days after 

5 the date of enactment of this section, a transit agency that 

6 received funds pursuant to the laws specified in subsection 

7 (a) shall certify that the agency has not and shall not use 

8 such funds to purchase rolling stock described in sub9 section (a). 

10 SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING 

11 A MAJOR DISASTER. 

12 (a) IN GENERAL.—Section 5323 of title 49, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS16 ASTER.— 

17 ‘‘(1) DEFINED TERM.—In this subsection, the 

18 term ‘decennial census date’ has the meaning given 

19 the term in section 141(a) of title 13. 

20 ‘‘(2) URBANIZED AREA MAJOR DISASTER POPU21 LATION CRITERIA.—Notwithstanding section 5302, 

22 for purposes of this chapter, the Secretary shall 

23 treat an area as an urbanized area for the period de24 scribed in paragraph (3) if— 


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1 ‘‘(A) a major disaster was declared by the 

2 President under section 401 of the Robert T. 

3 Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5170) for the area during 

5 the 3-year period preceding the decennial cen6 sus date for the 2010 decennial census or for 

7 any subsequent decennial census; 

8 ‘‘(B) the area was defined and designated 

9 as an ‘urbanized area’ by the Secretary of Com10 merce in the decennial census immediately pre11 ceding the major disaster described in subpara12 graph (A); and 

13 ‘‘(C) the population of the area fell below 

14 50,000 as a result of the major disaster de15 scribed in subparagraph (A). 

16 ‘‘(3) COVERED PERIOD.—The Secretary shall 

17 treat an area as an urbanized area under paragraph 

18 (2) during the period— 

19 ‘‘(A) beginning on— 

20 ‘‘(i) in the case of a major disaster de21 scribed in paragraph (2)(A) that occurred 

22 during the 3-year period preceding the de23 cennial census date for the 2010 decennial 

24 census, October 1 of the first fiscal year 


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1 that begins after the date of enactment of 

2 this subsection; or 

3 ‘‘(ii) in the case of any other major 

4 disaster described in paragraph (2)(A), Oc5 tober 1 of the first fiscal year— 

6 ‘‘(I) that begins after the decen7 nial census date for the first decennial 

8 census conducted after the major dis9 aster; and 

10 ‘‘(II) for which the Secretary has 

11 sufficient data from that census to de12 termine that the area qualifies for 

13 treatment as an urbanized area under 

14 paragraph (2); and 

15 ‘‘(B) ending on the day before the first fis16 cal year— 

17 ‘‘(i) that begins after the decennial 

18 census date for the second decennial cen19 sus conducted after the major disaster de20 scribed in paragraph (2)(A); and 

21 ‘‘(ii) for which the Secretary has suffi22 cient data from that census to determine 

23 which areas are urbanized areas for pur24 poses of this chapter. 


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1 ‘‘(4) POPULATION CALCULATION.—An area 

2 treated as an urbanized area under this subsection 

3 shall be assigned the population and square miles of 

4 the urbanized area designated by the Secretary of 

5 Commerce in the most recent decennial census con6 ducted before the major disaster described in para7 graph (2)(A). 

8 ‘‘(5) SAVINGS PROVISION.—Nothing in this sub9 section may be construed to affect apportionments 

10 made under this chapter before the date of enact11 ment of this subsection.’’. 

12 (b) AMENDMENT TAKES EFFECT ON ENACTMENT.— 

13 Notwithstanding section 1001, the amendment made by 

14 subsection (a) shall take effect on the date of enactment 

15 of this Act. 

16 SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK 

17 PROCUREMENTS. 

18 (a) CERTIFICATION.—Section 5323(u)(4) of title 49, 

19 United States Code, is amended— 

20 (1) in subparagraph (A) in the heading by 

21 striking‘‘RAIL’’; and 

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

23 ‘‘(C) NONRAIL ROLLING STOCK.—Notwith24 standing subparagraph (B) of paragraph (5), as 

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1 able in a fiscal year under section 5339, a re2 cipient shall certify in that fiscal year that the 

3 recipient will not award any contract or sub4 contract for the procurement of rolling stock for 

5 use in public transportation with a rolling stock 

6 manufacturer described in paragraph (1).’’. 

7 (b) SPECIAL RULE.—Section 5323(u)(5)(A) of title 

8 49, United States Code, (as redesignated by this Act) is 

9 amended by striking ‘‘made by a public transportation 

10 agency with a rail rolling stock manufacturer described in 

11 paragraph (1)’’ and all that follows through the period at 

12 the end and inserting ‘‘as of December 20, 2019, including 

13 options and other requirements tied to these contracts or 

14 subcontracts, made by a public transportation agency with 

15 a restricted rail rolling stock manufacturer.’’. 

16 SEC. 2307. SPARE RATIO WAIVER. 

17 Section 5323 of title 49, United States Code, is fur18 ther amended by adding at the end the following: 

19 ‘‘(z) SPARE RATIO WAIVER.—The Federal Transit 

20 Administration shall waive spare ratio policies for rolling 

21 stock found in FTA Grant Management Requirements 

22 Circular 5010.1, FTA Circular 9030.1 providing Urban23 ized Area Formula Program guidance, and other guidance 

24 documents for 2 years from the date of enactment of the 

25 INVEST in America Act.’’. 


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1 Subtitle D—Bus Grant Reforms 

2 SEC. 2401. FORMULA GRANTS FOR BUSES. 

3 Section 5339(a) of title 49, United States Code, is 

4 amended— 

5 (1) in paragraph (1)— 

6 (A) by inserting ‘‘and subsection (d)’’ after 

7 ‘‘In this subsection’’; 

8 (B) in subparagraph (A) by striking ‘‘term 

9 ‘low or no emission vehicle’ has’’ and inserting 

10 ‘‘term ‘zero emission vehicle’ has’’; 

11 (C) in subparagraph (B) by inserting ‘‘and 

12 the District of Columbia’’ after ‘‘United 

13 States’’; and 

14 (D) in subparagraph (C) by striking ‘‘the 

15 District of Columbia,’’; 

16 (2) in paragraph (2)(A) by striking ‘‘low or no 

17 emission vehicles’’ and inserting ‘‘zero emission vehi18 cles’’; 

19 (3) in paragraph (4)— 

20 (A) in subparagraph (A) by inserting ‘‘and 

21 subsection (d)’’ after ‘‘this subsection’’; and 

22 (B) in subparagraph (B) by inserting ‘‘and 

23 subsection (d)’’ after ‘‘this subsection’’; 

24 (4) in paragraph (5)(A)— 


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1 (A) by striking ‘‘$90,500,000’’ and insert2 ing ‘‘$156,750,000’’; 

3 (B) by striking ‘‘2016 through 2020’’ and 

4 inserting ‘‘2023 through 2026’’; 

5 (C) by striking ‘‘$1,750,000’’ and inserting 

6 ‘‘$3,000,000’’; and 

7 (D) by striking ‘‘$500,000’’ and inserting 

8 ‘‘$750,000’’; 

9 (5) in paragraph (7) by adding at the end the 

10 following: 

11 ‘‘(C) SPECIAL RULE FOR BUSES AND RE12 LATED EQUIPMENT FOR ZERO EMISSION VEHI13 CLES.—Notwithstanding subparagraph (A), a 

14 grant for a capital project for buses and related 

15 equipment for hybrid electric buses that make 

16 meaningful reductions in energy consumption 

17 and harmful emissions, including direct carbon 

18 emissions, and zero emission vehicles under this 

19 subsection shall be for 90 percent of the net 

20 capital costs of the project. A recipient of a 

21 grant under this subsection may provide addi22 tional local matching amounts.’’; 

23 (6) in paragraph (8)— 

24 (A) by striking ‘‘3 fiscal years’’ and insert25 ing ‘‘4 fiscal years’’; and 


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1 (B) by striking ‘‘3-fiscal-year period’’ and 

2 inserting ‘‘4-fiscal-year period’’; and 

3 (7) by striking paragraph (9). 

4 SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM5 PETITIVE GRANTS. 

6 Section 5339(b) of title 49, United States Code, is 

7 amended— 

8 (1) in the heading by striking ‘‘BUSES AND

9 BUS FACILITIES COMPETITIVE GRANTS’’ and insert10 ing ‘‘BUS FACILITIES AND FLEET EXPANSION COM11 PETITIVE GRANTS’’; 

12 (2) in paragraph (1)— 

13 (A) by striking ‘‘buses and’’; 

14 (B) by inserting ‘‘and certain buses’’ after 

15 ‘‘capital projects’’; 

16 (C) in subparagraph (A) by striking 

17 ‘‘buses or related equipment’’ and inserting 

18 ‘‘bus-related facilities’’; and 

19 (D) by striking subparagraph (B) and in20 serting the following: 

21 ‘‘(B) purchasing or leasing buses that will 

22 not replace buses in the applicant’s fleet at the 

23 time of application and will be used to— 

24 ‘‘(i) increase the frequency of bus 

25 service; or 


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1 ‘‘(ii) increase the service area of the 

2 applicant.’’; 

3 (3) by striking paragraph (2) and inserting the 

4 following: 

5 ‘‘(2) GRANT CONSIDERATIONS.—In making 

6 grants— 

7 ‘‘(A) under subparagraph (1)(A), the Sec8 retary shall only consider— 

9 ‘‘(i) the age and condition of bus-re10 lated facilities of the applicant compared to 

11 all applicants and proposed improvements 

12 to the resilience (as such term is defined in 

13 section 5302) of such facilities; 

14 ‘‘(ii) for a facility that, in whole or in 

15 part, encroaches within the limits of a 

16 flood-prone area, the extent to which the 

17 facility is designed and constructed in a 

18 way that takes into account, and mitigates 

19 where appropriate, flood risk; and 

20 ‘‘(iii) for a bus station, the degree of 

21 multi-modal connections at such station; 

22 and 

23 ‘‘(B) under paragraph (1)(B), the Sec24 retary shall consider the improvements to head25 way and projected new ridership.’’; and 


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1 (4) in paragraph (6) by striking subparagraph 

2 (B) and inserting the following: 

3 ‘‘(B) GOVERNMENT SHARE OF COSTS.— 

4 ‘‘(i) IN GENERAL.—The Government 

5 share of the cost of an eligible project car6 ried out under this subsection shall not ex7 ceed 80 percent. 

8 ‘‘(ii) SPECIAL RULE FOR BUSES AND

9 RELATED EQUIPMENT FOR ZERO EMISSION

10 VEHICLES.—Notwithstanding clause (i), 

11 the Government share of the cost of an eli12 gible project for the financing of buses and 

13 related equipment for hybrid electric buses 

14 that make meaningful reductions in energy 

15 consumption and harmful emissions, in16 cluding direct carbon emissions, and zero 

17 emission vehicles shall not exceed 90 per18 cent.’’. 

19 SEC. 2403. ZERO EMISSION BUS GRANTS. 

20 (a) IN GENERAL.—Section 5339(c) of title 49, 

21 United States Code, is amended— 

22 (1) in the heading by striking ‘‘LOW OR NO

23 EMISSION GRANTS’’ and inserting ‘‘ZERO EMISSION

24 GRANTS’’; 

25 (2) in paragraph (1)— 


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1 (A) in subparagraph (B)— 

2 (i) in the matter preceding clause (i) 

3 by striking ‘‘in an eligible area’’; 

4 (ii) in clause (i) by striking ‘‘low or no 

5 emission’’ and inserting ‘‘zero emission’’; 

6 (iii) in clause (ii) by striking ‘‘low or 

7 no emission’’ and inserting ‘‘zero emis8 sion’’; 

9 (iv) in clause (iii) by striking ‘‘low or 

10 no emission’’ and inserting ‘‘zero emis11 sion’’; 

12 (v) in clause (iv) by striking ‘‘facilities 

13 and related equipment for low or no emis14 sion’’ and inserting ‘‘related equipment for 

15 zero emission’’; 

16 (vi) in clause (v) by striking ‘‘facilities 

17 and related equipment for low or no emis18 sion vehicles;’’ and inserting ‘‘related 

19 equipment for zero emission vehicles; or’’; 

20 (vii) in clause (vii) by striking ‘‘low or 

21 no emission’’ and inserting ‘‘zero emis22 sion’’; 

23 (viii) by striking clause (vi); and 

24 (ix) by redesignating clause (vii) as 

25 clause (vi); 


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1 (B) by striking subparagraph (D) and in2 serting the following: 

3 ‘‘(D) the term ‘zero emission bus’ means a 

4 bus that is a zero emission vehicle;’’; 

5 (C) by striking subparagraph (E) and in6 serting the following: 

7 ‘‘(E) the term ‘zero emission vehicle’ 

8 means a vehicle used to provide public transpor9 tation that produces no carbon dioxide or par10 ticulate matter;’’; 

11 (D) in subparagraph (F) by striking ‘‘and’’ 

12 at the end; 

13 (E) by striking subparagraph (G) and in14 serting the following: 

15 ‘‘(G) the term ‘priority area’ means an 

16 area that is— 

17 ‘‘(i) designated as a nonattainment 

18 area for ozone or particulate matter under 

19 section 107(d) of the Clean Air Act (42 

20 U.S.C. 7407(d)); 

21 ‘‘(ii) a maintenance area, as such 

22 term is defined in section 5303, for ozone 

23 or particulate matter; or 

24 ‘‘(iii) in a State that has enacted a 

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1 quirement, as determined by the Secretary; 

2 and’’; and 

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

4 ‘‘(H) the term ‘low-income community’ 

5 means any population census tract if— 

6 ‘‘(i) the poverty rate for such tract is 

7 at least 20 percent; or 

8 ‘‘(ii) in the case of a tract— 

9 ‘‘(I) not located within a metro10 politan area, the median family in11 come for such tract does not exceed 

12 80 percent of statewide median family 

13 income; or 

14 ‘‘(II) located within a metropoli15 tan area, the median family income 

16 for such tract does not exceed 80 per17 cent of the greater statewide median 

18 family income or the metropolitan 

19 area median family income.’’; 

20 (3) by striking paragraph (5) and inserting the 

21 following: 

22 ‘‘(5) GRANT ELIGIBILITY.—In awarding grants 

23 under this subsection, the Secretary shall make 

24 grants to eligible projects relating to the acquisition 


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1 or leasing of equipment for zero-emission buses or 

2 zero-emission buses— 

3 ‘‘(A) that procure— 

4 ‘‘(i) at least 10 zero emission buses; 

5 ‘‘(ii) if the recipient operates less than 

6 50 buses in peak service, at least 5 zero 

7 emission buses; or 

8 ‘‘(iii) hydrogen buses; 

9 ‘‘(B) for which the recipient’s board of di10 rectors has approved a long-term integrated 

11 fleet management plan that— 

12 ‘‘(i) establishes— 

13 ‘‘(I) a goal by a set date to con14 vert the entire bus fleet to zero emis15 sion buses; or 

16 ‘‘(II) a goal that within 10 years 

17 from the date of approval of such plan 

18 the recipient will convert a set per19 centage of the total bus fleet of such 

20 recipient to zero emission buses; and 

21 ‘‘(ii) examines the impact of the tran22 sition on the applicant’s current workforce, 

23 with a goal of identifying skills gaps, re24 training existing workers to operate and 

25 maintain zero-emission vehicles and related 


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1 infrastructure, and avoiding the displace2 ment of the existing workforce; and 

3 ‘‘(C) for which the recipient has performed 

4 a fleet transition study that includes optimal 

5 route planning and an analysis of how utility 

6 rates may impact the recipient’s operations and 

7 maintenance budget.’’; and 

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

9 ‘‘(8) LOW AND MODERATE COMMUNITY

10 GRANTS.—Not less than 10 percent of the amounts 

11 made available under this subsection in a fiscal year 

12 shall be distributed to projects serving predomi13 nantly low-income communities. 

14 ‘‘(9) PRIORITY SET-ASIDE.—Of the amounts 

15 made available under this subsection in a fiscal year, 

16 not less than— 

17 ‘‘(A) 20 percent shall be distributed to ap18 plicants in priority areas; and 

19 ‘‘(B) 10 percent shall be distributed to ap20 plicants not located in priority areas whose 

21 board of directors have approved a long-term 

22 integrated fleet management plan that estab23 lishes a goal to convert 100 percent of their bus 

24 fleet to zero-emission buses within 15 years.’’. 


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1 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

2 Section 5303(b) of title 49, United States Code, is amend3 ed by adding at the end the following: 

4 ‘‘(9) MAINTENANCE AREA.—The term ‘mainte5 nance area’ has the meaning given the term in sec6 tions 171(2) and 175A of the Clean Air Act (42 

7 U.S.C. 7501(2); 7505a).’’. 

8 SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR9 MULA SUBGRANT. 

10 Section 5339 of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(d) RESTORATION TO STATE OF GOOD REPAIR

13 FORMULA SUBGRANT.— 

14 ‘‘(1) GENERAL AUTHORITY.—The Secretary 

15 may make grants under this subsection to assist eli16 gible recipients and subrecipients described in para17 graph (2) in financing capital projects to replace, re18 habilitate, and purchase buses and related equip19 ment. 

20 ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI21 ENTS.—Not later than September 1 annually, the 

22 Secretary shall make public a list of eligible recipi23 ents and subrecipients based on the most recent 

24 data available in the National Transit Database to 

25 calculate the 20 percent of eligible recipients and 


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1 subrecipients with the highest percentage of asset 

2 vehicle miles for buses beyond the useful life bench3 mark established by the Federal Transit Administra4 tion. 

5 ‘‘(3) URBAN APPORTIONMENTS.—Funds allo6 cated under section 5338(a)(2)(L)(ii) shall be— 

7 ‘‘(A) distributed to— 

8 ‘‘(i) designated recipients in an urban9 ized area with a population of more than 

10 200,000 made eligible by paragraph (1); 

11 and 

12 ‘‘(ii) States based on subrecipients 

13 made eligible by paragraph (1) in an ur14 banized area under 200,000; and 

15 ‘‘(B) allocated pursuant to the formula set 

16 forth in section 5336 other than subsection (b), 

17 using the data from the 20 percent of eligible 

18 recipients and subrecipients. 

19 ‘‘(4) RURAL ALLOCATION.—The Secretary 

20 shall— 

21 ‘‘(A) calculate the percentage of funds 

22 under section 5338(a)(2)(L)(ii) to allocate to 

23 rural subrecipients by dividing— 

24 ‘‘(i) the asset vehicle miles for buses 

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1 lished by the Federal Transit Administra2 tion) of the rural subrecipients described in 

3 paragraph (2); by 

4 ‘‘(ii) the total asset vehicle miles for 

5 buses beyond such benchmark of all eligi6 ble recipients and subrecipients described 

7 in paragraph (2); and 

8 ‘‘(B) prior to the allocation described in 

9 paragraph (3)(B), apportion to each State the 

10 amount of the total rural allocation calculated 

11 under subparagraph (A) attributable to such 

12 State based the proportion that— 

13 ‘‘(i) the asset vehicle miles for buses 

14 beyond the useful life benchmark (estab15 lished by the Federal Transit Administra16 tion) for rural subrecipients described in 

17 paragraph (2) in such State; bears to 

18 ‘‘(ii) the total asset vehicle miles de19 scribed in subparagraph (A)(i). 

20 ‘‘(5) APPLICATION OF OTHER PROVISIONS.— 

21 Paragraphs (3), (7), and (8) of subsection (a) shall 

22 apply to eligible recipients and subrecipients de23 scribed in paragraph (2) of a grant under this sub24 section. 


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1 ‘‘(6) PROHIBITION.—No eligible recipient or 

2 subrecipient outside the top 5 percent of asset vehi3 cle miles for buses beyond the useful life benchmark 

4 established by the Federal Transit Administration 

5 may receive a grant in both fiscal year 2023 and fis6 cal year 2024. 

7 ‘‘(7) REQUIREMENT.—The Secretary shall re8 quire— 

9 ‘‘(A) States to expend, to the benefit of the 

10 subrecipients eligible under paragraph (2), the 

11 apportioned funds attributed to such subrecipi12 ents; and 

13 ‘‘(B) designated recipients to provide the 

14 allocated funds to the recipients eligible under 

15 paragraph (2) the apportioned funds attributed 

16 to such recipients.’’. 

17 SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS. 

18 Section 5339 of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(e) WORKFORCE DEVELOPMENT TRAINING

21 GRANTS.— 

22 ‘‘(1) IN GENERAL.—Not less than 12.5 percent 

23 of funds authorized to be made available for sub24 section (c) shall be available to fund workforce devel25 opment training eligible under section 5314(b)(2) 


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1 (including registered apprenticeships and other 

2 labor-management training programs), related to op3 erations or maintenance of zero emission vehicles. 

4 ‘‘(2) ELIGIBLE RECIPIENTS.—Recipients eligi5 ble under subsection (c) shall be eligible to receive 

6 a grant under this subsection. 

7 ‘‘(3) FEDERAL SHARE.—The Federal share of 

8 the cost of an eligible project carried out under this 

9 subsection shall be 100 percent.’’. 

10 Subtitle E—Supporting All Riders 

11 SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS. 

12 Section 5336(j) of title 49, United States Code, is 

13 amended— 

14 (1) in paragraph (1) by striking ‘‘75 percent’’ 

15 and inserting ‘‘50 percent’’; 

16 (2) in paragraph (2) by striking ‘‘25 percent’’ 

17 and inserting ‘‘12.5 percent’’; and 

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

19 ‘‘(3) 30 percent of the funds shall be appor20 tioned among designated recipients for urbanized 

21 areas with a population of 200,000 or more in the 

22 ratio that— 

23 ‘‘(A) the number of individuals in each 

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1 cent during the 5 years most recently ending; 

2 bears to 

3 ‘‘(B) the number of individuals in all such 

4 urbanized areas residing in an urban census 

5 tract with a poverty rate of at least 20 percent 

6 during the 5 years most recently ending; and 

7 ‘‘(4) 7.5 percent of the funds shall be appor8 tioned among designated recipients for urbanized 

9 areas with a population less than 200,000 in the 

10 ratio that— 

11 ‘‘(A) the number of individuals in each 

12 such urbanized area residing in an urban cen13 sus tract with a poverty rate of at least 20 per14 cent during the 5 years most recently ending; 

15 bears to 

16 ‘‘(B) the number of individuals in all such 

17 areas residing in an urban census tract with a 

18 poverty rate of at least 20 percent during the 

19 5 years most recently ending.’’. 

20 SEC. 2502. RURAL PERSISTENT POVERTY FORMULA. 

21 Section 5311 of title 49, United States Code, as 

22 amended in section 2204, is further amended— 

23 (1) in subsection (a) by adding at the end the 

24 following: 


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1 ‘‘(3) PERSISTENT POVERTY COUNTY.—The 

2 term ‘persistent poverty county’ means any county 

3 with a poverty rate of at least 20 percent— 

4 ‘‘(A) as determined in each of the 1990 

5 and 2000 decennial censuses; 

6 ‘‘(B) in the Small Area Income and Pov7 erty Estimates of the Bureau of the Census for 

8 the most recent year for which the estimates 

9 are available; and 

10 ‘‘(C) has at least 25 percent of its popu11 lation in rural areas.’’; 

12 (2) in subsection (b)(2)(C)(i) by inserting ‘‘and 

13 persistent poverty counties’’ before the semicolon; 

14 and 

15 (3) in subsection (c) by striking paragraph (2) 

16 and inserting the following: 

17 ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR18 TATION ASSISTANCE PROGRAM.— 

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

20 carry out a public transportation assistance 

21 program for areas of persistent poverty. 

22 ‘‘(B) APPORTIONMENT.—Of amounts 

23 made available or appropriated for each fiscal 

24 year under section 5338(a)(2)(E)(ii) to carry 

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1 tion funds to recipients for service in, or di2 rectly benefitting, persistent poverty counties 

3 for any eligible purpose under this section in 

4 the ratio that— 

5 ‘‘(i) the number of individuals in each 

6 such rural area residing in a persistent 

7 poverty county; bears to 

8 ‘‘(ii) the number of individuals in all 

9 such rural areas residing in a persistent 

10 poverty county.’’. 

11 SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE12 DUCED FARE TRANSIT. 

13 Section 5312 of title 49, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(j) DEMONSTRATION GRANTS TO SUPPORT RE16 DUCED FARE TRANSIT.— 

17 ‘‘(1) IN GENERAL.—Not later than 300 days 

18 after the date of enactment of the INVEST in 

19 America Act, the Secretary shall award grants 

20 (which shall be known as ‘Access to Jobs Grants’) 

21 to eligible entities, on a competitive basis, to imple22 ment reduced fare transit service. 

23 ‘‘(2) NOTICE.—Not later than 180 days after 

24 the date of enactment of the INVEST in America 

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1 tities of the availability of grants under paragraph 

2 (1). 

3 ‘‘(3) APPLICATION.—To be eligible to receive a 

4 grant under this subsection, an eligible recipient 

5 shall submit to the Secretary an application con6 taining such information as the Secretary may re7 quire, including, at a minimum, the following: 

8 ‘‘(A) A description of how the eligible enti9 ty plans to implement reduced fare transit ac10 cess with respect to low-income individuals, in11 cluding any eligibility requirements for such 

12 transit access. 

13 ‘‘(B) A description of how the eligible enti14 ty will consult with local community stake15 holders, labor unions, local education agencies 

16 and institutions of higher education, public 

17 housing agencies, and workforce development 

18 boards in the implementation of reduced fares. 

19 ‘‘(C) A description of the eligible entity’s 

20 current fare evasion enforcement policies, in21 cluding how the eligible entity plans to use the 

22 reduced fare program to reduce fare evasion. 

23 ‘‘(D) An estimate of additional costs to 

24 such eligible entity as a result of reduced tran25 sit fares. 


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1 ‘‘(E) A plan for a public awareness cam2 paign of the transit agency’s ability to provide 

3 reduced fares, including in foreign languages, 

4 based on— 

5 ‘‘(i) data from the Bureau of the Cen6 sus, consistent with the local area demo7 graphics where the transit agency operates, 

8 including the languages that are most 

9 prevalent and commonly requested for 

10 translation services; or 

11 ‘‘(ii) qualitative and quantitative ob12 servation from community service providers 

13 including those that provide health and 

14 mental health services, social services, 

15 transportation, and other relevant social 

16 services. 

17 ‘‘(F) Projected impacts on ridership. 

18 ‘‘(G) Projected benefits in closing transit 

19 equity gaps. 

20 ‘‘(4) GRANT DURATION.—Grants awarded 

21 under this subsection shall be for a 2-year period. 

22 ‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In 

23 carrying out the program under this subsection, the 

24 Secretary shall award not more than 20 percent of 

25 grants to eligible entities located in rural areas. 


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1 ‘‘(6) USES OF FUNDS.—An eligible entity re2 ceiving a grant under this subsection shall use such 

3 grant to implement a reduced fare transit program 

4 and offset lost fare revenue. 

5 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

6 this section shall be construed to limit the eligibility 

7 of an applicant if a State, local, or Tribal govern8 mental entity provides reduced fare transportation to 

9 low-income individuals. 

10 ‘‘(8) DEFINITIONS.—In this subsection: 

11 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi12 ble entity’ means a State, local, or Tribal gov13 ernmental entity that operates a public trans14 portation service and is a recipient or sub15 recipient of funds under this chapter. 

16 ‘‘(B) LOW-INCOME INDIVIDUAL.—The 

17 term ‘low-income individual’ means an indi18 vidual— 

19 ‘‘(i) that has qualified for— 

20 ‘‘(I) any program of medical as21 sistance under a State plan or under 

22 a waiver of the plan under title XIX 

23 of the Social Security Act (42 U.S.C. 

24 1396 et seq.); 


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1 ‘‘(II) supplemental nutrition as2 sistance program (SNAP) under the 

3 Food and Nutrition Act of 2008 (7 

4 U.S.C. 2011 et seq.); 

5 ‘‘(III) the program of block 

6 grants for States for temporary assist7 ance for needy families (TANF) es8 tablished under part A of title IV of 

9 the Social Security Act (42 U.S.C. 

10 601 et seq.); 

11 ‘‘(IV) the free and reduced price 

12 school lunch program established 

13 under the Richard B. Russell National 

14 School Lunch Act (42 U.S.C. 1751 et 

15 seq.); 

16 ‘‘(V) a housing voucher through 

17 section 8(o) of the United States 

18 Housing Act of 1937 (42 U.S.C. 

19 1437f(o)); 

20 ‘‘(VI) benefits under the Low-In21 come Home Energy Assistance Act of 

22 1981; 

23 ‘‘(VII) special supplemental food 

24 program for women, infants and chil25 dren (WIC) under section 17 of the 


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1 Child Nutrition Act of 1966 (42 

2 U.S.C. 1786); or 

3 ‘‘(VIII) a Federal Pell Grant 

4 under section 401 of the Higher Edu5 cation Act of 1965 (20 U.S.C. 

6 1070a); or 

7 ‘‘(ii) whose family income is at or 

8 below a set percent (as determined by the 

9 eligible recipient) of the poverty line (as 

10 that term is defined in section 673(2) of 

11 the Community Service Block Grant Act 

12 (42 U.S.C. 9902(2)), including any revi13 sion required by that section) for a family 

14 of the size involved. 

15 ‘‘(9) REPORT.—The Secretary shall designate a 

16 university transportation center under section 5505 

17 to collaborate with the eligible entities receiving a 

18 grant under this subsection to collect necessary data 

19 to evaluate the effectiveness of meeting the targets 

20 described in the application of such recipient, includ21 ing increased ridership, impacts on fare evasion, and 

22 progress towards significantly closing transit equity 

23 gaps.’’. 

24 SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING. 

25 (a) BEST PRACTICES.— 


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1 (1) IN GENERAL.— 

2 (A) ASSISTANCE TO PROVIDERS OF PUBLIC

3 TRANSIT.—Not later than 180 days after the 

4 date of enactment of this Act, the Secretary of 

5 Transportation shall issue nonbinding best 

6 practices to assist providers of public transpor7 tation in setting the threshold for a major serv8 ice change as described in Circular 4702.1B of 

9 the Federal Transit Administration. 

10 (B) SPECIFIC PROVIDERS OF PUBLIC

11 TRANSIT.—For the purposes of this section, the 

12 term ‘‘providers of public transportation’’ 

13 means providers that operate 50 or more fixed 

14 route vehicles in peak service and are located in 

15 an urbanized area of 200,000 or more in popu16 lation. 

17 (2) BEST PRACTICES.—In developing the best 

18 practices described in paragraph (1), the Sec19 retary— 

20 (A) shall issue specific recommendations 

21 for setting the threshold of a major service 

22 change, which shall include, at a minimum, rec23 ommendations related to— 


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1 (i) changes in hours of operations, in2 cluding consideration of changes during 

3 nonpeak hours; 

4 (ii) changes in the frequency of serv5 ice; 

6 (iii) changes in coverage, including the 

7 opening and closing of stations and stops 

8 and the changing of routes; and 

9 (iv) the use of route-specific analyses 

10 in addition to service-area level analyses; 

11 (B) shall recommend specific percentage 

12 change standards for the elements described in 

13 clauses (i), (ii), and (iii) of subparagraph (A) to 

14 assist providers of public transportation in set15 ting the threshold for a major service change in 

16 a manner that ensures meaningful analyses and 

17 the provision of equitable service; and 

18 (C) may issue different best practices for 

19 providers of public transportation of different 

20 sizes and service types. 

21 (b) TRANSIT COOPERATIVE RESEARCH PROGRAM

22 REPORT.— 

23 (1) REVIEW.—Not later than 3 years after the 

24 issuance of the best practices described in subsection 

25 (a), the Transit Cooperative Research Program of 


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1 the National Academy of Sciences shall conduct a 

2 review of the manner in which providers of public 

3 transportation define the threshold for a major serv4 ice change for purposes of compliance with Circular 

5 4702.1B of the Federal Transit Administration, in6 cluding— 

7 (A) a survey of the standards used by pro8 viders of public transportation to define the 

9 threshold for a major service change; 

10 (B) a review of the differences in stand11 ards used to define the threshold for a major 

12 service change for providers of public transpor13 tation of different sizes and service types; 

14 (C) information on the considerations used 

15 by providers of public transportation when de16 fining the threshold for a major service change; 

17 and 

18 (D) the extent to which providers of public 

19 transportation are using the best practices de20 scribed in subsection (a). 

21 (2) REPORT.—After the completion of the re22 view described in paragraph (1), the National Acad23 emy of Sciences shall issue a report on the findings 

24 of the review and submit such report to the Com25 mittee on Transportation and Infrastructure of the 


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1 House of Representatives and the Committee on 

2 Banking, Housing, and Urban Affairs of the Senate. 

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

4 (a) STUDY.—The Comptroller General of the United 

5 States shall conduct a study on the provision of fare-free 

6 transit service in the United States, including an assess7 ment of— 

8 (1) the extent to which fare-free transit is avail9 able in the United States; and 

10 (2) the potential impacts of fare-free transit, 

11 which may include— 

12 (A) increased transit ridership; 

13 (B) improved access to transportation for 

14 low-income riders and marginalized commu15 nities; 

16 (C) improved access to jobs and services; 

17 (D) enhanced equity of the surface trans18 portation system; 

19 (E) reductions in disputes or law enforce20 ment actions related to transit fares; 

21 (F) environmental impacts; 

22 (G) safety considerations; and 

23 (H) the challenges of replacing farebox 

24 revenue. 


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1 (b) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the Comptroller General shall 

3 submit to the Committee on Transportation and Infra4 structure of the House of Representatives and the Com5 mittee on Banking, Housing, and Urban Affairs of the 

6 Senate a report containing the results of the study con7 ducted under subsection (a). 

8 Subtitle F—Supporting Frontline 

9 Workers and Passenger Safety 

10 SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE 

11 TRAINING CENTER. 

12 Section 5314(b) of title 49, United States Code, is 

13 amended— 

14 (1) by striking paragraph (2) and inserting the 

15 following: 

16 ‘‘(2) NATIONAL TRANSIT FRONTLINE WORK17 FORCE TRAINING CENTER.— 

18 ‘‘(A) ESTABLISHMENT.—The Secretary 

19 shall establish a national transit frontline work20 force training center (hereinafter referred to as 

21 the ‘Center’) and enter into a cooperative agree22 ment with a nonprofit organization with a dem23 onstrated capacity to develop and provide tran24 sit career pathway programs through labor25 management partnerships and registered apVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 prenticeships on a nationwide basis, in order to 

2 carry out the duties under subparagraph (B). 

3 The Center shall be dedicated to the needs of 

4 the frontline transit workforce in both rural and 

5 urban transit systems by providing training in 

6 the maintenance and operations occupations 

7 based on industry best practices. 

8 ‘‘(B) DUTIES.— 

9 ‘‘(i) IN GENERAL.—In cooperation 

10 with the Administrator of the Federal 

11 Transit Administration, public transpor12 tation authorities, and national entities, 

13 the Center shall develop and conduct train14 ing and educational programs for frontline 

15 local transportation employees of recipients 

16 eligible for funds under this chapter. 

17 ‘‘(ii) TRAINING AND EDUCATIONAL

18 PROGRAMS.—The training and educational 

19 programs developed under clause (i) may 

20 include courses in recent developments, 

21 techniques, and procedures related to— 

22 ‘‘(I) developing consensus na23 tional training standards, skills, com24 petencies, and recognized postsec25 ondary credentials in partnership with 


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1 industry stakeholders for key frontline 

2 transit occupations with demonstrated 

3 skill gaps; 

4 ‘‘(II) developing recommenda5 tions and best practices for cur6 riculum and recognized postsecondary 

7 credentials, including related instruc8 tion and on-the-job learning for reg9 istered apprenticeship programs for 

10 transit maintenance and operations 

11 occupations; 

12 ‘‘(III) building local, regional, 

13 and statewide transit training part14 nerships to identify and address work15 force skill gaps and develop skills, 

16 competencies, and recognized postsec17 ondary credentials needed for deliv18 ering quality transit service and sup19 porting employee career advancement; 

20 ‘‘(IV) developing programs for 

21 training of transit frontline workers, 

22 instructors, mentors, and labor-man23 agement partnership representatives, 

24 in the form of classroom, hands-on, 

25 on-the-job, and web-based training, 


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1 delivered at a national center, region2 ally, or at individual transit agencies; 

3 ‘‘(V) developing training pro4 grams for skills and competencies re5 lated to existing and emerging transit 

6 technologies, including zero emission 

7 buses; 

8 ‘‘(VI) developing improved capac9 ity for safety, security, and emergency 

10 preparedness in local transit systems 

11 and in the industry as a whole 

12 through— 

13 ‘‘(aa) developing the role of 

14 the transit frontline workforce in 

15 building and sustaining safety 

16 culture and safety systems in the 

17 industry and in individual public 

18 transportation systems; and 

19 ‘‘(bb) training to address 

20 transit frontline worker roles in 

21 promoting health and safety for 

22 transit workers and the riding 

23 public; 

24 ‘‘(VII) developing local transit 

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1 grams with schools and other commu2 nity organizations for recruiting and 

3 training under-represented popu4 lations as successful transit employees 

5 who can develop careers in the transit 

6 industry; 

7 ‘‘(VIII) in collaboration with the 

8 Administrator of the Federal Transit 

9 Administration, the Bureau of Labor 

10 Statistics, the Employment and 

11 Training Adminstration, and organi12 zations representing public transit 

13 agencies, conducting and dissemi14 nating research to— 

15 ‘‘(aa) provide transit work16 force job projections and identify 

17 training needs and gaps; 

18 ‘‘(bb) determine the most 

19 cost-effective methods for transit 

20 workforce training and develop21 ment, including return on invest22 ment analysis; 

23 ‘‘(cc) identify the most effec24 tive methods for implementing 


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1 successful safety systems and a 

2 positive safety culture; and 

3 ‘‘(dd) promote transit work4 force best practices for achieving 

5 cost-effective, quality, safe, and 

6 reliable public transportation 

7 services; and 

8 ‘‘(IX) providing culturally com9 petent training and educational pro10 grams to all who participate, regard11 less of gender, sexual orientation, or 

12 gender identity, including those with 

13 limited English proficiency, diverse 

14 cultural and ethnic backgrounds, and 

15 disabilities. 

16 ‘‘(C) COORDINATION.—The Secretary shall 

17 coordinate activities under this section, to the 

18 maximum extent practicable, with the Employ19 ment and Training Administration, including 

20 the National Office of Apprenticeship of the 

21 Department of Labor and the Office of Career, 

22 Technical, and Adult Education of the Depart23 ment of Education. 

24 ‘‘(D) AVAILABILITY OF AMOUNTS.— 


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1 ‘‘(i) IN GENERAL.—Not more than 1 

2 percent of amounts made available to a re3 cipient under sections 5307, 5337, and 

4 5339 and not more than 2 percent of 

5 amounts made available to a recipient 

6 under section 5311 is available for expend7 itures by the recipient, with the approval 

8 of the Secretary, to pay not more than 80 

9 percent of the cost of eligible activities 

10 under this subsection. 

11 ‘‘(ii) EXISTING PROGRAMS.—A recipi12 ent may use amounts made available under 

13 clause (i) to carry out existing local edu14 cation and training programs for public 

15 transportation employees supported by the 

16 Secretary, the Department of Labor, or 

17 the Department of Education. 

18 ‘‘(iii) LIMITATION.—Any funds made 

19 available under this section that are used 

20 to fund an apprenticeship or apprentice21 ship program shall only be used for, or 

22 provided to, a registered apprenticeship 

23 program, including any funds awarded for 

24 the purposes of grants, contracts, or coop25 erative agreements, or the development, 


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1 implementation, or administration, of an 

2 apprenticeship or an apprenticeship pro3 gram. 

4 ‘‘(E) DEFINITIONS.—In this paragraph: 

5 ‘‘(i) CAREER PATHWAY.—The term 

6 ‘career pathway’ has the meaning given 

7 such term in section 3 of the Workforce 

8 Innovation and Opportunity Act (29 

9 U.S.C. 3102). 

10 ‘‘(ii) RECOGNIZED POSTSECONDARY

11 CREDENTIAL.—The term ‘recognized post12 secondary credential’ has the meaning 

13 given such term in section 3 of the Work14 force Innovation and Opportunity Act (29 

15 U.S.C. 3102). 

16 ‘‘(iii) REGISTERED APPRENTICESHIP

17 PROGRAM.—The term ‘registered appren18 ticeship program’ means an apprenticeship 

19 program registered with the Department of 

20 Labor or a Federally-recognized State Ap21 prenticeship Agency and that complies with 

22 the requirements under parts 29 and 30 of 

23 title 29, Code of Federal Regulations, as in 

24 effect on January 1, 2019.’’; 

25 (2) in paragraph (3) by striking ‘‘or (2)’’; and 


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1 (3) by striking paragraph (4). 

2 SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

3 Section 5329 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (b)(2)(C)(ii)— 

6 (A) in subclause (I) by striking ‘‘and’’ at 

7 the end; 

8 (B) in subclause (II) by striking the semi9 colon and inserting ‘‘; and’’; and 

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

11 ‘‘(III) innovations in driver as12 sistance technologies and driver pro13 tection infrastructure where appro14 priate, and a reduction in visibility 

15 impairments that contribute to pedes16 trian fatalities;’’; 

17 (2) in subsection (b)(2)— 

18 (A) by redesignating subparagraphs (D) 

19 and (E) as subparagraphs (E) and (F), respec20 tively; and 

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

22 ‘‘(D) in consultation with the Secretary of 

23 the Department of Health and Human Services, 

24 precautionary and reactive actions required to 

25 ensure public and personnel safety and health 


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1 during an emergency as defined in section 

2 5324.’’. 

3 (3) in subsection (d)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A) by inserting 

6 ‘‘the safety committee established under 

7 paragraph (4), and subsequently,’’ before 

8 ‘‘the board of directors’’; 

9 (ii) in subparagraph (C) by striking 

10 ‘‘public, personnel, and property’’ and in11 serting ‘‘public and personnel to injuries, 

12 assaults, fatalities, and, consistent with 

13 guidelines by the Centers for Disease Con14 trol and Prevention, infectious diseases, 

15 and strategies to minimize the exposure of 

16 property’’; 

17 (iii) by striking subparagraph (G) and 

18 inserting the following: 

19 ‘‘(G) a comprehensive staff training pro20 gram for the operations and maintenance per21 sonnel and personnel directly responsible for 

22 safety of the recipient that includes— 

23 ‘‘(i) the completion of a safety train24 ing program; 


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1 ‘‘(ii) continuing safety education and 

2 training; and 

3 ‘‘(iii) de-escalation training; 

4 ‘‘(H) a requirement that the safety com5 mittee only approve a safety plan under sub6 paragraph (A) if such plan stays within such 

7 recipient’s fiscal budget; and 

8 ‘‘(I) a risk reduction program for transit 

9 operations to improve safety by reducing the 

10 number and rates of accidents, injuries, and as11 saults on transit workers using data submitted 

12 to the National Transit Database, including— 

13 ‘‘(i) a reduction of vehicular and pe14 destrian accidents involving buses that in15 cludes measures to reduce visibility impair16 ments for bus operators that contribute to 

17 accidents, including retrofits to buses in 

18 revenue service and specifications for fu19 ture procurements that reduce visibility 

20 impairments; and 

21 ‘‘(ii) transit worker assault mitigation, 

22 including the deployment of assault mitiga23 tion infrastructure and technology on 

24 buses, including barriers to restrict the un25 wanted entry of individuals and objects 


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1 into bus operators’ workstations when a re2 cipient’s risk analysis performed by the 

3 safety committee established in paragraph 

4 (4) determines that such barriers or other 

5 measures would reduce assaults on and in6 juries to transit workers; and’’; and 

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

8 ‘‘(4) SAFETY COMMITTEE.—For purposes of the 

9 approval process of an agency safety plan under 

10 paragraph (1), the safety committee shall be con11 vened by a joint labor-management process and con12 sist of an equal number of— 

13 ‘‘(A) frontline employee representatives, se14 lected by the labor organization representing 

15 the plurality of the frontline workforce em16 ployed by the recipient or if applicable a con17 tractor to the recipient; and 

18 ‘‘(B) employer or State representatives.’’; 

19 and 

20 (4) in subsection (e)(4)(A)(v) by inserting ‘‘, in21 spection,’’ after ‘‘has investigative’’. 

22 SEC. 2603. INNOVATION WORKFORCE STANDARDS. 

23 (a) PROHIBITION ON USE OF FUNDS.—No financial 

24 assistance under chapter 53 of title 49, United States 

25 Code, may be used for— 


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1 (1) an automated vehicle providing public trans2 portation unless— 

3 (A) the recipient of such assistance that 

4 proposes to deploy an automated vehicle pro5 viding public transportation certifies to the Sec6 retary of Transportation that the deployment 

7 does not eliminate or reduce the frequency of 

8 existing public transportation service; and 

9 (B) the Secretary receives, approves, and 

10 publishes the workforce development plan under 

11 subsection (b) submitted by the eligible entity 

12 when required by subsection (b)(1); and 

13 (2) a mobility on demand service unless— 

14 (A) the recipient of such assistance that 

15 proposes to deploy a mobility on demand service 

16 certifies to the Secretary that the service meets 

17 the criteria under section 5307, 5310, 5311, 

18 5312, or 5316 of title 49, United States Code; 

19 and 

20 (B) the Secretary receives, approves, and 

21 publishes the workforce development plan under 

22 subsection (b) submitted by the eligible entity 

23 when required by subsection (b)(1). 

24 (b) WORKFORCE DEVELOPMENT PLAN.— 


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1 (1) IN GENERAL.—A recipient of financial as2 sistance under chapter 53 of title 49, United States 

3 Code, proposing to deploy an automated vehicle pro4 viding public transportation or mobility on demand 

5 service shall submit to the Secretary, prior to imple6 mentation of such service, a workforce development 

7 plan if such service, combined with any other auto8 mated vehicle providing public transportation or mo9 bility on demand service offered by such recipient, 

10 would exceed more than 0.5 percent of the recipi11 ent’s total annual transit passenger miles traveled. 

12 (2) CONTENTS.—The workforce development 

13 plan under subsection (a) shall include the following: 

14 (A) A description of services offered by ex15 isting conventional modes of public transpor16 tation in the area served by the recipient that 

17 could be affected by the proposed automated ve18 hicle providing public transportation or mobility 

19 on demand service, including jobs and functions 

20 of such jobs. 

21 (B) A forecast of the number of jobs pro22 vided by existing conventional modes of public 

23 transportation that would be eliminated or that 

24 would be substantially changed and the number 

25 of jobs expected to be created by the proposed 


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1 automated vehicle providing public transpor2 tation or mobility on demand service over a 5- 

3 year period from the date of the publication of 

4 the workforce development plan. 

5 (C) Identified gaps in skills needed to op6 erate and maintain the proposed automated ve7 hicle providing public transportation or mobility 

8 on demand service. 

9 (D) A comprehensive plan to transition, 

10 train, or retrain employees that could be af11 fected by the proposed automated vehicle pro12 viding public transportation or mobility on de13 mand service. 

14 (E) An estimated budget to transition, 

15 train, or retrain employees impacted by the pro16 posed automated vehicle providing public trans17 portation or mobility on demand service over a 

18 5-year period from the date of the publication 

19 of the workforce development plan. 

20 (c) NOTICE REQUIRED.— 

21 (1) IN GENERAL.—A recipient of financial as22 sistance under chapter 53 of title 49, United States 

23 Code, shall issue a notice to employees who, due to 

24 the use of an automated vehicle providing public 

25 transportation or mobility on demand service, may 


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1 be subjected to a loss of employment or a change in 

2 responsibilities not later than 60 days before signing 

3 a contract for such service or procurement. A recipi4 ent shall provide employees copies of a request for 

5 a proposal related to an automated vehicle providing 

6 public transportation or mobility on demand services 

7 at the time such request is issued. 

8 (2) CONTENT.—The notice required in para9 graph (1) shall include the following: 

10 (A) A description of the automated vehicle 

11 providing public transportation or mobility on 

12 demand service. 

13 (B) The impact of the automated vehicle 

14 providing public transportation or mobility on 

15 demand service on employment positions, in16 cluding a description of which employment posi17 tions will be affected and whether any new posi18 tions will be created. 

19 (d) DEFINITIONS.—In this section: 

20 (1) AUTOMATED VEHICLE.—The term ‘‘auto21 mated vehicle’’ means a motor vehicle that— 

22 (A) is capable of performing the entire 

23 task of driving (including steering, accelerating 

24 and decelerating, and reacting to external stim25 ulus) without human intervention; and 


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1 (B) is designed to be operated exclusively 

2 by a Level 4 or Level 5 automated driving sys3 tem for all trips according to the recommended 

4 practice standards published on June 15, 2018, 

5 by the Society of Automotive Engineers Inter6 national (J3016l201806) or equivalent stand7 ards adopted by the Secretary with respect to 

8 automated motor vehicles. 

9 (2) MOBILITY ON DEMAND.—The term ‘‘mobil10 ity on demand’’ has the meaning given such term in 

11 section 5316 of title 49, United States Code. 

12 (3) PUBLIC TRANSPORTATION.—The term 

13 ‘‘public transportation’’ has the meaning given such 

14 term in section 5302 of title 49, United States Code. 

15 (e) SAVINGS CLAUSE.—Nothing in this section shall 

16 prohibit the use of funds for an eligible activity or pilot 

17 project of a covered recipient authorized under current law 

18 prior to the date of enactment of this Act. 

19 SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET 

20 ASIDES. 

21 Section 5329(d)(2) of title 49, United States Code, 

22 is amended to read as follows: 

23 ‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS24 URES.— 


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1 ‘‘(A) IN GENERAL.—The safety committee 

2 described in paragraph (4) shall establish per3 formance measures for the risk reduction pro4 gram in paragraph (1)(I) using a 3-year rolling 

5 average of the data submitted by the recipient 

6 to the National Transit Database. 

7 ‘‘(B) SAFETY SET ASIDE.—With respect to 

8 a recipient serving an urbanized area that re9 ceives funds under section 5307, such recipient 

10 shall allocate not less than 0.75 percent of such 

11 funds to projects eligible under section 5307. 

12 ‘‘(C) FAILURE TO MEET PERFORMANCE

13 MEASURES.—Any recipient that receives funds 

14 under section 5307 that does not meet the per15 formance measures established in subparagraph 

16 (A) shall allocate the amount made available in 

17 subparagraph (B) in the following fiscal year to 

18 projects described in subparagraph (D). 

19 ‘‘(D) ELIGIBLE PROJECTS.—Funds set 

20 aside under this paragraph shall be used for 

21 projects that are reasonably likely to meet the 

22 performance measures established in subpara23 graph (A), including modifications to rolling 

24 stock and de-escalation training.’’. 


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1 SEC. 2605. U.S. EMPLOYMENT PLAN. 

2 (a) IN GENERAL.—Chapter 53 of title 49, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 5341. U.S. Employment Plan 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) COMMITMENT TO HIGH-QUALITY CAREER

8 AND BUSINESS OPPORTUNITIES.—The term ‘com9 mitment to high-quality career and business oppor10 tunities’ means participation in a registered appren11 ticeship program. 

12 ‘‘(2) COVERED INFRASTRUCTURE PROGRAM.— 

13 The term ‘covered infrastructure program’ means 

14 any activity under program or project under this 

15 chapter for the purchase or acquisition of rolling 

16 stock. 

17 ‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. 

18 Employment Plan’ means a plan under which an en19 tity receiving Federal assistance for a project under 

20 a covered infrastructure program shall— 

21 ‘‘(A) include in a request for proposal an 

22 encouragement for bidders to include, with re23 spect to the project— 

24 ‘‘(i) high-quality wage, benefit, and 

25 training commitments by the bidder and 


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1 the supply chain of the bidder for the 

2 project; and 

3 ‘‘(ii) a commitment to recruit and hire 

4 individuals described in subsection (e) if 

5 the project results in the hiring of employ6 ees not currently or previously employed by 

7 the bidder and the supply chain of the bid8 der for the project; 

9 ‘‘(B) give preference for the award of the 

10 contract to a bidder that includes the commit11 ments described in clauses (i) and (ii) of sub12 paragraph (A); and 

13 ‘‘(C) ensure that each bidder that includes 

14 the commitments described in clauses (i) and 

15 (ii) of subparagraph (A) that is awarded a con16 tract complies with those commitments. 

17 ‘‘(4) REGISTERED APPRENTICESHIP PRO18 GRAM.—The term ‘registered apprenticeship pro19 gram’ means an apprenticeship program registered 

20 under the Act of August 16, 1937 (commonly known 

21 as the ‘National Apprenticeship Act’; 50 Stat. 664, 

22 chapter 663; 29 U.S.C. 50 et seq.), including any re23 quirement, standard, or rule promulgated under 

24 such Act, as such requirement, standard, or rule was 

25 in effect on December 30, 2019. 


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1 ‘‘(b) BEST-VALUE FRAMEWORK.—To the maximum 

2 extent practicable, a recipient of assistance under a cov3 ered infrastructure program is encouraged— 

4 ‘‘(1) to ensure that each dollar invested in in5 frastructure uses a best-value contracting framework 

6 to maximize the local value of federally funded con7 tracts by evaluating bids on price and other tech8 nical criteria prioritized in the bid, such as— 

9 ‘‘(A) equity; 

10 ‘‘(B) environmental and climate justice; 

11 ‘‘(C) impact on greenhouse gas emissions; 

12 ‘‘(D) resilience; 

13 ‘‘(E) the results of a 40-year life-cycle 

14 analysis; 

15 ‘‘(F) safety; 

16 ‘‘(G) commitment to creating or sustaining 

17 high-quality job opportunities affiliated with 

18 registered apprenticeship programs (as defined 

19 in subsection (a)(3)) for disadvantaged or 

20 underrepresented individuals in infrastructure 

21 industries in the United States; and 

22 ‘‘(H) access to jobs and essential services 

23 by all modes of travel for all users, including in24 dividuals with disabilities; and 


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1 ‘‘(2) to ensure community engagement, trans2 parency, and accountability in carrying out each 

3 stage of the project. 

4 ‘‘(c) PREFERENCE FOR REGISTERED APPRENTICE5 SHIP PROGRAMS.—To the maximum extent practicable, a 

6 recipient of assistance under a covered infrastructure pro7 gram, with respect to the project for which the assistance 

8 is received, shall give preference to a bidder that dem9 onstrates a commitment to high-quality job opportunities 

10 affiliated with registered apprenticeship programs. 

11 ‘‘(d) USE OF U.S. EMPLOYMENT PLAN.—Notwith12 standing any other provision of law, in carrying out a 

13 project under a covered infrastructure program that re14 ceives assistance under this chapter, the recipient shall use 

15 a U.S. Employment Plan for each contract of $10,000,000 

16 or more for the purchase of manufactured goods or of 

17 services, based on an independent cost estimate. 

18 ‘‘(e) PRIORITY.—The Secretary shall ensure that the 

19 entity carrying out a project under the covered infrastruc20 ture program gives priority to— 

21 ‘‘(1) individuals with a barrier to employment 

22 (as defined in section 3 of the Workforce Innovation 

23 and Opportunity Act (29 U.S.C. 3102)), including 

24 ex-offenders and disabled individuals; 

25 ‘‘(2) veterans; and 


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1 ‘‘(3) individuals that represent populations that 

2 are traditionally underrepresented in the infrastruc3 ture workforce, such as women and racial and ethnic 

4 minorities. 

5 ‘‘(f) REPORT.—Not less frequently than once each 

6 fiscal year, the Secretary shall jointly submit to Congress 

7 a report describing the implementation of this section. 

8 ‘‘(g) INTENT OF CONGRESS.— 

9 ‘‘(1) IN GENERAL.—It is the intent of Con10 gress— 

11 ‘‘(A) to encourage recipients of Federal as12 sistance under covered infrastructure programs 

13 to use a best-value contracting framework de14 scribed in subsection (b) for the purchase of 

15 goods and services; 

16 ‘‘(B) to encourage recipients of Federal as17 sistance under covered infrastructure programs 

18 to use preferences for registered apprenticeship 

19 programs as described in subsection (c) when 

20 evaluating bids for projects using that assist21 ance; 

22 ‘‘(C) to require that recipients of Federal 

23 assistance under covered infrastructure pro24 grams use the U.S. Employment Plan in carVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 rying out the project for which the assistance 

2 was provided; and 

3 ‘‘(D) that full and open competition under 

4 covered infrastructure programs means a proce5 dural competition that prevents corruption, fa6 voritism, and unfair treatment by recipient 

7 agencies. 

8 ‘‘(2) INCLUSION.—A best-value contracting 

9 framework described in subsection (b) is a frame10 work that authorizes a recipient of Federal assist11 ance under a covered infrastructure program, in 

12 awarding contracts, to evaluate a range of factors, 

13 including price, the quality of products, the quality 

14 of services, and commitments to the creation of good 

15 jobs for all people in the United States.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 53 of title 49, United States Code, is amended by add18 ing at the end the following: 

‘‘5341. U.S. Employment Plan.’’. 

19 SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DE20 VELOPMENT. 

21 Section 5314(a) of title 49, Unites States Code, is 

22 amended— 

23 (1) in paragraph (2)— 

24 (A) in subparagraph (H) by striking ‘‘and’’ 

25 at the end; 


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1 (B) by redesignating subparagraph (I) as 

2 subparagraph (J); and 

3 (C) by inserting after subparagraph (H) 

4 the following: 

5 ‘‘(I) provide innovation and capacity-build6 ing to rural and tribal public transportation re7 cipients that do not duplicate the activities of 

8 sections 5311(b) or 5312; and’’; and 

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

10 ‘‘(4) AVAILABILITY OF AMOUNTS.—Of the 

11 amounts made available to carry out this section 

12 under section 5338(c), $1,500,000 shall be available 

13 to carry out activities described in paragraph 

14 (2)(I).’’. 

15 Subtitle G—Transit-Supportive 

16 Communities 

17 SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES. 

18 (a) IN GENERAL.—Chapter 53 of title 49, United 

19 States Code, is amended by inserting after section 5327 

20 the following: 

21 ‘‘§ 5328. Transit-supportive communities 

22 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab23 lish within the Federal Transit Administration, an Office 

24 of Transit-Supportive Communities to make grants, pro25 vide technical assistance, and assist in the coordination 


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1 of transit and housing policies within the Federal Transit 

2 Administration, the Department of Transportation, and 

3 across the Federal Government. 

4 ‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLANNING

5 GRANT PROGRAM.— 

6 ‘‘(1) DEFINITION.—In this subsection the term 

7 ‘eligible project’ means— 

8 ‘‘(A) a new fixed guideway capital project 

9 or a core capacity improvement project as de10 fined in section 5309; 

11 ‘‘(B) an existing fixed guideway system, or 

12 an existing station that is served by a fixed 

13 guideway system; or 

14 ‘‘(C) the immediate corridor along the 

15 highest 25 percent of routes by ridership as 

16 demonstrated in section 5336(b)(2)(B). 

17 ‘‘(2) GENERAL AUTHORITY.—The Secretary 

18 may make grants under this subsection to a State, 

19 local governmental authority, or metropolitan plan20 ning organization to assist in financing comprehen21 sive planning associated with an eligible project that 

22 seeks to— 

23 ‘‘(A) enhance economic development, rider24 ship, equity, reduction of greenhouse gas emis25 sions, or other goals established during the 


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1 project development and engineering processes 

2 or the grant application; 

3 ‘‘(B) facilitate multimodal connectivity and 

4 accessibility; 

5 ‘‘(C) increase access to transit hubs for pe6 destrian and bicycle traffic; 

7 ‘‘(D) enable mixed-use development; 

8 ‘‘(E) identify infrastructure needs associ9 ated with the eligible project; and 

10 ‘‘(F) include private sector participation. 

11 ‘‘(3) ELIGIBILITY.—A State, local governmental 

12 authority, or metropolitan planning organization 

13 that desires to participate in the program under this 

14 subsection shall submit to the Secretary an applica15 tion that contains at a minimum— 

16 ‘‘(A) an identification of an eligible project; 

17 ‘‘(B) a schedule and process for the devel18 opment of a comprehensive plan; 

19 ‘‘(C) a description of how the eligible 

20 project and the proposed comprehensive plan 

21 advance the metropolitan transportation plan of 

22 the metropolitan planning organization; 

23 ‘‘(D) proposed performance criteria for the 

24 development and implementation of the com25 prehensive plan; 


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1 ‘‘(E) a description of how the project will 

2 advance equity and reduce and mitigate social 

3 and economic impacts on existing residents and 

4 businesses and communities historically ex5 cluded from economic opportunities vulnerable 

6 to displacement; and 

7 ‘‘(F) identification of— 

8 ‘‘(i) partners; 

9 ‘‘(ii) availability of and authority for 

10 funding; and 

11 ‘‘(iii) potential State, local or other 

12 impediments to the implementation of the 

13 comprehensive plan. 

14 ‘‘(4) COST SHARE.—A grant under this sub15 section shall not exceed an amount in excess of 80 

16 percent of total project costs, except that a grant 

17 that includes an affordable housing component shall 

18 not exceed an amount in excess of 90 percent of 

19 total project costs. 

20 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

21 provide technical assistance to States, local governmental 

22 authorities, and metropolitan planning organizations in 

23 the planning and development of transit-oriented develop24 ment projects and transit supportive corridor policies, in25 cluding— 


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1 ‘‘(1) the siting, planning, financing, and inte2 gration of transit-oriented development projects; 

3 ‘‘(2) the integration of transit-oriented develop4 ment and transit-supportive corridor policies in the 

5 preparation for and development of an application 

6 for funding under section 602 of title 23; 

7 ‘‘(3) the siting, planning, financing, and inte8 gration of transit-oriented development and transit 

9 supportive corridor policies associated with projects 

10 under section 5309; 

11 ‘‘(4) the development of housing feasibility as12 sessments as allowed under section 5309(g)(3)(B); 

13 ‘‘(5) the development of transit-supportive cor14 ridor policies that promote transit ridership and 

15 transit-oriented development; 

16 ‘‘(6) the development, implementation, and 

17 management of land value capture programs; and 

18 ‘‘(7) the development of model contracts, model 

19 codes, and best practices for the implementation of 

20 transit-oriented development projects and transit21 supportive corridor policies. 

22 ‘‘(d) VALUE CAPTURE POLICY REQUIREMENTS.— 

23 ‘‘(1) VALUE CAPTURE POLICY.—Not later than 

24 October 1 of the fiscal year that begins 2 years after 

25 the date of enactment of this section, the Secretary, 


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1 in collaboration with State departments of transpor2 tation, metropolitan planning organizations, and re3 gional council of governments, shall establish vol4 untary and consensus-based value capture stand5 ards, policies, and best practices for State and local 

6 value capture mechanisms that promote greater in7 vestments in public transportation and affordable 

8 transit-oriented development. 

9 ‘‘(2) REPORT.—Not later than 15 months after 

10 the date of enactment of this section, the Secretary 

11 shall make available to the public a report cataloging 

12 examples of State and local laws and policies that 

13 provide for value capture and value sharing that pro14 mote greater investment in public transportation and 

15 affordable transit-oriented development. 

16 ‘‘(d) EQUITY.—In providing technical assistance 

17 under subsection (c), the Secretary shall incorporate strat18 egies to promote equity for underrepresented and under19 served communities, including— 

20 ‘‘(1) preventing displacement of existing resi21 dents and businesses; 

22 ‘‘(2) mitigating rent and housing price in23 creases; 

24 ‘‘(3) incorporating affordable rental and owner25 ship housing in transit-oriented development; 


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1 ‘‘(4) engaging under-served, limited English 

2 proficiency, low income, and minority communities 

3 in the planning process; 

4 ‘‘(5) fostering economic development opportuni5 ties for existing residents and businesses; and 

6 ‘‘(6) targeting affordable housing that help less7 en homelessness. 

8 ‘‘(d) AUTHORITY TO REQUEST STAFFING ASSIST9 ANCE.—In fulfilling the duties of this section, the Sec10 retary shall, as needed, request staffing and technical as11 sistance from other Federal agencies, programs, adminis12 trations, boards, or commissions. 

13 ‘‘(e) REVIEW EXISTING POLICIES AND PROGRAMS.— 

14 Not later than 24 months after the date of enactment of 

15 this section, the Secretary shall review and evaluate all 

16 existing policies and programs within the Federal Transit 

17 Administration that support or promote transit-oriented 

18 development to ensure their coordination and effectiveness 

19 relative to the goals of this section. 

20 ‘‘(f) REPORTING.—Not later than February 1 of each 

21 year beginning the year after the date of enactment of 

22 this section, the Secretary shall prepare a report detailing 

23 the grants and technical assistance provided under this 

24 section, the number of affordable housing units con25 structed or planned as a result of projects funded in this 


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1 section, and the number of affordable housing units con2 structed or planned as a result of a property transfer 

3 under section 5334(h)(1). The report shall be provided to 

4 the Committee on Transportation and Infrastructure of 

5 the House of Representatives and the Committee on 

6 Banking, Housing, and Urban Affairs of the Senate. 

7 ‘‘(g) SAVINGS CLAUSE.—Nothing in this section au8 thorizes the Secretary to provide any financial assistance 

9 for the construction of housing. 

10 ‘‘(h) PRIORITY FOR LOW-INCOME AREAS.—In award11 ing grants under this section, the Secretary shall give pri12 ority to projects under this section that expand or build 

13 transit in low-income areas or that provide access to public 

14 transportation to low-income areas that do not have access 

15 to public transportation.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 53 of title 49, United States Code, is amended by in18 serting after the item relating to section 5327 the fol19 lowing: 

‘‘5328. Transit-supportive communities.’’. 

20 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

21 Section 20005 of the MAP–21 (Public Law 112–141) is 

22 amended— 

23 (1) by striking ‘‘(a) AMENDMENT.—’’; and 

24 (2) by striking subsection (b). 


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1 SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE 

2 HOUSING. 

3 Section 5334(h)(1) of title 49, United States Code, 

4 is amended to read as follows: 

5 ‘‘(1) IN GENERAL.—If a recipient of assistance 

6 under this chapter decides an asset acquired under 

7 this chapter at least in part with that assistance is 

8 no longer needed for the purpose for which such 

9 asset was acquired, the Secretary may authorize the 

10 recipient to transfer such asset to— 

11 ‘‘(A) a local governmental authority to be 

12 used for a public purpose with no further obli13 gation to the Government if the Secretary de14 cides— 

15 ‘‘(i) the asset will remain in public use 

16 for at least 5 years after the date the asset 

17 is transferred; 

18 ‘‘(ii) there is no purpose eligible for 

19 assistance under this chapter for which the 

20 asset should be used; 

21 ‘‘(iii) the overall benefit of allowing 

22 the transfer is greater than the interest of 

23 the Government in liquidation and return 

24 of the financial interest of the Government 

25 in the asset, after considering fair market 

26 value and other factors; and 


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1 ‘‘(iv) through an appropriate screen2 ing or survey process, that there is no in3 terest in acquiring the asset for Govern4 ment use if the asset is a facility or land; 

5 or 

6 ‘‘(B) a local governmental authority, non7 profit organization, or other third party entity 

8 to be used for the purpose of transit-oriented 

9 development with no further obligation to the 

10 Government if the Secretary decides— 

11 ‘‘(i) the asset is a necessary compo12 nent of a proposed transit-oriented devel13 opment project; 

14 ‘‘(ii) the transit-oriented development 

15 project will increase transit ridership; 

16 ‘‘(iii) at least 40 percent of the hous17 ing units offered in the transit-oriented de18 velopment , including housing units owned 

19 by nongovernmental entities, are legally 

20 binding affordability restricted to tenants 

21 with incomes at or below 60 percent of the 

22 area median income and/or owners with in23 comes at or below 60 percent the area me24 dian income; 


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1 ‘‘(iv) the asset will remain in use as 

2 described in this section for at least 30 

3 years after the date the asset is trans4 ferred; and 

5 ‘‘(v) with respect to a transfer to a 

6 third party entity— 

7 ‘‘(I) a local government authority 

8 or nonprofit organization is unable to 

9 receive the property; 

10 ‘‘(II) the overall benefit of allow11 ing the transfer is greater than the in12 terest of the Government in liquida13 tion and return of the financial inter14 est of the Government in the asset, 

15 after considering fair market value 

16 and other factors; and 

17 ‘‘(III) the third party has dem18 onstrated a satisfactory history of 

19 construction or operating an afford20 able housing development.’’. 

21 SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL 

22 INVESTMENT GRANTS. 

23 Section 5309 of title 49, United States Code, is fur24 ther amended— 

25 (1) in subsection (g)— 


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1 (A) in paragraph (2)(B)— 

2 (i) in clause (i) by striking ‘‘; and’’ 

3 and inserting a semicolon; 

4 (ii) in clause (ii) by striking the pe5 riod and inserting ‘‘; and’’; and 

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

8 ‘‘(iii) in the case of a new fixed guide9 way capital project or a core capacity im10 provement project, allow a weighting 5 per11 centage points greater to the economic de12 velopment criterion and 5 percentage 

13 points lesser to the lowest scoring criterion 

14 if the applicant demonstrates substantial 

15 efforts to preserve or encourage affordable 

16 housing near the project by providing doc17 umentation of policies that allow by-right 

18 multi-family housing, single room occu19 pancy units, or accessory dwelling units, 

20 providing local capital sources for transit21 oriented development, or demonstrate other 

22 methods as determined by the Secretary.’’; 

23 and 

24 (B) in paragraph (3) by adding at the end 

25 the following: 


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1 ‘‘(B) establish a warrant that applies to 

2 the economic development project justification 

3 criteria, provided that the applicant that re4 quests a warrant under this process has com5 pleted and submitted a housing feasibility as6 sessment.’’; and 

7 (2) in subsection (l)(4) by adding at the end the 

8 following: 

9 ‘‘(E) from grant proceeds distributed 

10 under section 103 of the Housing and Commu11 nity Development Act of 1974 (42 U.S.C. 

12 5303) or section 201 of the Public Works and 

13 Economic Development Act of 1965 (42 U.S.C. 

14 3141) provided that— 

15 ‘‘(i) such funds are used in conjunc16 tion with the planning or development of 

17 affordable housing; and 

18 ‘‘(ii) such affordable housing is lo19 cated within one-half of a mile of a new 

20 station.’’. 

21 Subtitle H—Innovation 

22 SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM. 

23 Section 5312(d) of title 49, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(3) MOBILITY INNOVATION SANDBOX PRO2 GRAM.—The Secretary may make funding available 

3 under this subsection to carry out research on mobil4 ity on demand and mobility as a service activities eli5 gible under section 5316.’’. 

6 SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDE7 SIGN PROGRAM. 

8 Section 5312(d) of title 49, United States Code, is 

9 further amended by adding at the end the following: 

10 ‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT

11 REDESIGN PROGRAM.— 

12 ‘‘(A) IN GENERAL.—The Secretary may 

13 make funding available under this subsection to 

14 carry out research on redesigning transit bus 

15 operator compartments to improve safety, oper16 ational efficiency, and passenger accessibility. 

17 ‘‘(B) OBJECTIVES.—Research objectives 

18 under this paragraph shall include— 

19 ‘‘(i) increasing bus operator safety 

20 from assaults; 

21 ‘‘(ii) optimizing operator visibility and 

22 reducing operator distractions to improve 

23 safety of bus passengers, pedestrians, 

24 bicyclists, and other roadway users; 


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1 ‘‘(iii) expanding passenger accessi2 bility for positive interactions between op3 erators and passengers, including assisting 

4 passengers in need of special assistance; 

5 ‘‘(iv) accommodating compliance for 

6 passenger boarding, alighting, and secure7 ment with the Americans with Disabilities 

8 Act of 1990 (42 U.S.C. 12101 et seq.); 

9 and 

10 ‘‘(v) improving ergonomics to reduce 

11 bus operator work-related health issues 

12 and injuries, as well as locate key instru13 ment and control interfaces to improve 

14 operational efficiency and convenience. 

15 ‘‘(C) ACTIVITIES.—Eligible activities under 

16 this paragraph shall include— 

17 ‘‘(i) measures to reduce visibility im18 pairments and distractions for bus opera19 tors that contribute to accidents, including 

20 retrofits to buses in revenue service and 

21 specifications for future procurements that 

22 reduce visibility impairments and distrac23 tions; 

24 ‘‘(ii) the deployment of assault mitiga25 tion infrastructure and technology on 


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1 buses, including barriers to restrict the un2 wanted entry of individuals and objects 

3 into bus operators’ workstations; 

4 ‘‘(iii) technologies to improve pas5 senger accessibility, including boarding, 

6 alighting, and securement in compliance 

7 with the Americans with Disabilities Act of 

8 1990 (42 U.S.C. 12101 et seq.); 

9 ‘‘(iv) installation of seating and modi10 fication to design specifications of bus op11 erator workstations that reduce or prevent 

12 injuries from ergonomic risks; or 

13 ‘‘(v) other measures that align with 

14 the objectives under subparagraph (B). 

15 ‘‘(D) ELIGIBLE ENTITIES.—Entities eligi16 ble to receive funding under this paragraph 

17 shall include consortia consisting of, at a min18 imum: 

19 ‘‘(i) recipients of funds under this 

20 chapter that provide public transportation 

21 services; 

22 ‘‘(ii) transit vehicle manufacturers; 

23 ‘‘(iii) representatives from organiza24 tions engaged in collective bargaining on 


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1 behalf of transit workers in not fewer than 

2 three States; and 

3 ‘‘(iv) any nonprofit institution of high4 er education, as defined in section 101 of 

5 the Higher Education Act of 1965 (20 

6 U.S.C. 1001).’’. 

7 SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY 

8 COUNTS INITIATIVE. 

9 Section 5312 of title 49, United States Code, as 

10 amended by section 2503, is further amended by adding 

11 at the end the following: 

12 ‘‘(k) EVERY DAY COUNTS INITIATIVE.— 

13 ‘‘(1) IN GENERAL.—It is in the national inter14 est for the Department of Transportation and recipi15 ents of Federal public transportation funds— 

16 ‘‘(A) to identify, accelerate, and deploy in17 novation aimed at expediting project delivery, 

18 enhancing the safety of transit systems of the 

19 United States, and protecting the environment; 

20 ‘‘(B) to ensure that the planning, design, 

21 engineering, construction, and financing of 

22 transportation projects is done in an efficient 

23 and effective manner; 


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1 ‘‘(C) to promote the rapid deployment of 

2 proven solutions that provide greater account3 ability for public investments; and 

4 ‘‘(D) to create a culture of innovation 

5 within the transit community. 

6 ‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To 

7 advance the policies described in paragraph (1), the 

8 Administrator of the Federal Transit Administration 

9 shall adopt the Every Day Counts initiative to work 

10 with recipients to identify and deploy the proven in11 novation practices and products that— 

12 ‘‘(A) accelerate innovation deployment; 

13 ‘‘(B) expedite the project delivery process; 

14 ‘‘(C) improve environmental sustainability; 

15 ‘‘(D) enhance transit safety; 

16 ‘‘(E) expand mobility; and 

17 ‘‘(F) reduce greenhouse gas emissions. 

18 ‘‘(3) CONSIDERATION.—In accordance with the 

19 Every Day Counts goals described in paragraphs (1) 

20 and (2), the Administrator shall consider research 

21 conducted through the university transportation cen22 ters program in section 5505. 

23 ‘‘(4) INNOVATION DEPLOYMENT.— 

24 ‘‘(A) IN GENERAL.—At least every 2 years, 

25 the Administrator shall work collaboratively 


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1 with recipients to identify a new collection of in2 novations, best practices, and data to be de3 ployed to recipients through case studies, 

4 webinars, and demonstration projects. 

5 ‘‘(B) REQUIREMENTS.—In identifying a 

6 collection described in subparagraph (A), the 

7 Secretary shall take into account market readi8 ness, impacts, benefits, and ease of adoption of 

9 the innovation or practice. 

10 ‘‘(5) PUBLICATION.—Each collection identified 

11 under paragraph (4) shall be published by the Ad12 ministrator on a publicly available website. 

13 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

14 this subsection may be construed to allow the Sec15 retary to waive any requirement under any other 

16 provision of Federal law.’’. 

17 SEC. 2804. TECHNICAL CORRECTIONS. 

18 Section 5312 of title 49, United States Code, as 

19 amended in section 2503 and 2803, is further amended— 

20 (1) in subsection (e)— 

21 (A) in paragraph (3)(C) by striking ‘‘low 

22 or no emission vehicles, zero emission vehicles,’’ 

23 and inserting ‘‘zero emission vehicles’’; and 

24 (B) by striking paragraph (6) and insert25 ing the following: 


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1 ‘‘(6) ZERO EMISSION VEHICLE DEFINED.—In 

2 this subsection, the term ‘zero emission vehicle’ 

3 means a passenger vehicle used to provide public 

4 transportation that produces no carbon or particu5 late matter.’’; 

6 (2) by redesignating the first subsection (g) as 

7 subsection (f); and 

8 (3) in subsection (h)— 

9 (A) in the header by striking ‘‘LOW OR NO

10 EMISSION’’ and inserting ‘‘ZERO EMISSION’’; 

11 (B) in paragraph (1)— 

12 (i) by striking subparagraph (B) and 

13 inserting the following: 

14 ‘‘(B) the term ‘zero emission vehicle’ has 

15 the meaning given such term in subsection 

16 (e)(6);’’; and 

17 (ii) in subparagraph (D) by striking 

18 ‘‘low or no emission vehicle’’ and inserting 

19 ‘‘zero emission vehicle’’ each place such 

20 term appears; 

21 (C) in paragraph (2)— 

22 (i) in the heading by striking ‘‘LOW

23 OR NO EMISSION’’ and inserting ‘‘ZERO

24 EMISSION’’; and 


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1 (ii) by striking ‘‘low or no emission’’ 

2 and inserting ‘‘zero emission’’ each place 

3 such term appears; 

4 (D) in paragraph (3) by striking ‘‘low or 

5 no emission’’ and inserting ‘‘zero emission’’ 

6 each place such term appears; and 

7 (E) in paragraph (5)(A) by striking ‘‘low 

8 or no emission’’ and inserting ‘‘zero emission’’. 

9 SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT 

10 BUS DEVELOPMENT PROGRAM. 

11 (a) ESTABLISHMENT.—The Secretary of Transpor12 tation shall establish a national advanced technology tran13 sit bus development program to facilitate the development 

14 and testing of commercially viable advanced technology 

15 transit buses that do not exceed a Level 3 automated driv16 ing system and related infrastructure. 

17 (b) AUTHORIZATION.—There shall be available 

18 $20,000,000 for each of fiscal years 2021 through 2025. 

19 (c) GRANTS.—The Secretary may enter into grants, 

20 contracts, and cooperative agreements with no more than 

21 three geographically diverse nonprofit organizations and 

22 recipients under chapter 53 of title 49, United States 

23 Code, to facilitate the development and testing of commer24 cially viable advance technology transit buses and related 

25 infrastructure. 


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1 (d) CONSIDERATIONS.— 

2 (1) IN GENERAL.—The Secretary shall consider 

3 the applicant’s— 

4 (A) ability to contribute significantly to 

5 furthering advanced technologies as it relates to 

6 transit bus operations, including advanced driv7 er assistance systems, automatic emergency 

8 braking, accessibility, and energy efficiency; 

9 (B) financing plan and cost share poten10 tial; 

11 (C) technical experience developing or test12 ing advanced technologies in transit buses; 

13 (D) commitment to frontline worker in14 volvement; and 

15 (E) other criteria that the Secretary deter16 mines are necessary to carry out the program. 

17 (2) RULE OF CONSTRUCTION.—Nothing in this 

18 subsection may be construed to allow the Secretary 

19 to waive any requirement under any other provision 

20 of Federal law. 

21 (e) COMPETITIVE GRANT SELECTION.—The Sec22 retary shall conduct a national solicitation for applications 

23 for grants under the program. Grant recipients shall be 

24 selected on a competitive basis. The Secretary shall give 

25 priority consideration to applicants that have successfully 


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1 managed advanced transportation technology projects, in2 cluding projects related to public transportation oper3 ations for a period of not less than 5 years. 

4 (f) CONSORTIA.—As a condition of receiving an 

5 award in (c), the Secretary shall ensure— 

6 (1) that the selected non-profit recipients subse7 quently establish a consortia for each proposal sub8 mitted, including representatives from a labor union, 

9 transit agency, an FTA-designated university bus 

10 and component testing center, a Buy America com11 pliant transit bus manufacturer, and others as deter12 mined by the Secretary; 

13 (2) that no proposal selected would decrease 

14 workplace or passenger safety; and 

15 (3) that no proposal selected would undermine 

16 the creation of high-quality jobs or workforce sup17 port and development programs. 

18 (g) FEDERAL SHARE.—The Federal share of costs 

19 of the program shall be provided from funds made avail20 able to carry out this section. The Federal share of the 

21 cost of a project carried out under the program shall not 

22 exceed 80 percent of such cost. 

23 SEC. 2806. PUBLIC TRANSPORTATION INNOVATION. 

24 Section 5312(h)(2) of title 49, United States Code, 

25 is amended by striking subparagraph (G). 


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1 SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND 

2 REUSE. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary of Transpor5 tation shall issue regulations that, notwithstanding any 

6 other provision of law, allow recipients of funds under 

7 chapter 53 of title 49, United States Code, at the option 

8 of the recipient, to repurpose, recycle, reuse, sell, or lease 

9 transit vehicle batteries that are beyond the useful service 

10 life of such batteries for the purpose of transit vehicle pro11 pulsion and component parts of such batteries. 

12 (b) CONSIDERATIONS.—In issuing regulations under 

13 subsection (a), the Secretary shall prioritize second life ap14 plications that— 

15 (1) maximize the full use of transit vehicle bat16 teries beyond the useful life of such batteries for 

17 transit vehicle propulsion and component parts of 

18 such batteries; 

19 (2) enhance the reuse and recycling of transit 

20 vehicle batteries, components, and component critical 

21 minerals of such batteries; 

22 (3) reduce costs for recipients; 

23 (4) create new streams of revenue for recipi24 ents; 


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1 (5) support the provision of zero emission pub2 lic transportation service, which may include the use 

3 of wayside charging; and 

4 (6) enhance the resilience of public transpor5 tation and the electric vehicle supply equipment net6 work, which may include the use of batteries for en7 ergy storage. 

8 (c) SECOND LIFE APPLICATIONS DEFINED.—In this 

9 section, the term ‘‘second life applications’’ means the 

10 repurposing, recycling, reuse, sale, or leasing of a transit 

11 vehicle battery that is beyond the useful service life for 

12 the purpose of transit vehicle propulsion and component 

13 parts of such battery, but that retains utility for other ap14 plications. 

15 Subtitle I—Other Program 

16 Reauthorizations 

17 SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVEN18 TIVE MAINTENANCE PROJECTS FOR WASH19 INGTON METROPOLITAN AREA TRANSIT AU20 THORITY. 

21 Section 601 of the Passenger Rail Investment and 

22 Improvement Act of 2008 (Public Law 110–432) is 

23 amended— 


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1 (1) in subsection (b) by striking ‘‘The Federal’’ 

2 and inserting ‘‘Except as provided in subsection 

3 (e)(2), the Federal’’; 

4 (2) by striking subsections (d) through (f) and 

5 inserting the following: 

6 ‘‘(d) REQUIRED BOARD APPROVAL.—No amounts 

7 may be provided to the Transit Authority under this sec8 tion until the Transit Authority certifies to the Secretary 

9 of Transportation that— 

10 ‘‘(1) a board resolution has passed on or before 

11 July 1, 2022, and is in effect for the period of July 

12 1, 2022 through June 30, 2031, that— 

13 ‘‘(A) establishes an independent budget au14 thority for the Office of Inspector General of 

15 the Transit Authority; 

16 ‘‘(B) establishes an independent procure17 ment authority for the Office of Inspector Gen18 eral of the Transit Authority; 

19 ‘‘(C) establishes an independent hiring au20 thority for the Office of Inspector General of 

21 the Transit Authority; 

22 ‘‘(D) ensures the Inspector General of the 

23 Transit Authority can obtain legal advice from 

24 a counsel reporting directly to the Inspector 

25 General; 


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1 ‘‘(E) requires the Inspector General of the 

2 Transit Authority to submit recommendations 

3 for corrective action to the General Manager 

4 and the Board of Directors of the Transit Au5 thority; 

6 ‘‘(F) requires the Inspector General of the 

7 Transit Authority to publish any recommenda8 tion described in subparagraph (E) on the 

9 website of the Office of Inspector General of the 

10 Transit Authority, except that the Inspector 

11 General may redact personally identifiable in12 formation and information that, in the deter13 mination of the Inspector General, would pose 

14 a security risk to the systems of the Transit 

15 Authority; 

16 ‘‘(G) requires the Board of Directors of 

17 the Transit Authority to provide written notice 

18 to the Committee on Transportation and Infra19 structure of the House of Representatives and 

20 the Committee on Banking, Housing, and 

21 Urban Affairs of the Senate not less than 30 

22 days before the Board of Directors removes the 

23 Inspector General of the Transit Authority, 

24 which shall include the reasons for removal and 

25 supporting documentation; and 


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1 ‘‘(H) prohibits the Board of Directors from 

2 removing the Inspector General of the Transit 

3 Authority unless the Board of Directors has 

4 provided a 30 day written notification as de5 scribed in subparagraph (G) that documents— 

6 ‘‘(i) a permanent incapacity; 

7 ‘‘(ii) a neglect of duty; 

8 ‘‘(iii) malfeasance; 

9 ‘‘(iv) a conviction of a felony or con10 duct involving moral turpitude; 

11 ‘‘(v) a knowing violation of a law or 

12 regulation; 

13 ‘‘(vi) gross mismanagement; 

14 ‘‘(vii) a gross waste of funds; 

15 ‘‘(viii) an abuse of authority; or 

16 ‘‘(ix) inefficiency; and 

17 ‘‘(2) the Code of Ethics for Members of the 

18 WMATA Board of Directors passed on September 

19 26, 2019, remains in effect, or the Inspector General 

20 of the Transit Authority has consulted with any 

21 modifications to the Code of Ethics by the Board. 

22 ‘‘(e) AUTHORIZATIONS.— 

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

24 appropriated to the Secretary of Transportation for 

25 grants under this section— 


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1 ‘‘(A) for fiscal year 2022, $150,000,000; 

2 ‘‘(B) for fiscal year 2023, $155,000,000; 

3 ‘‘(C) for fiscal year 2024, $160,000,000; 

4 ‘‘(D) for fiscal year 2025, $165,000,000; 

5 ‘‘(E) for fiscal year 2026, $170,000,000; 

6 ‘‘(F) for fiscal year 2027, $175,000,000; 

7 ‘‘(G) for fiscal year 2028, $180,000,000; 

8 ‘‘(H) for fiscal year 2029, $185,000,000; 

9 ‘‘(I) for fiscal year 2030, $190,000,000; 

10 and 

11 ‘‘(J) for fiscal year 2031, $200,000,000. 

12 ‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR

13 GENERAL OF TRANSIT AUTHORITY.—From the 

14 amounts in paragraph (1), the Transit Authority 

15 shall provide at least 7 percent for each fiscal year 

16 to the Office of Inspector General of the Transit Au17 thority to carry out independent and objective au18 dits, investigations, and reviews of Transit Authority 

19 programs and operations to promote economy, effi20 ciency, and effectiveness, and to prevent and detect 

21 fraud, waste, and abuse in such programs and oper22 ations.’’; and 

23 (3) by redesignating subsection (g) as sub24 section (f). 


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1 SEC. 2902. OTHER APPORTIONMENTS. 

2 Section 5336 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (h)— 

5 (A) in the matter preceding paragraph (1) 

6 by striking ‘‘section 5338(a)(2)(C)’’ and insert7 ing ‘‘section 5338(a)(2)(B)’’; 

8 (B) by amending paragraph (1) to read as 

9 follows: 

10 ‘‘(1) to carry out section 5307(h)— 

11 ‘‘(A) $60,906,000 shall be set aside in fis12 cal year 2023; 

13 ‘‘(B) $61,856,134 shall be set aside in fis14 cal year 2024; 

15 ‘‘(C) $62,845,832 shall be set aside in fis16 cal year 2025; and 

17 ‘‘(D) $63,832,511 shall be set aside in fis18 cal year 2026;’’; 

19 (C) in paragraph (2) by striking ‘‘3.07 

20 percent’’ and inserting ‘‘6 percent’’; and 

21 (D) by amending paragraph (3) to read as 

22 follows: 

23 ‘‘(3) of amounts not apportioned under para24 graphs (1) and (2), 3 percent shall be apportioned 

25 to urbanized areas with populations of less than 

26 200,000 in accordance with subsection (i);’’; and 


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1 (2) in subsection (i) by adding at the end the 

2 following: 

3 ‘‘(3) CENSUS PHASE-OUT.—Before apportioning 

4 funds under subsection (h)(3), for any urbanized 

5 area that is no longer an eligible area due to a 

6 change in population in the most recent decennial 

7 census, the Secretary shall apportion to such urban8 ized area, for 3 fiscal years, an amount equal to half 

9 of the funds apportioned to such urbanized area pur10 suant to this subsection for the previous fiscal 

11 year.’’. 

12 Subtitle J—Streamlining 

13 SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT 

14 GRANTS. 

15 Section 5309 of title 49, United States Code, as 

16 amended by section 2703 of this Act, is further amend17 ed— 

18 (1) in subsection (a)— 

19 (A) in paragraph (7)— 

20 (i) in subparagraph (A) by striking 

21 ‘‘$100,000,000’’ and inserting 

22 ‘‘$320,000,000’’; and 

23 (ii) in subparagraph (B) by striking 

24 ‘‘$300,000,000’’ and inserting 

25 ‘‘$400,000,000’’; 


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1 (B) by striking paragraph (6); and 

2 (C) by redesignating paragraph (7), as so 

3 amended, as paragraph (6); 

4 (2) in subsection (b)(2) by inserting ‘‘expanding 

5 station capacity,’’ after ‘‘construction of infill sta6 tions,’’; 

7 (3) in subsection (d)(1)— 

8 (A) in subparagraph (C)(i) by striking ‘‘2 

9 years’’ and inserting ‘‘3 years’’; and 

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

11 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT

12 ACTIVITIES.—An applicant may perform cost 

13 and schedule risk assessments with technical 

14 assistance provided by the Secretary. 

15 ‘‘(E) STATUTORY CONSTRUCTION.—Noth16 ing in this section shall be construed as author17 izing the Secretary to require cost and schedule 

18 risk assessments in the project development 

19 phase.’’; 

20 (4) in subsection (e)(1)— 

21 (A) in subparagraph (C)(i) by striking ‘‘2 

22 years’’ and inserting ‘‘3 years’’; and 

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

24 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT

25 ACTIVITIES.—An applicant may perform cost 


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1 and schedule risk assessments with technical 

2 assistance provided by the Secretary. 

3 ‘‘(E) STATUTORY CONSTRUCTION.—Noth4 ing in this section shall be construed as author5 izing the Secretary to require cost and schedule 

6 risk assessments in the project development 

7 phase.’’; 

8 (5) in subsection (e)(2)(A)(iii)(II) by striking 

9 ‘‘5 years’’ and inserting ‘‘10 years’’; 

10 (6) in subsection (f)— 

11 (A) in paragraph (1) by striking ‘‘sub12 section (d)(2)(A)(v)’’ and inserting ‘‘subsection 

13 (d)(2)(A)(iv)’’; 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘subsection 

16 (d)(2)(A)(v)’’ and inserting ‘‘subsection 

17 (d)(2)(A)(iv)’’; 

18 (ii) in subparagraph (D) by adding 

19 ‘‘and’’ at the end; 

20 (iii) by striking subparagraph (E); 

21 and 

22 (iv) by redesignating subparagraph 

23 (F) as subparagraph (E); and 

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


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1 ‘‘(4) COST-SHARE INCENTIVES.—For a project 

2 for which a lower CIG cost share is elected by the 

3 applicant under subsection (l)(1)(C), the Secretary 

4 shall apply the following requirements and consider5 ations in lieu of paragraphs (1) and (2): 

6 ‘‘(A) REQUIREMENTS.—In determining 

7 whether a project is supported by local financial 

8 commitment and shows evidence of stable and 

9 dependable financing sources for purposes of 

10 subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the 

11 Secretary shall require that— 

12 ‘‘(i) the proposed project plan pro13 vides for the availability of contingency 

14 amounts that the applicant determines to 

15 be reasonable to cover unanticipated cost 

16 increases or funding shortfalls; 

17 ‘‘(ii) each proposed local source of 

18 capital and operating financing is stable, 

19 reliable, and available within the proposed 

20 project timetable; and 

21 ‘‘(iii) an applicant certifies that local 

22 resources are available to recapitalize, 

23 maintain, and operate the overall existing 

24 and proposed public transportation system, 

25 including essential feeder bus and other 


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1 services necessary to achieve the projected 

2 ridership levels without requiring a reduc3 tion in existing public transportation serv4 ices or level of service to operate the 

5 project. 

6 ‘‘(B) CONSIDERATIONS.—In assessing the 

7 stability, reliability, and availability of proposed 

8 sources of local financing for purposes of sub9 section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec10 retary shall consider— 

11 ‘‘(i) the reliability of the forecasting 

12 methods used to estimate costs and reve13 nues made by the recipient and the con14 tractors to the recipient; 

15 ‘‘(ii) existing grant commitments; 

16 ‘‘(iii) any debt obligation that exists, 

17 or is proposed by the recipient, for the pro18 posed project or other public transpor19 tation purpose; and 

20 ‘‘(iv) private contributions to the 

21 project, including cost-effective project de22 livery, management or transfer of project 

23 risks, expedited project schedule, financial 

24 partnering, and other public-private part25 nership strategies.’’. 


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1 (7) in subsection (g)— 

2 (A) in paragraph (2)(A) by striking ‘‘de3 gree of local financial commitment’’ and insert4 ing ‘‘criteria in subsection (f)’’ each place it ap5 pears; 

6 (B) in paragraph (3) by striking ‘‘The Sec7 retary shall,’’ and all that follows through ‘‘to 

8 carry out this subsection.’’ and inserting the 

9 following: ‘‘The Secretary shall 

10 ‘‘(A) to the maximum extent practicable, 

11 develop and use special warrants for making a 

12 project justification determination under sub13 section (d)(2) or (e)(2), as applicable, for a 

14 project proposed to be funded using a grant 

15 under this section if—— 

16 ‘‘(i) the share of the cost of the 

17 project to be provided under this section— 

18 ‘‘(I) does not exceed 

19 $500,000,000 and the total project 

20 cost does not exceed $1,000,000,000; 

21 or 

22 ‘‘(II) complies with subsection 

23 (l)(1)(C); 

24 ‘‘(ii) the applicant requests the use of 

25 the warrants; 


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1 ‘‘(iii) the applicant certifies that its 

2 existing public transportation system is in 

3 a state of good repair; and 

4 ‘‘(iv) the applicant meets any other 

5 requirements that the Secretary considers 

6 appropriate to carry out this subsection.’’; 

7 (C) by striking paragraph (5) and insert8 ing the following: 

9 ‘‘(5) POLICY GUIDANCE.—The Secretary shall 

10 issue policy guidance on the review and evaluation 

11 process and criteria not later than 180 days after 

12 the date of enactment of the INVEST in America 

13 Act.’’; 

14 (D) by striking paragraph (6) and insert15 ing the following: 

16 ‘‘(6) TRANSPARENCY.—Not later than 30 days 

17 after the Secretary receives a written request from 

18 an applicant for all remaining information necessary 

19 to obtain 1 or more of the following, the Secretary 

20 shall provide such information to the applicant: 

21 ‘‘(A) Project advancement. 

22 ‘‘(B) Medium or higher rating. 

23 ‘‘(C) Warrant. 

24 ‘‘(D) Letter of intent. 

25 ‘‘(E) Early systems work agreement.’’; and 


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1 (E) in paragraph (7) by striking ‘‘the Fed2 eral Public Transportation Act of 2012’’ and 

3 inserting ‘‘the INVEST in America Act’’; 

4 (8) in subsection (h)— 

5 (A) in paragraph (5) by inserting ‘‘, except 

6 that for a project for which a lower local cost 

7 share is elected under subsection (l)(1)(C), the 

8 Secretary shall enter into a grant agreement 

9 under this subsection for any such project that 

10 establishes contingency amounts that the appli11 cant determines to be reasonable to cover unan12 ticipated cost increases or funding shortfalls’’ 

13 before the period at the end; and 

14 (B) in paragraph (7)(C) by striking ‘‘10 

15 days’’ and inserting ‘‘3 days’’; 

16 (9) by striking subsection (i) and inserting the 

17 following: 

18 ‘‘(i) INTERRELATED PROJECTS.— 

19 ‘‘(1) RATINGS IMPROVEMENT.—The Secretary 

20 shall grant a rating increase of 1 level in mobility 

21 improvements to any project being rated under sub22 section (d), (e), or (h), if the Secretary certifies that 

23 the project has a qualifying interrelated project that 

24 meets the requirements of paragraph (2). 


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1 ‘‘(2) INTERRELATED PROJECT.—A qualifying 

2 interrelated project is a transit project that— 

3 ‘‘(A) is adopted into the metropolitan 

4 transportation plan required under section 

5 5303; 

6 ‘‘(B) has received a class of action designa7 tion under the National Environmental Policy 

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

9 ‘‘(C) will likely increase ridership on the 

10 project being rated in subsection (d), (e), or 

11 (h), respectively, as determined by the Sec12 retary; and 

13 ‘‘(D) meets one of the following criteria: 

14 ‘‘(i) Extends the corridor of the 

15 project being rated in subsection (d), (e), 

16 or (h), respectively. 

17 ‘‘(ii) Provides a direct passenger 

18 transfer to the project being rated in sub19 section (d), (e), or (h), respectively.’’; 

20 (10) in subsection (k)— 

21 (A) in paragraph (2)(D) by adding at the 

22 end the following: 

23 ‘‘(v) LOCAL FUNDING COMMIT24 MENT.— For a project for which a lower 

25 CIG cost share is elected by the applicant 


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1 under subsection (l)(1)(C), the Secretary 

2 shall enter into a full funding grant agree3 ment that has at least 75 percent of local 

4 financial commitment committed and the 

5 remaining percentage budgeted for the pro6 posed purposes.’’; and 

7 (B) in paragraph (5) by striking ‘‘30 

8 days’’ and inserting ‘‘3 days’’; 

9 (11) in subsection (l)— 

10 (A) in paragraph (1) by striking subpara11 graph (B) and inserting the following: 

12 ‘‘(B) CAP.—Except as provided in sub13 paragraph (C), a grant for a project under this 

14 section shall not exceed 80 percent of the net 

15 capital project cost, except that a grant for a 

16 core capacity improvement project shall not ex17 ceed 80 percent of the net capital project cost 

18 of the incremental cost to increase the capacity 

19 in the corridor. 

20 ‘‘(C) APPLICANT ELECTION OF LOWER

21 LOCAL CIG COST SHARE.—An applicant may 

22 elect a lower local CIG cost share for a project 

23 under this section for purposes of application of 

24 the cost-share incentives under subsection 

25 (f)(3). Such cost share shall not exceed 60 perVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 cent of the net capital project cost, except that 

2 for a grant for a core capacity improvement 

3 project such cost share shall not exceed 60 per4 cent of the net capital project cost of the incre5 mental cost to increase the capacity in the cor6 ridor.’’; 

7 (B) by striking paragraph (5) and insert8 ing the following: 

9 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC10 TION.—Nothing in this section shall be construed as 

11 authorizing the Secretary to require, incentivize (in 

12 any manner not specified in this section), or place 

13 additional conditions upon a non-Federal financial 

14 commitment for a project that is more than 20 per15 cent of the net capital project cost or, for a core ca16 pacity improvement project, 20 percent of the net 

17 capital project cost of the incremental cost to in18 crease the capacity in the corridor.’’; and 

19 (C) by striking paragraph (8) and insert20 ing the following: 

21 ‘‘(8) CONTINGENCY SHARE.—The Secretary 

22 shall provide funding for the contingency amount 

23 equal to the proportion of the CIG cost share. If the 

24 Secretary increases the contingency amount after a 

25 project has received a letter of no prejudice or been 


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1 allocated appropriated funds, the federal share of 

2 the additional contingency amount shall be 25 per3 cent higher than the original proportion the CIG 

4 cost share and in addition to the grant amount set 

5 in subsection (k)(2)(C)(ii).’’; 

6 (12) in subsection (o) by adding at the end the 

7 following: 

8 ‘‘(4) CIG PROGRAM DASHBOARD.—Not later 

9 than the fifth day of each month, the Secretary shall 

10 make publicly available on a website data on, includ11 ing the status of, each project under this section 

12 that is in the project development phase, in the engi13 neering phase, or has received a grant agreement 

14 and remains under construction. Such data shall in15 clude, for each project— 

16 ‘‘(A) the amount and fiscal year of any 

17 funding appropriated, allocated, or obligated for 

18 the project; 

19 ‘‘(B) the date on which the project— 

20 ‘‘(i) entered the project development 

21 phase; 

22 ‘‘(ii) entered the engineering phase, if 

23 applicable; and 

24 ‘‘(iii) received a grant agreement, if 

25 applicable; and 


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1 ‘‘(C) the status of review by the Federal 

2 Transit Administration and the Secretary, in3 cluding dates of request, dates of acceptance of 

4 request, and dates of a decision for each of the 

5 following, if applicable: 

6 ‘‘(i) A letter of no prejudice. 

7 ‘‘(ii) An environmental impact state8 ment notice of intent. 

9 ‘‘(iii) A finding of no significant envi10 ronmental impact. 

11 ‘‘(iv) A draft environmental impact 

12 statement. 

13 ‘‘(v) A final environmental impact 

14 statement. 

15 ‘‘(vi) A record of decision on the final 

16 environmental impact statement. 

17 ‘‘(vii) The status of the applicant in 

18 securing the non-Federal match, based on 

19 information provided by the applicant, in20 cluding the amount committed, budgeted, 

21 planned, and undetermined.’’; and 

22 (13) by striking ‘‘an acceptable degree of’’ and 

23 inserting ‘‘a’’ each place it appears. 


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1 SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT 

2 DEADLINE. 

3 Section 5336(d) of title 49, United States Code, is 

4 amended— 

5 (1) by redesignating paragraph (2) as para6 graph (3); and 

7 (2) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) notwithstanding paragraph (1), apportion 

10 amounts to the States appropriated under section 

11 5338(a)(2) to carry out sections 5307, 5310, and 

12 5311 not later than December 15 for which any 

13 amounts are appropriated; and’’. 

14 SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE. 

15 Section 5334 of title 49, United States Code, is fur16 ther amended by adding at the end the following: 

17 ‘‘(l) DISPOSITION OF ASSETS BEYOND USEFUL

18 LIFE.— 

19 ‘‘(1) IN GENERAL.—If a recipient, or sub20 recipient, for assistance under this chapter disposes 

21 of an asset with a current market value, or proceed 

22 from the sale of such asset, acquired under this 

23 chapter at least in part with such assistance, after 

24 such asset has reached the useful life of such asset, 

25 the Secretary shall allow the recipient, or sub26 recipient, to use the proceeds attributable to the 


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1 Federal share of such asset calculated under para2 graph (3) for capital projects under section 5307, 

3 5310, or 5311. 

4 ‘‘(2) MINIMUM VALUE.—This subsection shall 

5 only apply to assets with a current market value, or 

6 proceeds from sale, of at least $5,000. 

7 ‘‘(3) CALCULATION OF FEDERAL SHARE AT8 TRIBUTABLE.—The proceeds attributable to the 

9 Federal share of an asset described in paragraph (1) 

10 shall be calculated by multiplying— 

11 ‘‘(A) the current market value of, or the 

12 proceeds from the disposition of, such asset; by 

13 ‘‘(B) the Federal share percentage for the 

14 acquisition of such asset at the time of acquisi15 tion of such asset.’’. 

16 SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBIL17 ITY. 

18 Section 5310 of title 49, United States Code, as 

19 amended by section 2205, is further amended by adding 

20 at the end the following: 

21 ‘‘(k) INNOVATIVE COORDINATED ACCESS AND MO22 BILITY.— 

23 ‘‘(1) START UP GRANTS.— 

24 ‘‘(A) IN GENERAL.—The Secretary may 

25 make grants under this paragraph to eligible 


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1 recipients to assist in financing innovative 

2 projects for the transportation disadvantaged 

3 that improve the coordination of transportation 

4 services and non-emergency medical transpor5 tation services. 

6 ‘‘(B) APPLICATION.—An eligible recipient 

7 shall submit to the Secretary an application 

8 that, at a minimum, contains— 

9 ‘‘(i) a detailed description of the eligi10 ble project; 

11 ‘‘(ii) an identification of all eligible 

12 project partners and the specific role of 

13 each eligible project partner in the eligible 

14 project, including— 

15 ‘‘(I) private entities engaged in 

16 the coordination of nonemergency 

17 medical transportation services for the 

18 transportation disadvantaged; 

19 ‘‘(II) nonprofit entities engaged 

20 in the coordination of nonemergency 

21 medical transportation services for the 

22 transportation disadvantaged; or 

23 ‘‘(III) Federal and State entities 

24 engaged in the coordination of non25 emergency medical transportation 


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1 services for the transportation dis2 advantaged; and 

3 ‘‘(iii) a description of how the eligible 

4 project shall— 

5 ‘‘(I) improve local coordination or 

6 access to coordinated transportation 

7 services; 

8 ‘‘(II) reduce duplication of serv9 ice, if applicable; and 

10 ‘‘(III) provide innovative solu11 tions in the State or community. 

12 ‘‘(C) PERFORMANCE MEASURES.—An eligi13 ble recipient shall specify, in an application for 

14 a grant under this paragraph, the performance 

15 measures the eligible project, in coordination 

16 with project partners, will use to quantify ac17 tual outcomes against expected outcomes, in18 cluding— 

19 ‘‘(i) changes to transportation expend20 itures as a result of improved coordination; 

21 ‘‘(ii) changes to healthcare expendi22 tures provided by projects partners as a re23 sult of improved coordination; and 


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1 ‘‘(iii) changes to health care metrics, 

2 including aggregate health outcomes pro3 vided by projects partners. 

4 ‘‘(D) ELIGIBLE USES.—Eligible recipients 

5 receiving a grant under this section may use 

6 such funds for— 

7 ‘‘(i) the deployment of coordination 

8 technology; 

9 ‘‘(ii) projects that create or increase 

10 access to community One-Call/One-Click 

11 Centers; 

12 ‘‘(iii) projects that coordinate trans13 portation for 3 or more of— 

14 ‘‘(I) public transportation pro15 vided under this section; 

16 ‘‘(II) a State plan approved 

17 under title XIX of the Social Security 

18 Act (42 U.S.C. 1396 et seq.); 

19 ‘‘(III) title XVIII of the Social 

20 Security Act (42 U.S.C. 1395 et seq.); 

21 ‘‘(IV) Veterans Health Adminis22 tration; or 

23 ‘‘(V) private health care facilities; 

24 and 


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1 ‘‘(iv) such other projects as deter2 mined appropriate by the Secretary. 

3 ‘‘(E) CONSULTATION.—In evaluating the 

4 performance metrics described in subparagraph 

5 (C), the Secretary shall consult with the Sec6 retary of Health and Human Services. 

7 ‘‘(2) INCENTIVE GRANTS.— 

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

9 make grants under this paragraph to eligible 

10 recipients to incentivize innovative projects for 

11 the transportation disadvantaged that improve 

12 the coordination of transportation services and 

13 non-emergency medical transportation services. 

14 ‘‘(B) SELECTION OF GRANT RECIPI15 ENTS.—The Secretary shall distribute grant 

16 funds made available to carry out this para17 graph as described in subparagraph (E) to eli18 gible recipients that apply and propose to dem19 onstrate improvement in the metrics described 

20 in subparagraph (F). 

21 ‘‘(C) ELIGIBILITY.—An eligible recipient 

22 shall not be required to have received a grant 

23 under paragraph (1) to be eligible to receive a 

24 grant under this paragraph. 


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1 ‘‘(D) APPLICATIONS.—Eligible recipients 

2 shall submit to the Secretary an application 

3 that includes— 

4 ‘‘(i) which metrics under subpara5 graph (F) the eligible recipient intends to 

6 improve; 

7 ‘‘(ii) the performance data eligible re8 cipients and the Federal, State, nonprofit, 

9 and private partners, as described in para10 graph (1)(B)(ii), of the eligible recipient 

11 will make available; and 

12 ‘‘(iii) a proposed incentive formula 

13 that makes payments to the eligible recipi14 ent based on the proposed data and 

15 metrics. 

16 ‘‘(E) DISTRIBUTION.—The Secretary shall 

17 distribute funds made available to carry out 

18 this paragraph based upon the number of grant 

19 applications approved by the Secretary, number 

20 of individuals served by each grant, and the in21 centive formulas approved by the Secretary 

22 using the following metrics: 

23 ‘‘(i) The reduced transportation ex24 penditures as a result of improved coordi25 nation. 


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1 ‘‘(ii) The reduced Federal and State 

2 healthcare expenditures using the metrics 

3 described in subparagraph (F). 

4 ‘‘(iii) The reduced private healthcare 

5 expenditures using the metrics described in 

6 subparagraph (F). 

7 ‘‘(F) HEALTHCARE METRICS.—Healthcare 

8 metrics described in this subparagraph shall 

9 be— 

10 ‘‘(i) reducing missed medical appoint11 ments; 

12 ‘‘(ii) the timely discharge of patients 

13 from hospitals; 

14 ‘‘(iii) preventing hospital admissions 

15 and reducing readmissions of patients into 

16 hospitals; and 

17 ‘‘(iv) other measureable healthcare 

18 metrics, as determined appropriate by the 

19 Secretary, in consultation with the Sec20 retary of Health and Human Services. 

21 ‘‘(G) ELIGIBLE EXPENDITURES.—The Sec22 retary shall allow the funds distributed by this 

23 grant program to be expended on eligible activi24 ties described in paragraph (1)(D) and any eli25 gible activity under this section that is likely to 


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1 improve the metrics described in subparagraph 

2 (F). 

3 ‘‘(H) RECIPIENT CAP.—The Secretary— 

4 ‘‘(i) may not provide more than 20 

5 grants under this paragraph; and 

6 ‘‘(ii) shall reduce the maximum num7 ber of grants under this paragraph to en8 sure projects are fully funded, if necessary. 

9 ‘‘(I) CONSULTATION.—In evaluating the 

10 health care metrics described in subparagraph 

11 (F), the Secretary shall consult with the Sec12 retary of Health and Human Services. 

13 ‘‘(J) ANNUAL GRANTEE REPORT.—Each 

14 grantee shall submit a report, in coordination 

15 with the project partners of such grantee, that 

16 includes an evaluation of the outcomes of the 

17 grant awarded to such grantee, including the 

18 performance measures. 

19 ‘‘(3) REPORT.—The Secretary shall make pub20 licly available an annual report on the program car21 ried out under this subsection for each fiscal year, 

22 not later than December 31 of the calendar year in 

23 which that fiscal year ends. The report shall include 

24 a detailed description of the activities carried out 

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1 gram, including an evaluation of the performance 

2 measures used by eligible recipients in consultation 

3 with the Secretary of Health and Human Services. 

4 ‘‘(4) FEDERAL SHARE.— 

5 ‘‘(A) IN GENERAL.—The Federal share of 

6 the costs of a project carried out under this 

7 subsection shall not exceed 80 percent. 

8 ‘‘(B) NON-FEDERAL SHARE.—The non9 Federal share of the costs of a project carried 

10 out under this subsection may be derived from 

11 in-kind contributions. 

12 ‘‘(5) RULE OF CONSTRUCTION.—For purposes 

13 of this subsection, nonemergency medical transpor14 tation services shall be limited to services eligible 

15 under Federal programs other than programs au16 thorized under this chapter.’’. 

17 SEC. 2915. PASSENGER FERRY GRANTS. 

18 Section 5307(h) of title 49, United States Code, is 

19 amended by adding at the end the following paragraph: 

20 ‘‘(4) ZERO-EMISSION OR REDUCED-EMISSION

21 GRANTS.— 

22 ‘‘(A) DEFINITIONS.—In this paragraph— 

23 ‘‘(i) the term ‘eligible project’ means a 

24 project or program of projects in an area 


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1 eligible for a grant under subsection (a) 

2 for— 

3 ‘‘(I) acquiring zero- or reduced4 emission passenger ferries; 

5 ‘‘(II) leasing zero- or reduced6 emission passenger ferries; 

7 ‘‘(III) constructing facilities and 

8 related equipment for zero- or re9 duced-emission passenger ferries; 

10 ‘‘(IV) leasing facilities and re11 lated equipment for zero- or reduced12 emission passenger ferries; 

13 ‘‘(V) constructing new public 

14 transportation facilities to accommo15 date zero- or reduced-emission pas16 senger ferries; 

17 ‘‘(VI) constructing shoreside 

18 ferry charging infrastructure for zero19 or reduced-emission passenger ferries; 

20 or 

21 ‘‘(VII) rehabilitating or improv22 ing existing public transportation fa23 cilities to accommodate zero- or re24 duced-emission passenger ferries; 


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1 ‘‘(ii) the term ‘zero- or reduced-emis2 sion passenger ferry’ means a passenger 

3 ferry used to provide public transportation 

4 that reduces emissions by utilizing onboard 

5 energy storage systems for hybrid-electric 

6 or 100 percent electric propulsion, related 

7 charging infrastructure, and other tech8 nologies deployed to reduce emissions or 

9 produce zero onboard emissions under nor10 mal operation; and 

11 ‘‘(iii) the term ‘recipient’ means a des12 ignated recipient, a local government au13 thority, or a State that receives a grant 

14 under subsection (a). 

15 ‘‘(B) GENERAL AUTHORITY.—The Sec16 retary may make grants to recipients to finance 

17 eligible projects under this paragraph. 

18 ‘‘(C) GRANT REQUIREMENTS.—A grant 

19 under this paragraph shall be subject to the 

20 same terms and conditions as a grant under 

21 subsection (a). 

22 ‘‘(D) COMPETITIVE PROCESS.—The Sec23 retary shall solicit grant applications and make 

24 grants for eligible projects under this paragraph 

25 on a competitive basis. 


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1 ‘‘(E) GOVERNMENT SHARE OF COSTS.— 

2 ‘‘(i) IN GENERAL.—The Federal share 

3 of the cost of an eligible project carried out 

4 under this paragraph shall not exceed 80 

5 percent. 

6 ‘‘(ii) NON-FEDERAL SHARE.—The 

7 non-Federal share of the cost of an eligible 

8 project carried out under this subsection 

9 may be derived from in-kind contribu10 tions.’’. 

11 SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL IN12 VESTMENT. 

13 Section 5309(h)(4) of title 49, United States Code, 

14 is amended by inserting ‘‘, the extent to which the project 

15 improves transportation options to economically distressed 

16 areas,’’ after ‘‘public transportation’’. 

17 SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NA18 TIONAL ENVIRONMENTAL POLICY ACT OF 

19 1969 TO FEDERALLY FUNDED BUS SHELTERS. 

20 Not later than 1 year after the date of enactment 

21 of this Act, the Secretary of Transportation shall issue 

22 best practices on the application of the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 

24 federally funded bus shelters to assist recipients of Fed25 eral funds in receiving exclusions permitted by law. 


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1 SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING. 

2 (a) IN GENERAL.—Section 3005(b) of the FAST Act 

3 (Public Law 116–94) is repealed. 

4 (b) GRANDFATHER CLAUSES.—For any projects that 

5 have submitted an application or are being evaluated 

6 under the program described in section 3005(b) of such 

7 Act prior to the date of enactment of this Act, the Sec8 retary shall— 

9 (1) continue to administer the project under the 

10 terms of such section as it existed on the day prior 

11 to the date of enactment of this Act; and 

12 (2) for purposes of providing Federal assistance 

13 to such project (and notwithstanding any other pro14 vision of law), provide such funds as may be nec15 essary from the amounts provided in section 5338(b) 

16 of title 49, United States Code, and division A of 

17 this Act. 

18 TITLE III—HIGHWAY TRAFFIC 

19 SAFETY 

20 SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—The following sums are author22 ized to be appropriated out of the Highway Trust Fund 

23 (other than the Mass Transit Account): 

24 (1) HIGHWAY SAFETY PROGRAMS.—For car25 rying out section 402 of title 23, United States 

26 Code— 


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1 (A) $378,400,000 for fiscal year 2023; 

2 (B) $382,400,000 for fiscal year 2024; 

3 (C) $386,500,000 for fiscal year 2025; and 

4 (D) $390,400,000 for fiscal year 2026. 

5 (2) HIGHWAY SAFETY RESEARCH AND DEVEL6 OPMENT.—For carrying out section 403 of title 23, 

7 United States Code— 

8 (A) $182,495,000 for fiscal year 2023; 

9 (B) $184,795,000 for fiscal year 2024; 

10 (C) $187,795,000 for fiscal year 2025; and 

11 (D) $190,695,000 for fiscal year 2026. 

12 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

13 For carrying out section 405 of title 23, United 

14 States Code— 

15 (A) $384,119,000 for fiscal year 2023; 

16 (B) $393,205,000 for fiscal year 2024; 

17 (C) $402,205,000 for fiscal year 2025; and 

18 (D) $411,388,000 for fiscal year 2026. 

19 (4) NATIONAL DRIVER REGISTER.—For the Na20 tional Highway Traffic Safety Administration to 

21 carry out chapter 303 of title 49, United States 

22 Code— 

23 (A) $5,700,000 for fiscal year 2023; 

24 (B) $5,800,000 for fiscal year 2024; 

25 (C) $5,900,000 for fiscal year 2025; and 


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1 (D) $6,000,000 for fiscal year 2026. 

2 (5) HIGH-VISIBILITY ENFORCEMENT PRO3 GRAM.—For carrying out section 404 of title 23, 

4 United States Code— 

5 (A) $60,200,000 for fiscal year 2023; 

6 (B) $60,600,000 for fiscal year 2024; 

7 (C) $60,800,000 for fiscal year 2025; and 

8 (D) $61,200,000 for fiscal year 2026. 

9 (6) ADMINISTRATIVE EXPENSES.—For adminis10 trative and related operating expenses of the Na11 tional Highway Traffic Safety Administration in car12 rying out chapter 4 of title 23, United States 

13 Code— 

14 (A) $30,586,000 for fiscal year 2023; 

15 (B) $31,000,000 for fiscal year 2024; 

16 (C) $31,500,000 for fiscal year 2025; and 

17 (D) $31,917,000 for fiscal year 2026. 

18 (7) CENTER FOR FAIR AND EQUITABLE TRAF19 FIC SAFETY ENFORCEMENT.—For carrying out sec20 tion 3003 of this title, $35,000,000 for each of fiscal 

21 years 2023 through 2026. 

22 (b) PROHIBITION ON OTHER USES.—Except as oth23 erwise provided in chapter 4 of title 23, United States 

24 Code, and chapter 303 of title 49, United States Code, 

25 the amounts made available from the Highway Trust 


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1 Fund (other than the Mass Transit Account) for a pro2 gram under such chapters— 

3 (1) shall only be used to carry out such pro4 gram; and 

5 (2) may not be used by States or local govern6 ments for construction purposes. 

7 (c) APPLICABILITY OF TITLE 23.—Except as other8 wise provided in chapter 4 of title 23, United States Code, 

9 and chapter 303 of title 49, United States Code, amounts 

10 made available under subsection (a) for fiscal years 2023 

11 through 2026 shall be available for obligation in the same 

12 manner as if such funds were apportioned under chapter 

13 1 of title 23, United States Code. 

14 (d) REGULATORY AUTHORITY.—Grants awarded 

15 under chapter 4 of title 23, United States Code, including 

16 any amendments made by this title, shall be carried out 

17 in accordance with regulations issued by the Secretary of 

18 Transportation. 

19 (e) STATE MATCHING REQUIREMENTS.—If a grant 

20 awarded under chapter 4 of title 23, United States Code, 

21 requires a State to share in the cost, the aggregate of all 

22 expenditures for highway safety activities made during a 

23 fiscal year by the State and its political subdivisions (ex24 clusive of Federal funds) for carrying out the grant (other 

25 than planning and administration) shall be available for 


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1 the purpose of crediting the State during such fiscal year 

2 for the non-Federal share of the cost of any other project 

3 carried out under chapter 4 of title 23, United States Code 

4 (other than planning or administration), without regard 

5 to whether such expenditures were made in connection 

6 with such project. 

7 (f) GRANT APPLICATION AND DEADLINE.—To re8 ceive a grant under chapter 4 of title 23, United States 

9 Code, a State shall submit an application, and the Sec10 retary of Transportation shall establish a single deadline 

11 for such applications to enable the award of grants early 

12 in the next fiscal year. 

13 SEC. 3002. HIGHWAY SAFETY PROGRAMS. 

14 Section 402 of title 23, United States Code, is 

15 amended— 

16 (1) in subsection (a) by adding at the end the 

17 following: 

18 ‘‘(3) ADDITIONAL CONSIDERATIONS.—States 

19 which have legalized medicinal or recreational mari20 juana shall consider programs in addition to the pro21 grams described in paragraph (2)(A) to educate 

22 drivers on the risks associated with marijuana-im23 paired driving and to reduce injuries and deaths re24 sulting from individuals driving motor vehicles while 

25 impaired by marijuana.’’; 


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1 (2) in subsection (c)— 

2 (A) by redesignating paragraphs (2), (3), 

3 and (4) as paragraphs (3), (4), and (5), respec4 tively; 

5 (B) by inserting after paragraph (1) the 

6 following: 

7 ‘‘(2) ADDITIONAL USES.—In addition to uses 

8 authorized under paragraph (1) and as approved by 

9 the Secretary, States may use funds under this sec10 tion to— 

11 ‘‘(A) educate the public on the dangers of 

12 pediatric vehicular hyperthermia; 

13 ‘‘(B) purchase and distribute child re14 straints to low-income families; and 

15 ‘‘(C) reduce injuries and deaths resulting 

16 from drivers of motor vehicles not moving to 

17 another traffic lane or reducing the speed of 

18 such driver’s vehicle when passing an emer19 gency, law enforcement, or other vehicle 

20 stopped or parked on or near the roadway.’’. 

21 (C) in paragraph (5), as so redesig22 nated)— 

23 (i) by striking subparagraph (C); 

24 (ii) by redesignating subparagraph 

25 (B) as subparagraph (D); and 


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1 (iii) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) SPECIAL RULE FOR SCHOOL AND

4 WORK ZONES.—Notwithstanding subparagraph 

5 (A), a State may expend funds apportioned to 

6 that State under this section to carry out a pro7 gram to purchase, operate, or maintain an 

8 automated traffic system in a work zone or 

9 school zone. 

10 ‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT

11 SYSTEM GUIDELINES.—Any automated traffic 

12 enforcement system installed pursuant to sub13 paragraph (B) shall comply with speed enforce14 ment camera systems and red light camera sys15 tems guidelines established by the Secretary.’’; 

16 and 

17 (3) in subsection (n)— 

18 (A) by striking ‘‘PUBLIC TRANSPARENCY’’ 

19 and all that follows through ‘‘The Secretary’’ 

20 and inserting the following: ‘‘PUBLIC TRANS21 PARENCY.— 

22 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

24 ‘‘(2) STATE HIGHWAY SAFETY PLAN

25 WEBSITE.— 


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1 ‘‘(A) IN GENERAL.—In carrying out the 

2 requirements of paragraph (1), the Secretary 

3 shall establish a public website that is easily ac4 cessible, navigable, and searchable for the infor5 mation required under paragraph (1), in order 

6 to foster greater transparency in approved 

7 State highway safety programs. 

8 ‘‘(B) CONTENTS.—The website established 

9 under subparagraph (A) shall— 

10 ‘‘(i) include each State highway safety 

11 plan and annual report submitted and ap12 proved by the Secretary under subsection 

13 (k); 

14 ‘‘(ii) provide a means for the public to 

15 search such website for State highway 

16 safety program content required in sub17 section (k), including— 

18 ‘‘(I) performance measures re19 quired by the Secretary under para20 graph (3)(A); 

21 ‘‘(II) progress made toward 

22 meeting the State’s performance tar23 gets for the previous year; 

24 ‘‘(III) program areas and ex25 penditures; and 


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1 ‘‘(IV) a description of any 

2 sources of funds other than funds pro3 vided under this section that the State 

4 proposes to use to carry out the State 

5 highway safety plan of such State.’’. 

6 SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY EN7 FORCEMENT. 

8 (a) IN GENERAL.—The Secretary of Transportation 

9 shall make grants under this section to an eligible non10 profit institution of higher education with demonstrated 

11 expertise in promoting fair and equitable traffic safety en12 forcement to establish and operate a national center of 

13 excellence for fair and equitable traffic safety enforcement 

14 (in this section referred to as the ‘‘Center’’). 

15 (b) PURPOSE.—The purpose of the Center shall be 

16 to promote fair and equitable traffic safety enforcement 

17 with the goal of reducing traffic fatalities and injuries. 

18 (c) ROLE OF CENTER.—The role of the Center shall 

19 be to establish and operate a national fair and equitable 

20 traffic safety enforcement clearinghouse to— 

21 (1) develop data collection systems to promote 

22 fair and equitable traffic safety enforcement solu23 tions, including assisting States participating in the 

24 program established under section 403(j) of title 23, 


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1 United States Code, (as added by this Act) share 

2 data collected to a national database; 

3 (2) develop recommendations for States to im4 prove data collection on law enforcement programs 

5 carried out under sections 402 and 405 of this title 

6 in order to promote fair and equitable traffic safety 

7 enforcement programs; 

8 (3) provide technical assistance to States on the 

9 implementation of the program established under 

10 section 403(j) of title 23, United States Code, as 

11 added by this Act; 

12 (4) research and disseminate best practices for 

13 implementing equitable traffic safety enforcement 

14 programs; and 

15 (5) develop information and educational pro16 grams on implementing equitable traffic safety en17 forcement best practices. 

18 (d) CONSULTATION.—In carrying out the activities 

19 under paragraphs (4) and (5) of subsection (c), the Center 

20 shall consult with relevant stakeholders, including— 

21 (1) civil rights organizations; 

22 (2) traffic safety advocacy groups; 

23 (3) law enforcement representatives; and 


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1 (4) such other surface transportation stake2 holders and industry experts as the Center considers 

3 appropriate. 

4 (e) REPORT TO CONGRESS.—Not later than 2 years 

5 after the establishment of the Center under subsection (a), 

6 the Secretary shall submit to the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 and the Committee on Environment and Public Works of 

9 the Senate a report on progress made toward meeting the 

10 goals established under subsection (b). 

11 SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOP12 MENT. 

13 Section 403 of title 23, United States Code, is 

14 amended— 

15 (1) in subsection (b) by inserting ‘‘, training,’’ 

16 after ‘‘demonstration projects’’; 

17 (2) in subsection (f)(1)— 

18 (A) by striking ‘‘$2,500,000’’ and inserting 

19 ‘‘$3,500,000’’; and 

20 (B) by striking ‘‘subsection 402(c) in each 

21 fiscal year ending before October 1, 2015, and 

22 $443,989 of the total amount available for ap23 portionment to the States for highway safety 

24 programs under section 402(c) in the period be25 ginning on October 1, 2015, and ending on DeVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 cember 4, 2015,’’ and inserting ‘‘section 

2 402(c)(2) in each fiscal year’’; and 

3 (3) by striking subsection (h) and redesignating 

4 subsections (i) and (j) as subsections (h) and (i), re5 spectively. 

6 SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL 

7 PROFILING. 

8 Section 403 of title 23, United States Code, as 

9 amended by section 3004 of this Act, is further amended 

10 by adding at the end the following: 

11 ‘‘(j) GRANT PROGRAM TO PROHIBIT RACIAL

12 PROFILING.— 

13 ‘‘(1) GENERAL AUTHORITY.—Subject to the re14 quirements of this subsection, the Secretary shall 

15 make grants to a State that— 

16 ‘‘(A) is maintaining and allows public in17 spection of statistical information for each 

18 motor vehicle stop made by a law enforcement 

19 officer on a Federal-aid highway in the State 

20 regarding the race and ethnicity of the driver; 

21 or 

22 ‘‘(B) provides assurances satisfactory to 

23 the Secretary that the State is undertaking ac24 tivities to comply with the requirements of sub25 paragraph (A). 


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1 ‘‘(2) USE OF GRANT FUNDS.—A grant received 

2 by a State under paragraph (1) shall be used by the 

3 State for the costs of— 

4 ‘‘(A) collecting and maintaining data on 

5 traffic stops; 

6 ‘‘(B) evaluating the results of such data; 

7 and 

8 ‘‘(C) developing and implementing pro9 grams to reduce the occurrence of racial 

10 profiling. 

11 ‘‘(3) LIMITATIONS.—The total amount of 

12 grants made to a State under this section in a fiscal 

13 year may not exceed— 

14 ‘‘(A) 10 percent of the amount made avail15 able to carry out this section in the fiscal year 

16 for States eligible under paragraph (1)(A); and 

17 ‘‘(B) 5 percent of the amount made avail18 able to carry out this section in the fiscal year 

19 for States eligible under paragraph (1)(B). 

20 ‘‘(4) FUNDING.—From funds made available 

21 under this section, the Secretary shall set aside 

22 $15,000,000 for each fiscal year to carry out this 

23 subsection.’’. 


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1 SEC. 3006. NATIONAL SAFETY CAMPAIGNS. 

2 Section 404 of title 23, United States Code, is 

3 amended to read as follows: 

4 ‘‘§ 404. National safety campaigns 

5 ‘‘(a) IN GENERAL.—The Secretary shall establish 

6 and administer a program under which not less than 3 

7 high-visibility enforcement campaigns and not less than 3 

8 public awareness campaigns will be carried out in each of 

9 fiscal years 2023 through 2026. 

10 ‘‘(b) HIGH-VISIBILITY ENFORCEMENT.—In carrying 

11 out the requirements under paragraph (a), the Secretary 

12 shall ensure that in each fiscal year not less than 1 high13 visibility enforcement campaign is carried out to— 

14 ‘‘(1) reduce alcohol-impaired operation of a 

15 motor vehicle; 

16 ‘‘(2) reduce alcohol-impaired and drug-impaired 

17 operation of a motor vehicle; and 

18 ‘‘(3) increase use of seatbelts by occupants of 

19 motor vehicles. 

20 ‘‘(c) PUBLIC AWARENESS.—The purpose of each 

21 public awareness campaign carried out under this section 

22 shall be to achieve outcomes related to not less than 1 

23 of the following objectives: 

24 ‘‘(1) Increase the proper use of seatbelts and 

25 child restraints by occupants of motor vehicles. 


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1 ‘‘(2) Reduce texting through a personal wireless 

2 communication device by drivers while operating a 

3 motor vehicle. 

4 ‘‘(3) Reduce violations of State move over laws 

5 which require motorists to change lanes or slow 

6 down when emergency or other vehicles are stopped 

7 or parked on or next to a roadway. 

8 ‘‘(d) ADVERTISING.—The Secretary may use, or au9 thorize the use of, funds available to carry out this section 

10 to pay for the development, production, and use of broad11 cast and print media advertising and Internet-based out12 reach in carrying out campaigns under this section. In al13 locating such funds, consideration shall be given to adver14 tising directed at non-English speaking populations, in15 cluding those who listen to, read, or watch nontraditional 

16 media. 

17 ‘‘(e) COORDINATION WITH STATES.—The Secretary 

18 shall coordinate with States in carrying out the high-visi19 bility enforcement campaigns under this section, including 

20 advertising funded under subsection (d), with consider21 ation given to— 

22 ‘‘(1) relying on States to provide law enforce23 ment resources for the campaigns out of funding 

24 made available under sections 402 and 405; and 


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1 ‘‘(2) providing, out of National Highway Traffic 

2 Safety Administration resources, most of the means 

3 necessary for national advertising and education ef4 forts associated with the campaigns. 

5 ‘‘(f) COORDINATION OF DYNAMIC HIGHWAY MES6 SAGE SIGNS.—During national high-visibility enforcement 

7 emphasis periods supported by these funds, the Federal 

8 Highway Administration and the National Highway Traf9 fic Safety Administration shall coordinate with State de10 partments of transportation on the use of dynamic high11 way message signs to support high-visibility national em12 phasis activities. 

13 ‘‘(g) USE OF FUNDS.—Funds made available to carry 

14 out this section may be used only for activities described 

15 in subsections (c) and (d). 

16 ‘‘(h) DEFINITION.—In this section: 

17 ‘‘(1) CAMPAIGN.—The term ‘campaign’ means 

18 a high-visibility traffic safety law enforcement cam19 paign or a traffic safety public awareness campaign. 

20 ‘‘(2) DYNAMIC HIGHWAY.—The term ‘dynamic 

21 highway message sign’ means a traffic control device 

22 that is capable of displaying one or more alternative 

23 messages which convey information to travelers. 

24 ‘‘(3) STATE.—The ‘State’ has the meaning 

25 given that term in section 401.’’. 


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1 SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS. 

2 (a) IN GENERAL.—Section 405 of title 23, United 

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1) by striking ‘‘13 per6 cent’’ and inserting ‘‘12.85 percent’’; 

7 (B) in paragraph (2) by striking ‘‘14.5 

8 percent’’ and inserting ‘‘14.3 percent’’; 

9 (C) in paragraph (3) by striking ‘‘52.5 

10 percent’’ and inserting ‘‘51.75 percent’’; 

11 (D) in paragraph (4) by striking ‘‘8.5 per12 cent’’ and inserting ‘‘8.3 percent’’; 

13 (E) in paragraph (6) by striking ‘‘5 per14 cent’’ and inserting ‘‘4.9 percent’’; 

15 (F) in paragraph (7) by striking ‘‘5 per16 cent’’ and inserting ‘‘4.9 percent’’; 

17 (G) in paragraph (8)— 

18 (i) by striking ‘‘paragraphs (1) 

19 through (7)’’ and inserting ‘‘paragraphs 

20 (1) through (8)’’; 

21 (ii) by striking ‘‘subsection (b) 

22 through (h)’’ and inserting ‘‘subsections 

23 (b) through (i)’’; and 

24 (iii) by inserting ‘‘to carry out any of 

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1 sections, or the amount made available’’ 

2 before ‘‘under section 402(c)(2)’’; 

3 (H) in paragraph (9)(A) by striking ‘‘date 

4 of enactment of the FAST Act’’ and inserting 

5 ‘‘date of enactment of the INVEST in America 

6 Act’’; 

7 (I) by redesignating paragraphs (8) and 

8 (9) as paragraphs (9) and (10), respectively; 

9 and 

10 (J) by inserting after paragraph (7) the 

11 following: 

12 ‘‘(8) DRIVER AND OFFICER SAFETY EDU13 CATION.—In each fiscal year, 1.5 percent of the 

14 funds provided under this section shall be allocated 

15 among States that meet the requirements with re16 spect to driver and officer safety education (as de17 scribed in subsection (i)).’’; 

18 (2) in subsection (c)(3)(E) by striking ‘‘5’’ and 

19 inserting ‘‘10’’; 

20 (3) in subsection (b)(4)— 

21 (A) in subparagraph (A) by striking clause 

22 (v) and inserting the following: 

23 ‘‘(v) implement programs in low-in24 come and underserved populations to— 


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1 ‘‘(I) recruit and train occupant 

2 protection safety professionals, nation3 ally certified child passenger safety 

4 technicians, police officers, fire and 

5 emergency medical personnel, and 

6 educators serving low-income and un7 derserved populations; 

8 ‘‘(II) educate parents and care9 givers in low-income and underserved 

10 populations about the proper use and 

11 installation of child safety seats; and 

12 ‘‘(III) purchase and distribute 

13 child safety seats to low-income and 

14 underserved populations; and’’; and 

15 (B) in subparagraph (B)— 

16 (i) by striking ‘‘100 percent’’ and in17 serting ‘‘90 percent’’; and 

18 (ii) by inserting ‘‘The remaining 10 

19 percent of such funds shall be used to 

20 carry out subsection (A)(v).’’ after ‘‘section 

21 402.’’; 

22 (4) by striking subsection (c)(4) and inserting 

23 the following: 


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1 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 

2 received by a State under this subsection shall be 

3 used for— 

4 ‘‘(A) making data program improvements 

5 to core highway safety databases related to 

6 quantifiable, measurable progress in any of the 

7 6 significant data program attributes set forth 

8 in paragraph (3)(D); 

9 ‘‘(B) developing or acquiring information 

10 technology for programs to identify, collect, and 

11 report data to State and local government agen12 cies, and enter data, including crash, citation 

13 and adjudication, driver, emergency medical 

14 services or injury surveillance system, roadway, 

15 and vehicle, into the core highway safety data16 bases of a State; 

17 ‘‘(C) purchasing equipment used to iden18 tify, collect, and report State safety data to 

19 support State efforts to improve State traffic 

20 safety information systems; 

21 ‘‘(D) linking core highway safety databases 

22 of a State with such databases of other States; 

23 ‘‘(E) improving the compatibility and 

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1 bases of the State with national data systems 

2 and data systems of other States; 

3 ‘‘(F) costs associated with training State 

4 and local personnel on ways to improve State 

5 traffic safety information systems; 

6 ‘‘(G) hiring a Fatality Analysis Reporting 

7 System liaison for a State; and 

8 ‘‘(H) conducting research on State traffic 

9 safety information systems, including devel10 oping and evaluating programs to improve core 

11 highway safety databases of such State and 

12 processes by which data is identified, collected, 

13 reported to State and local government agen14 cies, and entered into such core safety data15 bases.’’; 

16 (5) by striking subsection (d)(6)(A) and insert17 ing the following: 

18 ‘‘(A) GRANTS TO STATES WITH ALCOHOL19 IGNITION INTERLOCK LAWS.—The Secretary 

20 shall make a separate grant under this sub21 section to each State that— 

22 ‘‘(i) adopts and is enforcing a manda23 tory alcohol-ignition interlock law for all 

24 individuals at the time of, or prior to, a 


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1 conviction of driving under the influence of 

2 alcohol or of driving while intoxicated; 

3 ‘‘(ii) does not allow any individual re4 quired to have an ignition interlock for 

5 driving privileges to drive a motor vehicle 

6 unless such individual installs an ignition 

7 interlock for a minimum 180-day interlock 

8 period; or 

9 ‘‘(iii) has— 

10 ‘‘(I) enacted and is enforcing a 

11 state law requiring all individuals con12 victed of, or whose driving privilege is 

13 revoked or denied for, refusing to sub14 mit to a chemical or other test for the 

15 purpose of determining the presence 

16 or concentration of any intoxicating 

17 substance to install an ignition inter18 lock for a minimum 180-day interlock 

19 period unless the driver successfully 

20 completes an appeal process; and 

21 ‘‘(II) a compliance-based removal 

22 program in which an individual re23 quired to install an ignition interlock 

24 for a minimum 180-day interlock pe25 riod and have completed a minimum 


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1 consecutive period of not less than 60 

2 days of the required interlock period 

3 immediately preceding the date of re4 lease, without a confirmed violation, 

5 as defined by State law or regulations, 

6 of driving under the influence of alco7 hol or driving while intoxicated.’’; 

8 (6) in subsection (e)— 

9 (A) in paragraph (1) by striking ‘‘para10 graphs (2) and (3)’’ and inserting ‘‘paragraph 

11 (2)’’; 

12 (B) in paragraph (4)— 

13 (i) by striking ‘‘paragraph (2) or (3)’’ 

14 and inserting ‘‘paragraph (3) or (4)’’; 

15 (ii) in subparagraph (A) by striking 

16 ‘‘communications device to contact emer17 gency services’’ and inserting ‘‘communica18 tions device during an emergency to con19 tact emergency services or to prevent in20 jury to persons or property’’; 

21 (iii) in subparagraph (C) by striking 

22 ‘‘; and’’ and inserting a semicolon; 

23 (iv) by redesignating subparagraph 

24 (D) as subparagraph (E); and 


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1 (v) by inserting after subparagraph 

2 (C) the following: 

3 ‘‘(D) a driver who uses a personal wireless 

4 communication device for navigation; and’’; 

5 (C) in paragraph (5)(A)(i) by striking 

6 ‘‘texting or using a cell phone while’’ and in7 serting ‘‘distracted’’; 

8 (D) in paragraph (7) by striking ‘‘Of the 

9 amounts’’ and inserting ‘‘In addition to the 

10 amounts authorized under section 404 and of 

11 the amounts’’; 

12 (E) in paragraph (9)— 

13 (i) by striking subparagraph (B) and 

14 inserting the following: 

15 ‘‘(B) PERSONAL WIRELESS COMMUNICA16 TIONS DEVICE.—The term ‘personal wireless 

17 communications device’ means— 

18 ‘‘(i) until the date on which the Sec19 retary issues a regulation pursuant to 

20 paragraph (8)(A), a device through which 

21 personal services (as such term is defined 

22 in section 332(c)(7)(C)(i) of the Commu23 nications Act of 1934 (47 U.S.C. 

24 332(c)(7)(C)(i)) are transmitted, but not 

25 including the use of such a device as a 


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1 global navigation system receiver used for 

2 positioning, emergency notification, or 

3 navigation purposes; 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.’’; and 

8 (ii) by striking subparagraph (E) and 

9 inserting the following: 

10 ‘‘(E) TEXTING.—The term ‘texting’ 

11 means— 

12 ‘‘(i) until the date on which the Sec13 retary issues a regulation pursuant to 

14 paragraph (8)(A), reading from or manu15 ally entering data into a personal wireless 

16 communications device, including doing so 

17 for the purpose of SMS texting, emailing, 

18 instant messaging, or engaging in any 

19 other form of electronic data retrieval or 

20 electronic data communication; and 

21 ‘‘(ii) on and after the date on which 

22 the Secretary issues a regulation pursuant 

23 to paragraph (8)(A), the definition de24 scribed in such regulation.’’; 


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1 (F) by striking paragraphs (2), (3), (6), 

2 and (8); 

3 (G) by redesignating paragraphs (4) and 

4 (5) as paragraphs (5) and (6), respectively; 

5 (H) by inserting after paragraph (1) the 

6 following: 

7 ‘‘(2) ALLOCATION.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graphs (B), (C), and (D), the allocation of 

10 grant funds to a State under this subsection for 

11 a fiscal year shall be in proportion to the 

12 State’s apportionment under section 402 for 

13 fiscal year 2009. 

14 ‘‘(B) PRIMARY OFFENSE LAWS.—A State 

15 that has enacted and is enforcing a law that 

16 meets the requirements set forth in paragraphs 

17 (3) and (4) as a primary offense shall be allo18 cated 100 percent of the amount calculated 

19 under subparagraph (A). 

20 ‘‘(C) SECONDARY OFFENSE LAWS.—A 

21 State that has enacted and is enforcing a law 

22 that meets the requirements set forth in para23 graphs (3) and (4) as a secondary offense shall 

24 be allocated 50 percent of the amount cal25 culated under subparagraph (A). 


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1 ‘‘(D) TEXTING WHILE DRIVING.—Notwith2 standing subparagraphs (B) and (C), a State 

3 shall be allocated 25 percent of the amount cal4 culated under subparagraph (A) if such State 

5 has enacted and is enforcing a law that pro6 hibits a driver from viewing a personal wireless 

7 communication device, except for the purpose of 

8 navigation. 

9 ‘‘(3) PROHIBITION ON HANDHELD PERSONAL

10 WIRELESS COMMUNICATION DEVICE USE WHILE

11 DRIVING.—A State law meets the requirements set 

12 forth in this paragraph if the law— 

13 ‘‘(A) prohibits a driver from holding or 

14 using, including texting, a personal wireless 

15 communications device while driving, except for 

16 the use of a personal wireless communications 

17 device— 

18 ‘‘(i) in a hands-free manner or with a 

19 hands-free accessory; or 

20 ‘‘(ii) to activate or deactivate a fea21 ture or function of the personal wireless 

22 communications device; 

23 ‘‘(B) establishes a fine for a violation of 

24 the law; and 


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1 ‘‘(C) does not provide for an exemption 

2 that specifically allows a driver to hold or use 

3 a personal wireless communication device while 

4 stopped in traffic. 

5 ‘‘(4) PROHIBITION ON PERSONAL WIRELESS

6 COMMUNICATION DEVICE USE WHILE DRIVING OR

7 STOPPED IN TRAFFIC.—A State law meets the re8 quirements set forth in this paragraph if the law— 

9 ‘‘(A) prohibits a driver from holding or 

10 using a personal wireless communications device 

11 while driving if the driver is— 

12 ‘‘(i) younger than 18 years of age; or 

13 ‘‘(ii) in the learner’s permit or inter14 mediate license stage described in subpara15 graph (A) or (B) of subsection (g)(2); 

16 ‘‘(B) establishes a fine for a violation of 

17 the law; and 

18 ‘‘(C) does not provide for an exemption 

19 that specifically allows a driver to use a per20 sonal wireless communication device while 

21 stopped in traffic.’’; and 

22 (I) by inserting after paragraph (7) the 

23 following: 

24 ‘‘(8) RULEMAKING.—Not later than 1 year 

25 after the date of enactment of this paragraph, the 


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1 Secretary shall issue such regulations as are nec2 essary to account for diverse State approaches to 

3 combating distracted driving that— 

4 ‘‘(A) defines the terms personal wireless 

5 communications device and texting for the pur6 poses of this subsection; and 

7 ‘‘(B) determines additional permitted ex8 ceptions that are appropriate for a State law 

9 that meets the requirements under paragraph 

10 (3) or (4).’’; 

11 (7) in subsection (g)— 

12 (A) in paragraph (1) by inserting ‘‘sub13 paragraphs (A) and (B) of’’ before ‘‘paragraph 

14 (2)’’; 

15 (B) by striking paragraph (2) and insert16 ing the following: 

17 ‘‘(2) MINIMUM REQUIREMENTS.— 

18 ‘‘(A) TIER 1 STATE.—A State shall be eli19 gible for a grant under this subsection as a Tier 

20 1 State if such State requires novice drivers 

21 younger than 18 years of age to comply with a 

22 2-stage graduated driver licensing process be23 fore receiving an unrestricted driver’s license 

24 that includes— 

25 ‘‘(i) a learner’s permit stage that— 


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1 ‘‘(I) is at least 180 days in dura2 tion; 

3 ‘‘(II) requires that the driver be 

4 accompanied and supervised at all 

5 times; and 

6 ‘‘(III) has a requirement that the 

7 driver obtain at least 40 hours of be8 hind-the-wheel training with a super9 visor; and 

10 ‘‘(ii) an intermediate stage that— 

11 ‘‘(I) commences immediately 

12 after the expiration of the learner’s 

13 permit stage; 

14 ‘‘(II) is at least 180 days in du15 ration; and 

16 ‘‘(III) for the first 180 days of 

17 the intermediate stage, restricts the 

18 driver from— 

19 ‘‘(aa) driving at night be20 tween the hours of 11:00 p.m. 

21 and at least 4:00 a.m. except— 

22 ‘‘(AA) when a parent, 

23 guardian, driving instructor, 

24 or licensed driver who is at 


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1 least 21 years of age is in 

2 the motor vehicle; and 

3 ‘‘(BB) when driving to 

4 and from work, school and 

5 school-related activities, reli6 gious activities, for emer7 gencies, or as a member of 

8 voluntary emergency service; 

9 and 

10 ‘‘(bb) operating a motor ve11 hicle with more than 1 non12 familial passenger younger than 

13 18 years of age, except when a 

14 parent, guardian, driving instruc15 tor, or licensed driver who is at 

16 least 21 years of age is in the 

17 motor vehicle. 

18 ‘‘(B) TIER 2 STATE.—A State shall be eli19 gible for a grant under this subsection as a Tier 

20 2 State if such State requires novice drivers 

21 younger than 18 years of age to comply with a 

22 2-stage graduated driver licensing process be23 fore receiving an unrestricted driver’s license 

24 that includes— 

25 ‘‘(i) a learner’s permit stage that— 


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1 ‘‘(I) is at least 180 days in dura2 tion; 

3 ‘‘(II) requires that the driver be 

4 accompanied and supervised at all 

5 times; and 

6 ‘‘(III) has a requirement that the 

7 driver obtain at least 50 hours of be8 hind-the-wheel training, with at least 

9 10 hours at night, with a supervisor; 

10 and 

11 ‘‘(ii) an intermediate stage that— 

12 ‘‘(I) commences immediately 

13 after the expiration of the learner’s 

14 permit stage; 

15 ‘‘(II) is at least 180 days in du16 ration; and 

17 ‘‘(III) for the first 180 days of 

18 the intermediate stage, restricts the 

19 driver from— 

20 ‘‘(aa) driving at night be21 tween the hours of 10:00 p.m. 

22 and at least 4:00 a.m. except— 

23 ‘‘(AA) when a parent, 

24 guardian, driving instructor, 

25 or licensed driver who is at 


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1 least 21 years of age is in 

2 the motor vehicle; and 

3 ‘‘(BB) when driving to 

4 and from work, school and 

5 school-related activities, reli6 gious activities, for emer7 gencies, or as a member of 

8 voluntary emergency service; 

9 and 

10 ‘‘(bb) operating a motor ve11 hicle with any nonfamilial pas12 senger younger than 18 years of 

13 age, except when a parent, 

14 guardian, driving instructor, or 

15 licensed driver who is at least 21 

16 years of age is in the motor vehi17 cle.’’; 

18 (C) in paragraph (3)— 

19 (i) in subparagraph (A) by inserting 

20 ‘‘subparagraphs (A) and (B) of’’ before 

21 ‘‘paragraph (2)’’; and 

22 (ii) in subparagraph (B) by inserting 

23 ‘‘subparagraphs (A) and (B) of’’ before 

24 ‘‘paragraph (2)’’ each place such term ap25 pears; 


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1 (D) in paragraph (4) by striking ‘‘such fis2 cal year’’ and inserting ‘‘fiscal year 2009’’; and 

3 (E) by striking paragraph (5) and insert4 ing the following: 

5 ‘‘(5) USE OF FUNDS.— 

6 ‘‘(A) TIER 1 STATES.—A Tier 1 State shall 

7 use grant funds provided under this subsection 

8 for— 

9 ‘‘(i) enforcing a 2-stage licensing 

10 process that complies with paragraph (2); 

11 ‘‘(ii) training for law enforcement per12 sonnel and other relevant State agency 

13 personnel relating to the enforcement de14 scribed in clause (i); 

15 ‘‘(iii) publishing relevant educational 

16 materials that pertain directly or indirectly 

17 to the State graduated driver licensing law; 

18 ‘‘(iv) carrying out other administrative 

19 activities that the Secretary considers rel20 evant to the State’s 2-stage licensing proc21 ess; or 

22 ‘‘(v) carrying out a teen traffic safety 

23 program described in section 402(m). 


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1 ‘‘(B) TIER 2 STATES .—Of the grant funds 

2 made available to a Tier 2 State under this 

3 subsection— 

4 ‘‘(i) 25 percent shall be used for any 

5 activity described in subparagraph (A); 

6 and 

7 ‘‘(ii) 75 percent may be used for any 

8 project or activity eligible under section 

9 402.’’; 

10 (8) by amending subsection (h)(4) to read as 

11 follows: 

12 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 

13 received by a State under this subsection may be 

14 used for the safety of pedestrians and bicyclists, in15 cluding— 

16 ‘‘(A) training of law enforcement officials 

17 on pedestrian and bicycle safety, State laws ap18 plicable to pedestrian and bicycle safety, and in19 frastructure designed to improve pedestrian and 

20 bicycle safety; 

21 ‘‘(B) carrying out a program to support 

22 enforcement mobilizations and campaigns de23 signed to enforce State traffic laws applicable to 

24 pedestrian and bicycle safety; 


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1 ‘‘(C) public education and awareness pro2 grams designed to inform motorists, pedes3 trians, and bicyclists about— 

4 ‘‘(i) pedestrian and bicycle safety, in5 cluding information on nonmotorized mo6 bility and the important of speed manage7 ment to the safety of pedestrians and 

8 bicyclists; 

9 ‘‘(ii) the value of the use of pedestrian 

10 and bicycle safety equipment, including 

11 lighting, conspicuity equipment, mirrors, 

12 helmets and other protective equipment, 

13 and compliance with any State or local 

14 laws requiring their use; 

15 ‘‘(iii) State traffic laws applicable to 

16 pedestrian and bicycle safety, including 

17 motorists’ responsibilities towards pedes18 trians and bicyclists; and 

19 ‘‘(iv) infrastructure designed to im20 prove pedestrian and bicycle safety; and 

21 ‘‘(D) data analysis and research con22 cerning pedestrian and bicycle safety.’’; and 

23 (9) by adding at the end the following: 

24 ‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 


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1 ‘‘(1) GENERAL AUTHORITY.—Subject to the re2 quirements under this subsection, the Secretary shall 

3 award grants to— 

4 ‘‘(A) States that enact a commuter safety 

5 education program; and 

6 ‘‘(B) States qualifying under paragraph 

7 (5)(A). 

8 ‘‘(2) FEDERAL SHARE.—The Federal share of 

9 the costs of activities carried out using amounts 

10 from a grant awarded under this subsection may not 

11 exceed 80 percent. 

12 ‘‘(3) ELIGIBILITY.—To be eligible for a grant 

13 under this subsection, a State shall enact a law or 

14 adopt a program that requires the following: 

15 ‘‘(A) DRIVER EDUCATION AND DRIVING

16 SAFETY COURSES.—Inclusion, in driver edu17 cation and driver safety courses provided to in18 dividuals by educational and motor vehicle 

19 agencies of the State, of instruction and testing 

20 concerning law enforcement practices during 

21 traffic stops, including information on— 

22 ‘‘(i) the role of law enforcement and 

23 the duties and responsibilities of peace offi24 cers; 


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1 ‘‘(ii) an individual’s legal rights con2 cerning interactions with peace officers; 

3 ‘‘(iii) best practices for civilians and 

4 peace officers during such interactions; 

5 ‘‘(iv) the consequences for an individ6 ual’s or officer’s failure to comply with 

7 those laws and programs; and 

8 ‘‘(v) how and where to file a com9 plaint against or a compliment on behalf of 

10 a peace officer. 

11 ‘‘(B) PEACE OFFICER TRAINING PRO12 GRAMS.—Development and implementation of a 

13 training program, including instruction and 

14 testing materials, for peace officers and reserve 

15 law enforcement officers (other than officers 

16 who have received training in a civilian course 

17 described in subparagraph (A)) with respect to 

18 proper interaction with civilians during traffic 

19 stops. 

20 ‘‘(4) GRANT AMOUNT.—The allocation of grant 

21 funds to a State under this subsection for a fiscal 

22 year shall be in proportion to the State’s apportion23 ment under section 402 for fiscal year 2009. 

24 ‘‘(5) SPECIAL RULE FOR CERTAIN STATES.— 


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1 ‘‘(A) QUALIFYING STATE.—A State quali2 fies pursuant to this subparagraph if— 

3 ‘‘(i) the Secretary determines such 

4 State has taken meaningful steps toward 

5 the full implementation of a law or pro6 gram described in paragraph (3); 

7 ‘‘(ii) the Secretary determines such 

8 State has established a timetable for the 

9 implementation of such a law or program; 

10 and 

11 ‘‘(iii) such State has received a grant 

12 pursuant to this subsection for a period of 

13 not more than 5 years. 

14 ‘‘(B) WITHHOLDING.—With respect to a 

15 State that qualifies pursuant to subparagraph 

16 (A), the Secretary shall— 

17 ‘‘(i) withhold 50 percent of the 

18 amount that such State would otherwise 

19 receive if such State were a State described 

20 in paragraph (1)(A); and 

21 ‘‘(ii) direct any such amounts for dis22 tribution among the States that are enforc23 ing and carrying out a law or program de24 scribed in paragraph (3). 


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1 ‘‘(6) USE OF GRANT AMOUNTS.—A State re2 ceiving a grant under this subsection may use such 

3 grant— 

4 ‘‘(A) for the production of educational ma5 terials and training of staff for driver education 

6 and driving safety courses and peace officer 

7 training described in paragraph (3); and 

8 ‘‘(B) for the implementation of the law de9 scribed in paragraph (3).’’. 

10 (b) CONFORMING AMENDMENT.—Sections 402, 403, 

11 and 405 of title 23, United States Code, are amended— 

12 (1) by striking ‘‘accidents’’ and inserting 

13 ‘‘crashes’’ each place it appears; and 

14 (2) by striking ‘‘accident’’ and inserting 

15 ‘‘crash’’ each place it appears. 

16 SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

17 FOR DRIVING WHILE INTOXICATED OR DRIV18 ING UNDER THE INFLUENCE. 

19 Section 164(b)(1) of title 23, United States Code, is 

20 amended— 

21 (1) in subparagraph (A) by striking ‘‘alcohol22 impaired’’ and inserting ‘‘alcohol or polysubstance23 impaired’’; and 

24 (2) in subparagraph (B)— 


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1 (A) by striking ‘‘alcohol-impaired’’ and in2 serting ‘‘alcohol or polysubstance-impaired’’; 

3 (B) by striking ‘‘or’’ and inserting a 

4 comma; and 

5 (C) by inserting ‘‘, or driving while 

6 polysubstance-impaired’’ after ‘‘driving under 

7 the influence’’. 

8 SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

9 ELIGIBILITY. 

10 Section 4010(2) of the FAST Act (23 U.S.C. 405 

11 note) is amended by striking ‘‘deficiencies’’ and inserting 

12 ‘‘all deficiencies’’. 

13 SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING 

14 GRANTS. 

15 (a) IN GENERAL.—The Secretary of Transportation 

16 shall make grants to institutions of higher education (as 

17 such term is defined in section 101 of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1001)) to carry out re19 search, development, technology transfer, and training ac20 tivities in the operation or establishment of an implicit 

21 bias training program as it relates to racial profiling at 

22 traffic stops. 

23 (b) QUALIFICATIONS.—To be eligible for a grant 

24 under this section, an institution of higher education 

25 shall— 


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1 (1) have an active research program or dem2 onstrate, to the satisfaction of the Secretary, that 

3 the applicant is beginning a research program to 

4 study implicit bias as it relates to racial profiling be5 fore and during traffic stops; and 

6 (2) partner with State and local police depart7 ments to conduct the research described in para8 graph (1) and carry out the implementation of im9 plicit bias training with State and local police de10 partments. 

11 (c) REPORT.—No later than 1 year after a grant has 

12 been awarded under this section, the institution of higher 

13 education awarded the grant shall submit to the Com14 mittee on Transportation and Infrastructure of the House 

15 of Representatives and the Committee on Commerce, 

16 Science, and Transportation of the Senate a report sum17 marizing the research on implicit bias as it relates to racial 

18 profiling before and during traffic stops, and recommenda19 tions on effective interventions and trainings. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated $20,000,000 for each 

22 fiscal year to carry out this section. 

23 (e) DEFINITIONS.—In this section, the term ‘‘implicit 

24 bias training program’’ means a program that looks at the 

25 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 

7 end; 

8 (2) in paragraph (2) by striking the period at 

9 the end and inserting ‘‘; or’’; and 

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

11 ‘‘(3) otherwise profile and stop motorcycle oper12 ators or motorcycle passengers using as a factor the 

13 clothing or mode of transportation of such operators 

14 or passengers.’’. 

15 SEC. 3012. ELECTRONIC DRIVER’S LICENSE. 

16 (a) REAL ID ACT.—Section 202(a)(1) of the REAL 

17 ID Act of 2005 (49 U.S.C. 30301 note) is amended by 

18 striking ‘‘a driver’s license or identification card’’ and in19 serting ‘‘a physical or digital driver’s license or identifica20 tion card’’. 

21 (b) TITLE 18.—Section 1028(d)(7)(A) of title 18, 

22 United States Code, is amended by striking ‘‘government 

23 issued driver’s license’’ and inserting ‘‘government issued 

24 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 Trans6 portation shall establish a Motorcyclist Advisory Council 

7 (in this section referred to as the ‘‘Council’’). 

8 (c) DUTIES.— 

9 (1) ADVISING.—The Council shall advise the 

10 Secretary, the Administrator of the National High11 way Traffic Safety Administration, and the Adminis12 trator of the Federal Highway Administration on 

13 transportation issues of concern to motorcyclists, in14 cluding— 

15 (A) barrier design; 

16 (B) road design, construction, and mainte17 nance practices; and 

18 (C) the architecture and implementation of 

19 intelligent transportation system technologies. 

20 (2) BIENNIAL COUNCIL REPORT.— 

21 (A) IN GENERAL.—The Council shall sub22 mit a report to the Secretary containing the 

23 Council’s recommendations regarding the issues 

24 described in paragraph (1) on which the Coun25 cil provides advice pursuant to such paragraph. 


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1 (B) TIMING.—Not later than October 31 

2 of the calendar year following the calendar year 

3 in which the Council is established, and by 

4 every 2nd October 31 thereafter, the Council 

5 shall submit the report required under this 

6 paragraph. 

7 (d) MEMBERSHIP.— 

8 (1) IN GENERAL.—The Council shall be com9 prised of 12 members appointed by the Secretary as 

10 follows: 

11 (A) Five experts from State or local gov12 ernment on highway engineering issues, includ13 ing— 

14 (i) barrier design; 

15 (ii) road design, construction, and 

16 maintenance; or 

17 (iii) intelligent transportation systems. 

18 (B) One State or local traffic and safety 

19 engineer, design engineer, or other transpor20 tation department official who is a motorcyclist. 

21 (C) One representative from a national as22 sociation of State transportation officials. 

23 (D) One representative from a national 

24 motorcyclist association. 


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1 (E) One representative from a national 

2 motorcyclist foundation. 

3 (F) One representative from a national 

4 motorcycle manufacturing association. 

5 (G) One roadway safety data expert on 

6 crash testing and analysis. 

7 (H) One member of a national safety orga8 nization that represents the traffic safety sys9 tems industry. 

10 (2) DURATION.— 

11 (A) TERM.—Subject to subparagraphs (B) 

12 and (C), each member shall serve one term of 

13 2 years. 

14 (B) ADDITIONAL TERMS.—If a successor is 

15 not designated for a member before the expira16 tion of the term the member is serving, the 

17 member may serve another term. 

18 (C) APPOINTMENT OF REPLACEMENTS.—If 

19 a member resigns before serving a full 2-year 

20 term, the Secretary may appoint a replacement 

21 for such member to serve the remaining portion 

22 such term. A member may continue to serve 

23 after resignation until a successor has been ap24 pointed. A vacancy in the Council shall be filled 


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1 in the manner in which the original appoint2 ment was made. 

3 (3) COMPENSATION.—Members shall serve 

4 without compensation. 

5 (e) TERMINATION.—The Council shall terminate 6 

6 years after the date of its establishment. 

7 (f) DUTIES OF THE SECRETARY.— 

8 (1) ACCEPT OR REJECT RECOMMENDATION.— 

9 (A) SECRETARY DETERMINES.—The Sec10 retary shall determine whether to accept or re11 ject a recommendation contained in a Council 

12 report. 

13 (B) TIMING.— 

14 (i) MUST ACCEPT OR REJECT.—The 

15 Secretary must indicate in each report sub16 mitted under this section the Secretary’s 

17 acceptance or rejection of each rec18 ommendation listed in such report. 

19 (ii) EXCEPTION.—The Secretary may 

20 indicate in a report submitted under this 

21 section that a recommendation is under 

22 consideration. If the Secretary does so, the 

23 Secretary must accept or reject the rec24 ommendation in the next report submitted 

25 under this section. 


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1 (2) REPORT.— 

2 (A) IN GENERAL.—Not later than 60 days 

3 after the Secretary receives a Council report, 

4 the Secretary shall submit a report to the fol5 lowing committees and subcommittees: 

6 (i) The Committee on Transportation 

7 and Infrastructure of the House of Rep8 resentatives. 

9 (ii) The Committee on Environment 

10 and Public Works of the Senate. 

11 (iii) The Committee on Commerce, 

12 Science, and Transportation of the Senate. 

13 (iv) The Subcommittee on Transpor14 tation, and Housing and Urban Develop15 ment, and Related Agencies of the Com16 mittee on Appropriations of the House of 

17 Representatives. 

18 (v) The Subcommittee on Transpor19 tation, and Housing and Urban Develop20 ment, and Related Agencies of the Com21 mittee on Appropriations of the Senate. 

22 (B) CONTENTS.—A report submitted 

23 under this subsection shall include— 

24 (i) a list containing— 


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1 (I) each recommendation con2 tained in the Council report described 

3 in paragraph (1); and 

4 (II) each recommendation indi5 cated as under consideration in the 

6 previous report submitted under this 

7 subsection; and 

8 (ii) for each such recommendation, 

9 whether it is accepted, rejected, or under 

10 consideration by the Secretary. 

11 (3) ADMINISTRATIVE AND TECHNICAL SUP12 PORT.—The Secretary shall provide such adminis13 trative support, staff, and technical assistance to the 

14 Council as the Secretary determines to be necessary 

15 for the Council to carry out its duties. 

16 (g) DEFINITIONS.—In this section: 

17 (1) COUNCIL REPORT.—The term ‘‘Council re18 port’’ means the report described in subsection 

19 (f)(2). 

20 (2) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Transportation. 

22 SEC. 3014. REPORT ON MARIJUANA RESEARCH. 

23 (a) IN GENERAL.—Not later than 2 years after the 

24 date of enactment of this Act, the Secretary of Transpor25 tation, in consultation with the Attorney General and the 


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1 Secretary of Health and Human Services, shall submit to 

2 the Committee on Transportation and Infrastructure of 

3 the House of Representatives and the Committee on Com4 merce, Science, and Transportation of the Senate, and 

5 make publicly available on the Department of Transpor6 tation website, a report and recommendations on— 

7 (1) increasing and improving access, for sci8 entific researchers studying impairment while driv9 ing under the influence of marijuana, to samples 

10 and strains of marijuana and products containing 

11 marijuana lawfully being offered to patients or con12 sumers in a State on a retail basis; 

13 (2) establishing a national clearinghouse to col14 lect and distribute samples and strains of marijuana 

15 for scientific research that includes marijuana and 

16 products containing marijuana lawfully available to 

17 patients or consumers in a State on a retail basis; 

18 (3) facilitating access, for scientific researchers 

19 located in States that have not legalized marijuana 

20 for medical or recreational use, to samples and 

21 strains of marijuana and products containing mari22 juana from such clearinghouse for purposes of re23 search on marijuana-impaired driving; and 

24 (4) identifying Federal statutory and regulatory 

25 barriers to the conduct of scientific research and the 


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1 establishment of a national clearinghouse for pur2 poses of facilitating research on marijuana-impaired 

3 driving. 

4 (b) DEFINITION OF MARIJUANA.—In this section, the 

5 term ‘‘marijuana’’ has the meaning given such term in 

6 section 4008 of the FAST Act (Public Law 114–94). 

7 SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL 

8 DUI REPORTING. 

9 (a) IN GENERAL.—The Comptroller General of the 

10 United States shall conduct a study on the reporting of 

11 alcohol-impaired driving arrest and citation results into 

12 Federal databases to facilitate the widespread identifica13 tion of repeat impaired driving offenders. 

14 (b) INCLUSIONS.—The study conducted under sub15 section (a) shall include a detailed assessment of— 

16 (1) the extent to which State and local criminal 

17 justice agencies are reporting alcohol-impaired driv18 ing arrest and citation results into Federal data19 bases; 

20 (2) barriers on the Federal, State, and local lev21 els to the reporting of alcohol-impaired driving ar22 rest and citation results into Federal databases, as 

23 well as barriers to the use of those systems by crimi24 nal justice agencies; 


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1 (3) Federal, State, and local resources available 

2 to improve the reporting of alcohol-impaired driving 

3 arrest and citation results into Federal databases; 

4 (4) recommendations for policies and programs 

5 to be carried out by the National Highway Traffic 

6 Safety Administration; and 

7 (5) recommendations for programs and grant 

8 funding to be authorized by Congress. 

9 (c) REPORT.—Not later than 1 year after the date 

10 of enactment of this Act, the Comptroller General of the 

11 United States shall submit to the appropriate committees 

12 of Congress a report on the results of the study conducted 

13 under subsection (a). 

14 TITLE IV—MOTOR CARRIER 

15 SAFETY 

16 Subtitle A—Motor Carrier Safety 

17 Grants, Operations, and Programs 

18 SEC. 4101. MOTOR CARRIER SAFETY GRANTS. 

19 (a) IN GENERAL.—Section 31104 of title 49, United 

20 States Code, is amended— 

21 (1) by striking subsection (a) and inserting the 

22 following: 

23 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol24 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; 

9 and 

10 ‘‘(D) $418,425,000 for fiscal year 2026. 

11 ‘‘(2) HIGH-PRIORITY ACTIVITIES PROGRAM.— 

12 Subject to subsection (c), to carry out section 

13 31102(l)— 

14 ‘‘(A) $72,604,000 for fiscal year 2023; 

15 ‘‘(B) $74,424,000 for fiscal year 2024; 

16 ‘‘(C) $76,328,000 for fiscal year 2025; and 

17 ‘‘(D) $78,106,000 for fiscal year 2026. 

18 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

19 GRANT PROGRAM.—To carry out section 31103— 

20 ‘‘(A) $1,037,200 for fiscal year 2023; 

21 ‘‘(B) $1,063,200 for fiscal year 2024; 

22 ‘‘(C) $1,090,400 for fiscal year 2025; and 

23 ‘‘(D) $1,115,800 for fiscal year 2026. 


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1 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

2 IMPLEMENTATION PROGRAM.—Subject to subsection 

3 (c), to carry out section 31313— 

4 ‘‘(A) $56,008,800 for fiscal year 2023; 

5 ‘‘(B) $57,412,800 for fiscal year 2024; 

6 ‘‘(C) $58,881,600 for fiscal year 2025; and 

7 ‘‘(D) $60,253,200 for fiscal year 2026.’’; 

8 (2) by striking subsection (c) and inserting the 

9 following: 

10 ‘‘(c) PARTNER TRAINING AND PROGRAM SUPPORT.— 

11 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

12 year, or as soon after that date as practicable, the 

13 Secretary may deduct from amounts made available 

14 under paragraphs (1), (2), and (4) of subsection (a) 

15 for that fiscal year not more than 1.8 percent of 

16 those amounts for partner training and program 

17 support in that fiscal year. 

18 ‘‘(2) USE OF FUNDS.—The Secretary shall use 

19 at least 50 percent of the amounts deducted under 

20 paragraph (1) on training and related training mate21 rials for non-Federal Government employees. 

22 ‘‘(3) PARTNERSHIP.—The Secretary shall carry 

23 out the training and development of materials pursu24 ant to paragraph (2) in partnership with one or 


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1 more nonprofit organizations, through a competitive 

2 grant, that have— 

3 ‘‘(A) expertise in conducting a training 

4 program for non-Federal Government employ5 ees; and 

6 ‘‘(B) a demonstrated ability to involve in a 

7 training program the target population of com8 mercial motor vehicle safety enforcement em9 ployees.’’; 

10 (3) in subsection (f)— 

11 (A) in paragraph (1) by striking ‘‘the next 

12 fiscal year’’ and inserting ‘‘the following 2 fiscal 

13 years’’; 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘section 31102(l)(2)’’ 

16 and inserting ‘‘paragraphs (2) and (4) of 

17 section 31102(l)’’; 

18 (ii) by striking ‘‘the next 2 fiscal 

19 years’’ and inserting ‘‘the following 3 fiscal 

20 years’’; and 

21 (C) in paragraph (3) by striking ‘‘the next 

22 4 fiscal years’’ and inserting ‘‘the following 5 

23 fiscal years’’; and 

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


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1 ‘‘(j) TREATMENT OF REALLOCATIONS.—Amounts 

2 that are obligated and subsequently, after the date of en3 actment of this subsection, released back to the Secretary 

4 under subsection (i) shall not be subject to limitations on 

5 obligations provided under any other provision of law.’’. 

6 (b) COMMERCIAL DRIVER’S LICENSE PROGRAM IM7 PLEMENTATION FINANCIAL ASSISTANCE PROGRAM.—Sec8 tion 31313(b) of title 49, United States Code, is amend9 ed— 

10 (1) by striking the period at the end and insert11 ing ‘‘; and’’; 

12 (2) by striking ‘‘A recipient’’ and inserting the 

13 following: ‘‘In participating in financial assistance 

14 program under this section— 

15 ‘‘(1) a recipient’’; and 

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

17 ‘‘(2) a State may not receive more than 

18 $250,000 in grants under subsection (a)(2)(B) in 

19 any fiscal year— 

20 ‘‘(A) in which the State prohibits private 

21 commercial driving schools or independent com22 mercial driver’s license testing facilities from of23 fering a commercial driver’s license skills test 

24 as a third-party tester; or 


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1 ‘‘(B) in which a State fails to report to the 

2 Administrator of the Federal Motor Carrier 

3 Safety Administration, during the previous fis4 cal year, the average number of days of delays 

5 for an initial commercial driver’s license skills 

6 test or retest within the State.’’. 

7 SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND 

8 PROGRAMS. 

9 (a) IN GENERAL.—Section 31110 of title 49, United 

10 States Code, is amended by striking subsection (a) and 

11 inserting the following: 

12 ‘‘(a) ADMINISTRATIVE EXPENSES.—There is author13 ized to be appropriated from the Highway Trust Fund 

14 (other than the Mass Transit Account) for the Secretary 

15 of Transportation to pay administrative expenses of the 

16 Federal Motor Carrier Safety Administration— 

17 ‘‘(1) $380,500,000 for fiscal year 2023; 

18 ‘‘(2) $381,500,000 for fiscal year 2024; 

19 ‘‘(3) $382,500,000 for fiscal year 2025; and 

20 ‘‘(4) $384,500,000 for fiscal year 2026.’’. 

21 (b) ADMINISTRATIVE EXPENSES.— 

22 (1) USE OF FUNDS.—The Administrator of the 

23 Federal Motor Carrier Safety Administration shall 

24 use funds made available in subsection (a) for— 


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1 (A) acceleration of planned investments to 

2 modernize the Administration’s information 

3 technology and information management sys4 tems; 

5 (B) completing outstanding mandates; 

6 (C) carrying out a Large Truck Crash 

7 Causal Factors Study of the Administration; 

8 (D) construction and maintenance of bor9 der facilities; and 

10 (E) other activities authorized under sec11 tion 31110(b) of title 49, United States Code. 

12 (2) DEFINITION OF OUTSTANDING MANDATE.— 

13 In this subsection, the term ‘‘outstanding mandate’’ 

14 means a requirement for the Federal Motor Carrier 

15 Safety Administration to issue regulations, under16 take a comprehensive review or study, conduct a 

17 safety assessment, or collect data— 

18 (A) under this Act; 

19 (B) under MAP–21 (Public Law 112– 

20 141), that has not been published in the Fed21 eral Register, if required, or otherwise com22 pleted as of the date of enactment of this Act; 

23 (C) under the FAST Act (Public Law 

24 114–94), that has not been published in the 

25 Federal Register, if required, or otherwise comVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 pleted as of the date of enactment of this Act; 

2 and 

3 (D) under any other Act enacted before 

4 the date of enactment of this Act that has not 

5 been published in the Federal Register by the 

6 date required in such Act. 

7 SEC. 4103. IMMOBILIZATION GRANT PROGRAM. 

8 Section 31102(l) of title 49, United States Code, is 

9 amended— 

10 (1) in paragraph (1) by striking ‘‘and (3)’’ and 

11 inserting ‘‘, (3), and (4)’’; 

12 (2) in paragraph (2)(F)(ii)(II) by inserting ‘‘, 

13 specifically including the priority activities described 

14 in paragraph (4)’’ after ‘‘required for participation’’; 

15 and 

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

17 ‘‘(4) PRIORITIZATION OF IMMOBILIZING UN18 SAFE PASSENGER-CARRYING COMMERCIAL MOTOR

19 VEHICLES.— 

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

21 prioritize the awarding of discretionary grants 

22 to States for activities related to paragraph 

23 (2)(F)(II) for the enforcement of out of service 

24 orders if such vehicles are found to be unsafe 

25 or have violated a Federal out of service order. 


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1 ‘‘(B) ELIGIBILITY.—To be eligible for a 

2 grant described under this paragraph, a State 

3 shall have the authority to require the immo4 bilization or impoundment of a passenger-car5 rying commercial motor vehicle if such vehicle is 

6 found to be unsafe or fail inspection or to have 

7 violated a Federal out of service order. 

8 ‘‘(C) USE OF FUNDS.—Grant funds re9 ceived under this paragraph may be used for— 

10 ‘‘(i) the immobilization or impound11 ment of commercial motor vehicles that are 

12 unsafe, fail inspection, or have violated a 

13 Federal out of service order; 

14 ‘‘(ii) safety inspections of vehicles de15 scribed in clause (i); 

16 ‘‘(iii) other activities related to the ac17 tivities described in clauses (i) and (ii), as 

18 determined by the Secretary. 

19 ‘‘(D) PASSENGER-CARRYING COMMERCIAL

20 MOTOR VEHICLE DEFINED.—In this paragraph, 

21 the term ‘passenger-carrying commercial motor 

22 vehicle’ has the meaning given such term in sec23 tion 31301.’’. 


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1 SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES 

2 STUDY. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary of Transpor5 tation shall initiate a review of the prevalence of, charac6 teristics of, and safe operation of commercial vehicles that 

7 have a gross vehicle weight rating or gross vehicle weight 

8 below 10,000 pounds, and are utilized in package delivery 

9 of goods moving in interstate commerce. 

10 (b) INDEPENDENT RESEARCH.—If the Secretary de11 cides to enter into a contract with a third party to perform 

12 the research required under subsection (a), the Secretary 

13 shall— 

14 (1) solicit applications from research institu15 tions that conduct objective, fact-based research to 

16 conduct the study; and 

17 (2) ensure that such third party does not have 

18 any financial or contractual ties with an entity en19 gaged in interstate commerce utilizing commercial 

20 vehicles or commercial motor vehicles. 

21 (c) ENTITIES INCLUDED.—As part of the review, the 

22 Secretary shall collect information from a cross-section of 

23 companies that use fleets of such vehicles for package de24 livery in interstate commerce, including companies that— 

25 (1) directly perform deliveries; 

26 (2) use contracted entities to perform work; and 


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1 (3) utilize a combination of direct deliveries and 

2 contract entities. 

3 (d) EVALUATION FACTORS.—The review shall include 

4 an evaluation of the following: 

5 (1) Fleet characteristics, including fleet struc6 ture, and vehicle miles traveled. 

7 (2) Fleet management, including scheduling of 

8 deliveries and maintenance practices. 

9 (3) Driver employment characteristics, includ10 ing the basis of compensation and classification. 

11 (4) How training, medical fitness, hours on 

12 duty, and safety of drivers is evaluated and overseen 

13 by companies, including prevention of occupational 

14 injuries and illnesses. 

15 (5) Safety performance metrics, based on data 

16 associated with the included entities, including crash 

17 rates, moving violations, failed inspections, and other 

18 related data points. 

19 (6) Financial responsibility and liability for 

20 safety or maintenance violations among companies, 

21 fleet managers, and drivers. 

22 (7) Loading and unloading practices, and how 

23 package volume and placement in the vehicle is de24 termined. 


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1 (8) Other relevant information determined nec2 essary by the Secretary in order to make rec3 ommendations under subsection (e). 

4 (e) REPORT AND RECOMMENDATIONS.—Upon com5 pletion of the review, the Secretary shall submit to the 

6 Committee on Transportation and Infrastructure of the 

7 House of Representatives and the Committee on Com8 merce of the Senate a report containing— 

9 (1) the findings of the Secretary on each of the 

10 factors in (d); 

11 (2) a list of regulations applicable to commer12 cial motor vehicles and commercial motor vehicle op13 erators that are not applicable to commercial vehicle 

14 operations described in this section; and 

15 (3) recommendations, based on the findings, on 

16 changes to laws or regulations at the Federal, State, 

17 or local level to promote safe operations and safe 

18 and fair working conditions for commercial vehicle 

19 operators. 

20 Subtitle B—Motor Carrier Safety 

21 Oversight 

22 SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COM23 MITTEE. 

24 Section 4144 of SAFETEA–LU (49 U.S.C. 31100 

25 note) is amended— 


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1 (1) in subsection (b)(1) by inserting ‘‘, includ2 ing small business motor carriers’’ after ‘‘industry’’; 

3 and 

4 (2) in subsection (d) by striking ‘‘September 

5 30, 2013’’ and inserting ‘‘September 30, 2026’’. 

6 SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Secretary of Transpor9 tation shall implement a revised methodology to be used 

10 in the Compliance, Safety, Accountability program of the 

11 Federal Motor Carrier Safety Administration to identify 

12 and prioritize motor carriers for intervention, using the 

13 recommendations of the study required by section 5221(a) 

14 of the FAST Act (49 U.S.C. 31100 note). 

15 (b) DATA AVAILABILITY.—The Secretary shall, in 

16 working toward implementation of the revised method17 ology described in subsection (a) prioritize revisions nec18 essary to— 

19 (1) restore the public availability of all relevant 

20 safety data under a revised methodology; and 

21 (2) make such safety data publicly available 

22 that was made publicly available on the day before 

23 the date of enactment of the FAST Act, as appro24 priate under a revised methodology. 

25 (c) IMPLEMENTATION.— 


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1 (1) PROGRESS REPORTS.—Not later than 30 

2 days after the date of enactment of this Act, and 

3 every 90 days thereafter until the date on which the 

4 Secretary implements the revised methodology de5 scribed in subsection (a), the Secretary shall submit 

6 to the Committee on Transportation and Infrastruc7 ture of the House of Representatives and the Com8 mittee on Commerce, Science, and Transportation of 

9 the Senate, and make publicly available on a website 

10 of the Department of Transportation, a progress re11 port on— 

12 (A) the status of the revision of the meth13 odology and related data modifications under 

14 subsection (a), a timeline for completion of such 

15 revision, and an estimated date for implementa16 tion of such revised methodology; 

17 (B) an explanation for any delays in devel18 opment or implementation of the revised meth19 odology over the reporting period; and 

20 (C) if the Secretary has not resumed mak21 ing publicly available the data described in sub22 section (b), an updated timeline for the restora23 tion of the public availability of data and a de24 tailed explanation for why such restoration has 

25 not occurred. 


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1 (2) PUBLICATION AND NOTIFICATION.—Prior 

2 to commencing the use of the revised methodology 

3 described in subsection (a) to identify and prioritize 

4 motor carriers for intervention (other than in a test5 ing capacity), the Secretary shall— 

6 (A) publish a detailed summary of the 

7 methodology in the Federal Register and pro8 vide a period for public comment; and 

9 (B) notify the Committee on Transpor10 tation and Infrastructure of the House of Rep11 resentatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate, in 

13 writing. 

14 (d) SAFETY FITNESS RULE.— 

15 (1) RULEMAKING.—Not later than 1 year after 

16 the date on which the Secretary notifies Congress 

17 under subsection (c)(2), the Secretary shall issue 

18 final regulations pursuant to section 31144(b) of 

19 title 49, United States Code, to revise the method20 ology for issuance of motor carrier safety fitness de21 terminations. 

22 (2) CONSIDERATIONS.—In issuing the regula23 tions under paragraph (1), the Secretary shall con24 sider the use of all available data to determine the 

25 fitness of a motor carrier. 


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1 (e) REPEAL.—Section 5223 of the FAST Act (49 

2 U.S.C. 31100 note), and the item related to such section 

3 in the table of contents in section 1(b) of such Act, are 

4 repealed. 

5 SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS. 

6 Section 31315 of title 49, United States Code, is 

7 amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (4)(A) by inserting ‘‘, in10 cluding data submission requirements,’’ after 

11 ‘‘terms and conditions’’; and 

12 (B) by striking paragraph (8) and insert13 ing the following: 

14 ‘‘(8) TERMS AND CONDITIONS.— 

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

16 establish terms and conditions for each exemp17 tion to ensure that the exemption will not likely 

18 degrade the level of safety achieved by the per19 son or class of persons granted the exemption, 

20 and allow the Secretary to evaluate whether an 

21 equivalent level of safety is maintained while 

22 the person or class of persons is operating 

23 under such exemption, including— 


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1 ‘‘(i) requiring the regular submission 

2 of accident and incident data to the Sec3 retary; 

4 ‘‘(ii) requiring immediate notification 

5 to the Secretary in the event of a crash 

6 that results in a fatality or serious bodily 

7 injury; 

8 ‘‘(iii) for exemptions granted by the 

9 Secretary related to hours of service rules 

10 under part 395 of title 49, Code of Federal 

11 Regulations, requiring that the exempt 

12 person or class of persons submit to the 

13 Secretary evidence of participation in a 

14 recognized fatigue management plan; and 

15 ‘‘(iv) providing documentation of the 

16 authority to operate under the exemption 

17 to each exempt person, to be used to dem18 onstrate compliance if requested by a 

19 motor carrier safety enforcement officer 

20 during a roadside inspection. 

21 ‘‘(B) IMPLEMENTATION.—The Secretary 

22 shall monitor the implementation of the exemp23 tion to ensure compliance with its terms and 

24 conditions.’’; and 


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1 (2) in subsection (e) by inserting ‘‘, based on an 

2 analysis of data collected by the Secretary and sub3 mitted to the Secretary under subsection (b)(8)’’ 

4 after ‘‘safety’’. 

5 SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PAS6 SENGERS. 

7 Section 31144(i) of title 49, United States Code, is 

8 amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (A) by striking ‘‘who 

11 the Secretary registers under section 13902 or 

12 31134’’; and 

13 (B) in subparagraph (B) by inserting ‘‘to 

14 motor carriers of passengers and’’ after 

15 ‘‘apply’’; and 

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

17 ‘‘(5) MOTOR CARRIER OF PASSENGERS DE18 FINED.—In this subsection, the term ‘motor carrier 

19 of passengers’ includes an offeror of motorcoach 

20 services that sells scheduled transportation of pas21 sengers for compensation at fares and on schedules 

22 and routes determined by such offeror, regardless of 

23 ownership or control of the vehicles or drivers used 

24 to provide the transportation by motorcoach.’’. 


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1 SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES. 

2 Section 13506(b) of title 49, United States Code, is 

3 amended— 

4 (1) in paragraph (2) by striking ‘‘or’’ at the 

5 end; 

6 (2) in paragraph (3) by striking the period at 

7 the end and inserting ‘‘; or’’; and 

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

9 ‘‘(4) transportation by a motor vehicle designed 

10 or used to transport between 9 and 15 passengers 

11 (including the driver), whether operated alone or 

12 with a trailer attached for the transport of rec13 reational equipment, that is operated by a person 

14 that provides recreational activities if— 

15 ‘‘(A) the transportation is provided within 

16 a 150 air-mile radius of the location where pas17 sengers are boarded; and 

18 ‘‘(B) the person operating the motor vehi19 cle, if transporting passengers over a route be20 tween a place in a State and a place in another 

21 State, is otherwise lawfully providing transpor22 tation of passengers over the entire route in ac23 cordance with applicable State law.’’. 


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1 SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO 

2 TRANSPORTATION OF HOUSEHOLD GOODS IN 

3 INTERSTATE COMMERCE. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ADMINISTRATION.—The term ‘‘Administra6 tion’’ means the Federal Motor Carrier Safety Ad7 ministration. 

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

9 carrier’’ means a motor carrier that is— 

10 (A) engaged in the interstate transpor11 tation of household goods; and 

12 (B) subject to the requirements of part 

13 375 of title 49, Code of Federal Regulations (as 

14 in effect on the effective date of the amend15 ments required by subsection (b)). 

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

17 the Secretary of Transportation. 

18 (b) AMENDMENTS TO REGULATIONS.—Not later 

19 than 1 year after the date of enactment of this Act, the 

20 Secretary shall issue a notice of proposed rulemaking to 

21 amend regulations related to the interstate transportation 

22 of household goods. 

23 (c) CONSIDERATIONS.—In issuing the notice of pro24 posed rulemaking under subsection (b), the Secretary shall 

25 consider the following recommended amendments to provi26 sions of title 49, Code of Federal Regulations: 


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1 (1) Section 375.207(b) to require each covered 

2 carrier to include on the website of the covered car3 rier a link— 

4 (A) to the publication of the Administra5 tion titled ‘‘Ready to Move–Tips for a Success6 ful Interstate Move’’ (ESA 03005) on the 

7 website of the Administration; or 

8 (B) to a copy of the publication referred to 

9 in subparagraph (A) on the website of the cov10 ered carrier. 

11 (2) Subsections (a) and (b)(1) of section 

12 375.213 to require each covered carrier to provide to 

13 each individual shipper, with any written estimate 

14 provided to the shipper, a copy of the publication de15 scribed in appendix A of part 375 of such title, enti16 tled ‘‘Your Rights and Responsibilities When You 

17 Move’’ (ESA–03–006 (or a successor publication)), 

18 in the form of a written copy or a hyperlink on the 

19 website of the covered carrier to the location on the 

20 website of the Administration containing such publi21 cation. 

22 (3) Subsection (e) of section 375.213, to repeal 

23 such subsection. 

24 (4) Section 375.401(a), to require each covered 

25 carrier— 


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1 (A) to conduct a visual survey of the 

2 household goods to be transported by the cov3 ered carrier— 

4 (i) in person; or 

5 (ii) virtually, using— 

6 (I) a remote camera; or 

7 (II) another appropriate tech8 nology; 

9 (B) to offer a visual survey described in 

10 subparagraph (A) for all household goods ship11 ments, regardless of the distance between— 

12 (i) the location of the household 

13 goods; and 

14 (ii) the location of the agent of the 

15 covered carrier preparing the estimate; and 

16 (C) to provide to each shipper a copy of 

17 publication of the Administration titled ‘‘Ready 

18 to Move–Tips for a Successful Interstate Move’’ 

19 (ESA 03005) on receipt from the shipper of a 

20 request to schedule, or a waiver of, a visual sur21 vey offered under subparagraph (B). 

22 (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), 

23 and 375.405(b)(7)(ii), and subpart D of appendix A 

24 of part 375, to require that, in any case in which a 

25 shipper tenders any additional item or requests any 


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1 additional service prior to loading a shipment, the 

2 affected covered carrier shall— 

3 (A) prepare a new estimate; and 

4 (B) maintain a record of the date, time, 

5 and manner in which the new estimate was ac6 cepted by the shipper. 

7 (6) Section 375.501(a), to establish that a cov8 ered carrier is not required to provide to a shipper 

9 an order for service if the covered carrier elects to 

10 provide the information described in paragraphs (1) 

11 through (15) of such section in a bill of lading that 

12 is presented to the shipper before the covered carrier 

13 receives the shipment. 

14 (7) Subpart H of part 375, to replace the re15 place the terms ‘‘freight bill’’ and ‘‘expense bill’’ 

16 with the term ‘‘invoice’’. 

17 SEC. 4207. BROKER GUIDANCE. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of enactment of this Act, the Secretary of Transpor20 tation shall issue guidance to clarify the definitions of the 

21 terms ‘‘broker’’ and ‘‘bona fide agents’’ under part 371 

22 of title 49, Code of Federal Regulations. 

23 (b) CONSIDERATIONS.—In issuing the guidance 

24 under subsection (a), the Secretary shall consider the ex25 tent to which technology has changed the nature of freight 


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1 brokerage, the role of bona fide agents, and other aspects 

2 of the freight transportation industry. 

3 (c) DISPATCH SERVICES.—In issuing the guidance 

4 under subsection (a), the Secretary shall, at a minimum— 

5 (1) examine the role of a dispatch service in the 

6 transportation industry; 

7 (2) examine the extent to which dispatch serv8 ices could be considered brokers or bona fide agents; 

9 and 

10 (3) clarify the level of financial penalties for un11 authorized brokerage activities under section 14916 

12 of title 49, United States Code, applicable to a dis13 patch service. 

14 Subtitle C—Commercial Motor 

15 Vehicle Driver Safety 

16 SEC. 4301. COMMERCIAL DRIVER’S LICENSE FOR PAS17 SENGER CARRIERS. 

18 Section 31301 of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (4)— 

21 (A) in subparagraph (B) by striking ‘‘or’’; 

22 (B) by redesignating subparagraph (C) as 

23 subparagraph (D); and 

24 (C) by inserting after subparagraph (B) 

25 the following: 


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1 ‘‘(C) is designed or used as a stretch lim2 ousine; or’’; 

3 (2) by redesignating paragraph (15) as para4 graph (16); and 

5 (3) by inserting after paragraph (14) the fol6 lowing: 

7 ‘‘(15) ‘stretch limousine’ means any sedan or 

8 sports utility vehicle that— 

9 ‘‘(A) has been modified to add seating ca10 pacity to that provided by the vehicle manufac11 turer through an extended chassis, lengthened 

12 wheelbase, or an elongated seating area; 

13 ‘‘(B) as modified, has a seating capacity of 

14 more than 8 passengers (including the driver); 

15 ‘‘(C) is used under trip-by-trip contracts 

16 for the transportation of passengers for com17 pensation on a prearranged basis; and 

18 ‘‘(D) is not used for public transportation 

19 service, as such term is defined in section 

20 5302;’’. 

21 SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TEST22 ING. 

23 Section 31306(c)(2) of title 49, United States Code, 

24 is amended by striking ‘‘, for urine testing,’’. 


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1 SEC. 4303. ENTRY-LEVEL DRIVER TRAINING. 

2 Not later than 30 days after the date of enactment 

3 of this Act, and every 90 days thereafter until the compli4 ance date for the final rule published on December 8, 

5 2016, titled ‘‘Minimum Training Requirements for Entry6 Level Commercial Motor Vehicle Operators’’ (81 Fed. 

7 Reg. 88732), the Secretary shall submit to the Committee 

8 on Transportation and Infrastructure of the House of 

9 Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate a report on— 

11 (1) a schedule, including benchmarks, to com12 plete implementation of the requirements under such 

13 final rule; 

14 (2) any anticipated delays, if applicable, in 

15 meeting the benchmarks described in paragraph (1); 

16 (3) the progress that the Secretary has made in 

17 updating the Department of Transportation’s infor18 mation technology infrastructure to support the 

19 training provider registry; 

20 (4) a list of States that have adopted laws or 

21 regulations to implement such final rule; and 

22 (5) a list of States, if applicable, that are imple23 menting the rule and confirming that an applicant 

24 for a commercial driver’s license has complied with 

25 the requirements. 


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1 SEC. 4304. DRIVER DETENTION TIME. 

2 (a) DATA COLLECTION.—Not later than 30 days 

3 after the date of enactment of this Act, the Secretary 

4 shall— 

5 (1) begin to collect data on delays experienced 

6 by operators of commercial motor vehicles, as re7 quired under section 5501 of the FAST Act (49 

8 U.S.C. 14103 note) and as referenced in the request 

9 for information published on June 10, 2019, titled 

10 ‘‘Request for Information Concerning Commercial 

11 Motor Vehicle Driver Detention Times During Load12 ing and Unloading’’ (84 Fed. Reg. 26932); and 

13 (2) make such data available on a publicly ac14 cessible website of the Department of Transpor15 tation. 

16 (b) DETENTION TIME LIMITS.— 

17 (1) RULEMAKING.—Not later than 1 year after 

18 the date of enactment of this Act, the Secretary 

19 shall initiate a rulemaking to establish limits on the 

20 amount of time that an operator of a commercial 

21 motor vehicle may be reasonably detained by a ship22 per or receiver before the loading or unloading of the 

23 vehicle, if the operator is not compensated for such 

24 time detained. 


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1 (2) CONTENTS.—As part of the rulemaking 

2 conducted pursuant to subsection (a), the Secretary 

3 shall— 

4 (A) consider the diverse nature of oper5 ations in the movement of goods by commercial 

6 motor vehicle; 

7 (B) examine any correlation between time 

8 detained and violations of the hours-of-service 

9 rules under part 395 of title 49, Code of Fed10 eral Regulations; 

11 (C) determine whether the effect of deten12 tion time on safety differs based on— 

13 (i) how an operator is compensated; 

14 and 

15 (ii) the contractual relationship be16 tween the operator and the motor carrier, 

17 including whether an operator is an em18 ployee, a leased owner-operator, or an 

19 owner-operator with independent authority; 

20 and 

21 (D) establish a process for a motor carrier, 

22 shipper, receiver, broker, or commercial motor 

23 vehicle operator to report instances of time de24 tained beyond the Secretary’s established limits. 


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1 (3) INCORPORATION OF INFORMATION.—The 

2 Secretary shall incorporate information received 

3 under paragraph (2)(D) into the process established 

4 pursuant to subsection (a) once a final rule takes ef5 fect. 

6 (c) DATA PROTECTION.—Data made available pursu7 ant to this section shall be made available in a manner 

8 that— 

9 (1) precludes the connection of the data to any 

10 individual motor carrier or commercial motor vehicle 

11 operator; and 

12 (2) protects privacy and confidentiality of indi13 viduals, operators, and motor carriers submitting the 

14 data. 

15 (d) COMMERCIAL MOTOR VEHICLE DEFINED.—In 

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

17 meaning given such term in section 31101 of title 49, 

18 United States Code. 

19 SEC. 4305. TRUCK LEASING TASK FORCE. 

20 (a) ESTABLISHMENT.—Not later than 6 months after 

21 the date of enactment of this Act, the Secretary of Trans22 portation, in consultation with the Secretary of Labor, 

23 shall establish a Truck Leasing Task Force (hereinafter 

24 referred to as the ‘‘Task Force’’). 


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1 (b) MEMBERSHIP.—The Secretary of Transportation 

2 shall select not more than 15 individuals to serve as mem3 bers of the Task Force, including equal representation 

4 from each of the following: 

5 (1) Labor organizations. 

6 (2) The motor carrier industry, including inde7 pendent owner-operators. 

8 (3) Consumer protection groups. 

9 (4) Safety groups. 

10 (5) Members of the legal profession who spe11 cialize in consumer finance issues. 

12 (c) DUTIES.—The Task Force shall examine, at a 

13 minimum— 

14 (1) common truck leasing arrangements avail15 able to property-carrying commercial motor vehicle 

16 drivers, including lease-purchase agreements; 

17 (2) the terms of such leasing agreements; 

18 (3) the prevalence of predatory leasing agree19 ments in the motor carrier industry; 

20 (4) specific agreements available to drayage 

21 drivers at ports related to the Clean Truck Program 

22 or similar programs to decrease emissions from port 

23 operations; 

24 (5) the impact of truck leasing agreements on 

25 the net compensation of property-carrying commerVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00846 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 cial motor vehicle drivers, including port drayage 

2 drivers; 

3 (6) resources to assist property-carrying com4 mercial motor vehicle drivers in assessing the im5 pacts of leasing agreements; and 

6 (7) the classification of property-carrying com7 mercial motor vehicle drivers under lease-purchase 

8 agreements. 

9 (d) COMPENSATION.—A member of the Task Force 

10 shall serve without compensation. 

11 (e) REPORT.—Upon completion of the examination 

12 described in subsection (c), the Task Force shall submit 

13 to the Secretary of Transportation, Secretary of Labor, 

14 and appropriate congressional committees a report con15 taining— 

16 (1) the findings of the Task Force on the mat17 ters described in subsection (c); 

18 (2) best practices related to— 

19 (A) assisting a commercial motor vehicle 

20 driver in assessing the impacts of leasing agree21 ments prior to entering into such agreements; 

22 and 

23 (B) assisting a commercial motor vehicle 

24 driver who has entered into a predatory lease 

25 agreement; and 


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1 (3) recommendations on changes to laws or reg2 ulations, as applicable, at the Federal, State, or local 

3 level to promote fair leasing agreements under which 

4 a commercial motor vehicle driver is able to earn a 

5 living wage. 

6 (f) TERMINATION.—Not later than 1 month after the 

7 date of submission of the report pursuant to subsection 

8 (e), the Task Force shall terminate. 

9 SEC. 4306. HOURS OF SERVICE. 

10 (a) COMPREHENSIVE REVIEW.— 

11 (1) COMPREHENSIVE REVIEW OF HOURS OF

12 SERVICE RULES.—Not later than 60 days after the 

13 date of enactment of this Act, the Secretary shall 

14 initiate a comprehensive review of hours of service 

15 rules and the impacts of waivers, exemptions, and 

16 other allowances that limit the applicability of such 

17 rules. 

18 (2) CHANGES TO REGULATIONS.—In carrying 

19 out the comprehensive review under paragraph (1) 

20 and the required analyses under paragraphs (3) and 

21 (4), the Secretary shall consider the modifications 

22 made in the final rule published on June 1, 2020, 

23 titled ‘‘Hours of Service of Drivers’’ (85 Fed. Reg. 

24 33396) and evaluate the impacts of the allowance to 


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1 operate in excess of the limits in effect prior to June 

2 1, 2020. 

3 (3) LIST OF EXEMPTIONS.—In carrying out the 

4 comprehensive review required under paragraph (1), 

5 the Secretary shall— 

6 (A) compile a list of waivers, exemptions, 

7 and other allowances— 

8 (i) under which a driver may operate 

9 in excess of the otherwise applicable limits 

10 on on-duty or driving time in absence of 

11 such exemption, waiver, or other allowance; 

12 (ii) under which a driver may operate 

13 without recording compliance with hours of 

14 service rules through the use of an elec15 tronic logging device; and 

16 (iii) applicable— 

17 (I) to specific segments of the 

18 motor carrier industry or sectors of 

19 the economy; 

20 (II) on a periodic or seasonal 

21 basis; and 

22 (III) to specific types of oper23 ations, including the short haul ex24 emption under part 395 of title 49, 

25 Code of Federal Regulations; 


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1 (B) specify whether each such waiver, ex2 emption, or other allowance was granted by the 

3 Department of Transportation or enacted by 

4 Congress, and how long such waiver, exemption, 

5 or other allowance has been in effect; and 

6 (C) estimate the number of motor carriers, 

7 motor private carriers, and drivers that may 

8 qualify to use each waiver, exemption, or other 

9 allowance. 

10 (4) SAFETY IMPACT ANALYSIS.— 

11 (A) IN GENERAL.—In carrying out the 

12 comprehensive review under paragraph (1), the 

13 Secretary, in consultation with State motor car14 rier enforcement entities, shall undertake a sta15 tistically valid analysis to determine the safety 

16 impact, including on enforcement, of the exemp17 tions, waivers, or other allowances compiled 

18 under paragraph (2) by— 

19 (i) using available data, or collecting 

20 from motor carriers or motor private car21 riers and drivers operating under an ex22 emption, waiver, or other allowance if the 

23 Secretary does not have sufficient data, to 

24 determine the incidence of accidents, fa25 tigue-related incidents, and other relevant 


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1 safety information related to hours of serv2 ice among motor carriers, private motor 

3 carriers, and drivers permitted to operate 

4 under each exemption, waiver, or other al5 lowance; 

6 (ii) comparing the data described in 

7 subparagraph (A) to safety data from 

8 motor carriers, motor private carriers, and 

9 drivers that are subject to the hours of 

10 service rules and not operating under an 

11 exemption, waiver, or other allowance; and 

12 (iii) based on the comparison under 

13 subparagraph (B), determining whether 

14 waivers, exemptions, and other allowances 

15 in effect provide an equivalent level of safe16 ty as would exist in the absence of exemp17 tions, waivers, or other allowances. 

18 (B) CONSULTATION.—The Secretary shall 

19 consult with State motor carrier enforcement 

20 entities in carrying out this paragraph. 

21 (C) EXCLUSIONS.—The Secretary shall ex22 clude data related to exemptions, waivers, or 

23 other allowances made pursuant to an emer24 gency declaration under section 390.23 of title 

25 49, Code of Federal Regulations, or extended 


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1 under section 390.25 of title 49, Code of Fed2 eral Regulations, from the analysis required 

3 under this paragraph. 

4 (5) DRIVER IMPACT ANALYSIS.—In carrying out 

5 the comprehensive review under paragraph (1), the 

6 Secretary shall further consider— 

7 (A) data on driver detention collected by 

8 the Secretary pursuant to section 4304 of this 

9 Act and other conditions affecting the move10 ment of goods by commercial motor vehicle, and 

11 how such conditions interact with the Sec12 retary’s regulations on hours of service; 

13 (B) whether exemptions, waivers, or other 

14 allowances that permit additional on-duty time 

15 or driving time have a deleterious effect on the 

16 physical condition of drivers; and 

17 (C) whether differences in the manner in 

18 which drivers are compensated result in dif19 ferent levels of burden for drivers in complying 

20 with hours of service rules. 

21 (b) PEER REVIEW.—Prior to the publication of the 

22 review required under subsection (d), the analyses per23 formed by the Secretary shall undergo an independent 

24 peer review. 


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1 (c) PUBLICATION.—Not later than 18 months after 

2 the date that the Secretary initiates the comprehensive re3 view under subsection (b)(1), the Secretary shall publish 

4 the findings of such review in the Federal Register and 

5 provide for a period for public comment. 

6 (d) REPORT TO CONGRESS.—Not later than 30 days 

7 after the conclusion of the public comment period under 

8 subsection (d), the Secretary shall submit to the Com9 mittee on Commerce, Science, and Transportation and the 

10 Committee on Environment and Public Works of the Sen11 ate and the Committee on Transportation and Infrastruc12 ture of the House of Representatives and make publicly 

13 available on a website of the Department of Transpor14 tation a report containing the information and analyses 

15 required under subsection (b). 

16 (e) REPLACEMENT OF GUIDANCE.—Not later than 1 

17 year after the date of enactment of this Act, the Secretary 

18 shall initiate a rulemaking to update the Department of 

19 Transportation guidance published on June 7, 2018, titled 

20 ‘‘Hours of Service of Drivers of Commercial Motor Vehi21 cles: Regulatory Guidance Concerning the Use of a Com22 mercial Motor Vehicle for Personal Conveyance’’ (83 Fed. 

23 Reg. 26377) to prescribe specific mileage or time limits, 

24 or both, for the use of personal conveyance. 

25 (f) DEFINITIONS.—In this section: 


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1 (1) MOTOR CARRIER; MOTOR PRIVATE CAR2 RIER.—The terms ‘‘motor carrier’’ and ‘‘motor pri3 vate carrier’’ have the meanings given such terms in 

4 section 31501 of title 49, United States Code. 

5 (2) ON-DUTY TIME; DRIVING TIME; ELEC6 TRONIC LOGGING DEVICE.—The terms ‘‘on-duty 

7 time’’, ‘‘driving time’’, and ‘‘electronic logging de8 vice’’ have the meanings given such terms in section 

9 395.2 of title 49, Code of Federal Regulations (as 

10 in effect on June 1, 2020). 

11 SEC. 4307. DRIVER RECRUITMENT. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of enactment of this Act, the inspector general of the 

14 Department of Transportation shall submit to the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate a report exam18 ining the operation of commercial motor vehicles in the 

19 United States by drivers admitted to the United States 

20 under temporary business visas. 

21 (b) CONTENTS.—The report under paragraph (1) 

22 shall include— 

23 (1) an assessment of— 

24 (A) the prevalence of the operation of com25 mercial motor vehicles in the United States by 


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1 drivers admitted to the United States under 

2 temporary business visas; 

3 (B) the characteristics of motor carriers 

4 that recruit and use such drivers, including the 

5 country of domicile of the motor carrier or sub6 sidiary; 

7 (C) the demographics of drivers operating 

8 in the United States under such visas, including 

9 the country of domicile of such drivers; and 

10 (D) the contractual relationship between 

11 such motor carriers and such drivers; 

12 (2) an analysis of whether such drivers are re13 quired to comply with— 

14 (A) motor carrier safety regulations under 

15 subchapter B of chapter III of title 49, Code of 

16 Federal Regulations, including— 

17 (i) the English proficiency require18 ment under section 391.11(2) of title 49, 

19 Code of Federal Regulations; 

20 (ii) the requirement for drivers of a 

21 motor carrier to report any violations of a 

22 regulation to such motor carrier under sec23 tion 391.27 of title 49, Code of Federal 

24 Regulations; and 


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1 (iii) driver’s licensing requirements 

2 under part 383 of title 49, Code of Federal 

3 Regulations, including entry-level driver 

4 training and drug and alcohol testing 

5 under part 382 of such title; and 

6 (B) regulations prohibiting point-to-point 

7 transportation in the United States, or cabo8 tage, under part 365 of title 49, Code of Fed9 eral Regulations; 

10 (3) an evaluation of the safety record of the op11 erations and drivers described in paragraph (1), in12 cluding— 

13 (A) violations of the motor carrier safety 

14 regulations under subchapter B of chapter III 

15 of title 49, Code of Federal Regulations, includ16 ing applicable requirements described in para17 graph (2)(A); and 

18 (B) the number of crashes involving such 

19 operations and drivers; and 

20 (4) the impact of such operations and drivers 

21 on— 

22 (A) commercial motor vehicle drivers domi23 ciled in the United States, including employ24 ment levels and driver compensation of such 

25 drivers; and 


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1 (B) the competitiveness of motor carriers 

2 domiciled in the United States. 

3 (c) DEFINITIONS.—In this section: 

4 (1) COMMERCIAL MOTOR VEHICLE.—In this 

5 section, the term ‘‘commercial motor vehicle’’ has 

6 the meaning given such term in section 31101 of 

7 title 49, United States Code. 

8 (2) TEMPORARY BUSINESS VISA.—The term 

9 ‘‘temporary business visa’’ means any driver who is 

10 present in the United States with status under sec11 tion 101(a)(15)(H)(i)(b) of the Immigration and 

12 Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)). 

13 SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA. 

14 (a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of this Act, the Secretary of Transpor16 tation shall— 

17 (1) assess the risk posed by untreated obstruc18 tive sleep apnea in drivers of commercial motor vehi19 cles and the feasibility, benefits, and costs associated 

20 with establishing screening criteria for obstructive 

21 sleep apnea in drivers of commercial motor vehicles; 

22 (2) issue a notice in the Federal Register con23 taining the independently peer-reviewed findings of 

24 the assessment required under paragraph (1) not 

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1 ment and provide an opportunity for public com2 ment; and 

3 (3) if the Secretary contracts with an inde4 pendent third party to conduct the assessment re5 quired under paragraph (1), ensure that the inde6 pendent third party shall not have any financial or 

7 contractual ties or relationship with a motor carrier 

8 that transports passengers or property for com9 pensation, the motor carrier industry, or driver ad10 vocacy organizations. 

11 (b) SCREENING CRITERIA.— 

12 (1) IN GENERAL.—Not later than 12 months 

13 after the date of enactment of this Act, the Sec14 retary shall publish in the Federal Register a pro15 posed rule to establish screening criteria for obstruc16 tive sleep apnea in commercial motor vehicle drivers 

17 and provide an opportunity for public comment. 

18 (2) FINAL RULE.—Not later than 2 years after 

19 the date of enactment of this Act, the Secretary 

20 shall issue a final rule to establish screening criteria 

21 for obstructive sleep apnea in commercial motor ve22 hicle drivers. 

23 (c) COMMERCIAL MOTOR VEHICLE DEFINED.—In 

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


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1 meaning given such term in section 31132 of title 49, 

2 United States Cod 

3 SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD. 

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

5 ‘‘Promoting Women in Trucking Workforce Act’’. 

6 (b) FINDINGS.—Congress finds that— 

7 (1) women make up 47 percent of the work8 force of the United States; 

9 (2) women are significantly underrepresented in 

10 the trucking industry, holding only 24 percent of all 

11 transportation and warehousing jobs and rep12 resenting only— 

13 (A) 6.6 percent of truck drivers; 

14 (B) 12.5 percent of all workers in truck 

15 transportation; and 

16 (C) 8 percent of freight firm owners; 

17 (3) given the total number of women truck driv18 ers, women are underrepresented in the truck-driv19 ing workforce; and 

20 (4) women truck drivers have been shown to be 

21 20 percent less likely than male counterparts to be 

22 involved in a crash. 

23 (c) SENSE OF CONGRESS REGARDING WOMEN IN

24 TRUCKING.—It is the sense of Congress that the trucking 

25 industry should explore every opportunity, including driver 


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1 training and mentorship programs, to encourage and sup2 port the pursuit of careers in trucking by women. 

3 (d) ESTABLISHMENT.—To encourage women to enter 

4 the field of trucking, the Administrator shall establish and 

5 facilitate an advisory board, to be known as the ‘‘Women 

6 of Trucking Advisory Board’’, to promote organizations 

7 and programs that— 

8 (1) provide education, training, mentorship, or 

9 outreach to women in the trucking industry; and 

10 (2) recruit women into the trucking industry. 

11 (e) MEMBERSHIP.— 

12 (1) IN GENERAL.—The Board shall be com13 posed of not fewer than seven members whose back14 grounds allow those members to contribute balanced 

15 points of view and diverse ideas regarding the strate16 gies and objectives described in subsection (f)(2). 

17 (2) APPOINTMENT.—Not later than 270 days 

18 after the date of enactment of this Act, the Adminis19 trator shall appoint the members of the Board, of 

20 whom— 

21 (A) not fewer than one shall be a rep22 resentative of large trucking companies; 

23 (B) not fewer than one shall be a rep24 resentative of mid-sized trucking companies; 


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1 (C) not fewer than one shall be a rep2 resentative of small trucking companies; 

3 (D) not fewer than one shall be a rep4 resentative of nonprofit organizations in the 

5 trucking industry; 

6 (E) not fewer than one shall be a rep7 resentative of trucking business associations; 

8 (F) not fewer than one shall be a rep9 resentative of independent owner-operators; and 

10 (G) not fewer than one shall be a woman 

11 who is a professional truck driver. 

12 (3) TERMS.—Each member shall be appointed 

13 for the life of the Board. 

14 (4) COMPENSATION.—A member of the Board 

15 shall serve without compensation. 

16 (f) DUTIES.— 

17 (1) IN GENERAL.—The Board shall identify— 

18 (A) industry trends that directly or indi19 rectly discourage women from pursuing careers 

20 in trucking, including— 

21 (i) any differences between women mi22 nority groups; 

23 (ii) any differences between women 

24 who live in rural, suburban, and urban 

25 areas; and 


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1 (iii) any safety risks unique to the 

2 trucking industry; 

3 (B) ways in which the functions of truck4 ing companies, nonprofit organizations, and 

5 trucking associations may be coordinated to fa6 cilitate support for women pursuing careers in 

7 trucking; 

8 (C) opportunities to expand existing oppor9 tunities for women in the trucking industry; 

10 and 

11 (D) opportunities to enhance trucking 

12 training, mentorship, education, and outreach 

13 programs that are exclusive to women. 

14 (2) REPORT.—Not later than 18 months after 

15 the date of enactment of this Act, the Board shall 

16 submit to the Administrator a report describing 

17 strategies that the Administrator may adopt— 

18 (A) to address any industry trends identi19 fied under paragraph (1)(A); 

20 (B) to coordinate the functions of trucking 

21 companies, nonprofit organizations, and truck22 ing associations in a manner that facilitates 

23 support for women pursuing careers in truck24 ing; 

25 (C) to— 


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1 (i) take advantage of any opportuni2 ties identified under paragraph (1)(C); and 

3 (ii) create new opportunities to ex4 pand existing scholarship opportunities for 

5 women in the trucking industry; and 

6 (D) to enhance trucking training, 

7 mentorship, education, and outreach programs 

8 that are exclusive to women. 

9 (g) REPORT TO CONGRESS.— 

10 (1) IN GENERAL.—Not later than 2 years after 

11 the date of enactment of this Act, the Administrator 

12 shall submit to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the 

14 Committee on Transportation and Infrastructure of 

15 the House of Representatives a report describing— 

16 (A) any strategies recommended by the 

17 Board under subsection (f)(2); and 

18 (B) any actions taken by the Adminis19 trator to adopt the strategies recommended by 

20 the Board (or an explanation of the reasons for 

21 not adopting the strategies). 

22 (2) PUBLIC AVAILABILITY.—The Administrator 

23 shall make the report under paragraph (1) publicly 

24 available— 


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1 (A) on the website of the Federal Motor 

2 Carrier Safety Administration; and 

3 (B) in appropriate offices of the Federal 

4 Motor Carrier Safety Administration. 

5 (h) TERMINATION.—The Board shall terminate on 

6 submission of the report to Congress under subsection (g). 

7 (i) DEFINITIONS.—In this section: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal 

10 Motor Carrier Safety Administration. 

11 (2) BOARD.—The term ‘‘Board’’ means the 

12 Women of Trucking Advisory Board established 

13 under subsection (d). 

14 (3) LARGE TRUCKING COMPANY.—The term 

15 ‘‘large trucking company’’ means a motor carrier (as 

16 defined in section 13102 of title 49, United States 

17 Code) with an annual revenue greater than 

18 $1,000,000,000. 

19 (4) MID-SIZED TRUCKING COMPANY.—The term 

20 ‘‘mid-sized trucking company’’ means a motor car21 rier (as defined in section 13102 of title 49, United 

22 States Code) with an annual revenue of not less 

23 than $35,000,000 and not greater than 

24 $1,000,000,000. 


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1 (5) SMALL TRUCKING COMPANY.—The term 

2 ‘‘small trucking company’’ means a motor carrier 

3 (as defined in section 13102 of title 49, United 

4 States Code) with an annual revenue less than 

5 $35,000,000. 

6 SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE 

7 SAFETY. 

8 (a) DEFINITION.—Section 31301(14) of title 49, 

9 United States Code, is amended— 

10 (1) by striking ‘‘and’’ and inserting a comma; 

11 and 

12 (2) by inserting ‘‘, and Puerto Rico’’ before the 

13 period. 

14 (b) IMPLEMENTATION.—The Administrator of the 

15 Federal Motor Carrier Safety Administration shall work 

16 with the Commonwealth of Puerto Rico on obtaining full 

17 compliance with chapter 313 of title 49, United States 

18 Code, and regulations adopted under that chapter. 

19 (c) GRACE PERIOD.—Notwithstanding section 

20 31311(a) of title 49, United States Code, during a 5-year 

21 period beginning on the date of enactment of this Act, the 

22 Commonwealth of Puerto Rico shall not be subject to a 

23 withholding of an apportionment of funds under para24 graphs (1) and (2) of section 104(b) of title 23, United 


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1 States Code, for failure to comply with any requirement 

2 under section 31311(a) of title 49, United States Code. 

3 SEC. 4311. USE OF DATA. 

4 Section 31137(e) of title 49, United States Code, is 

5 amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘only’’; and 

8 (B) by striking ‘‘, including record-of-duty 

9 status regulations’’ and inserting ‘‘and to con10 duct transportation research utilizing such 

11 data’’; 

12 (2) in paragraph (2) by striking ‘‘to enforce the 

13 regulations referred to in’’ and inserting ‘‘for pur14 poses authorized under’’; and 

15 (3) by amending paragraph (3) to read as fol16 lows: 

17 ‘‘(3) RESEARCH DATA.—The Secretary shall in18 stitute appropriate measures to protect the privacy 

19 of individuals, operators, and motor carriers when 

20 data obtained from an electronic logging device is 

21 used for research pursuant to this section and such 

22 research is 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 

7 shall issue a notice of proposed rulemaking to con8 sider requiring large schoolbuses to be equipped with 

9 safety belts for all seating positions, if the Secretary 

10 determines that such standards meet the require11 ments and considerations set forth in subsections (a) 

12 and (b) of section 30111 of title 49, United States 

13 Code. 

14 (2) CONSIDERATIONS.—In issuing a notice of 

15 proposed rulemaking under paragraph (1), the Sec16 retary shall consider— 

17 (A) the safety benefits of a lap/shoulder 

18 belt system (also known as a Type 2 seatbelt 

19 assembly); 

20 (B) the investigations and recommenda21 tions of the National Transportation Safety 

22 Board on seatbelts in schoolbuses; 

23 (C) existing experience, including analysis 

24 of student injuries and fatalities compared to 

25 States without seat belt laws, and seat belt 


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1 usage rates, from States that require 

2 schoolbuses to be equipped with seatbelts, in3 cluding Type 2 seatbelt assembly; 

4 (D) the impact of lap/shoulder belt systems 

5 on emergency evacuations, with a focus on 

6 emergency evacuations involving students below 

7 the age of 14, and emergency evacuations ne8 cessitated by fire or water submersion; and 

9 (E) the impact of lap/shoulder belt systems 

10 on the overall availability of schoolbus transpor11 tation. 

12 (3) REPORT.—If the Secretary determines that 

13 a standard described in paragraph (1) does not meet 

14 the requirements and considerations set forth in sub15 sections (a) and (b) of section 30111 of title 49, 

16 United States Code, the Secretary shall submit to 

17 the Committee on Transportation and Infrastructure 

18 of the House of Representatives and the Committee 

19 on Commerce, Science, and Transportation of the 

20 Senate a report that describes the reasons for not 

21 prescribing such a standard. 

22 (4) APPLICATION OF REGULATIONS.—Any regu23 lation issued based on the notice of proposed rule24 making described in paragraph (1) shall apply to 


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1 schoolbuses manufactured more than 3 years after 

2 the date on which the regulation takes effect. 

3 (b) AUTOMATIC EMERGENCY BRAKING.—Not later 

4 than 3 years after the date of enactment of this Act, the 

5 Secretary shall— 

6 (1) prescribe a motor vehicle safety standard 

7 under section 30111 of title 49, United States Code, 

8 that requires all schoolbuses manufactured after the 

9 effective date of such standard to be equipped with 

10 an automatic emergency braking system; and 

11 (2) as part of such standard, establish perform12 ance requirements for automatic emergency braking 

13 systems, including operation of such systems. 

14 (c) ELECTRONIC STABILITY CONTROL.—Not later 

15 than 2 years after the date of enactment of this Act, the 

16 Secretary shall— 

17 (1) prescribe a motor vehicle safety standard 

18 under section 30111 of title 49, United States Code, 

19 that requires all schoolbuses manufactured after the 

20 effective date of such standard to be equipped with 

21 an electronic stability control system (as such term 

22 is defined in section 571.136 of title 49, Code of 

23 Federal Regulations (as in effect on the date of en24 actment of this Act)); and 


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1 (2) as part of such standard, establish perform2 ance requirements for electronic stability control sys3 tems, including operation of such systems. 

4 (d) FIRE PREVENTION AND MITIGATION.— 

5 (1) RESEARCH AND TESTING.—The Secretary 

6 shall conduct research and testing to determine the 

7 most prevalent causes of schoolbus fires and the best 

8 methods to prevent such fires and to mitigate the ef9 fect of such fires, both inside and outside the school10 bus. Such research and testing shall consider— 

11 (A) fire suppression systems standards, 

12 which at a minimum prevent engine fires; 

13 (B) firewall standards to prevent gas or 

14 flames from entering into the passenger com15 partment in schoolbuses with engines that ex16 tend beyond the firewall; and 

17 (C) interior flammability and smoke emis18 sions characteristics standards. 

19 (2) STANDARDS.—The Secretary may issue fire 

20 prevention and mitigation standards for schoolbuses, 

21 based on the results of the Secretary’s research and 

22 testing under paragraph (1), if the Secretary deter23 mines that such standards meet the requirements 

24 and considerations set forth in subsections (a) and 

25 (b) of section 30111 of title 49, United States Code. 


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1 (e) SCHOOL BUS TEMPERATURE SAFETY STUDY AND

2 REPORT.—Not later than 1 year after the date of enact3 ment of this Act, the Secretary shall study and issue a 

4 report on the safety implications of temperature controls 

5 in school buses. The study and report shall include— 

6 (1) an analysis of the internal temperature in 

7 school buses without air conditioning in weather be8 tween 80 and 110 degrees Fahrenheit; 

9 (2) the collection and analysis of data on tem10 perature-related injuries to students, including heat11 stroke and dehydration; 

12 (3) the collection of data on how many public 

13 school districts currently operate buses without air 

14 conditioning; and 

15 (4) recommendations for preventing heat re16 lated illnesses for children on school buses. 

17 (f) DEFINITIONS.—In this section: 

18 (1) AUTOMATIC EMERGENCY BRAKING.—The 

19 term ‘‘automatic emergency braking’’ means a crash 

20 avoidance system installed and operational in a vehi21 cle that consists of— 

22 (A) a forward warning function— 

23 (i) to detect vehicles and vulnerable 

24 road users ahead of the vehicle; and 


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1 (ii) to alert the operator of an im2 pending collision; and 

3 (B) a crash-imminent braking function to 

4 provide automatic braking when forward-look5 ing sensors of the vehicle indicate that— 

6 (i) a crash is imminent; and 

7 (ii) the operator of the vehicle is not 

8 applying the brakes. 

9 (2) LARGE SCHOOLBUS.—The term ‘‘large 

10 schoolbus’’ means a schoolbus with a gross vehicle 

11 weight rating of more than 10,000 pounds. 

12 (3) SCHOOLBUS.—The term ‘‘schoolbus’’ has 

13 the meaning given such term in section 30125(a) of 

14 title 49, United States Code. 

15 SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES. 

16 (a) ILLEGAL PASSING RESEARCH.— 

17 (1) IN GENERAL.—The Secretary of Transpor18 tation shall conduct research to determine— 

19 (A) drivers’ knowledge of and attitudes to20 wards laws governing passing of a school bus 

21 under the State in which the driver lives; 

22 (B) the effectiveness of automated school 

23 bus camera enforcement systems in reducing 

24 school bus passing violations; 


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1 (C) whether laws that require automated 

2 school bus camera systems to capture images of 

3 a driver’s face impact the ability of States to 

4 enforce such laws; 

5 (D) the effectiveness of public education on 

6 illegal school bus passing laws in reducing 

7 school bus passing violations; and 

8 (E) the most-effective countermeasures to 

9 address illegal passing of school buses and best 

10 practices for States to reduce the number of il11 legal passing violations. 

12 (2) REPORT TO CONGRESS.—Not later than 2 

13 years after the date of enactment of this Act, the 

14 Secretary shall submit to the Committee on Trans15 portation and Infrastructure of the House of Rep16 resentatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate a report 

18 detailing the research and findings required under 

19 paragraph (1). 

20 (3) PUBLICATION.—The Secretary shall make 

21 publicly available on the website of the Department 

22 the report required under paragraph (2) not later 

23 than 30 days after the report is submitted under 

24 such paragraph. 

25 (b) PUBLIC SAFETY MESSAGING CAMPAIGN.— 


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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 create and disseminate a public safety mes4 saging campaign, including public safety media mes5 sages, posters, digital, and other media messages for 

6 distribution to States, divisions of motor vehicles, 

7 schools, and other public outlets to highlight the 

8 dangers of illegally passing school buses, including 

9 educational materials for students and the public on 

10 the safest school bus loading and unloading proce11 dures. 

12 (2) CONSULTATION.—The Secretary shall con13 sult with public and private school bus industry rep14 resentatives and States in developing the materials 

15 and messages required under paragraph (1). 

16 (3) UPDATE.—The Secretary shall periodically 

17 update the materials used in the campaign. 

18 (c) REVIEW OF ADVANCED SCHOOL BUS SAFETY

19 TECHNOLOGIES.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date of enactment of this Act, the Secretary 

22 shall complete a review of advanced school bus safe23 ty technologies to assess their feasibility, benefits, 

24 and costs. The review shall include— 


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1 (A) an evaluation of motion-activated alert 

2 systems that are capable of detecting and alert3 ing the school bus driver to students, pedes4 trians, bicyclists, and other vulnerable road 

5 users located near the perimeter of the school 

6 bus; 

7 (B) an evaluation of advanced school bus 

8 flashing lighting systems to improve commu9 nication to surrounding drivers; 

10 (C) an evaluation of early warning sys11 tems, including radar-based warning systems, 

12 to alert school bus drivers and students near 

13 the school bus that an approaching vehicle is 

14 likely to engage in an illegal passing; and 

15 (D) other technologies that enhance school 

16 bus safety, as determined by the Secretary. 

17 (2) PUBLICATION.—The Secretary shall make 

18 the findings of the review publicly available on the 

19 website of the Department not later than 30 days 

20 after its completion. 

21 (d) GAO REVIEW OF STATE ILLEGAL PASSING LAWS

22 AND DRIVER EDUCATION.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, the Comptroller 

25 General of the United States shall submit to the 


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1 Committee on Transportation and Infrastructure of 

2 the House of Representatives and the Committee on 

3 Commerce, Science, and Transportation of the Sen4 ate a report examining State laws and driver edu5 cation efforts regarding illegal passing of school 

6 buses. 

7 (2) CONTENTS.—The report required under 

8 paragraph (1) shall include— 

9 (A) an overview of each State’s illegal 

10 school bus passing laws, including how the laws 

11 are enforced and what penalties are imposed on 

12 violators; 

13 (B) a review of each State’s driver edu14 cation efforts regarding illegal passing of school 

15 buses to determine how each State educates 

16 and evaluates new drivers on laws governing 

17 passing of a school bus; and 

18 (C) recommendations on how States can 

19 improve driver education and awareness of the 

20 dangers of illegally passing school buses. 

21 SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING 

22 COMMERCIAL MOTOR VEHICLES. 

23 (a) REVIEW OF STATE INSPECTION PRACTICES.— 

24 The Secretary of Transportation shall conduct a review 

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1 nual inspection of commercial motor vehicles carrying pas2 sengers to determine— 

3 (1) different inspection models in use for com4 mercial motor vehicles carrying passengers to satisfy 

5 the Federal inspection requirement; 

6 (2) the number of States that have mandatory 

7 annual State vehicle inspections and whether such 

8 inspections are used to satisfy the Federal inspection 

9 requirement for commercial motor vehicles carrying 

10 passengers; 

11 (3) the extent to which passenger carriers uti12 lize self-inspection to satisfy the Federal inspection 

13 requirement; 

14 (4) the number of States that have the author15 ity to require the immobilization of impoundment of 

16 a commercial motor vehicle carrying passengers if 

17 such a vehicle fails inspection; and 

18 (5) the impact on the safety of commercial 

19 motor vehicles carrying passengers, based on the in20 spection model employed. 

21 (b) REPORT TO CONGRESS.—Not later than 1 year 

22 after the enactment of this Act, the Secretary shall submit 

23 to the Committee on Transportation and Infrastructure 

24 of the House of Representatives and the Committee on 


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1 Commerce, Science, and Transportation of the Senate a 

2 report on— 

3 (1) the findings of the review conducted under 

4 subsection (a); and 

5 (2) recommendations on changes to the Sec6 retary’s inspection program regulations to improve 

7 the safety of commercial motor vehicles carrying 

8 passengers. 

9 SEC. 4404. AUTOMATIC EMERGENCY BRAKING. 

10 (a) FEDERAL MOTOR VEHICLE SAFETY STAND11 ARD.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary of 

14 Transportation shall— 

15 (A) prescribe a motor vehicle safety stand16 ard under section 30111 of title 49, United 

17 States Code, that requires all commercial motor 

18 vehicles subject to Federal motor vehicle safety 

19 standard 136 under section 571.136 of title 49, 

20 Code of Federal Regulations, (relating to elec21 tronic stability control systems for heavy vehi22 cles) manufactured after the effective date of 

23 such standard to be equipped with an automatic 

24 emergency braking system; and 


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1 (B) as part of such standard, establish 

2 performance requirements for automatic emer3 gency braking systems, including operation of 

4 such systems in a variety of driving conditions. 

5 (2) CONSIDERATIONS.—Prior to prescribing the 

6 standard required under paragraph (1)(A), the Sec7 retary shall— 

8 (A) conduct a review of automatic emer9 gency braking systems in use in applicable com10 mercial motor vehicles and address any identi11 fied deficiencies with such systems in the rule12 making proceeding to prescribe the standard, if 

13 practicable; 

14 (B) assess the feasibility of updating the 

15 software of emergency braking systems in use 

16 in applicable commercial motor vehicles to ad17 dress any deficiencies and to enable such sys18 tems to meet the new standard; and 

19 (C) consult with representatives of com20 mercial motor vehicle drivers regarding the ex21 periences of drivers with automatic emergency 

22 braking systems in use in applicable commercial 

23 motor vehicles, including malfunctions or un24 warranted activations of such systems. 


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1 (3) COMPLIANCE DATE.—The Secretary shall 

2 ensure that the compliance date of the standard pre3 scribed pursuant to paragraph (1) shall be not later 

4 than 2 years after the date of publication of the 

5 final rule prescribing such standard. 

6 (b) FEDERAL MOTOR CARRIER SAFETY REGULA7 TION.—Not later than 1 year after the date of enactment 

8 of this Act, the Secretary shall issue a regulation under 

9 section 31136 of title 49, United States Code, that re10 quires that an automatic emergency braking system in11 stalled in a commercial motor vehicle subject to Federal 

12 motor vehicle safety standard 136 under section 571.136 

13 of title 49, Code of Federal Regulations,(relating to elec14 tronic stability control systems for heavy vehicles) that is 

15 in operation on or after the effective date of the standard 

16 prescribed under subsection (a) be used at any time during 

17 which such commercial motor vehicle is in operation. 

18 (c) REPORT ON AUTOMATIC EMERGENCY BRAKING

19 IN MEDIUM-DUTY COMMERCIAL MOTOR VEHICLES.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date of enactment of this Act, the Secretary of 

22 Transportation shall, with respect to commercial 

23 motor vehicles not subject to Federal motor vehicle 

24 safety standard 136 under section 571.136 of title 

25 49, Code of Federal Regulations— 


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1 (A) complete research on equipping com2 mercial motor vehicles with automatic emer3 gency braking systems to better understand the 

4 overall effectiveness of such systems on a vari5 ety of commercial motor vehicles; 

6 (B) assess the feasibility, benefits, and 

7 costs associated with installing automatic emer8 gency braking systems on newly manufactured 

9 commercial motor vehicles with a gross vehicle 

10 weight rating of 10,001 pounds or more; and 

11 (C) if warranted, develop performance 

12 standards for such automatic emergency brak13 ing systems. 

14 (2) INDEPENDENT RESEARCH.—If the Sec15 retary enters into a contract with a third party to 

16 perform the research required under paragraph 

17 (1)(A), the Secretary shall ensure that such third 

18 party does not have any financial or contractual ties 

19 or relationship with a motor carrier that transports 

20 passengers or property for compensation, the motor 

21 carrier industry, or an entity producing or supplying 

22 automatic emergency braking systems. 

23 (3) PUBLICATION OF ASSESSMENT.—Not later 

24 than 90 days after completing the assessment re25 quired under paragraph (1)(B), the Secretary shall 


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1 issue a notice in the Federal Register containing the 

2 findings of the assessment and provide an oppor3 tunity for public comment. 

4 (4) REPORT TO CONGRESS.—After the conclu5 sion of the public comment period under paragraph 

6 (3), 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 

12 paragraph (1)(B); 

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 automatic emergency braking systems 

19 for applicable commercial motor vehicles, in20 cluding any analysis that led to such determina21 tion. 

22 (d) DEFINITIONS.—In this section: 

23 (1) AUTOMATIC EMERGENCY BRAKING SYS24 TEM.—The term ‘‘automatic emergency braking sysVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 tem’’ means a crash avoidance system installed and 

2 operational in a vehicle that consists of— 

3 (A) a forward collision warning function— 

4 (i) to detect vehicles and vulnerable 

5 road users ahead of the vehicle; and 

6 (ii) to alert the operator of the vehicle 

7 of an impending collision; and 

8 (B) a crash-imminent braking function to 

9 provide automatic braking when forward-look10 ing sensors of the vehicle indicate that— 

11 (i) a crash is imminent; and 

12 (ii) the operator of the vehicle is not 

13 applying the brakes. 

14 (2) COMMERCIAL MOTOR VEHICLE.—The term 

15 ‘‘commercial motor vehicle’’ has the meaning given 

16 such term in section 31101 of title 49, United 

17 States Code. 

18 SEC. 4405. UNDERRIDE PROTECTION. 

19 (a) REAR UNDERRIDE GUARDS.— 

20 (1) REAR GUARDS ON TRAILERS AND

21 SEMITRAILERS.— 

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

23 after the date of enactment of this Act, the Sec24 retary of Transportation shall issue such regu25 lations as are necessary to revise motor vehicle 


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1 safety standards under sections 571.223 and 

2 571.224 of title 49, Code of Federal Regula3 tions, to require trailers and semi-trailers man4 ufactured after the date on which such regula5 tion is issued to be equipped with rear impact 

6 guards that are designed to prevent passenger 

7 compartment intrusion from a trailer or 

8 semitrailer when a passenger vehicle traveling 

9 at 35 miles per hour makes— 

10 (i) an impact in which the passenger 

11 vehicle impacts the center of the rear of 

12 the trailer or semitrailer; 

13 (ii) an impact in which 50 percent the 

14 width of the passenger vehicle overlaps the 

15 rear of the trailer or semitrailer; and 

16 (iii) an impact in which 30 percent of 

17 the width of the passenger vehicle overlaps 

18 the rear of the trailer or semitrailer. 

19 (B) EFFECTIVE DATE.—The rule issued 

20 under subparagraph (A) shall require full com21 pliance with the motor carrier safety standard 

22 prescribed in such rule not later than 2 years 

23 after the date on which a final rule is issued. 

24 (2) ADDITIONAL RESEARCH.—The Secretary 

25 shall conduct additional research on the design and 


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1 development of rear impact guards that can prevent 

2 underride crashes and protect motor vehicle pas3 sengers against severe injury at crash speeds of up 

4 to 65 miles per hour. 

5 (3) REVIEW OF STANDARDS.—Not later than 5 

6 years after any revisions to standards or require7 ments related to rear impact guards pursuant to 

8 paragraph (1), the Secretary shall review the stand9 ards or requirements to evaluate the need for 

10 changes in response to advancements in technology 

11 and upgrade such standards accordingly. 

12 (4) INSPECTIONS.— 

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

14 after the date of enactment of this Act, the Sec15 retary shall issue such regulations as are nec16 essary to amend the regulations on minimum 

17 periodic inspection standards under appendix G 

18 to subchapter B of chapter III of title 49, Code 

19 of Federal Regulations, and driver vehicle in20 spection reports under section 396.11 of title 

21 49, Code of Federal Regulations, to include 

22 rear impact guards and rear end protection (as 

23 required by section 393.86 of title 49, Code of 

24 Federal Regulations). 


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1 (B) CONSIDERATIONS.—In updating the 

2 regulations described in subparagraph (A), the 

3 Secretary shall consider it to be a defect or a 

4 deficiency if a rear impact guard is missing or 

5 has a corroded or compromised element that af6 fects the structural integrity and protective fea7 ture of such guard. 

8 (b) SIDE UNDERRIDE GUARDS.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this Act, the Secretary 

11 shall— 

12 (A) complete additional research on side 

13 underride guards to better understand the over14 all effectiveness of such guards; 

15 (B) assess the feasibility, benefits, and 

16 costs associated with installing side underride 

17 guards on newly manufactured trailers and 

18 semitrailers with a gross vehicle weight rating 

19 of 10,000 pounds or more; and 

20 (C) if warranted, develop performance 

21 standards for such guards. 

22 (2) INDEPENDENT RESEARCH.—If the Sec23 retary enters into a contract with a third party to 

24 perform the research required under paragraph 

25 (1)(A), the Secretary shall ensure that such third 


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1 party does not have any financial or contractual ties 

2 or relationship with a motor carrier that transports 

3 passengers or property for compensation, the motor 

4 carrier industry, or an entity producing or supplying 

5 underride guards. 

6 (3) PUBLICATION OF ASSESSMENT.—Not later 

7 than 90 days after completing the assessment re8 quired under paragraph (1)(B), the Secretary shall 

9 issue a notice in the Federal Register containing the 

10 findings of the assessment and provide an oppor11 tunity for public comment. 

12 (4) REPORT TO CONGRESS.—After the conclu13 sion of the public comment period under paragraph 

14 (3), the Secretary shall submit to the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate a report 

18 that provides— 

19 (A) the results of the assessment under 

20 this subsection; 

21 (B) a summary of the public comments re22 ceived by the Secretary under paragraph (3); 

23 and 

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1 ments for side underride guards, including any 

2 analysis that led to such determination. 

3 (c) ADVISORY COMMITTEE ON UNDERRIDE PROTEC4 TION.— 

5 (1) ESTABLISHMENT.—Not later than 30 days 

6 after the date of enactment of this Act, the Sec7 retary of Transportation shall establish an Advisory 

8 Committee on Underride Protection (in this sub9 section referred to as the ‘‘Committee’’) to provide 

10 advice and recommendations to the Secretary on 

11 safety regulations to reduce crashes and fatalities in12 volving truck underrides. 

13 (2) REPRESENTATION.— 

14 (A) IN GENERAL.—The Committee shall be 

15 composed of not more than 20 members ap16 pointed by the Secretary who are not employees 

17 of the Department of Transportation and who 

18 are qualified to serve because of their expertise, 

19 training, or experience. 

20 (B) MEMBERSHIP.—Members shall include 

21 two representatives of each of the following: 

22 (i) Truck and trailer manufacturers. 

23 (ii) Motor carriers, including inde24 pendent owner-operators. 

25 (iii) Law enforcement. 


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1 (iv) Motor vehicle engineers. 

2 (v) Motor vehicle crash investigators. 

3 (vi) Truck safety organizations. 

4 (vii) The insurance industry. 

5 (viii) Emergency medical service pro6 viders. 

7 (ix) Families of underride crash vic8 tims. 

9 (x) Labor organizations. 

10 (3) COMPENSATION.—Members of the Com11 mittee shall serve without compensation. 

12 (4) MEETINGS.—The Committee shall meet at 

13 least annually. 

14 (5) SUPPORT.—On request of the Committee, 

15 the Secretary shall provide information, administra16 tive services, and supplies necessary for the Com17 mittee to carry out the duties described in para18 graph (1). 

19 (6) REPORT.—The Committee shall submit to 

20 the Committee on Transportation and Infrastructure 

21 of the House of Representatives and the Committee 

22 on Commerce, Science, and Transportation of the 

23 Senate a biennial report that shall— 

24 (A) describe the advice and recommenda25 tions made to the Secretary; and 


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1 (B) include an assessment of progress 

2 made by the Secretary in advancing safety reg3 ulations. 

4 (d) DATA COLLECTION.—Not later than 1 year after 

5 the date of enactment of this Act, the Secretary shall im6 plement recommendations 1 and 2 described in the report 

7 by the Government Accountability Office published on 

8 March 14, 2019, titled ‘‘Truck Underride Guards: Im9 proved Data Collection, Inspections, and Research Need10 ed’’ (GAO–19–264). 

11 SEC. 4406. TRANSPORTATION OF HORSES. 

12 Section 80502 of title 49, United States Code, is 

13 amended— 

14 (1) in subsection (c) by striking ‘‘This section 

15 does not’’ and inserting ‘‘Subsections (a) and (b) 

16 shall not’’; 

17 (2) by redesignating subsection (d) as sub18 section (e); 

19 (3) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) TRANSPORTATION OF HORSES.— 

22 ‘‘(1) PROHIBITION.—No person may transport, 

23 or cause to be transported, a horse from a place in 

24 a State, the District of Columbia, or a territory or 

25 possession of the United States through or to a 


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1 place in another State, the District of Columbia, or 

2 a territory or possession of the United States in a 

3 motor vehicle containing two or more levels stacked 

4 on top of each other. 

5 ‘‘(2) MOTOR VEHICLE DEFINED.—In this sub6 section, the term ‘motor vehicle’— 

7 ‘‘(A) means a vehicle driven or drawn by 

8 mechanical power and manufactured primarily 

9 for use on public highways; and 

10 ‘‘(B) does not include a vehicle operated 

11 exclusively on a rail or rails.’’; and 

12 (4) in subsection (e), as redesignated— 

13 (A) by striking ‘‘A rail carrier’’ and insert14 ing the following: 

15 ‘‘(1) IN GENERAL.—A rail carrier’’; 

16 (B) by striking ‘‘this section’’ and insert17 ing ‘‘subsection (a) or (b)’’; and 

18 (C) by striking ‘‘On learning’’ and insert19 ing the following: 

20 ‘‘(2) TRANSPORTATION OF HORSES IN MULTI21 LEVEL TRAILER.— 

22 ‘‘(A) CIVIL PENALTY.—A person that 

23 knowingly violates subsection (d) is liable to the 

24 United States Government for a civil penalty of 

25 at least $100, but not more than $500, for each 


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1 violation. A separate violation of subsection (d) 

2 occurs for each horse that is transported, or 

3 caused to be transported, in violation of sub4 section (d). 

5 ‘‘(B) RELATIONSHIP TO OTHER LAWS.— 

6 The penalty imposed under subparagraph (A) 

7 shall be in addition to any penalty or remedy 

8 available under any other law. 

9 ‘‘(3) CIVIL ACTION.—On learning’’. 

10 SEC. 4407. ADDITIONAL STATE AUTHORITY. 

11 (a) ADDITIONAL AUTHORITY.—Notwithstanding the 

12 limitation in section 127(d) of title 23, United States 

13 Code, if a State had in effect on or before June 1, 1991, 

14 a statute or regulation which placed a limitation on the 

15 overall length of a longer combination vehicle consisting 

16 of 3 trailers, such State may allow the operation of a 

17 longer combination vehicle to accommodate a longer en18 ergy efficient truck tractor in such longer combination ve19 hicle under such limitation, if the additional tractor length 

20 is the only added length to such longer combination vehicle 

21 and does not result in increased cargo capacity in weight 

22 or volume. 

23 (b) SAVINGS CLAUSE.—Nothing in this section au24 thorizes a State to allow an increase in the length of a 


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1 trailer, semitrailer, or other cargo-carrying unit of a 

2 longer combination vehicle. 

3 (c) LONGER COMBINATION VEHICLE DEFINED.— 

4 The term ‘‘longer combination vehicle’’ has the meaning 

5 given such term in section 127 of title 23, United States 

6 Code. 

7 SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSUR8 ANCE FOR COMMERCIAL MOTOR VEHICLES. 

9 Section 31139(b) of title 49, United States Code, is 

10 amended— 

11 (1) in paragraph (2), by striking ‘‘$750,000’’ 

12 and inserting ‘‘$2,000,000’’; and 

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

14 ‘‘(3) ADJUSTMENT.—The Secretary, in con15 sultation with the Bureau of Labor Statistics, shall 

16 adjust the minimum level of financial responsibility 

17 under paragraph (2) quinquennially for inflation.’’. 

18 SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER. 

19 Not later than 2 years after the date of enactment 

20 of this Act, the Secretary of Transportation shall issue a 

21 final motor vehicle safety standard that requires a com22 mercial motor vehicle manufactured after the effective 

23 date of such standard to be equipped with a universal elec24 tronic vehicle identifier that— 


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1 (1) identifies the vehicle to roadside inspectors 

2 for enforcement purposes; 

3 (2) does not transmit personally identifiable in4 formation regarding operators; and 

5 (3) does not create an undue cost burden for 

6 operators and carriers. 

7 TITLE V—INNOVATION 

8 SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—The following amounts are au10 thorized to be appropriated out of the Highway Trust 

11 Fund (other than the Mass Transit Account): 

12 (1) HIGHWAY RESEARCH AND DEVELOPMENT

13 PROGRAM.—To carry out section 503(b) of title 23, 

14 United States Code, $144,000,000 for each of fiscal 

15 years 2023 through 2026. 

16 (2) TECHNOLOGY AND INNOVATION DEPLOY17 MENT PROGRAM.—To carry out section 503(c) of 

18 title 23, United States Code, $152,000,000 for each 

19 of fiscal years 2023 through 2026. 

20 (3) TRAINING AND EDUCATION.—To carry out 

21 section 504 of title 23, United States Code, 

22 $26,000,000 for each of fiscal years 2023 through 

23 2026. 

24 (4) INTELLIGENT TRANSPORTATION SYSTEMS

25 PROGRAM.—To carry out sections 512 through 518 


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1 of title 23, United States Code, $100,000,000 for 

2 each of fiscal years 2023 through 2026. 

3 (5) UNIVERSITY TRANSPORTATION CENTERS

4 PROGRAM.—To carry out section 5505 of title 49, 

5 United States Code, $96,000,000 for each of fiscal 

6 years 2023 through 2026. 

7 (6) BUREAU OF TRANSPORTATION STATIS8 TICS.—To carry out chapter 63 of title 49, United 

9 States Code, $27,000,000 for each of fiscal years 

10 2023 through 2026. 

11 (b) ADDITIONAL PROGRAMS.—The following 

12 amounts are authorized to be appropriated out of the 

13 Highway Trust Fund (other than the Mass Transit Ac14 count): 

15 (1) MOBILITY THROUGH ADVANCED TECH16 NOLOGIES.—To carry out section 503(c)(4) of title 

17 23, United States Code, $70,000,000 for each of fis18 cal years 2023 through 2026 from funds made avail19 able to carry out section 503(c) of such title. 

20 (2) MATERIALS TO REDUCE GREENHOUSE GAS

21 EMISSIONS PROGRAM.—To carry out section 503(d) 

22 of title 23, United States Code, $10,000,000 for 

23 each of fiscal years 2023 through 2026 from funds 

24 made available to carry out section 503(c) of such 

25 title. 


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1 (3) NATIONAL HIGHLY AUTOMATED VEHICLE

2 AND MOBILITY INNOVATION CLEARINGHOUSE.—To 

3 carry out section 5507 of title 49, United States 

4 Code, $2,000,000 for each of fiscal years 2023 

5 through 2026 from funds made available to carry 

6 out sections 512 through 518 of title 23, United 

7 States Code. 

8 (4) NATIONAL COOPERATIVE MULTIMODAL

9 FREIGHT TRANSPORTATION RESEARCH PROGRAM.— 

10 To carry out section 70205 of title 49, United 

11 States Code, $4,000,000 for each of fiscal years 

12 2023 through 2026 from funds made available to 

13 carry out section 503(b) of title 23, United States 

14 Code. 

15 (5) STATE SURFACE TRANSPORTATION SYSTEM

16 FUNDING PILOTS.—To carry out section 6020 of the 

17 FAST Act (23 U.S.C. 503 note), $35,000,000 for 

18 each of fiscal years 2023 through 2026 from funds 

19 made available to carry out section 503(b) of title 

20 23, United States Code. 

21 (6) NATIONAL SURFACE TRANSPORTATION SYS22 TEM FUNDING PILOT.—To carry out section 5402 of 

23 this title, $10,000,000 for each of fiscal years 2023 

24 through 2026 from funds made available to carry 

25 out section 503(b) of title 23, United States Code. 


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1 (c) ADMINISTRATION.—The Federal Highway Ad2 ministration shall— 

3 (1) administer the programs described in para4 graphs (1), (2), and (3) of subsection (a) and para5 graph (1) of subsection (b); and 

6 (2) in consultation with relevant modal adminis7 trations, administer the programs described in sub8 sections (a)(4) and (b)(2). 

9 (d) TREATMENT OF FUNDS.—Funds authorized to be 

10 appropriated by subsections (a) and (b) shall— 

11 (1) be available for obligation in the same man12 ner as if those funds were apportioned under chap13 ter 1 of title 23, United States Code, except that the 

14 Federal share of the cost of a project or activity car15 ried out using those funds shall be 80 percent, un16 less otherwise expressly provided by this title (in17 cluding the amendments by this title) or otherwise 

18 determined by the Secretary; and 

19 (2) remain available until expended and not be 

20 transferable, except as otherwise provided in this 

21 title. 


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1 Subtitle A—Research and 

2 Development 

3 SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PRO4 GRAM. 

5 (a) IN GENERAL.—Section 503 of title 23, United 

6 States Code, is amended— 

7 (1) in subsection (a)(2) by striking ‘‘section 

8 508’’ and inserting ‘‘section 6503 of title 49’’; and 

9 (2) in subsection (b)— 

10 (A) in paragraph (3)— 

11 (i) in subparagraph (A)— 

12 (I) in clause (ii) by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (II) in clause (iii) by striking the 

15 period and inserting ‘‘; and’’; and 

16 (III) by adding at the end the 

17 following: 

18 ‘‘(iv) to reduce greenhouse gas emis19 sions and limit the effects of climate 

20 change.’’; and 

21 (ii) by striking subparagraphs (D) 

22 and (E); 

23 (B) in paragraph (4)— 

24 (i) in subparagraph (A)— 


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1 (I) in clause (ii) by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (II) in clause (iii) by striking the 

4 period and inserting ‘‘; and’’; and 

5 (III) by adding at the end the 

6 following: 

7 ‘‘(iv) to reduce greenhouse gas emis8 sions and limit the effects of climate 

9 change.’’; and 

10 (ii) in subparagraph (C)— 

11 (I) in clause (iv) by striking ‘‘; 

12 and’’ and inserting a semicolon; 

13 (II) in clause (v) by striking the 

14 period and inserting ‘‘; and’’; and 

15 (III) by inserting at the end the 

16 following: 

17 ‘‘(vi) establishing best practices and 

18 creating models and tools to support met19 ropolitan and statewide planning practices 

20 to meet the considerations described in sec21 tions 134(i)(2)(I) and 135(f)(10) of this 

22 title, including— 

23 ‘‘(I) strategies to address climate 

24 change mitigation and impacts de25 scribed in sections 134(i)(2)(I)(ii) and 


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1 135(f)(10)(B) of this title and the in2 corporation of such strategies into 

3 long range transportation planning; 

4 ‘‘(II) preparation of a vulner5 ability assessment described in sec6 tions 134(i)(2)(I)(iii) and 

7 135(f)(10)(C) of this title; and 

8 ‘‘(III) integration of these prac9 tices with the planning practices de10 scribed in sections 5303(i)(2)(I) and 

11 5304(f)(10) of title 49.’’; 

12 (C) in paragraph (5)(A)— 

13 (i) in clause (iv) by striking ‘‘; and’’ 

14 and inserting a semicolon; 

15 (ii) in clause (v) by striking the period 

16 and inserting ‘‘; and’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(vi) reducing greenhouse gas emis20 sions and limiting the effects of climate 

21 change.’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de24 velop interactive modeling tools and databases 

25 that— 


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1 ‘‘(A) track the condition of highway assets, 

2 including interchanges, and the reconstruction 

3 history of such assets; 

4 ‘‘(B) can be used to assess transportation 

5 options; 

6 ‘‘(C) allow for the monitoring and mod7 eling of network-level traffic flows on highways; 

8 and 

9 ‘‘(D) further Federal and State under10 standing of the importance of national and re11 gional connectivity and the need for long-dis12 tance and interregional passenger and freight 

13 travel by highway and other surface transpor14 tation modes. 

15 ‘‘(10) PERFORMANCE MANAGEMENT DATA SUP16 PORT PROGRAM.— 

17 ‘‘(A) PERFORMANCE MANAGEMENT DATA

18 SUPPORT.—The Administrator of the Federal 

19 Highway Administration shall develop, use, and 

20 maintain data sets and data analysis tools to 

21 assist metropolitan planning organizations, 

22 States, and the Federal Highway Administra23 tion in carrying out performance management 

24 analyses (including the performance manage25 ment requirements under section 150). 


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1 ‘‘(B) INCLUSIONS.—The data analysis ac2 tivities authorized under subparagraph (A) may 

3 include— 

4 ‘‘(i) collecting and distributing vehicle 

5 probe data describing traffic on Federal6 aid highways; 

7 ‘‘(ii) collecting household travel behav8 ior data to assess local and cross-jurisdic9 tional travel, including to accommodate ex10 ternal and through travel; 

11 ‘‘(iii) enhancing existing data collec12 tion and analysis tools to accommodate 

13 performance measures, targets, and related 

14 data, so as to better understand trip origin 

15 and destination, trip time, and mode; 

16 ‘‘(iv) enhancing existing data analysis 

17 tools to improve performance predictions 

18 and travel models in reports described in 

19 section 150(e); 

20 ‘‘(v) developing tools— 

21 ‘‘(I) to improve performance 

22 analysis; and 

23 ‘‘(II) to evaluate the effects of 

24 project investments on performance; 


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1 ‘‘(vi) assisting in the development or 

2 procurement of the transportation system 

3 access data under section 1403(g) of the 

4 INVEST in America Act; and 

5 ‘‘(vii) developing tools and acquiring 

6 data described under paragraph (9). 

7 ‘‘(C) FUNDING.—The Administrator of the 

8 Federal Highway Administration may use up to 

9 $15,000,000 for each of fiscal years 2023 

10 through 2026 to carry out this paragraph.’’. 

11 (b) REPEAL.—Section 6028 of the FAST Act (23 

12 U.S.C. 150 note), and the item relating to such section 

13 in the table of contents in section 1(b) of such Act, are 

14 repealed. 

15 SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS 

16 EMISSIONS PROGRAM. 

17 Section 503 of title 23, United States Code, as 

18 amended by section 5101, is further amended by adding 

19 at the end the following: 

20 ‘‘(d) MATERIALS TO REDUCE GREENHOUSE GAS

21 EMISSIONS PROGRAM.— 

22 ‘‘(1) IN GENERAL.—Not later than 6 months 

23 after the date of enactment of this subsection, the 

24 Secretary shall establish and implement a program 

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1 gible entities to research and support the develop2 ment of materials that will reduce or sequester the 

3 amount of greenhouse gas emissions generated dur4 ing the production of highway materials and the 

5 construction and use of highways. 

6 ‘‘(2) ACTIVITIES.—Activities under this section 

7 may include— 

8 ‘‘(A) carrying out research to determine 

9 the materials proven to most effectively reduce 

10 or sequester greenhouse gas emissions; 

11 ‘‘(B) evaluating and improves the ability of 

12 materials to most effectively reduce or sequester 

13 greenhouse gas emissions; and 

14 ‘‘(C) supporting the development and de15 ployment of materials that will reduce or se16 quester greenhouse gas emissions. 

17 ‘‘(3) COMPETITIVE SELECTION PROCESS.— 

18 ‘‘(A) APPLICATIONS.—To be eligible to re19 ceive a grant under this subsection, an eligible 

20 entity shall submit to the Secretary an applica21 tion in such form and containing such informa22 tion as the Secretary may require. 

23 ‘‘(B) CONSIDERATION.—In making grants 

24 under this subsection, the Secretary shall con25 sider the degree to which applicants presently 


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1 carry out research on materials that reduce or 

2 sequester greenhouse gas emissions. 

3 ‘‘(C) SELECTION CRITERIA.—The Sec4 retary may make grants under this subsection 

5 to any eligible entity based on the demonstrated 

6 ability of the applicant to fulfill the activities 

7 described in paragraph (2). 

8 ‘‘(D) TRANSPARENCY.—The Secretary 

9 shall submit to the Committee on Transpor10 tation and Infrastructure of the House of Rep11 resentatives and the Committee on Environ12 ment and Public Works of the Senate a report 

13 describing the overall review process for a grant 

14 under this subsection, including— 

15 ‘‘(i) specific criteria of evaluation used 

16 in the review; 

17 ‘‘(ii) descriptions of the review proc18 ess; and 

19 ‘‘(iii) explanations of the grants 

20 awarded. 

21 ‘‘(4) GRANTS.— 

22 ‘‘(A) RESTRICTIONS.— 

23 ‘‘(i) IN GENERAL.—For each fiscal 

24 year, a grant made available under this 

25 subsection shall be not greater than 


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1 $4,000,000 and not less than $2,000,000 

2 per recipient. 

3 ‘‘(ii) LIMITATION.—An eligible entity 

4 may only receive one grant in a fiscal year 

5 under this subsection. 

6 ‘‘(B) MATCHING REQUIREMENTS.—As a 

7 condition of receiving a grant under this sub8 section, a grant recipient shall match 50 per9 cent of the amounts made available under the 

10 grant. 

11 ‘‘(5) PROGRAM COORDINATION.— 

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

13 ‘‘(i) coordinate the research, edu14 cation, and technology transfer activities 

15 carried out by grant recipients under this 

16 subsection; 

17 ‘‘(ii) disseminate the results of that 

18 research through the establishment and op19 eration of a publicly accessible online infor20 mation clearinghouse; and 

21 ‘‘(iii) to the extent practicable, sup22 port the deployment and commercial adop23 tion of effective materials researched or de24 veloped under this subsection to relevant 

25 stakeholders. 


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1 ‘‘(B) ANNUAL REVIEW AND EVALUA2 TION.—Not later than 2 years after the date of 

3 enactment of this subsection, and not less fre4 quently than annually thereafter, the Secretary 

5 shall, consistent with the activities in paragraph 

6 (3)— 

7 ‘‘(i) review and evaluate the programs 

8 carried out under this subsection by grant 

9 recipients, describing the effectiveness of 

10 the program in identifying materials that 

11 reduce or sequester greenhouse gas emis12 sions; 

13 ‘‘(ii) submit to the Committee on 

14 Transportation and Infrastructure of the 

15 House of Representatives and the Com16 mittee on Environment and Public Works 

17 of the Senate a report describing such re18 view and evaluation; and 

19 ‘‘(iii) make the report in clause (ii) 

20 available to the public on a website. 

21 ‘‘(6) LIMITATION ON AVAILABILITY OF

22 AMOUNTS.—Amounts made available to carry out 

23 this subsection shall remain available for obligation 

24 by the Secretary for a period of 3 years after the 


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1 last day of the fiscal year for which the amounts are 

2 authorized. 

3 ‘‘(7) INFORMATION COLLECTION.—Any survey, 

4 questionnaire, or interview that the Secretary deter5 mines to be necessary to carry out reporting require6 ments relating to any program assessment or evalua7 tion activity under this subsection, including cus8 tomer satisfaction assessments, shall not be subject 

9 to chapter 35 of title 44 (commonly known as the 

10 ‘Paperwork Reduction Act’). 

11 ‘‘(8) DEFINITION OF ELIGIBLE ENTITY.—In 

12 this subsection, the term ‘eligible entity’ means a 

13 nonprofit institution of higher education, as such 

14 term is defined in section 101 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1001).’’. 

16 SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOP17 MENT 5-YEAR STRATEGIC PLAN. 

18 Section 6503 of title 49, United States Code, is 

19 amended— 

20 (1) in subsection (a) by striking ‘‘The Sec21 retary’’ and inserting ‘‘For the period of fiscal years 

22 2017 through 2022, and for each 5-year period 

23 thereafter, the Secretary’’; 

24 (2) in subsection (c)(1)— 


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1 (A) in subparagraph (C) by inserting ‘‘and 

2 security in the transportation system’’ after 

3 ‘‘safety’’; 

4 (B) in subparagraph (D) by inserting ‘‘and 

5 the existing transportation system’’ after ‘‘in6 frastructure’’; 

7 (C) in subparagraph (E) by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (D) by amending subparagraph (F) to 

10 read as follows: 

11 ‘‘(F) reducing greenhouse gas emissions; 

12 and’’; and 

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

14 ‘‘(G) developing and maintaining a diverse 

15 workforce in transportation sectors;’’; and 

16 (3) in subsection (d) by striking ‘‘not later than 

17 December 31, 2016,’’ and inserting ‘‘not later than 

18 December 31, 2022,’’. 

19 SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PRO20 GRAM. 

21 Section 5505 of title 49, United States Code, is 

22 amended— 

23 (1) in subsection (b)— 

24 (A) in paragraph (4)— 


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1 (i) in subparagraph (A) by striking 

2 ‘‘research priorities identified in chapter 

3 65.’’ and inserting the following: ‘‘following 

4 research priorities: 

5 ‘‘(i) Improving the mobility of people 

6 and goods. 

7 ‘‘(ii) Reducing congestion. 

8 ‘‘(iii) Promoting safety. 

9 ‘‘(iv) Improving the durability and ex10 tending the life of transportation infra11 structure and the existing transportation 

12 system. 

13 ‘‘(v) Preserving the environment. 

14 ‘‘(vi) Reducing greenhouse gas emis15 sions.’’; and 

16 (ii) in subparagraph (B)— 

17 (I) by striking ‘‘Technology and’’ 

18 and inserting ‘‘Technology,’’; 

19 (II) by inserting ‘‘, the Adminis20 trator of the Federal Transit Admin21 istration,’’ after ‘‘Federal Highway 

22 Administration’’; and 

23 (III) by striking ‘‘and other 

24 modal administrations as appropriate’’ 

25 and inserting ‘‘and the Administrators 


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1 of other operating administrations, as 

2 appropriate’’; and 

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

4 ‘‘(7) FOCUSED RESEARCH CONSIDERATIONS.— 

5 In awarding grants under this section, the Secretary 

6 shall consider how the program under this section 

7 advances research on the cybersecurity implications 

8 of technologies relating to connected vehicles, con9 nected infrastructure, and automated vehicles.’’. 

10 (2) in subsection (c)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘Not later than 1 year 

13 after the date of enactment of this sec14 tion,’’ and inserting the following: 

15 ‘‘(A) SELECTION OF GRANTS.—Not later 

16 than 1 year after the date of enactment of the 

17 INVEST in America Act,’’; and 

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

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 fol14 lowing: 

15 ‘‘(D) REQUIREMENT.—In awarding grants 

16 under this section, the Secretary shall award 1 

17 grant to a national consortia for each focus 

18 area described in subsection (b)(4)(A).’’; 

19 (C) in paragraph (3)— 

20 (i) in subparagraph (C) by striking 

21 ‘‘not greater than $3,000,000 and not less 

22 than $1,500,000’’ and inserting ‘‘not 

23 greater than $3,250,000 and not less than 

24 $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 

9 than $1,000,000’’ and inserting ‘‘greater 

10 than $2,250,000 and not less than 

11 $1,250,000’’; and 

12 (ii) by striking subparagraph (C) and 

13 inserting the following: 

14 ‘‘(C) CONSIDERATION.—In awarding 

15 grants under this section, the Secretary shall 

16 consider historically black colleges and univer17 sities, as such term is defined in section 371(a) 

18 of the Higher Education Act of 1965 (20 

19 U.S.C. 1067q), and other minority institutions, 

20 as such term is defined by section 365 of the 

21 Higher Education Act (20 U.S.C. 1067k), or 

22 consortia that include such institutions that 

23 have demonstrated an ability in transportation24 related research. 

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 recipi4 ent with each of the following focus areas: 

5 ‘‘(I) Transit. 

6 ‘‘(II) Connected and automated 

7 vehicle technology, including cyberse8 curity implications of technologies re9 lating to connected vehicles, connected 

10 infrastructure, 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 

2 of transportation projects that 

3 are expected to provide the most 

4 significant greenhouse gas emis5 sions reductions from the surface 

6 transportation sector; and 

7 ‘‘(bb) researching the types 

8 of transportation projects that 

9 are not expected to provide sig10 nificant greenhouse gas emissions 

11 reductions from the surface 

12 transportation sector. 

13 ‘‘(ii) ADDITIONAL GRANTS.—In 

14 awarding grants under this section and 

15 after awarding grants pursuant to clause 

16 (i), the Secretary may award any remain17 ing grants to any grant recipient based on 

18 the criteria described in subsection 

19 (b)(4)(A).’’; 

20 (3) in subsection (d)(3) by striking ‘‘fiscal years 

21 2016 through 2020’’ and inserting ‘‘fiscal years 

22 2023 through 2026’’; 

23 (4) by redesignating subsection (f) as sub24 section (g); and 


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1 (5) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) SURPLUS AMOUNTS.— 

4 ‘‘(1) IN GENERAL.—Amounts made available to 

5 the Secretary to carry out this section that remain 

6 unobligated after awarding grants under subsection 

7 (c) shall be made available under the unsolicited re8 search initiative under section 5506. 

9 ‘‘(2) LIMITATION ON AMOUNTS.—Amounts 

10 under paragraph (1) shall not exceed $2,000,000 for 

11 any given fiscal year.’’. 

12 SEC. 5105. UNSOLICITED RESEARCH INITIATIVE. 

13 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

14 49, United States Code, is amended by adding at the end 

15 the following: 

16 ‘‘§ 5506. Unsolicited research initiative 

17 ‘‘(a) IN GENERAL.—Not later than 180 days after 

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

19 establish a program under which an eligible entity may 

20 at any time submit unsolicited research proposals for 

21 funding under this section. 

22 ‘‘(b) CRITERIA.—A research proposal submitted 

23 under subsection (a) shall meet the purposes of the Sec24 retary’s 5-year transportation research and development 

25 strategic plan described in section 6503(c)(1). 


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1 ‘‘(c) APPLICATIONS.—To receive funding under this 

2 section, eligible entities shall submit to the Secretary an 

3 application that is in such form and contains such infor4 mation as the Secretary may require. 

5 ‘‘(d) REPORT.—Not later than 18 months after the 

6 date of enactment of this section, and annually thereafter, 

7 the Secretary shall make available to the public on a public 

8 website a report on the progress and findings of the pro9 gram established under subsection (a). 

10 ‘‘(e) FEDERAL SHARE.— 

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

12 cost of an activity carried out under this section may 

13 not exceed 50 percent. 

14 ‘‘(2) NON-FEDERAL SHARE.—All costs directly 

15 incurred by the non-Federal partners, including per16 sonnel, travel, facility, and hardware development 

17 costs, shall be credited toward the non-Federal share 

18 of the cost of an activity carried out under this sec19 tion. 

20 ‘‘(f) FUNDING.— 

21 ‘‘(1) IN GENERAL.—Of the funds made avail22 able to carry out the university transportation cen23 ters program under section 5505, $2,000,000 shall 

24 be available for each of fiscal years 2023 through 

25 2026 to carry out this section. 


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1 ‘‘(2) FUNDING FLEXIBILITY.— 

2 ‘‘(A) IN GENERAL.—For fiscal years 2023 

3 through 2026, funds made available under 

4 paragraph (1) shall remain available until ex5 pended. 

6 ‘‘(B) UNCOMMITTED FUNDS.—If the Sec7 retary determines, at the end of a fiscal year, 

8 funds under paragraph (1) remain unexpended 

9 as a result of a lack of meritorious projects 

10 under this section, the Secretary may, for the 

11 following fiscal year, make remaining funds 

12 available under either this section or under sec13 tion 5505. 

14 ‘‘(g) ELIGIBLE ENTITY DEFINED.—In this section, 

15 the term ‘eligible entity’ means— 

16 ‘‘(1) a State; 

17 ‘‘(2) a unit of local government; 

18 ‘‘(3) a transit agency; 

19 ‘‘(4) any nonprofit institution of higher edu20 cation, including a university transportation center 

21 under section 5505; and 

22 ‘‘(5) a nonprofit organization.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 55 of title 49, United States Code, is amended by inVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 serting after the item relating to section 5505 the fol2 lowing new item: 

‘‘5506. Unsolicited research initiative.’’. 

3 SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL 

4 FREIGHT TRANSPORTATION RESEARCH PRO5 GRAM. 

6 (a) IN GENERAL.—Chapter 702 of title 49, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 70205. National cooperative multimodal freight 

10 transportation research program 

11 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after 

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

13 establish and support a national cooperative multimodal 

14 freight transportation research program. 

15 ‘‘(b) AGREEMENT.—Not later than 6 months after 

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

17 seek to enter into an agreement with the National Acad18 emy of Sciences to support and carry out administrative 

19 and management activities relating to the governance of 

20 the national cooperative multimodal freight transportation 

21 research program. 

22 ‘‘(c) ADVISORY COMMITTEE.—In carrying out the 

23 agreement described in subsection (b), the National Acad24 emy of Sciences shall select a multimodal freight transpor25 tation research advisory committee consisting of 


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1 multimodal freight stakeholders, including, at a min2 imum— 

3 ‘‘(1) a representative of the Department of 

4 Transportation; 

5 ‘‘(2) representatives of any other Federal agen6 cies relevant in supporting the nation’s multimodal 

7 freight transportation research needs; 

8 ‘‘(3) a representative of a State department of 

9 transportation; 

10 ‘‘(4) a representative of a local government 

11 (other than a metropolitan planning organization); 

12 ‘‘(5) a representative of a metropolitan planning 

13 organization; 

14 ‘‘(6) a representative of the trucking industry; 

15 ‘‘(7) a representative of the railroad industry; 

16 ‘‘(8) a representative of the port industry; 

17 ‘‘(9) a representative of logistics industry; 

18 ‘‘(10) a representative of shipping industry; 

19 ‘‘(11) a representative of a safety advocacy 

20 group with expertise in freight transportation; 

21 ‘‘(12) an academic expert on multimodal freight 

22 transportation; 

23 ‘‘(13) an academic expert on the contributions 

24 of freight movement to greenhouse gas emissions; 

25 and 


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1 ‘‘(14) representatives of labor organizations 

2 representing workers in freight transportation. 

3 ‘‘(d) ELEMENTS.—The national cooperative 

4 multimodal freight transportation research program estab5 lished under this section shall include the following ele6 ments: 

7 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi8 sory committee under subsection (c), in consultation 

9 with interested parties, shall recommend a national 

10 research agenda for the program established in this 

11 section. 

12 ‘‘(2) INVOLVEMENT.—Interested parties may— 

13 ‘‘(A) submit research proposals to the advi14 sory committee; 

15 ‘‘(B) participate in merit reviews of re16 search proposals and peer reviews of research 

17 products; and 

18 ‘‘(C) receive research results. 

19 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

20 RESEARCH PROPOSALS.—The National Academy of 

21 Sciences may award research contracts and grants 

22 under the program through open competition and 

23 merit review conducted on a regular basis. 

24 ‘‘(4) EVALUATION OF RESEARCH.— 


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1 ‘‘(A) PEER REVIEW.—Research contracts 

2 and grants under the program may allow peer 

3 review of the research results. 

4 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

5 National Academy of Sciences shall conduct 

6 periodic programmatic evaluations on a regular 

7 basis of research contracts and grants. 

8 ‘‘(5) DISSEMINATION OF RESEARCH FIND9 INGS.— 

10 ‘‘(A) IN GENERAL.—The National Acad11 emy of Sciences shall disseminate research find12 ings to researchers, practitioners, and decision13 makers, through conferences and seminars, field 

14 demonstrations, workshops, training programs, 

15 presentations, testimony to government offi16 cials, a public website for the National Academy 

17 of Sciences, publications for the general public, 

18 and other appropriate means. 

19 ‘‘(B) REPORT.—Not more than 18 months 

20 after the date of enactment of this section, and 

21 annually thereafter, the Secretary shall make 

22 available on a public website a report that de23 scribes the ongoing research and findings of the 

24 program. 


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1 ‘‘(e) CONTENTS.—The national research agenda 

2 under subsection (d)(1) shall include— 

3 ‘‘(1) techniques and tools for estimating and 

4 identifying both quantitative and qualitative public 

5 benefits derived from multimodal freight transpor6 tation projects, including— 

7 ‘‘(A) greenhouse gas emissions reduction; 

8 ‘‘(B) congestion reduction; and 

9 ‘‘(C) safety benefits; 

10 ‘‘(2) the impact of freight delivery vehicles, in11 cluding trucks, railcars, and non-motorized vehicles, 

12 on congestion in urban and rural areas; 

13 ‘‘(3) the impact of both centralized and dis14 parate origins and destinations on freight movement; 

15 ‘‘(4) the impacts of increasing freight volumes 

16 on transportation planning, including— 

17 ‘‘(A) first-mile and last-mile challenges to 

18 multimodal freight movement; 

19 ‘‘(B) multimodal freight travel in both 

20 urban and rural areas; and 

21 ‘‘(C) commercial motor vehicle parking and 

22 rest areas; 

23 ‘‘(5) the effects of Internet commerce and accel24 erated delivery speeds on freight movement and inVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 creased commercial motor vehicle volume, including 

2 impacts on— 

3 ‘‘(A) safety on public roads; 

4 ‘‘(B) congestion in both urban and rural 

5 areas; 

6 ‘‘(C) first-mile and last-mile challenges and 

7 opportunities; 

8 ‘‘(D) the environmental impact of freight 

9 transportation, including on air quality and on 

10 greenhouse gas emissions; and 

11 ‘‘(E) vehicle miles-traveled by freight-deliv12 ering vehicles; 

13 ‘‘(6) the impacts of technological advancements 

14 in freight movement, including impacts on— 

15 ‘‘(A) congestion in both urban and rural 

16 areas; 

17 ‘‘(B) first-mile and last-mile challenges 

18 and opportunities; and 

19 ‘‘(C) vehicle miles-traveled; 

20 ‘‘(7) methods and best practices for aligning 

21 multimodal infrastructure improvements with 

22 multimodal freight transportation demand, including 

23 improvements to the National Multimodal Freight 

24 Network under section 70103; and 


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1 ‘‘(8) other research areas to identify and ad2 dress current, emerging, and future needs related to 

3 multimodal freight transportation. 

4 ‘‘(f) FUNDING.— 

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

6 the cost of an activity carried out under this section 

7 shall be 100 percent. 

8 ‘‘(2) PERIOD OF AVAILABILITY.—Amounts 

9 made available to carry out this section shall remain 

10 available until expended. 

11 ‘‘(g) DEFINITION OF GREENHOUSE GAS.—In this 

12 section, the term ‘greenhouse gas’ has the meaning given 

13 such term in section 211(o)(1) of the Clean Air Act (42 

14 U.S.C. 7545(o)(1)).’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 702 of title 49, United States Code, is amended by 

17 adding at the end the following new item: 

‘‘70205. National cooperative multimodal freight transportation research program.’’. 

18 SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND 

19 HABITAT CONNECTIVITY IMPROVEMENT. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—The Secretary of Transpor22 tation shall conduct a study examining methods to 

23 reduce collisions between motorists and wildlife (reVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 ferred to in this section as ‘‘wildlife-vehicle colli2 sions’’). 

3 (2) CONTENTS.— 

4 (A) AREAS OF STUDY.—The study re5 quired under paragraph (1) shall— 

6 (i) update and expand on, as appro7 priate— 

8 (I) the report titled ‘‘Wildlife Ve9 hicle Collision Reduction Study: 2008 

10 Report to Congress’’: and 

11 (II) the document titled ‘‘Wildlife 

12 Vehicle Collision Reduction Study: 

13 Best Practices Manual’’ and dated 

14 October 2008; and 

15 (ii) include— 

16 (I) an assessment, as of the date 

17 of the study, of— 

18 (aa) the causes of wildlife19 vehicle collisions; 

20 (bb) the impact of wildlife21 vehicle collisions on motorists 

22 and wildlife; and 

23 (cc) the impacts of roads 

24 and traffic on habitat 


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1 connectivity for terrestrial and 

2 aquatic species; and 

3 (II) solutions and best practices 

4 for— 

5 (aa) reducing wildlife-vehicle 

6 collisions; and 

7 (bb) improving habitat 

8 connectivity for terrestrial and 

9 aquatic species. 

10 (B) METHODS.—In carrying out the study 

11 required under paragraph (1), the Secretary 

12 shall— 

13 (i) conduct a thorough review of re14 search and data relating to— 

15 (I) wildlife-vehicle collisions; and 

16 (II) habitat fragmentation that 

17 results from transportation infrastruc18 ture; 

19 (ii) survey current practices of the 

20 Department of Transportation and State 

21 departments of transportation to reduce 

22 wildlife-vehicle collisions; and 

23 (iii) consult with— 

24 (I) appropriate experts in the 

25 field of wildlife-vehicle collisions; and 


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1 (II) appropriate experts on the 

2 effects of roads and traffic on habitat 

3 connectivity for terrestrial and aquatic 

4 species. 

5 (3) REPORT.— 

6 (A) IN GENERAL.—Not later than 18 

7 months after the date of enactment of this Act, 

8 the Secretary shall submit to Congress a report 

9 on the results of the study required under para10 graph (1). 

11 (B) CONTENTS.—The report required 

12 under subparagraph (A) shall include— 

13 (i) a description of— 

14 (I) the causes of wildlife-vehicle 

15 collisions; 

16 (II) the impacts of wildlife-vehicle 

17 collisions; and 

18 (III) the impacts of roads and 

19 traffic on— 

20 (aa) species listed as threat21 ened species or endangered spe22 cies under the Endangered Spe23 cies Act of 1973 (16 U.S.C. 1531 

24 et seq.); 


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1 (bb) species identified by 

2 States as species of greatest con3 servation need; 

4 (cc) species identified in 

5 State wildlife plans; and 

6 (dd) medium and small ter7 restrial and aquatic species; 

8 (ii) an economic evaluation of the 

9 costs and benefits of installing highway in10 frastructure and other measures to miti11 gate damage to terrestrial and aquatic spe12 cies, including the effect on jobs, property 

13 values, and economic growth to society, ad14 jacent communities, and landowners; 

15 (iii) recommendations for preventing 

16 wildlife-vehicle collisions, including rec17 ommended best practices, funding re18 sources, or other recommendations for ad19 dressing wildlife-vehicle collisions; and 

20 (iv) guidance to develop, for each 

21 State that agrees to participate, a vol22 untary joint statewide transportation and 

23 wildlife action plan. 


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1 (C) PURPOSES.—The purpose of the guid2 ance described in subparagraph (B)(iv) shall 

3 be— 

4 (i) to address wildlife-vehicle colli5 sions; and 

6 (ii) to improve habitat connectivity for 

7 terrestrial and aquatic species. 

8 (D) CONSULTATION.—The Secretary shall 

9 develop the guidance described under subpara10 graph (B)(iv) in consultation with— 

11 (i) Federal land management agen12 cies; 

13 (ii) State departments of transpor14 tation; 

15 (iii) State fish and wildlife agencies; 

16 and 

17 (iv) Tribal governments. 

18 (b) STANDARDIZATION OF WILDLIFE COLLISION AND

19 CARCASS DATA.— 

20 (1) STANDARDIZATION METHODOLOGY.— 

21 (A) IN GENERAL.—The Secretary of 

22 Transportation, acting through the Adminis23 trator of the Federal Highway Administration, 

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1 rate wildlife collision and carcass data for the 

2 National Highway System, taking into consider3 ation the practicability of the methodology with 

4 respect to technology and cost. 

5 (B) METHODOLOGY.—In developing the 

6 standardized methodology under subparagraph 

7 (A), the Secretary shall— 

8 (i) survey existing methodologies and 

9 sources of data collection, including the 

10 Fatality Analysis Reporting System, the 

11 General Estimates System of the National 

12 Automotive Sampling System, and the 

13 Highway Safety Information System; and 

14 (ii) to the extent practicable, identify 

15 and correct limitations of such existing 

16 methodologies and sources of data collec17 tion. 

18 (C) CONSULTATION.—In developing the 

19 standardized methodology under subparagraph 

20 (A), the Secretary shall consult with— 

21 (i) the Secretary of the Interior; 

22 (ii) the Secretary of Agriculture, act23 ing through the Chief of the Forest Serv24 ice; 


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1 (iii) Tribal, State, and local transpor2 tation and wildlife authorities; 

3 (iv) metropolitan planning organiza4 tions (as such term is defined in section 

5 134(b) of title 23, United States Code); 

6 (v) members of the American Associa7 tion of State Highway and Transportation 

8 Officials; 

9 (vi) members of the Association of 

10 Fish and Wildlife Agencies; 

11 (vii) experts in the field of wildlife-ve12 hicle collisions; 

13 (viii) nongovernmental organizations; 

14 and 

15 (ix) other interested stakeholders, as 

16 appropriate. 

17 (2) STANDARDIZED NATIONAL DATA SYSTEM

18 WITH VOLUNTARY TEMPLATE IMPLEMENTATION.— 

19 The Secretary shall— 

20 (A) develop a template for State implemen21 tation of a standardized national wildlife colli22 sion and carcass data system for the National 

23 Highway System that is based on the standard24 ized methodology developed under paragraph 

25 (1); and 


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1 (B) encourage the voluntary implementa2 tion of the template developed under subpara3 graph (A) for States, metropolitan planning or4 ganizations, and additional relevant transpor5 tation stakeholders. 

6 (3) REPORTS.— 

7 (A) METHODOLOGY.—The Secretary shall 

8 submit to Congress a report describing the de9 velopment of the standardized methodology re10 quired under paragraph (1) not later than— 

11 (i) the date that is 18 months after 

12 the date of enactment of this Act; and 

13 (ii) the date that is 180 days after the 

14 date on which the Secretary completes the 

15 development of such standardized method16 ology. 

17 (B) IMPLEMENTATION.—Not later than 3 

18 years after the date of enactment of this Act, 

19 the Secretary shall submit to Congress a report 

20 describing— 

21 (i) the status of the voluntary imple22 mentation of the standardized methodology 

23 developed under paragraph (1) and the 

24 template developed under paragraph 

25 (2)(A); 


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1 (ii) whether the implementation of the 

2 standardized methodology developed under 

3 paragraph (1) and the template developed 

4 under paragraph (2)(A) has impacted ef5 forts by States, units of local government, 

6 and other entities— 

7 (I) to reduce the number of wild8 life-vehicle collisions; and 

9 (II) to improve habitat 

10 connectivity; 

11 (iii) the degree of the impact de12 scribed in clause (ii); and 

13 (iv) the recommendations of the Sec14 retary, including recommendations for fur15 ther study aimed at reducing motorist col16 lisions involving wildlife and improving 

17 habitat connectivity for terrestrial and 

18 aquatic species on the National Highway 

19 System, if any. 

20 (c) NATIONAL THRESHOLD GUIDANCE.—The Sec21 retary of Transportation shall— 

22 (1) establish guidance, to be carried out by 

23 States on a voluntary basis, that contains a thresh24 old for determining whether a highway shall be eval25 uated for potential mitigation measures to reduce 


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1 wildlife-vehicle collisions and increase habitat 

2 connectivity for terrestrial and aquatic species, tak3 ing into consideration— 

4 (A) the number of wildlife-vehicle collisions 

5 on the highway that pose a human safety risk; 

6 (B) highway-related mortality and effects 

7 of traffic on the highway on— 

8 (i) species listed as endangered spe9 cies or threatened species under the En10 dangered Species Act of 1973 (16 U.S.C. 

11 1531 et seq.); 

12 (ii) species identified by a State as 

13 species of greatest conservation need; 

14 (iii) species identified in State wildlife 

15 plans; and 

16 (iv) medium and small terrestrial and 

17 aquatic species; and 

18 (C) habitat connectivity values for terres19 trial and aquatic species and the barrier effect 

20 of the highway on the movements and migra21 tions of those species. 

22 (d) WORKFORCE DEVELOPMENT AND TECHNICAL

23 TRAINING.— 

24 (1) IN GENERAL.—Not later than 3 years after 

25 the date of enactment of this Act, the Secretary 


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1 shall, based on the study conducted under subsection 

2 (a), develop a series of in-person and online work3 force development and technical training courses— 

4 (A) to reduce wildlife-vehicle collisions; and 

5 (B) to improve habitat connectivity for ter6 restrial and aquatic species. 

7 (2) AVAILABILITY.—The Secretary shall— 

8 (A) make the series of courses developed 

9 under paragraph (1) available for transpor10 tation and fish and wildlife professionals; and 

11 (B) update the series of courses not less 

12 frequently than once every 2 years. 

13 (e) WILDLIFE HABITAT CONNECTIVITY AND NA14 TIONAL BRIDGE AND TUNNEL INVENTORY AND INSPEC15 TION STANDARDS.—Section 144 of title 23, United States 

16 Code, is amended in subsection (a)(2)— 

17 (1) in subparagraph (B) by inserting ‘‘, resil18 ience,’’ after ‘‘safety’’; 

19 (2) in subparagraph (D) by striking ‘‘and’’ at 

20 the end; 

21 (3) in subparagraph (E) by striking the period 

22 at the end and inserting ‘‘; and’’; and 

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

24 ‘‘(F) to ensure adequate passage of aquatic 

25 and terrestrial species, where appropriate.’’; 


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1 SEC. 5108. RESEARCH ACTIVITIES. 

2 Section 330(g) of title 49, United States Code, is 

3 amended by striking ‘‘each of fiscal years 2016 through 

4 2020’’ and inserting ‘‘each of fiscal years 2023 through 

5 2026’’. 

6 SEC. 5109. TRANSPORTATION EQUITY RESEARCH PRO7 GRAM. 

8 (a) IN GENERAL.—The Secretary of Transportation 

9 shall carry out a transportation equity research program 

10 for research and demonstration activities that focus on the 

11 impacts that surface transportation planning, investment, 

12 and operations have on low-income populations, minority 

13 populations, and other underserved populations that may 

14 be dependent on public transportation. Such activities 

15 shall include research on surface transportation equity 

16 issues, the development of strategies to advance economic 

17 and community development in public transportation-de18 pendent populations, and the development of training pro19 grams that promote the employment of low-income popu20 lations, minority populations, and other underserved popu21 lations on Federal-aid transportation projects constructed 

22 in their communities. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $2,000,000 for each of fiscal years 2023 through 2026. 


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1 (c) AVAILABILITY OF AMOUNTS.—Amounts made 

2 available to the Secretary to carry out this section shall 

3 remain available for a period of 3 years beginning after 

4 the last day of the fiscal year for which the amounts are 

5 authorized. 

6 SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVEL7 OPMENT, AND TECHNOLOGY. 

8 Section 502(b)(3)(C) of title 23, United States Code, 

9 is amended by inserting ‘‘entities that represent the needs 

10 of metropolitan planning organizations,’’ after ‘‘Offi11 cials,’’. 

12 SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT 

13 PROGRAM. 

14 (a) ESTABLISHMENT.—Not later than 6 months after 

15 the date of enactment of this Act, the Secretary of Trans16 portation shall seek to enter into an agreement with a non17 profit nongovernmental entity that exclusively serves the 

18 needs and interests of metropolitan planning organizations 

19 to establish a pilot program to provide awards to eligible 

20 entities to carry out eligible activities to enhance and im21 prove metropolitan planning practices in surface transpor22 tation. 

23 (b) GOALS.—The goals of the pilot program estab24 lished under this section include— 


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1 (1) enhancing metropolitan planning practices 

2 in surface transportation; 

3 (2) improving the ability of metropolitan plan4 ning organizations to meet performance measures 

5 and targets under section 150 of title 23, United 

6 States Code; 

7 (3) preparing for the impact that emerging 

8 technologies, such as connected and automated vehi9 cles, will have on the metropolitan planning process; 

10 (4) improving environmental considerations in 

11 the metropolitan planning process; 

12 (5) reducing greenhouse gas emissions and lim13 iting the effects of climate change; 

14 (6) improving access to jobs and services; 

15 (7) supporting underserved communities; and 

16 (8) expanding the ability of metropolitan plan17 ning organizations to collect public input and 

18 strengthen community engagement. 

19 (c) FORMS OF ASSISTANCE.—An award provided 

20 under this section may be in the form of a grant, contract, 

21 or cooperative agreement. 

22 (d) COMPETITIVE SELECTION PROCESS.— 

23 (1) APPLICATIONS.—To be eligible to receive an 

24 award under this section, an eligible entity shall sub25 mit to the Secretary an application in such form and 


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1 containing such information as the Secretary may 

2 require. 

3 (2) SELECTION CRITERIA.—The Secretary may 

4 provide awards under this section to any eligible en5 tity based on the demonstrated ability of the entity 

6 to fulfill the goals described under subsection (b) 

7 and carry out eligible activities. 

8 (e) TRANSPARENCY.—The Secretary shall submit to 

9 the Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on Envi11 ronment and Public Works of the Senate a report describ12 ing the selection process for providing an award under this 

13 section and the results of activities carried out under this 

14 section. 

15 (f) DEFINITIONS.—In this section: 

16 (1) ELIGIBLE ACTIVITY.—The term ‘‘eligible 

17 activity’’ means— 

18 (A) carrying out research to improve met19 ropolitan planning practices; 

20 (B) developing new metropolitan planning 

21 tools; 

22 (C) improving existing metropolitan plan23 ning tools and practices; or 


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1 (D) any other research activities the Sec2 retary determines to be appropriate, consistent 

3 with the goals under subsection (b). 

4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means— 

6 (A) a metropolitan planning organization 

7 designated under section 134(d) of title 23, 

8 United States Code; 

9 (B) a metropolitan planning organization 

10 working in partnership with a nonprofit organi11 zation; 

12 (C) a metropolitan planning organization 

13 working in partnership with a county; or 

14 (D) a group of entities described under 

15 subparagraphs (A) through (C). 

16 (g) FEDERAL SHARE.—The Federal share of the cost 

17 of an activity carried out using an award under this sec18 tion shall be 100 percent. 

19 (h) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—From the amounts made 

21 available to carry out section 503(b) of title 23, 

22 United States Code, for each of fiscal years 2023 

23 through 2026, the Secretary may expend $1,000,000 

24 to carry out this section. 


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1 (2) ADMINISTRATIVE EXPENSES.—Of the 

2 amounts made available under paragraph (1), the 

3 Secretary may use up to 5 percent of such funds for 

4 administrative expenses. 

5 (i) INFORMATION COLLECTION.—Any survey, ques6 tionnaire, or interview that the Secretary determines to 

7 be necessary to carry out reporting requirements relating 

8 to any program assessment or evaluation activity under 

9 this section, including customer satisfaction assessments, 

10 shall not be subject to chapter 35 of title 44, United 

11 States Code (commonly known as the ‘‘Paperwork Reduc12 tion Act’’). 

13 Subtitle B—Technology 

14 Deployment 

15 SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT 

16 PROGRAM. 

17 Section 503(c) of title 23, United States Code, is 

18 amended— 

19 (1) in paragraph (1)— 

20 (A) in subparagraph (A) by inserting ‘‘, 

21 while considering the impacts on jobs’’ after 

22 ‘‘transportation community’’; 

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

24 and’’ and inserting a semicolon; 


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1 (C) in subparagraph (E) by striking the 

2 period and inserting ‘‘; and’’; and 

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

4 ‘‘(F) reducing greenhouse gas emissions 

5 and limiting the effects of climate change.’’; 

6 and 

7 (2) in paragraph (2)(A) by striking the period 

8 and inserting ‘‘and findings from the materials to 

9 reduce greenhouse gas emissions program under 

10 subsection (d).’’. 

11 SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOY12 MENT OF PAVEMENT TECHNOLOGIES. 

13 Section 503(c)(3) of title 23, United States Code, is 

14 amended— 

15 (1) in subparagraph (B)— 

16 (A) in clause (v) by striking ‘‘; and’’ and 

17 inserting a semicolon; 

18 (B) in clause (vi) by striking the period 

19 and inserting ‘‘; and’’; and 

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

21 ‘‘(vii) the deployment of innovative 

22 pavement designs, materials, and practices 

23 that reduce or sequester the amount of 

24 greenhouse gas emissions generated during 

25 the production of highway materials and 


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1 the construction of highways, with consid2 eration for findings from the materials to 

3 reduce greenhouse gas emissions program 

4 under subsection (d).’’; 

5 (2) in subparagraph (C) by striking ‘‘fiscal 

6 years 2016 through 2020’’ and inserting ‘‘fiscal 

7 years 2023 through 2026’’; and 

8 (3) in subparagraph (D)(ii)— 

9 (A) in subclause (III) by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (B) in subclause (IV) by striking the pe12 riod and inserting a semicolon; and 

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

14 ‘‘(V) pavement monitoring and 

15 data collection practices; 

16 ‘‘(VI) pavement durability and 

17 resilience; 

18 ‘‘(VII) stormwater management; 

19 ‘‘(VIII) impacts on vehicle effi20 ciency; 

21 ‘‘(IX) the energy efficiency of the 

22 production of paving materials and 

23 the ability of paving materials to en24 hance the environment and promote 

25 sustainability; 


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1 ‘‘(X) integration of renewable en2 ergy in pavement designs; and 

3 ‘‘(XI) greenhouse gas emissions 

4 reduction, including findings from the 

5 materials to reduce greenhouse gas 

6 emissions program under subsection 

7 (d).’’. 

8 SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY 

9 DAY COUNTS INITIATIVE. 

10 (a) IN GENERAL.—Chapter 5 of title 23, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 520. Every Day Counts initiative 

14 ‘‘(a) IN GENERAL.—It is in the national interest for 

15 the Department of Transportation, State departments of 

16 transportation, and all other recipients of Federal surface 

17 transportation funds— 

18 ‘‘(1) to identify, accelerate, and deploy innova19 tion aimed at expediting project delivery; 

20 ‘‘(2) enhancing the safety of the roadways of 

21 the United States, and protecting the environment; 

22 ‘‘(3) to ensure that the planning, design, engi23 neering, construction, and financing of transpor24 tation projects is done in an efficient and effective 

25 manner; 


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1 ‘‘(4) to promote the rapid deployment of proven 

2 solutions that provide greater accountability for pub3 lic investments and encourage greater private sector 

4 involvement; and 

5 ‘‘(5) to create a culture of innovation within the 

6 highway community. 

7 ‘‘(b) EVERY DAY COUNTS INITIATIVE.—To advance 

8 the policy described in subsection (a), the Administrator 

9 of the Federal Highway Administration shall continue the 

10 Every Day Counts initiative to work with States, local 

11 transportation agencies, all other recipients of Federal 

12 surface transportation funds, and industry stakeholders, 

13 including labor representatives, to identify and deploy 

14 proven innovative practices and products that— 

15 ‘‘(1) accelerate innovation deployment; 

16 ‘‘(2) expedite the project delivery process; 

17 ‘‘(3) improve environmental sustainability; 

18 ‘‘(4) enhance roadway safety; 

19 ‘‘(5) reduce congestion; and 

20 ‘‘(6) reduce greenhouse gas emissions. 

21 ‘‘(c) CONSIDERATIONS.—In carrying out the Every 

22 Day Counts initiative, the Administrator shall consider 

23 any innovative practices and products in accordance with 

24 subsections (a) and (b), including— 


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1 ‘‘(1) research results from the university trans2 portation centers program under section 5505 of 

3 title 49; and 

4 ‘‘(2) results from the materials to reduce green5 house gas emissions program in section 503(d). 

6 ‘‘(d) INNOVATION DEPLOYMENT.— 

7 ‘‘(1) IN GENERAL.—At least every 2 years, the 

8 Administrator shall work collaboratively with stake9 holders to identify a new collection of innovations, 

10 best practices, and data to be deployed to highway 

11 stakeholders through case studies, outreach, and 

12 demonstration projects. 

13 ‘‘(2) REQUIREMENTS.—In identifying a collec14 tion described in paragraph (1), the Secretary shall 

15 take into account market readiness, impacts, bene16 fits, and ease of adoption of the innovation or prac17 tice. 

18 ‘‘(e) PUBLICATION.—Each collection identified under 

19 subsection (d) shall be published by the Administrator on 

20 a publicly available website. 

21 ‘‘(f) FUNDING.—The Secretary may use funds made 

22 available to carry out section 503(c) to carry out this sec23 tion. 


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1 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec2 tion may be construed to allow the Secretary to waive any 

3 requirement under any other provision of Federal law.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chap5 ter 5 of title 23, United States Code, is amended by add6 ing at the end the following new item: 

‘‘520. Every Day Counts initiative.’’. 

7 (c) REPEAL.—Section 1444 of the FAST Act (23 

8 U.S.C. 101 note), and the item related to such section in 

9 the table of contents in section 1(b) of such Act, are re10 pealed. 

11 Subtitle C—Emerging Technologies 

12 SEC. 5301. MOBILITY THROUGH ADVANCED TECH13 NOLOGIES. 

14 Section 503(c)(4) of title 23, United States Code, is 

15 amended— 

16 (1) in subparagraph (A)— 

17 (A) by striking ‘‘Not later than 6 months 

18 after the date of enactment of this paragraph, 

19 the’’ and inserting ‘‘The’’; 

20 (B) by striking ‘‘establish an advanced 

21 transportation and congestion management 

22 technologies deployment’’ and inserting ‘‘estab23 lish a mobility through advanced technologies’’; 

24 (C) by inserting ‘‘mobility,’’ before ‘‘effi25 ciency,’’; and 


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1 (D) by inserting ‘‘environmental impacts,’’ 

2 after ‘‘system performance,’’; 

3 (2) in subparagraph (B)— 

4 (A) by striking clause (i) and inserting the 

5 following: 

6 ‘‘(i) reduce costs, improve return on 

7 investments, and improve person through8 put and mobility, including through the op9 timization of existing transportation capac10 ity;’’; 

11 (B) in clause (iv) by inserting ‘‘bicyclist, 

12 and’’ before ‘‘pedestrian’’; 

13 (C) in clause (vii) by striking ‘‘; or’’ and 

14 inserting a semicolon; 

15 (D) in clause (viii)— 

16 (i) by striking ‘‘accelerate’’ and insert17 ing ‘‘prepare for’’; and 

18 (ii) by striking the period and insert19 ing ‘‘; or’’; and 

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

21 ‘‘(ix) reduce greenhouse gas emissions 

22 and limit the effects of climate change.’’; 

23 (3) in subparagraph (C)— 


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1 (A) in clause (ii)(II)(aa) by striking ‘‘con2 gestion’’ and inserting ‘‘congestion and delays, 

3 greenhouse gas emissions’’; and 

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

5 ‘‘(iii) CONSIDERATIONS.—An applica6 tion submitted under this paragraph may 

7 include a description of how the proposed 

8 project would support the national goals 

9 described in section 150(b), the achieve10 ment of metropolitan and statewide targets 

11 established under section 150(d), or the 

12 improvement of transportation system ac13 cess consistent with section 150(f), includ14 ing through— 

15 ‘‘(I) the congestion and on-road 

16 mobile-source emissions performance 

17 measures established under section 

18 150(c)(5); or 

19 ‘‘(II) the greenhouse gas emis20 sions performance measures estab21 lished under section 150(c)(7).’’; 

22 (4) in subparagraph (D) by adding at the end 

23 the following: 

24 ‘‘(iv) PRIORITIZATION.—In awarding 

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1 retary shall prioritize projects that, in ac2 cordance with the criteria described in sub3 paragraph (B)— 

4 ‘‘(I) improve person throughput 

5 and mobility, including through the 

6 optimization of existing transportation 

7 capacity; 

8 ‘‘(II) deliver environmental bene9 fits; 

10 ‘‘(III) reduce the number and se11 verity of traffic crashes and increase 

12 driver, passenger, bicyclist, and pedes13 trian safety; or 

14 ‘‘(IV) reduce greenhouse gas 

15 emissions and limit the effects of cli16 mate change. 

17 ‘‘(v) GRANT DISTRIBUTION.—In each 

18 fiscal year, the Secretary shall award not 

19 fewer than 3 grants under this paragraph 

20 based on the potential of the project to re21 duce the number and severity of traffic 

22 crashes and increase, driver, passenger, bi23 cyclist, and pedestrian safety.’’; 

24 (5) in subparagraph (E)— 

25 (A) in clause (vi)— 


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1 (i) by inserting ‘‘, vehicle-to-pedes2 trian,’’ after ‘‘vehicle-to-vehicle’’; and 

3 (ii) by inserting ‘‘systems to improve 

4 vulnerable road user safety,’’ before ‘‘tech5 nologies associated with’’ ; 

6 (B) in clause (viii) by striking ‘‘; or’’ and 

7 inserting a semicolon; 

8 (C) in clause (ix) by striking ‘‘disabled in9 dividuals.’’ and inserting ‘‘disabled individuals, 

10 including activities under section 5316 of title 

11 49; or’’; and 

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

13 ‘‘(x) measures to safeguard surface 

14 transportation system technologies under 

15 this subparagraph from cybersecurity 

16 threats.’’. 

17 (6) by striking subparagraph (G) and inserting 

18 the following: 

19 ‘‘(G) REPORTING.— 

20 ‘‘(i) APPLICABILITY OF LAW.—The 

21 program under this paragraph shall be 

22 subject to the accountability and oversight 

23 requirements in section 106(m). 

24 ‘‘(ii) REPORT.—Not later than 3 

25 years after the date that the first grant is 


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1 awarded under this paragraph, and each 

2 year thereafter, the Secretary shall make 

3 available to the public on a website a re4 port that describes the effectiveness of 

5 grant recipients in meeting their projected 

6 deployment plans, including data provided 

7 under subparagraph (F) on how the pro8 gram has provided benefits, such as how 

9 the program has— 

10 ‘‘(I) reduced traffic-related fatali11 ties and injuries; 

12 ‘‘(II) reduced traffic congestion 

13 and improved travel time reliability; 

14 ‘‘(III) reduced transportation-re15 lated emissions; 

16 ‘‘(IV) optimized multimodal sys17 tem performance; 

18 ‘‘(V) improved access to trans19 portation alternatives; 

20 ‘‘(VI) provided the public with 

21 access to real-time integrated traffic, 

22 transit, and multimodal transpor23 tation information to make informed 

24 travel decisions; 


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1 ‘‘(VII) provided cost savings to 

2 transportation agencies, businesses, 

3 and the traveling public; 

4 ‘‘(VIII) created or maintained 

5 transportation jobs and supported 

6 transportation workers; or 

7 ‘‘(IX) provided other benefits to 

8 transportation users and the general 

9 public. 

10 ‘‘(iii) CONSIDERATIONS.—If applica11 ble, the Secretary shall ensure that the ac12 tivities described in subclauses (I) and (IV) 

13 of clause (ii) reflect— 

14 ‘‘(I) any information described in 

15 subparagraph (C)(iii) that is included 

16 by an applicant; or 

17 ‘‘(II) the project prioritization 

18 guidelines under subparagraph 

19 (D)(iv).’’; 

20 (7) in subparagraph (I) by striking ‘‘FUNDING’’ 

21 and all that follows through ‘‘the Secretary may set 

22 aside’’ and inserting the following: ‘‘FUNDING.—Of 

23 the amounts made available to carry out this para24 graph, the Secretary may set aside’’; 


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1 (8) in subparagraph (J) by striking the period 

2 at the end and inserting ‘‘, except that the Federal 

3 share of the cost of a project for which a grant is 

4 awarded under this paragraph shall not exceed 80 

5 percent.’’; 

6 (9) in subparagraph (K) by striking ‘‘amount 

7 described under subparagraph (I)’’ and inserting 

8 ‘‘funds made available to carry out this paragraph’’; 

9 (10) by striking subparagraph (M) and insert10 ing the following: 

11 ‘‘(M) GRANT FLEXIBILITY.—If, by August 

12 1 of each fiscal year, the Secretary determines 

13 that there are not enough grant applications 

14 that meet the requirements described in sub15 paragraph (C) to carry out this paragraph for 

16 a fiscal year, the Secretary shall transfer to the 

17 technology and innovation deployment pro18 gram— 

19 ‘‘(i) any of the funds made available 

20 to carry out this paragraph in a fiscal year 

21 that the Secretary has not yet awarded 

22 under this paragraph; and 

23 ‘‘(ii) an amount of obligation limita24 tion equal to the amount of funds that the 

25 Secretary transfers under clause (i).’’; and 


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1 (11) in subparagraph (N)— 

2 (A) in clause (i) by inserting ‘‘an urban3 ized area with’’ before ‘‘a population of’’; and 

4 (B) in clause (iii) by striking ‘‘a any’’ and 

5 inserting ‘‘any’’. 

6 SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PRO7 GRAM. 

8 (a) USE OF FUNDS FOR ITS ACTIVITIES.—Section 

9 513(c)(1) of title 23, United States Code, is amended by 

10 inserting ‘‘greenhouse gas emissions reduction,’’ before 

11 ‘‘and congestion management’’. 

12 (b) GOALS AND PURPOSES.—Section 514(a) of title 

13 23, United States Code, is amended— 

14 (1) in paragraph (6) by striking ‘‘national 

15 freight policy goals’’ and inserting ‘‘national 

16 multimodal freight policy goals and activities de17 scribed in subtitle IX of title 49’’; 

18 (2) by redesignating paragraphs (4), (5), and 

19 (6) as paragraphs (5), (6), and (7), respectively; and 

20 (3) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) reduction of greenhouse gas emissions and 

23 mitigation of the effects of climate change;’’. 


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1 (c) GENERAL AUTHORITIES AND REQUIREMENTS.— 

2 Section 515(h) of title 23, United States Code, is amend3 ed— 

4 (1) in paragraph (2)— 

5 (A) by striking ‘‘20 members’’ and insert6 ing ‘‘25 members’’; 

7 (B) in subparagraph (A) by striking 

8 ‘‘State highway department’’ and inserting 

9 ‘‘State department of transportation’’; 

10 (C) in subparagraph (B) by striking ‘‘local 

11 highway department’’ and inserting ‘‘local de12 partment of transportation’’; 

13 (D) by striking subparagraphs (E), (F), 

14 (G), (H), (I), and (J) and inserting the fol15 lowing: 

16 ‘‘(E) a private sector representative of the 

17 intelligent transportation systems industry; 

18 ‘‘(F) a representative from an advocacy 

19 group concerned with safety, including bicycle 

20 and pedestrian interests; 

21 ‘‘(G) a representative from a labor organi22 zation; and’’; 

23 (E) by redesignating subparagraph (K) as 

24 subparagraph (H); and 

25 (F) by striking subparagraph (L); 


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1 (2) in paragraph (3)— 

2 (A) in subparagraph (A) by striking ‘‘sec3 tion 508’’ and inserting ‘‘section 6503 of title 

4 49’’; 

5 (B) in subparagraph (B)— 

6 (i) in clause (ii)— 

7 (I) by inserting ‘‘in both urban 

8 and rural areas’’ after ‘‘by users’’; 

9 and 

10 (II) by striking ‘‘; and’’ and in11 serting a semicolon; 

12 (ii) in clause (iii) by striking the pe13 riod and inserting ‘‘; and’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(iv) assess how Federal transpor17 tation resources, including programs under 

18 this title, are being used to advance intel19 ligent transportation systems.’’; and 

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

21 ‘‘(C) Convene not less frequently than 

22 twice each year, either in person or remotely.’’; 

23 (3) in paragraph (4) by striking ‘‘May 1’’ and 

24 inserting ‘‘April 1’’; and 


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1 (4) in paragraph (5) by inserting ‘‘, except that 

2 section 14 of such Act shall not apply’’ before the 

3 period at the end. 

4 (d) RESEARCH AND DEVELOPMENT.—Section 516(a) 

5 of title 23, United States Code, is amended by inserting 

6 ‘‘including through grants to entities or groups of entities, 

7 such as institutions of higher education,’’ after ‘‘research 

8 and development,’’. 

9 (e) RESEARCH AND DEVELOPMENT PRIORITY

10 AREAS.—Section 516(b) of title 23, United States Code, 

11 is amended— 

12 (1) by redesignating paragraphs (5), (6), and 

13 (7) as paragraphs (6), (7), and (8), respectively; 

14 (2) by inserting after paragraph (4) the fol15 lowing: 

16 ‘‘(5) demonstrate reductions in greenhouse gas 

17 emissions;’’; 

18 (3) in paragraph (7), as so redesignated, by 

19 striking ‘‘; or’’ and inserting a semicolon; 

20 (4) in paragraph (8), as so redesignated, by 

21 striking the period and inserting a semicolon; and 

22 (5) by adding at the end the following: 

23 ‘‘(9) integrate existing observational networks 

24 and data management systems for road weather ap25 plications; or 


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1 ‘‘(10) facilitate the interconnectivity of data 

2 and information technology systems across different 

3 observational networks and different users.’’. 

4 SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND 

5 MOBILITY INNOVATION CLEARINGHOUSE. 

6 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

7 49, United States Code, is further amended by adding at 

8 the end the following: 

9 ‘‘§ 5507. National highly automated vehicle and mo10 bility innovation clearinghouse 

11 ‘‘(a) IN GENERAL.—The Secretary shall make a 

12 grant to an institution of higher education engaged in re13 search on the secondary impacts of highly automated vehi14 cles and mobility innovation to— 

15 ‘‘(1) operate a national highly automated vehi16 cle and mobility innovation clearinghouse; 

17 ‘‘(2) collect, conduct, and fund research on the 

18 secondary impacts of highly automated vehicles and 

19 mobility innovation; 

20 ‘‘(3) make such research available on a public 

21 website; and 

22 ‘‘(4) conduct outreach and dissemination of the 

23 information described in this subsection to assist 

24 communities. 

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


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1 ‘‘(1) HIGHLY AUTOMATED VEHICLE.—The term 

2 ‘highly automated vehicle’ means a motor vehicle 

3 that is designed to be operated by a level 3 or level 

4 4 automated driving system for trips within its oper5 ational design domain or a level 5 automated driving 

6 system for all trips according to the recommended 

7 standards published in April 2021, by the Society of 

8 Automotive Engineers International (J3016l9 

9 202104) or, when adopted, equivalent standards es10 tablished by the Secretary under chapter 301 of title 

11 49, United States Code, with respect to automated 

12 motor vehicles. 

13 ‘‘(2) MOBILITY INNOVATION.—The term ‘mobil14 ity innovation’ means an activity described in section 

15 5316, including mobility on demand and mobility as 

16 a service (as such terms are defined in such section). 

17 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

18 The term ‘institution of higher education’ has the 

19 meaning given the term in section 101 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1001). 

21 ‘‘(4) SECONDARY IMPACTS.—The term ‘sec22 ondary impacts’ means the impacts on land use, 

23 urban design, transportation systems, real estate, 

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1 ability and quality of jobs, air quality and climate, 

2 energy consumption, and the environment.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 55 of title 49, United States Code, is amended by in5 serting after the item relating to section 5506, as added 

6 by this Act, the following: 

‘‘5507. National highly automated vehicle and mobility innovation clearinghouse.’’. 

7 (c) DEADLINE FOR CLEARINGHOUSE.—The Sec8 retary of Transportation shall ensure that the institution 

9 of higher education that receives the grant described in 

10 section 5507(a)(1) of title 49, United States Code, as 

11 added by subsection (a), shall establish the national highly 

12 automated vehicle clearinghouse described in such section 

13 not later than 180 days after the date of enactment of 

14 this Act. 

15 SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTO16 MATED VEHICLES AND ROAD USERS. 

17 (a) PURPOSE.—The purpose of this section shall be 

18 to ensure that the increasing deployment of automated ve19 hicles does not jeopardize the safety of road users. 

20 (b) STUDY.— 

21 (1) ESTABLISHMENT.—Not later than 9 

22 months after the date of enactment of this Act, the 

23 Secretary of Transportation shall initiate a study on 


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1 the ability of automated vehicles to safely interact 

2 with other road users. 

3 (2) CONTENTS.—In carrying out the study 

4 under paragraph (1), the Secretary shall— 

5 (A) examine the ability of automated vehi6 cles to safely interact with general road users, 

7 including vulnerable road users; 

8 (B) identify barriers to improving the safe9 ty of interactions between automated vehicles 

10 and general road users; and 

11 (C) issue recommendations to improve the 

12 safety of interactions between automated vehi13 cles and general road users, including, at a 

14 minimum— 

15 (i) technology advancements with the 

16 potential to facilitate safer interactions be17 tween automated vehicles and general road 

18 users given the safety considerations in 

19 paragraph (3); 

20 (ii) road user public awareness; and 

21 (iii) improvements to transportation 

22 planning and road design. 

23 (3) CONSIDERATIONS.—In carrying out the 

24 study under paragraph (1), the Secretary shall take 

25 into consideration whether automated vehicles can 


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1 safely operate within the surface transportation sys2 tem, including— 

3 (A) the degree to which ordinary human 

4 behaviors make it difficult for an automated ve5 hicle to safely, reliably predict human actions; 

6 (B) unique challenges for automated vehi7 cles in urban and rural areas; 

8 (C) the degree to which an automated ve9 hicle is capable of uniformly recognizing and re10 sponding to individuals with disabilities and in11 dividuals of different sizes, ages, races, and 

12 other varying characteristics; 

13 (D) for bicyclist, motorcyclist, and pedes14 trian road users— 

15 (i) the varying and non-standardized 

16 nature of bicyclist and pedestrian infra17 structure in different locations; 

18 (ii) the close proximity to motor vehi19 cles within which bicyclists often operate, 

20 including riding in unprotected bike lanes 

21 and crossing lanes to make a left turn, and 

22 the risk of such close proximity; and 

23 (iii) roadways that lack marked bicy24 clist infrastructure, particularly in 


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1 midsized and rural areas, on which 

2 bicyclists often operate; 

3 (E) for motorcyclist road users, the close 

4 proximity to other motor vehicles within which 

5 motorcyclists operate, including operating be6 tween lanes of slow or stopped traffic; and 

7 (F) depending on the level of automation 

8 of the vehicle, the degree to which human inter9 vention remains necessary to safely operate an 

10 automated vehicle to ensure the safety of gen11 eral road users in circumstances including— 

12 (i) dangerous weather; 

13 (ii) an electronic or system malfunc14 tion of the automated vehicle; and 

15 (iii) a cybersecurity threat to the op16 eration of the vehicle. 

17 (4) PUBLIC COMMENT.—Before conducting the 

18 study under paragraph (1), the Secretary shall pro19 vide an opportunity for public comment on the study 

20 proposal. 

21 (c) WORKING GROUP.— 

22 (1) ESTABLISHMENT.—Not later than 6 

23 months after the date of enactment of this Act, the 

24 Secretary of Transportation shall establish a workVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 ing group to assist in the development of the study 

2 and recommendations under subsection (b). 

3 (2) MEMBERSHIP.—The working group estab4 lished under paragraph (1) shall include representa5 tion from— 

6 (A) the National Highway Traffic Safety 

7 Administration; 

8 (B) State departments of transportation; 

9 (C) local governments (other than metro10 politan planning organizations, as such term is 

11 defined in section 134(b) of title 23, United 

12 States Code); 

13 (D) transit agencies; 

14 (E) metropolitan planning organizations 

15 (as such term is defined in section 134(b) of 

16 title 23, United States Code); 

17 (F) bicycle and pedestrian safety groups; 

18 (G) highway and automobile safety groups; 

19 (H) truck safety groups; 

20 (I) law enforcement officers and first re21 sponders; 

22 (J) motor carriers and independent owner23 operators; 

24 (K) the road construction industry; 

25 (L) labor organizations; 


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1 (M) academic experts on automated vehicle 

2 technologies; 

3 (N) manufacturers and developers of both 

4 passenger and commercial automated vehicles; 

5 (O) a motorcyclist rights group; and 

6 (P) other industries and entities as the 

7 Secretary determines appropriate. 

8 (3) DUTIES.—The working group established 

9 under paragraph (1) shall assist the Secretary by, at 

10 a minimum— 

11 (A) assisting in the development of the 

12 scope of the study under subsection (b); 

13 (B) reviewing the data and analysis from 

14 such study; 

15 (C) provide ongoing recommendations and 

16 feedback to ensure that such study reflects the 

17 contents described in paragraphs (2) and (3) of 

18 subsection (b); and 

19 (D) providing input to the Secretary on 

20 recommendations required under subsection 

21 (b)(2)(C). 

22 (4) APPLICABILITY OF THE FEDERAL ADVISORY

23 COMMITTEE ACT.—The working group under this 

24 subsection shall be subject to the Federal Advisory 


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1 Committee Act (5 U.S.C. App.), except that section 

2 14 of such Act shall not apply. 

3 (d) REPORT.—Not later than 2 years after the date 

4 of enactment of this Act, the Secretary of Transportation 

5 shall submit to the Committee on Transportation and In6 frastructure of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate, and make publicly available, the study initiated 

9 under subsection (b), including recommendations for en10 suring that automated vehicles safely interact with general 

11 road users. 

12 (e) DEFINITIONS.—In this section: 

13 (1) AUTOMATED VEHICLE.—The term ‘‘auto14 mated vehicle’’ means a motor vehicle that is de15 signed to be operated by a level 3 or level 4 auto16 mated driving system for trips within its operational 

17 design domain or a level 5 automated driving system 

18 for all trips according to the recommended standards 

19 published in April 2021, by the Society of Auto20 motive Engineers International (J3016l9 202104) 

21 or, when adopted, equivalent standards established 

22 by the Secretary under chapter 301 of title 49, 

23 United States Code, with respect to automated 

24 motor vehicles. 


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1 (2) GENERAL ROAD USERS.—The term ‘‘gen2 eral road users’’ means— 

3 (A) motor vehicles driven by individuals; 

4 (B) bicyclists and pedestrians; 

5 (C) motorcyclists; 

6 (D) workers in roadside construction 

7 zones; 

8 (E) emergency response vehicles, including 

9 first responders; 

10 (F) vehicles providing local government 

11 services, including street sweepers and waste 

12 collection vehicles; 

13 (G) law enforcement officers; 

14 (H) personnel who manually direct traffic, 

15 including crossing guards; 

16 (I) users of shared micromobility (includ17 ing bikesharing and shared scooter systems); 

18 and 

19 (J) other road users that may interact 

20 with automated vehicles, as determined by the 

21 Secretary of Transportation. 

22 (3) VULNERABLE ROAD USER.—The term ‘‘vul23 nerable road user’’ has the meaning given such term 

24 in section 148(a) of title 23, United States Code. 


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1 SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPOR2 TATION TECHNOLOGY COUNCIL. 

3 (a) IN GENERAL.—Chapter 1 of title 49, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 118. Nontraditional and Emerging Transportation 

7 Technology Council 

8 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor9 tation shall establish a Nontraditional and Emerging 

10 Transportation Technology Council (hereinafter referred 

11 to as the ‘Council’) in accordance with this section. 

12 ‘‘(b) MEMBERSHIP.— 

13 ‘‘(1) IN GENERAL.—The Council shall be com14 posed of the following officers of the Department of 

15 Transportation: 

16 ‘‘(A) The Secretary of Transportation. 

17 ‘‘(B) The Deputy Secretary of Transpor18 tation. 

19 ‘‘(C) The Under Secretary of Transpor20 tation for Policy. 

21 ‘‘(D) The General Counsel of the Depart22 ment of Transportation. 

23 ‘‘(E) The Chief Information Officer of the 

24 Department of Transportation. 

25 ‘‘(F) The Assistant Secretary for Research 

26 and Technology. 


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1 ‘‘(G) The Assistant Secretary for Budget 

2 and Programs. 

3 ‘‘(H) The Administrator of the Federal 

4 Aviation Administration. 

5 ‘‘(I) The Administrator of the Federal 

6 Highway Administration. 

7 ‘‘(J) The Administrator of the Federal 

8 Motor Carrier Safety Administration. 

9 ‘‘(K) The Administrator of the Federal 

10 Railroad Administration. 

11 ‘‘(L) The Administrator of the Federal 

12 Transit Administration. 

13 ‘‘(M) The Administrator of the Federal 

14 Maritime Administration. 

15 ‘‘(N) The Administrator of the National 

16 Highway Traffic Safety Administration. 

17 ‘‘(O) The Administrator of the Pipeline 

18 and Hazardous Materials Safety Administra19 tion. 

20 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

21 may designate additional members of the Depart22 ment to serve as at-large members of the Council. 

23 ‘‘(3) CHAIR AND VICE CHAIR.—The Secretary 

24 may designate officials to serve as the Chair and 


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1 Vice Chair of the Council and of any working groups 

2 of the Council. 

3 ‘‘(c) DUTIES.—The Council shall— 

4 ‘‘(1) identify and resolve any jurisdictional or 

5 regulatory gaps or inconsistencies associated with 

6 nontraditional and emerging transportation tech7 nologies, modes, or projects pending or brought be8 fore the Department to eliminate, so far as prac9 ticable, impediments to the prompt and safe deploy10 ment of new and innovative transportation tech11 nology, including with respect to safety regulation 

12 and oversight, environmental review, and funding 

13 issues; 

14 ‘‘(2) coordinate the Department’s internal over15 sight of nontraditional and emerging transportation 

16 technologies, modes, or projects and engagement 

17 with external stakeholders; 

18 ‘‘(3) within applicable statutory authority other 

19 than this paragraph, develop and establish depart20 ment-wide processes, solutions, and best practices 

21 for identifying, managing and resolving issues re22 garding emerging transportation technologies, 

23 modes, or projects pending or brought before the 

24 Department; and 


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1 ‘‘(4) carry out such additional duties as the 

2 Secretary may prescribe, to the extent consistent 

3 with this title, including subsections (f)(2) and (g) 

4 of section 106.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chap6 ter 1 of title 49, United States Code, is amended by add7 ing 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, trans13 portation 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 

22 use of automated vehicles. 

23 (b) ELIGIBLE ENTITIES.—The following entities 

24 shall 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 edu2 cation. 

3 (3) Nonprofit organizations with a dem4 onstrated capacity to develop and provide career 

5 pathway programs through labor-management part6 nerships, pre-apprenticeships, or registered appren7 ticeships on a nationwide basis. 

8 (4) Local governments. 

9 (c) LIMITATION ON AWARDS.—An entity may only 

10 receive one grant in a fiscal year under this section. 

11 (d) USE OF FUNDS.— 

12 (1) IN GENERAL.—A recipient of a grant under 

13 this section may only use grant amounts for devel14 oping and carrying out training programs, includ15 ing— 

16 (A) identifying and testing new duties for 

17 existing jobs impacted by the use of automated 

18 vehicles, including mechanical work, diagnostic 

19 work, and fleet operations management; 

20 (B) educational programs, including— 

21 (i) coursework or curricula through 

22 which participants may pursue a degree or 

23 certification; and 

24 (ii) tuition and direct education ex25 penses, excluding salaries, in connection 


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1 with the education and training of surface 

2 transportation workers whose jobs have 

3 been affected by the use of automated ve4 hicles; and 

5 (C) employee professional development, in6 cluding worker training or retraining, including 

7 train-the-trainer programs, to upgrade the skills 

8 of surface transportation workers whose jobs 

9 have been affected by the use of automated ve10 hicles. 

11 (2) REPORTING.—A recipient of a grant under 

12 this section shall report to the Secretary the fol13 lowing information: 

14 (A) The sectors of the surface transpor15 tation system from which workers are being dis16 placed. 

17 (B) The skills and professions for which 

18 workers are being retrained. 

19 (C) How many workers have benefitted 

20 from a grant awarded under this section. 

21 (D) Relevant demographic information of 

22 impacted workers. 

23 (3) LIMITATION.—Funds made available under 

24 this section may not be used to evaluate the effec25 tiveness of automated vehicle technologies. 


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1 (e) SELECTION CRITERIA.—In selecting grant recipi2 ents under this section, the Secretary shall consider the 

3 extent to which an applicant— 

4 (1) demonstrates the capability to develop cur5 ricula and provide training, provide retraining, or 

6 upgrade the skills of individuals described in sub7 section (a); 

8 (2) will provide program participants with prac9 tical experience and on-the-job training; and 

10 (3) demonstrates a commitment to carry out a 

11 surface transportation workforce development pro12 gram through degree-granting programs or pro13 grams that provide other industry-recognized creden14 tials. 

15 (f) FEDERAL SHARE.— 

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

17 cost of a grant under this section shall be 100 per18 cent. 

19 (2) AVAILABILITY OF FUNDS.—For a recipient 

20 of a grant under this section carrying out activities 

21 under such grant in partnership with a public trans22 portation agency that is receiving funds under sec23 tion 5307, 5337, or 5339 of title 49, United States 

24 Code, up to 0.5 percent of amounts made available 


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1 under any such section may qualify as the non-Fed2 eral share under paragraph (1). 

3 (g) REPORT REQUIREMENTS.—Not later than 60 

4 days after grants are awarded in a fiscal year under this 

5 section, the Secretary shall submit to the Committee on 

6 Transportation and Infrastructure of the House of Rep7 resentatives and the Committees on Commerce, Science, 

8 and Transportation, Banking, Housing, and Urban Af9 fairs, and Environment and Public Works of the Senate, 

10 and make publicly available, a report that includes— 

11 (1) a list of all grant recipients for such fiscal 

12 year; 

13 (2) an explanation of why each recipient was 

14 chosen in accordance with the selection criteria 

15 under subsection (e); 

16 (3) a summary of activities planned to be car17 ried out by each recipient and how such activities re18 late to the goals established under subsection (a); 

19 (4) the grant amount awarded to each recipi20 ent; and 

21 (5) the information required to be provided to 

22 the Secretary under subsection (d)(2). 

23 (h) DEFINITIONS.—In this section: 

24 (1) AUTOMATED VEHICLE.—The term ‘‘auto25 mated vehicle’’ means a motor vehicle that is deVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 signed to be operated by a level 3 or level 4 auto2 mated driving system for trips within its operational 

3 design domain or a level 5 automated driving system 

4 for all trips according to the recommended standards 

5 published in April 2021, by the Society of Auto6 motive Engineers International (J3016l9 202104) 

7 or, when adopted, equivalent standards established 

8 by the Secretary under chapter 301 of title 49, 

9 United States Code, with respect to automated 

10 motor vehicles. 

11 (2) INSTITUTION OF HIGHER EDUCATION.—The 

12 term ‘‘institution of higher education’’ has the 

13 meaning given the term in section 101 of the Higher 

14 Education Act of 1965 (20 U.S.C. 1001). 

15 (3) PUBLIC TRANSPORTATION.—The term 

16 ‘‘public transportation’’ has the meaning given such 

17 term in section 5302 of title 49, United States Code. 

18 (4) 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 (5) REGISTERED APPRENTICESHIP.—The term 

24 ‘‘registered apprenticeship’’ means an apprenticeship 

25 program registered under the Act of August 16, 


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1 1937 (29 U.S.C. 50 et seq.; commonly known as the 

2 ‘‘National Apprenticeship Act’’), that satisfies the 

3 requirements of parts 29 and 30 of title 29, Code 

4 of Federal Regulations (as in effect on January 1, 

5 2020). 

6 (i) AUTHORIZATION OF APPROPRIATIONS.— 

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

8 appropriated $50,000,000 for each of fiscal years 

9 2023 through 2026 to carry out this section. 

10 (2) AVAILABILITY OF AMOUNTS.—Amounts 

11 made available to the Secretary to carry out this sec12 tion shall remain available for a period of 3 years 

13 after the last day of the fiscal year for which the 

14 amounts are authorized. 

15 SEC. 5307. THIRD-PARTY DATA INTEGRATION PILOT PRO16 GRAM. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this Act, the Secretary of Transpor19 tation shall establish and implement a pilot program (in 

20 this section referred to as the ‘‘program’’) to leverage 

21 anonymous crowdsourced data from third-party entities to 

22 improve transportation management capabilities and effi23 ciency on Federal-aid highways. 

24 (b) GOALS.—The goals of the program include the 

25 utilization of anonymous crowdsourced data from third 


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1 parties to implement integrated traffic management sys2 tems which leverage real-time data to provide dynamic and 

3 efficient traffic-flow management for purposes of— 

4 (1) adjusting traffic light cycle times to opti5 mize traffic management and decrease congestion; 

6 (2) expanding or contracting lane capacity to 

7 meet traffic demand; 

8 (3) enhancing traveler notification of service 

9 conditions; 

10 (4) prioritizing high-priority vehicles such as 

11 emergency response and law enforcement within the 

12 transportation system; and 

13 (5) any other purposes which the Secretary 

14 deems an appropriate use of anonymous user data. 

15 (c) PARTNERSHIP.—In carrying out the program, the 

16 Secretary is authorized to enter into agreements with pub17 lic and private sector entities to accomplish the goals listed 

18 in subsection (b). 

19 (d) DATA PRIVACY AND SECURITY.—The Secretary 

20 shall ensure the protection of privacy for all sources of 

21 data utilized in the program, promoting cybersecurity to 

22 prevent hacking, spoofing, and disruption of connected 

23 and automated transportation systems. 

24 (e) PROGRAM LOCATIONS.—In carrying out the pro25 gram, the Secretary shall initiate programs in a variety 


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1 of areas, including urban, suburban, rural, tribal, or any 

2 other appropriate settings. 

3 (f) BEST PRACTICES.—Not later than 3 years after 

4 date of enactment of this Act, the Secretary shall publicly 

5 make available best practices to leverage private user data 

6 to support improved transportation management capabili7 ties and efficiency, including— 

8 (1) legal considerations when acquiring private 

9 user data for public purposes; and 

10 (2) protecting privacy and security of individual 

11 user data. 

12 (g) REPORT.—The Secretary shall annually submit 

13 a report to the Committee on Transportation and Infra14 structure of the House of Representatives and the Com15 mittee on Environment and Public Works of the Senate 

16 a report detailing— 

17 (1) a description of the activities carried out 

18 under the pilot program; 

19 (2) an evaluation of the effectiveness of the 

20 pilot program in meeting goals descried in sub21 section (b); 

22 (3) policy recommendations to improve integra23 tion of systems between public and private entities; 

24 and 


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1 (4) a description of costs associated with equip2 ping and maintaining systems. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated such sums as are necessary 

5 to carry out the program. 

6 (i) SUNSET.—On a date that is 5 years after the en7 actment of this Act, this program shall cease to be effec8 tive. 

9 SEC. 5308. THIRD-PARTY DATA PLANNING INTEGRATION 

10 PILOT PROGRAM. 

11 (a) IN GENERAL.—Not later than 180 days after en12 actment of this Act, the Secretary of Transportation shall 

13 establish and implement a pilot program (in this section 

14 referred to as the ‘‘program’’) to leverage anonymous 

15 crowdsourced data from third-party entities to improve 

16 transportation management capabilities and efficiency on 

17 Federal-aid highways. 

18 (b) GOALS.—The goals of the program include the 

19 utilization of anonymous crowdsourced data from third 

20 parties to— 

21 (1) utilize private-user data to inform infra22 structure planning decisions for the purposes of— 

23 (A) reducing congestion; 

24 (B) decreasing miles traveled; 

25 (C) increasing safety; 


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1 (D) improving freight efficiency; 

2 (E) enhancing environmental conditions; 

3 and 

4 (F) other purposes as the Secretary deems 

5 necessary. 

6 (c) PARTNERSHIP.—In carrying out the program, the 

7 Secretary is authorized to enter into agreements with pub8 lic and private sector entities to accomplish the goals listed 

9 in subsection (b). 

10 (d) DATA PRIVACY AND SECURITY.—The Secretary 

11 shall ensure the protection of privacy for all sources of 

12 data utilized in the program, promoting cybersecurity to 

13 prevent hacking, spoofing, and disruption of connected 

14 and automated transportation systems. 

15 (e) PROGRAM LOCATIONS.—In carrying out the pro16 gram, the Secretary shall initiate programs in a variety 

17 of areas, including urban, suburban, rural, tribal, or any 

18 other appropriate settings. 

19 (f) BEST PRACTICES.—Not later than 3 years after 

20 date of enactment of this Act, the Secretary shall publicly 

21 make available best practices to leverage private user data 

22 to support improved transportation management capabili23 ties and efficiency, including— 

24 (1) legal considerations when acquiring private 

25 user data for public purposes; and 


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1 (2) protecting privacy and security of individual 

2 user data. 

3 (g) REPORT.—The Secretary shall annually submit 

4 a report to the Committee on Transportation and Infra5 structure of the House of Representatives and the Com6 mittee on Environment and Public Works of the Senate 

7 a report detailing— 

8 (1) a description of the activities carried out 

9 under the pilot program; 

10 (2) an evaluation of the effectiveness of the 

11 pilot program in meeting goals descried in sub12 section (b); and 

13 (3) policy recommendations to improve the im14 plementation of anonymous crowdsourced data into 

15 planning decisions. 

16 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated such sums as are necessary 

18 to carry out the program. 

19 (i) SUNSET.—On a date that is 5 years after the en20 actment of this Act, this program shall cease to be effec21 tive. 

22 SEC. 5309. AUTOMATED COMMERCIAL VEHICLE REPORT23 ING. 

24 (a) ESTABLISHMENT.—Not later than 1 year after 

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1 portation shall establish a repository for submitting enti2 ties to submit information to the Secretary on operations 

3 of automated commercial motor vehicles in interstate com4 merce. 

5 (b) PURPOSES.—The purpose of this section shall be 

6 to ensure automated commercial motor vehicle safety and 

7 transparency in developing and maintaining the repository 

8 under this section. 

9 (c) INFORMATION REQUIRED.— 

10 (1) SUBMISSIONS.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary 

12 shall develop a process for submitting entities oper13 ating automated commercial motor vehicles in inter14 state commerce to provide the following information 

15 in accordance with paragraph (2): 

16 (A) The name of the submitting entity re17 sponsible for the operation of an automated 

18 commercial motor vehicle or vehicles. 

19 (B) The make, model, and weight class of 

20 such vehicle or vehicles. 

21 (C) The intended level of automation of 

22 such vehicle or vehicles, according to the tax23 onomy described in subsection (f)(1). 

24 (D) The Department of Transportation 

25 number or operating authority assigned to the 


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1 submitting entity described in subparagraph 

2 (A), if applicable. 

3 (E) A list of States in which the operation 

4 of such vehicle or vehicles will occur and a list 

5 of Federal-aid highways (as defined in section 

6 101(a) of title 23, United States Code) on 

7 which the operation will occur, as well as total 

8 miles traveled in the previous year on a bian9 nual basis. 

10 (F) Any cargo classifications or passengers 

11 to be transported in such vehicle or vehicles, in12 cluding whether the submitting entity is trans13 porting such cargo or passengers under con14 tract with another entity. 

15 (G) Documentation of training or certifi16 cations provided to any drivers, or other indi17 viduals directly involved in the performance of 

18 the dynamic driving task or fallback during op19 eration of the vehicle, if any. 

20 (H) Any fatigue management plans or 

21 work hour limitations applicable to drivers, if 

22 any, consistent with such standards of the De23 partment regarding automated commercial 

24 motor vehicle drivers. 


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1 (I) Law enforcement interaction plans for 

2 automated commercial motor vehicles submitted 

3 to State transportation agencies or State and 

4 local law enforcement agencies. 

5 (J) Proof of insurance coverage. 

6 (2) SUBMISSION AND UPDATES.— 

7 (A) IN GENERAL.—A submitting entity re8 sponsible for the operation of an automated 

9 commercial motor vehicle shall provide the in10 formation required under this subsection not 

11 later than 60 days after the Secretary has pub12 lished the notice establishing the process de13 scribed in paragraph (1). 

14 (B) MATERIAL CHANGE OF INFORMA15 TION.—The submitting entity responsible for 

16 the operation of an automated commercial 

17 motor vehicle shall notify the Secretary of any 

18 material changes to the information previously 

19 provided pursuant to this subsection on an an20 nual basis, or on a more frequent basis speci21 fied by the Secretary. 

22 (C) AMENDMENT AND CORRECTION.—If a 

23 submitting entity responsible for the operation 

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1 suant to subsection (c), the submitting entity 

2 shall be given an opportunity to amend or cor3 rect the submission within a reasonable time4 frame to be established by the Secretary. 

5 (d) PUBLIC AVAILABILITY OF INFORMATION.— 

6 (1) IN GENERAL.—The Secretary shall make 

7 available on a publicly accessible website of the De8 partment of Transportation the following informa9 tion on automated commercial motor vehicles: 

10 (A) The prevalence of planned operations 

11 of such vehicles. 

12 (B) The characteristics of such operations. 

13 (C) The geographic location of such oper14 ations in a safe manner that reflects only the 

15 most significant public road or roads on which 

16 the majority of the route takes place, as deter17 mined appropriate by the Secretary. 

18 (2) PROTECTION OF INFORMATION.—Any data 

19 collected under subsection (c) and made publicly 

20 available pursuant to this subsection shall be made 

21 available in a manner that— 

22 (A) precludes the connection of the data to 

23 any individual motor carrier, shipper, company, 

24 vehicle manufacturer, or other submitting entity 

25 submitting data; 


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1 (B) protects the safety, privacy, and con2 fidentiality of individuals, operators, and sub3 mitting entities submitting the data; and 

4 (C) protects from disclosing— 

5 (i) trade secrets; and 

6 (ii) information obtained from a sub7 mitting entity that is commercial or finan8 cial and privileged or confidential, in ac9 cordance with section 552(b)(4) of title 5, 

10 United States Code. 

11 (e) CRASH DATA.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary 

14 shall require submitting entities to submit informa15 tion regarding collisions which occur during the op16 eration of an automated commercial motor vehicle 

17 on public roads while the vehicle’s automated driving 

18 system is engaged, including— 

19 (A) fatalities or bodily injury to persons 

20 who, as a result of the injury, immediately re21 ceive medical treatment away from the scene of 

22 a collision involving the automated commercial 

23 motor vehicle; 

24 (B) collisions or damage to property in25 volving an automated commercial motor vehicle 


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1 that results in an automated commercial motor 

2 vehicle or a motor vehicle being transported 

3 away from the scene by a tow truck or other 

4 motor vehicle; 

5 (C) a full description of how the collision 

6 or damage to property occurred, including, if 

7 applicable, the role of the automated driving 

8 system; and 

9 (D) the mode of transportation used by 

10 any road users involved in the collision, includ11 ing general road users, as such term is defined 

12 under section 5304 of this Act. 

13 (2) DATA AVAILABILITY.—The Secretary shall 

14 ensure that any submitting entity submitting infor15 mation under this subsection that has a Department 

16 of Transportation number or operating authority 

17 from the Federal Motor Carrier Safety Administra18 tion— 

19 (A) shall be subject to safety monitoring 

20 and oversight under the Compliance, Safety, 

21 and Accountability program of the Federal 

22 Motor Carrier Safety Administration; and 

23 (B) shall be included when the Secretary 

24 restores the public availability of relevant safety 


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1 data under such program under section 4202(b) 

2 of this Act. 

3 (3) RULEMAKING.— 

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

5 after the date of enactment of this Act, the Sec6 retary shall initiate a rulemaking to define the 

7 term ‘‘safety incident’’, including collisions, with 

8 respect to automated commercial motor vehicle 

9 safety. 

10 (B) UPDATE.—Notwithstanding paragraph 

11 (1), the Secretary shall carry out this sub12 section to require submitting entities to submit 

13 information regarding safety incidents instead 

14 of collisions upon issuing a final rule under sub15 paragraph (A). 

16 (C) VOLUNTARY REPORTING.— 

17 (i) IN GENERAL.—To support the 

18 rulemaking under this paragraph, the Sec19 retary shall establish a mechanism through 

20 which entities may voluntarily report safety 

21 data or other information regarding auto22 mated commercial motor vehicles. 

23 (ii) USE OF DATA.—The data col24 lected under this subparagraph may only 


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1 be used to support the rulemaking under 

2 this paragraph. 

3 (iii) PROTECTION FROM DISCLO4 SURE.—Data or other information sub5 mitted under this subparagraph— 

6 (I) shall not be made publicly 

7 available; and 

8 (II) shall not be disclosed to the 

9 public by the Secretary pursuant to 

10 section 552(b)(4) of title 5, United 

11 States Code, if the data or other in12 formation is submitted to the Sec13 retary voluntarily and is not required 

14 to be submitted to the Secretary 

15 under any other provision of law. 

16 (f) DEFINITIONS.—In this section: 

17 (1) AUTOMATED COMMERCIAL MOTOR VEHI18 CLE.—The term ‘‘Automated commercial motor ve19 hicle’’ means a commercial motor vehicle (as such 

20 term is defined in section 31132 of title 49, United 

21 States Code) that is designed to be operated by a 

22 level 3 or level 4 automated driving system for trips 

23 within its operational design domain or a level 5 

24 automated driving system for all trips according to 

25 the recommended taxonomy published in April 2021, 


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1 by the Society of Automotive Engineers Inter2 national (J3016l202104) or, when adopted, equiv3 alent standards established by the Secretary under 

4 chapter 301 of title 49, United States Code, with re5 spect to automated motor vehicles. 

6 (2) BROKER.—The term ‘‘broker’’ has the 

7 meaning given such term under section 13102 of 

8 title 49, United States Code. 

9 (3) EMPLOYER.—The term ‘‘employer’’ has the 

10 meaning given such term under section 31132 of 

11 title 49, United States Code. 

12 (4) FREIGHT FORWARDER.—The term ‘‘freight 

13 forwarder’’ has the meaning given such term in sec14 tion 13102 of title 49, United States Code. 

15 (5) MOTOR CARRIER.—The term ‘‘motor car16 rier’’ has the meaning given such term in section 

17 13102 of title 49, United States Code. 

18 (6) SUBMITTING ENTITY.—The term ‘‘submit19 ting entity’’ means either— 

20 (A) a motor carrier; or 

21 (B) a technology company that is carrying 

22 out motor carrier-related operations in inter23 state commerce on public roads or an employer 

24 thereof, such as a motor carrier, freight for25 warder, or broker. 


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1 (7) TRUCK PLATOONING.—The term ‘‘truck 

2 platooning’’ means a series of commercial motor ve3 hicles traveling in a unified manner with electroni4 cally coordinated braking, acceleration, and steering 

5 with a driver in the lead commercial motor vehicle. 

6 (g) DUPLICATIVE REPORTING.— 

7 (1) IN GENERAL.—The Secretary may not re8 quire duplicative reporting. 

9 (2) JOINT SUBMISSIONS.—Submitting entities 

10 working in partnership on the same automated com11 mercial motor vehicle operational trips shall make 1 

12 submission of the information required under this 

13 section for each general route, as determined appro14 priate by the Secretary. 

15 (3) INFORMATION.—In developing the reporting 

16 process required under subsection (c), the Secretary 

17 shall ensure, to the extent practicable, that submit18 ting entities are not required to submit information 

19 previously reported to the Secretary under chapters 

20 139 or 311 of title 49, United States Code. 

21 (h) SAVINGS PROVISION.—Nothing in this section 

22 shall add to or detract from any existing— 

23 (1) enforcement authority of the Department of 

24 Transportation; or 


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1 (2) authority to operate automated commercial 

2 motor vehicles in interstate commerce on public 

3 roads. 

4 (i) PENALTIES.—An entity that violates any provi5 sion of this section shall be subject to civil penalties under 

6 section 521(b)(2)(B), of title 49, United States Code, and 

7 criminal penalties under section 521(b)(6)(A) of such title, 

8 and any other applicable civil and criminal penalties, as 

9 determined by the Secretary. 

10 (j) TREATMENT.—In carrying out this section, the 

11 Secretary shall treat truck platooning operations the same 

12 as automated commercial motor vehicles. 

13 Subtitle D—Surface Transportation 

14 Funding Pilot Programs 

15 SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM 

16 FUNDING PILOTS. 

17 Section 6020 of the FAST Act (23 U.S.C. 503 note) 

18 is amended— 

19 (1) by striking subsection (b) and inserting the 

20 following: 

21 ‘‘(b) ELIGIBILITY.— 

22 ‘‘(1) APPLICATION.—To be eligible for a grant 

23 under this section, a State or group of States shall 

24 submit to the Secretary an application in such form 


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1 and containing such information as the Secretary 

2 may require. 

3 ‘‘(2) ELIGIBLE PROJECTS.—The Secretary may 

4 provide grants to States or a group of States under 

5 this section for the following projects: 

6 ‘‘(A) STATE PILOT PROJECTS.— 

7 ‘‘(i) IN GENERAL.—A pilot project to 

8 demonstrate a user-based alternative rev9 enue mechanism in a State. 

10 ‘‘(ii) LIMITATION.—If an applicant 

11 has previously been awarded a grant under 

12 this section, such applicant’s proposed pilot 

13 project must be comprised of core activities 

14 or iterations not substantially similar in 

15 manner or scope to activities previously 

16 carried out by the applicant with a grant 

17 for a project under this section. 

18 ‘‘(B) STATE IMPLEMENTATION

19 PROJECTS.—A project— 

20 ‘‘(i) to implement a user-based alter21 native revenue mechanism that collects rev22 enue to be expended on projects for the 

23 surface transportation system of the State; 

24 or 


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1 ‘‘(ii) that demonstrates progress to2 wards implementation of a user-based al3 ternative revenue mechanism, with consid4 eration for previous grants awarded to the 

5 applicant under this section.’’; 

6 (2) in subsection (c)— 

7 (A) in paragraph (1) by striking ‘‘2 or 

8 more future’’; and 

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

10 ‘‘(6) To test solutions to ensure the privacy and 

11 security of data collected for the purpose of imple12 menting a user-based alternative revenue mecha13 nism.’’; 

14 (3) in subsection (d) by striking ‘‘to test the de15 sign, acceptance, and implementation of a user16 based alternative revenue mechanism’’ and inserting 

17 ‘‘to test the design and acceptance of, or implement, 

18 a user-based alternative revenue mechanism’’; 

19 (4) in subsection (g) by striking ‘‘50 percent’’ 

20 and inserting ‘‘80 percent’’; 

21 (5) in subsection (i) by inserting ‘‘and con22 taining a determination of the characteristics of the 

23 most successful mechanisms with the highest poten24 tial for future widespread deployment’’ before the 

25 period at the end; and 


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1 (6) by striking subsections (j) and (k) and in2 serting the following: 

3 ‘‘(j) FUNDING.—Of amounts made available to carry 

4 out this section— 

5 ‘‘(1) for fiscal year 2023, $17,500,000 shall be 

6 used to carry out projects under subsection 

7 (b)(2)(A) and $17,500,000 shall be used to carry 

8 out projects under subsection (b)(2)(B); 

9 ‘‘(2) for fiscal year 2024, $15,000,000 shall be 

10 used to carry out projects under subsection 

11 (b)(2)(A) and $20,000,000 shall be used to carry 

12 out projects under subsection (b)(2)(B); 

13 ‘‘(3) for fiscal year 2025, $12,500,000 shall be 

14 used to carry out projects under subsection 

15 (b)(2)(A) and $22,500,000 shall be used to carry 

16 out projects under subsection (b)(2)(B); and 

17 ‘‘(4) for fiscal year 2026, $10,000,000 shall be 

18 used to carry out projects under subsection 

19 (b)(2)(A) and $25,000,000 shall be used to carry 

20 out projects under subsection (b)(2)(B). 

21 ‘‘(k) FUNDING FLEXIBILITY.—Funds made available 

22 in a fiscal year for making grants for projects under sub23 section (b)(2) that are not obligated in such fiscal year 

24 may be made available in the following fiscal year for 

25 projects under such subsection or for the national surface 


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1 transportation system funding pilot under section 5402 of 

2 the INVEST in America Act.’’. 

3 SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM 

4 FUNDING PILOT. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—The Secretary of Transpor7 tation, in coordination with the Secretary of the 

8 Treasury, shall establish a pilot program to dem9 onstrate a national motor vehicle per-mile user fee to 

10 restore and maintain the long-term solvency of the 

11 Highway Trust Fund and achieve and maintain a 

12 state of good repair in the surface transportation 

13 system. 

14 (2) OBJECTIVES.—The objectives of the pilot 

15 program are to— 

16 (A) test the design, acceptance, implemen17 tation, and financial sustainability of a national 

18 per-mile user fee; 

19 (B) address the need for additional rev20 enue for surface transportation infrastructure 

21 and a national per-mile user fee; and 

22 (C) provide recommendations regarding 

23 adoption and implementation of a national per24 mile user fee. 


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1 (b) PARAMETERS.—In carrying out the pilot program 

2 established under subsection (a), the Secretary of Trans3 portation, in coordination with the Secretary of the Treas4 ury, shall— 

5 (1) provide different methods that volunteer 

6 participants can choose from to track motor vehicle 

7 miles traveled; 

8 (2) solicit volunteer participants from all 50 

9 States and the District of Columbia; 

10 (3) ensure an equitable geographic distribution 

11 by population among volunteer participants; 

12 (4) include commercial vehicles and passenger 

13 motor vehicles in the pilot program; and 

14 (5) use components of, and information from, 

15 the States selected for the State surface transpor16 tation system funding pilot program under section 

17 6020 of the FAST Act (23 U.S.C. 503 note). 

18 (c) METHODS.— 

19 (1) TOOLS.—In selecting the methods described 

20 in subsection (b)(1), the Secretary of Transportation 

21 shall coordinate with entities that voluntarily provide 

22 to the Secretary for use in the program any vehicle23 miles-traveled collection tools, which may include the 

24 following: 


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1 (A) Third-party on-board diagnostic 

2 (OBD–II) devices. 

3 (B) Smart phone applications. 

4 (C) Telemetric data collected by auto5 makers. 

6 (D) Motor vehicle data obtained by car in7 surance companies. 

8 (E) Data from the States selected for the 

9 State surface transportation system funding 

10 pilot program under section 6020 of the FAST 

11 Act (23 U.S.C. 503 note). 

12 (F) Motor vehicle data obtained from fuel13 ing stations, electric vehicle charging infrastruc14 ture, or alternative fueling infrastructure. 

15 (G) Any other method that the Secretary 

16 considers appropriate. 

17 (2) COORDINATION.— 

18 (A) SELECTION.—The Secretary shall de19 termine which methods under paragraph (1) are 

20 selected for the pilot program. 

21 (B) VOLUNTEER PARTICIPANTS.—In a 

22 manner that the Secretary considers appro23 priate, the Secretary shall provide each selected 

24 method to each volunteer participant. 


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1 (d) PER-MILE USER FEES.—For the purposes of the 

2 pilot program established in subsection (a), the Secretary 

3 of the Treasury shall establish on an annual basis— 

4 (1) for passenger vehicles and light trucks, a 

5 per-mile user fee that is equivalent to— 

6 (A) the average annual taxes imposed by 

7 sections 4041 and 4081 of the Internal Rev8 enue Code of 1986 with respect to gasoline or 

9 any other fuel used in a motor vehicle (other 

10 than aviation gasoline or diesel fuel), divided by 

11 (B) the total vehicle miles traveled by pas12 senger vehicles and light trucks; and 

13 (2) for medium- and heavy-duty trucks, a per14 mile user fee that is equivalent to— 

15 (A) the average annual taxes imposed by 

16 sections 4041 and 4081 of such Code with re17 spect to diesel fuel, divided by 

18 (B) the total vehicle miles traveled by 

19 medium- and heavy-duty trucks. 

20 Taxes shall only be taken into account under the 

21 preceding sentence to the extent taken into account 

22 in determining appropriations to the Highway Trust 

23 Fund under section 9503(b) of such Code, and the 

24 amount so determined shall be reduced to account 


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1 for transfers from such fund under paragraphs (3), 

2 (4), and (5) of section 9503(c) of such Code. 

3 (e) VOLUNTEER PARTICIPANTS.—The Secretary of 

4 Transportation, in coordination with the Secretary of the 

5 Treasury, shall— 

6 (1) ensure, to the extent practicable, that an 

7 appropriate number of volunteer participants partici8 pate in the pilot program; and 

9 (2) issue policies to— 

10 (A) protect the privacy of volunteer partici11 pants; and 

12 (B) secure the data provided by volunteer 

13 participants. 

14 (f) ADVISORY BOARD.— 

15 (1) IN GENERAL.—The Secretary shall establish 

16 an advisory board to advise the Secretary on— 

17 (A) advancing and implementing the pilot 

18 program under this section; 

19 (B) carrying out the public awareness cam20 paign under subsection (g); and 

21 (C) developing the report under subsection 

22 (m). 

23 (2) MEMBERS.—The advisory board shall, at a 

24 minimum, include the following entities, to be ap25 pointed by the Secretary— 


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1 (A) State departments of transportation; 

2 (B) any public or nonprofit entity that led 

3 a surface transportation system funding alter4 natives pilot project under section 6020 of the 

5 FAST Act (23 U.S.C. 503 note; Public Law 

6 114–94) (as in effect on the day before the date 

7 of enactment of this Act); 

8 (C) representatives of the trucking indus9 try, including owner-operator independent driv10 ers; 

11 (D) data security experts with expertise in 

12 personal privacy; 

13 (E) academic experts on surface transpor14 tation; 

15 (F) consumer advocates; and 

16 (G) advocacy groups focused on equity. 

17 (g) PUBLIC AWARENESS CAMPAIGN.— 

18 (1) IN GENERAL.—The Secretary of Transpor19 tation, with guidance from the advisory board under 

20 subsection (f), may carry out a public awareness 

21 campaign to increase public awareness regarding a 

22 national per-mile user fee, including distributing in23 formation related to the pilot program carried out 

24 under this section, information from the State sur25 face transportation system funding pilot program 


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1 under section 6020 of the FAST Act (23 U.S.C. 503 

2 note), and information related to consumer privacy. 

3 (2) CONSIDERATIONS.—In carrying out the 

4 public awareness campaign under this subsection, 

5 the Secretary shall consider issues unique to each 

6 State. 

7 (h) REVENUE COLLECTION.—The Secretary of the 

8 Treasury, in coordination with the Secretary of Transpor9 tation, shall establish a mechanism to collect per-mile user 

10 fees established under subsection (d) from volunteer par11 ticipants. Such mechanism— 

12 (1) may be adjusted as needed to address tech13 nical challenges; and 

14 (2) may allow third-party vendors to collect the 

15 per-mile user fees and forward such fees to the 

16 Treasury. 

17 (i) AGREEMENT.—The Secretary of Transportation 

18 may enter into an agreement with a volunteer participant 

19 or an owner of data or technologies, as describe under 

20 paragraph (c)(1) containing such terms and conditions as 

21 the Secretary considers necessary for participation in the 

22 pilot program. 

23 (j) LIMITATION.—Any revenue collected through the 

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1 sidered a toll under section 301 of title 23, United States 

2 Code. 

3 (k) HIGHWAY TRUST FUND.—The Secretary of the 

4 Treasury shall ensure that any revenue collected under 

5 subsection (h) is deposited into the Highway Trust Fund. 

6 (l) REFUND.—Not more than 45 days after the end 

7 of each calendar quarter in which a volunteer participant 

8 has participated in the pilot program, the Secretary of the 

9 Treasury shall calculate and issue an equivalent refund 

10 to volunteer participants for applicable Federal motor fuel 

11 taxes under section 4041 and section 4081 of the Internal 

12 Revenue Code of 1986, the applicable battery tax under 

13 section 4111 of such Code, or both, if applicable. 

14 (m) REPORT TO CONGRESS.—Not later than 1 year 

15 after the date on which volunteer participants begin par16 ticipating in the pilot program, and each year thereafter 

17 for the duration of the pilot program, the Secretary of 

18 Transportation and the Secretary of the Treasury shall 

19 submit to the Committee on Transportation and Infra20 structure of the House of Representatives and the Com21 mittee on Environment and Public Works of the Senate 

22 a report that includes an analysis of— 

23 (1) whether the objectives described in sub24 section (a)(2) were achieved; 


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1 (2) how volunteer protections in subsection 

2 (e)(2) were complied with; 

3 (3) whether per-mile user fees can maintain the 

4 long-term solvency of the Highway Trust Fund and 

5 achieve and maintain a state of good repair in the 

6 surface transportation system; 

7 (4) how the personal privacy of volunteers was 

8 maintained; and 

9 (5) equity effects of the pilot program, includ10 ing the effects of the program on low-income com11 muters. 

12 (n) INFORMATION COLLECTION.—Any survey, ques13 tionnaire, or interview that the Secretary determines to 

14 be necessary to carry out reporting requirements relating 

15 to any program assessment or evaluation activity under 

16 this section, including customer satisfaction assessments, 

17 shall not be subject to chapter 35 of title 44, United 

18 States Code (commonly known as the ‘‘Paperwork Reduc19 tion Act’’). 

20 (o) SUNSET.—The pilot program established under 

21 this section shall expire on the date that is 4 years after 

22 the date on which volunteer participants begin partici23 pating in such program. 

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


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1 (1) COMMERCIAL VEHICLE.—The term ‘‘com2 mercial vehicle’’ has the meaning given the term 

3 commercial motor vehicle in section 31101 of title 

4 49, United States Code. 

5 (2) HIGHWAY TRUST FUND.—The term ‘‘High6 way Trust Fund’’ means the Highway Trust Fund 

7 established under section 9503 of the Internal Rev8 enue Code of 1986. 

9 (3) LIGHT TRUCK.—The term ‘‘light truck’’ has 

10 the meaning given the term in section 523.2 of title 

11 49, Code of Federal Regulations. 

12 (4) MEDIUM- AND HEAVY-DUTY TRUCK.—The 

13 term ‘‘medium- and heavy-duty truck’’ has the 

14 meaning given the term ‘‘commercial medium- and 

15 heavy-duty on-highway vehicle’’ in section 32901(a) 

16 of title 49, United States Code. 

17 (5) PER-MILE USER FEE.—The term ‘‘per-mile 

18 user fee’’ means a revenue mechanism that— 

19 (A) is applied to road users operating 

20 motor vehicles on the surface transportation 

21 system; and 

22 (B) is based on the number of vehicle miles 

23 traveled by an individual road user. 

24 (6) VOLUNTEER PARTICIPANT.—The term ‘‘vol25 unteer participant’’ means— 


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1 (A) an owner or lessee of an individual pri2 vate motor vehicle who volunteers to participate 

3 in the pilot program; 

4 (B) a commercial vehicle operator who vol5 unteers to participate in the pilot program; or 

6 (C) an owner of a motor vehicle fleet who 

7 volunteers to participate in the pilot program. 

8 Subtitle E—Miscellaneous 

9 SEC. 5501. ERGONOMIC SEATING WORKING GROUP. 

10 (a) IN GENERAL.— 

11 (1) ESTABLISHMENT.—Not later than 180 days 

12 after the date of enactment of this Act, the Sec13 retary of Transportation shall convene a working 

14 group to examine the seating standards for commer15 cial drivers. 

16 (2) MEMBERS.—At a minimum, the working 

17 group shall include— 

18 (A) seat manufacturers; 

19 (B) commercial vehicle manufacturers; 

20 (C) transit vehicle manufacturers; 

21 (D) labor representatives for the trucking 

22 industry; 

23 (E) representatives from organizations en24 gaged in collective bargaining on behalf of tran25 sit workers in not fewer than three States; and 


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1 (F) musculoskeletal health experts. 

2 (b) OBJECTIVES.—The Secretary shall pursue the 

3 following objectives through the working group: 

4 (1) To identify health issues, including mus5 culoskeletal health issues, that afflict commercial 

6 drivers due to sitting for long periods of time while 

7 on duty. 

8 (2) To identify the impact that commercial ve9 hicle sizing, design, and safety measures have on 

10 women in comparison to men, and to identify de11 signs that may improve the health and safety of 

12 women drivers. 

13 (3) To identify research topics for further devel14 opment and best practices to improve seating. 

15 (4) To determine ways to incorporate improved 

16 seating into manufacturing standards for public 

17 transit vehicles and commercial vehicles. 

18 (c) REPORT.— 

19 (1) SUBMISSION.—Not later than 18 months 

20 after the date of enactment of this Act, the working 

21 group shall submit to the Secretary, the Committee 

22 on Transportation and Infrastructure of the House 

23 of Representatives, and the Committee on Banking, 

24 Housing, and Urban Affairs and the Committee on 

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1 ate a report on the findings of the working group 

2 under this section and any recommendations for the 

3 adoption of better ergonomic seating for commercial 

4 drivers. 

5 (2) PUBLICATION.—Upon receipt of the report 

6 in paragraph (1), the Secretary shall publish the re7 port on a publicly accessible website of the Depart8 ment. 

9 (d) APPLICABILITY OF FEDERAL ADVISORY COM10 MITTEE ACT.—The Advisory Committee shall be subject 

11 to the Federal Advisory Committee Act (5 U.S.C. App.). 

12 SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED 

13 STATES CODE. 

14 (a) IN GENERAL.—Section 6314 of title 49, United 

15 States Code, is repealed. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) TITLE ANALYSIS.—The analysis for chapter 

18 63 of title 49, United States Code, is amended by 

19 striking the item relating to section 6314. 

20 (2) SECTION 6307.—Section 6307(b) of title 49, 

21 United States Code, is amended— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (A) by striking 

24 ‘‘or section 6314(b)’’; 


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1 (ii) in subparagraph (B) by striking 

2 ‘‘or section 6314(b)’’; and 

3 (iii) in subparagraph (C) by striking 

4 ‘‘or section 6314(b)’’; and 

5 (B) in paragraph (2)(A) by striking ‘‘or 

6 section 6314(b)’’. 

7 SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH 

8 PROGRAM. 

9 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

10 49, United States Code, is further amended by adding at 

11 the end the following: 

12 ‘‘§ 5508. Transportation workforce outreach program 

13 ‘‘(a) IN GENERAL.—The Secretary shall establish 

14 and administer a transportation workforce outreach pro15 gram that carries out a series of public service announce16 ment campaigns during fiscal years 2023 through 2026. 

17 ‘‘(b) PURPOSE.—The purpose of each campaign car18 ried out under the program shall be to achieve the fol19 lowing objectives: 

20 ‘‘(1) Increase awareness of career opportunities 

21 in the transportation sector, including aviation pi22 lots, safety inspectors, mechanics and technicians, 

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1 sit workers, railroad workers, and other transpor2 tation professionals. 

3 ‘‘(2) Increase diversity, including race, gender, 

4 ethnicity, and socioeconomic status, of professionals 

5 in the transportation sector. 

6 ‘‘(c) ADVERTISING.—The Secretary may use, or au7 thorize the use of, funds available to carry out the pro8 gram for the development, production, and use of broad9 cast, digital, and print media advertising and outreach in 

10 carrying out campaigns under this section. 

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

12 carry out this section, there are authorized to be appro13 priated $5,000,000 for each fiscal years 2023 through 

14 2026.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 55 of subchapter I of title 49, United States 

17 Code, is further amended by inserting after the item relat18 ing to section 5507, as added by this Act, the following: 

‘‘5508. Transportation workforce outreach program.’’. 

19 SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STA20 TISTICS. 

21 Section 6305 of title 49, United States Code, is 

22 amended— 

23 (1) in subsection (a), by striking ‘‘The Direc24 tor’’ and all that follows to the period and inserting 

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1 ization Act of 2018 (Public Law 115–254), not later 

2 than 6 months after the date of enactment of the 

3 INVEST in America Act, the Director shall estab4 lish and consult with an advisory council on trans5 portation statistics.’’; and 

6 (2) by striking subsection (d)(3). 

7 SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PRO8 GRAMS. 

9 (a) IN GENERAL.—Not later than 2 years after the 

10 date of enactment of this Act, the Comptroller General 

11 of the United States shall submit to the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on Environment and Pub14 lic Works, the Committee on Banking, Housing, and 

15 Urban Affairs, and the Committee on Commerce, Science, 

16 and Transportation of the Senate a review of the extent 

17 to which the Secretary is considering the needs of and 

18 awarding funding through covered discretionary grant 

19 programs to projects that serve— 

20 (1) low-income communities; 

21 (2) minority communities; and 

22 (3) populations that are underserved or have 

23 limited transportation choices. 

24 (b) RECOMMENDATIONS.—The Comptroller General 

25 shall include as part of the review under subsection (a) 


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1 recommendations to the Secretary on possible means to 

2 improve consideration of projects that serve the unique 

3 needs of communities described in subsection (a)(1). 

4 (c) DEFINITION OF COVERED DISCRETIONARY

5 GRANT PROGRAM.—For purposes of this section, the term 

6 ‘‘covered discretionary grant programs’’ means the 

7 Projects of National and Regional Significance program 

8 under section 117 of title 23, the Community Transpor9 tation Investment Grant program under section 173 of 

10 such title, and the Community Climate Innovation Grant 

11 program under section 172 of such title. 

12 TITLE VI—MULTIMODAL 

13 TRANSPORTATION 

14 SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY. 

15 Section 70101(b) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (2) by inserting ‘‘in rural and 

18 urban areas’’ after ‘‘freight transportation’’; 

19 (2) in paragraph (7)— 

20 (A) in subparagraph (B) by striking ‘‘; 

21 and’’ and inserting a semicolon; 

22 (B) by redesignating subparagraph (C) as 

23 subparagraph (D); and 

24 (C) by inserting after subparagraph (B) 

25 the following: 


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1 ‘‘(C) travel within population centers; 

2 and’’; 

3 (3) in paragraph (9) by striking ‘‘; and’’ and in4 serting the following: ‘‘including— 

5 ‘‘(A) greenhouse gas emissions; 

6 ‘‘(B) local air pollution; 

7 ‘‘(C) minimizing, capturing, or treating 

8 stormwater runoff or other adverse impacts to 

9 water quality; and 

10 ‘‘(D) wildlife habitat loss;’’; 

11 (4) by redesignating paragraph (10) as para12 graph (11); and 

13 (5) by inserting after paragraph (9) the fol14 lowing: 

15 ‘‘(10) to decrease any adverse impact of freight 

16 transportation on communities located near freight 

17 facilities or freight corridors; and’’. 

18 SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN. 

19 Section 70102(c) of title 49, United States Code, is 

20 amended by striking ‘‘shall’’ and all that follows through 

21 the end and inserting the following: ‘‘shall— 

22 ‘‘(1) update the plan and publish the updated 

23 plan on the public website of the Department of 

24 Transportation; and 


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1 ‘‘(2) include in the update described in para2 graph (1)— 

3 ‘‘(A) each item described in subsection (b); 

4 and 

5 ‘‘(B) best practices to reduce the adverse 

6 environmental impacts of freight-related— 

7 ‘‘(i) greenhouse gas emissions; 

8 ‘‘(ii) local air pollution; 

9 ‘‘(iii) stormwater runoff or other ad10 verse impacts to water quality; and 

11 ‘‘(iv) wildlife habitat loss.’’. 

12 SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK. 

13 Section 70103 of title 49, United States Code, is 

14 amended— 

15 (1) in subsection (b)(2)(C) by striking ‘‘of the 

16 United States that have’’ and inserting the fol17 lowing: ‘‘of the United States that— 

18 ‘‘(i) have a total annual value of cargo 

19 of at least $1,000,000,000, as identified by 

20 United States Customs and Border Protec21 tion and reported by the Bureau of the 

22 Census; or 

23 ‘‘(ii) have’’; and 

24 (2) in subsection (c)— 


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1 (A) in paragraph (1) by striking ‘‘Not 

2 later than 1 year after the date of enactment of 

3 this section,’’ and inserting the following: 

4 ‘‘(A) REPORT TO CONGRESS.—Not later 

5 than 30 days after the date of enactment of the 

6 INVEST in America Act, the Secretary shall 

7 submit to the Committee on Transportation and 

8 Infrastructure of the House of Representatives 

9 and the Committee on Commerce, Science, and 

10 Transportation of the Senate a report detailing 

11 a plan to designate a final National Multimodal 

12 Freight Network, including a detailed summary 

13 of the resources within the Office of the Sec14 retary that will be dedicated to carrying out 

15 such plan. 

16 ‘‘(B) DESIGNATION OF NATIONAL

17 MULTIMODAL FREIGHT NETWORK.—Not later 

18 than 60 days after the submission of the report 

19 described in subparagraph (A),’’; 

20 (B) in paragraph (3)(C)— 

21 (i) by inserting ‘‘and metropolitan 

22 planning organizations’’ after ‘‘States’’; 

23 and 

24 (ii) by striking ‘‘paragraph (4)’’ and 

25 inserting ‘‘paragraphs (4) and (5)’’; 


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1 (C) in paragraph (4)— 

2 (i) in the header by inserting ‘‘AND

3 METROPOLITAN PLANNING ORGANIZATION’’ 

4 after ‘‘STATE’’; 

5 (ii) by redesignating subparagraph 

6 (D) as subparagraph (E); and 

7 (iii) by striking subparagraph (C) and 

8 inserting the following: 

9 ‘‘(C) CRITICAL URBAN FREIGHT FACILI10 TIES AND CORRIDORS.— 

11 ‘‘(i) AREA WITH A POPULATION OF

12 OVER 500,000.—In an urbanized area with 

13 a population of 500,000 or more individ14 uals, the representative metropolitan plan15 ning organization, in consultation with the 

16 State, may designate a freight facility or 

17 corridor within the borders of the State as 

18 a critical urban freight facility or corridor. 

19 ‘‘(ii) AREA WITH A POPULATION OF

20 LESS THAN 500,000.—In an urbanized area 

21 with a population of less than 500,000 in22 dividuals, the State, in consultation with 

23 the representative metropolitan planning 

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1 ity or corridor within the borders of the 

2 State as a critical urban freight corridor. 

3 ‘‘(iii) DESIGNATION.—A designation 

4 may be made under subparagraph (i) or 

5 (ii) if the facility or corridor is in an ur6 banized area, regardless of population, and 

7 such facility or corridor— 

8 ‘‘(I) provides access to the pri9 mary highway freight system, the 

10 Interstate system, or an intermodal 

11 freight facility; 

12 ‘‘(II) is located within a corridor 

13 of a route on the primary highway 

14 freight system and provides an alter15 native option important to goods 

16 movement; 

17 ‘‘(III) serves a major freight gen18 erator, logistics center, or manufac19 turing and warehouse industrial land; 

20 ‘‘(IV) connects to an inter21 national port of entry; 

22 ‘‘(V) provides access to a signifi23 cant air, rail, water, or other freight 

24 facility in the State; or 


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1 ‘‘(VI) is important to the move2 ment of freight within the region, as 

3 determined by the metropolitan plan4 ning organization or the State. 

5 ‘‘(D) LIMITATION.—A State may propose 

6 additional designations to the National 

7 Multimodal Freight Network in the State in an 

8 amount that is— 

9 ‘‘(i) for a highway project, not more 

10 than 20 percent of the total mileage des11 ignated by the Under Secretary in the 

12 State; and 

13 ‘‘(ii) for a non-highway project, using 

14 a limitation determined by the Under Sec15 retary.’’; and 

16 (D) by adding at the end the following: 

17 ‘‘(5) REQUIRED NETWORK COMPONENTS.—In 

18 designating or redesignating the National 

19 Multimodal Freight Network, the Under Secretary 

20 shall ensure that the National Multimodal Freight 

21 Network includes the components described in sub22 section (b)(2).’’. 

23 SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES. 

24 Section 70201(a) of title 49, United States Code, is 

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1 ing ‘‘local governments, metropolitan planning organiza2 tions, and the departments with responsibility for environ3 mental protection and air quality of the State’’. 

4 SEC. 6005. STATE FREIGHT PLANS. 

5 Section 70202(b) of title 49, United States Code, is 

6 amended— 

7 (1) in paragraph (3)(A) by inserting ‘‘and 

8 urban’’ after ‘‘rural’’; 

9 (2) in paragraph (9) by striking ‘‘; and’’ and in10 serting a semicolon; 

11 (3) by redesignating paragraph (10) as para12 graph (12); and 

13 (4) by inserting after paragraph (9) the fol14 lowing: 

15 ‘‘(10) strategies and goals to decrease freight16 related— 

17 ‘‘(A) greenhouse gas emissions; 

18 ‘‘(B) local air pollution; 

19 ‘‘(C) stormwater runoff or other adverse 

20 impacts to water quality; and 

21 ‘‘(D) wildlife habitat loss; 

22 ‘‘(11) strategies and goals to decrease any ad23 verse impact of freight transportation on commu24 nities located near freight facilities or freight cor25 ridors; and’’. 


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1 SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE. 

2 (a) STUDY.—Not later than 90 days after the date 

3 of enactment of this Act, the Secretary of Transportation, 

4 in consultation with the Secretary of the Treasury and the 

5 Commissioner of the Internal Revenue Service, shall es6 tablish a joint task force to study the establishment and 

7 administration of a fee on multimodal freight surface 

8 transportation services. 

9 (b) CONTENTS.—The study required under sub10 section (a) shall include the following: 

11 (1) An estimation of the revenue that a fee of 

12 up to 1 percent on freight transportation services 

13 would raise. 

14 (2) An identification of the entities that would 

15 be subject to such a fee paid by the owners or sup16 pliers of cargo. 

17 (3) An analysis of the administrative capacity 

18 of Federal agencies and freight industry participants 

19 to collect such a fee and ensure compliance with fee 

20 requirements. 

21 (4) Policy options to prevent avoidance of such 

22 a fee, including diversion of freight services to for23 eign countries. 

24 (c) REPORT.—Not later than 1 year after the date 

25 of enactment of this Act, the Secretary of Transportation 

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1 frastructure and the Committee on Ways and Means of 

2 the House of Representatives and the Committee on Envi3 ronment and Public Works and the Committee on Finance 

4 of the Senate the study required under subsection (a). 

5 SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND IN6 NOVATIVE FINANCE BUREAU. 

7 Section 116 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (b) by striking paragraph (1) 

10 and inserting the following: 

11 ‘‘(1) to provide assistance and communicate 

12 best practices and financing and funding opportuni13 ties to eligible entities for the programs referred to 

14 in subsection (d)(1), including by— 

15 ‘‘(A) conducting proactive outreach to com16 munities located outside of metropolitan or 

17 micropolitan statistical areas (as such areas are 

18 defined by the Office of Management and 

19 Budget) using data from the most recent decen20 nial Census; and 

21 ‘‘(B) coordinating with the Office of Rural 

22 Development of the Department of Agriculture, 

23 the Office of Community Revitalization of the 

24 Environmental Protection Agency, and any 

25 other agencies that provide technical assistance 


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1 for rural communities, as determined by the 

2 Executive Director;’’; 

3 (2) by redesignating subsection (j) as sub4 section (k); and 

5 (3) by inserting after subsection (i) the fol6 lowing: 

7 ‘‘(j) ANNUAL PROGRESS REPORT.—Not later than 1 

8 year after the date of enactment of this subsection, and 

9 annually thereafter, the Executive Director shall submit 

10 to the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee on 

12 Environment and Public Works of the Senate a report de13 tailing— 

14 ‘‘(1) the use of funds authorized under section 

15 605(f) of title 23; and 

16 ‘‘(2) the progress of the Bureau in carrying out 

17 the purposes described in subsection (b).’’. 

18 TITLE VII—TRANSPORTATION 

19 INFRASTRUCTURE FINANCE 

20 AND INNOVATION ACT 

21 SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE 

22 AND INNOVATION ACT. 

23 (a) CREDITWORTHINESS.—Section 602(a)(2) of title 

24 23, United States Code, is amended— 

25 (1) in subparagraph (A)(iv)— 


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1 (A) by striking ‘‘a rating’’ and inserting 

2 ‘‘an investment grade rating’’; and 

3 (B) by striking ‘‘$75,000,000’’ and insert4 ing ‘‘$150,000,000’’; and 

5 (2) in subparagraph (B)— 

6 (A) by striking ‘‘the senior debt’’ and in7 serting ‘‘senior debt’’; and 

8 (B) by striking ‘‘credit instrument is for 

9 an amount less than $75,000,000’’ and insert10 ing ‘‘total amount of other senior debt and the 

11 Federal credit instrument is less than 

12 $150,000,000’’. 

13 (b) BUY AMERICA APPLICATION.—Section 602(c)(1) 

14 of title 23, United States Code, is amended by striking 

15 ‘‘of title 49’’ inserting ‘‘and section 22905(a) of title 49, 

16 subject to the requirements of section 5320(o) of title 

17 49,’’. 

18 (c) NON-FEDERAL SHARE.—Section 603(b) of title 

19 23, United States Code, is amended by striking paragraph 

20 (8) and inserting the following: 

21 ‘‘(8) NON-FEDERAL SHARE.—Notwithstanding 

22 paragraph (9) and section 117(j)(2), the proceeds of 

23 a secured loan under the TIFIA program shall be 

24 considered to be part of the non-Federal share of 

25 project costs required under this title or chapter 53 


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1 of title 49, if the loan is repayable from non-Federal 

2 funds.’’. 

3 (d) EXEMPTION OF FUNDS FROM TIFIA FEDERAL

4 SHARE REQUIREMENT.—Section 603(b)(9) of title 23, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘(C) TERRITORIES.—Funds provided for a 

8 territory under section 165(c) shall not be con9 sidered Federal assistance for purposes of sub10 paragraph (A).’’. 

11 (e) STREAMLINED APPLICATION PROCESS.—Section 

12 603(f) of title 23, United States Code, is amended by add13 ing at the end the following: 

14 ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DE15 CISIONS.— 

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

17 days after the date of enactment of this para18 graph, the Secretary shall implement an expe19 dited decision timeline for public agency bor20 rowers seeking secured loans that meet— 

21 ‘‘(i) the terms under paragraph (2); 

22 and 

23 ‘‘(ii) the additional criteria described 

24 in subparagraph (B). 


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1 ‘‘(B) ADDITIONAL CRITERIA.—The addi2 tional criteria referred to in subparagraph 

3 (A)(ii) are the following: 

4 ‘‘(i) The secured loan is made on 

5 terms and conditions that substantially 

6 conform to the conventional terms and 

7 conditions established by the National Sur8 face Transportation Innovative Finance 

9 Bureau. 

10 ‘‘(ii) The secured loan is rated in the 

11 A category or higher. 

12 ‘‘(iii) The TIFIA program share of el13 igible project costs is 33 percent or less. 

14 ‘‘(iv) The applicant demonstrates a 

15 reasonable expectation that the contracting 

16 process for the project can commence by 

17 not later than 90 days after the date on 

18 which a Federal credit instrument is obli19 gated for the project under the TIFIA pro20 gram. 

21 ‘‘(v) The project has received a cat22 egorical exclusion, a finding of no signifi23 cant impact, or a record of decision under 

24 the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.). 


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1 ‘‘(C) WRITTEN NOTICE.—The Secretary 

2 shall provide to an applicant seeking a secured 

3 loan under the expedited decision process under 

4 this paragraph a written notice informing the 

5 applicant whether the Secretary has approved 

6 or disapproved the application by not later than 

7 180 days after the date on which the Secretary 

8 submits to the applicant a letter indicating that 

9 the National Surface Transportation Innovative 

10 Finance Bureau has commenced the credit11 worthiness review of the project.’’. 

12 (f) ASSISTANCE TO SMALL PROJECTS.—Section 

13 605(f)(1) of title 23, United States Code, is amended by 

14 striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. 

15 (g) ADMINISTRATIVE FUNDS.—Section 608(a)(5) of 

16 title 23, United States Code, is amended by striking 

17 ‘‘$6,875,000’’ and all that follows through the period and 

18 inserting ‘‘2.5 percent for the administration of the TIFIA 

19 program.’’. 

20 (h) APPLICATION PROCESS REPORT.—Section 

21 609(b)(2)(A) of title 23, United States Code, is amend22 ed— 

23 (1) in clause (iv) by striking ‘‘and’’; 

24 (2) in clause (v) by striking the period at the 

25 end and inserting ‘‘; and’’; and 


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

2 ‘‘(vi) whether the project is located in 

3 a metropolitan statistical area, 

4 micropolitan statistical area, or neither (as 

5 such areas are defined by the Office of 

6 Management and Budget).’’. 

7 (i) STATUS REPORTS.—Section 609 of title 23, 

8 United States Code, is amended by adding at the end the 

9 following: 

10 ‘‘(c) STATUS REPORTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall publish 

12 on the website for the TIFIA program— 

13 ‘‘(A) on a monthly basis, a current status 

14 report on all submitted letters of interest and 

15 applications received for assistance under the 

16 TIFIA program; and 

17 ‘‘(B) on a quarterly basis, a current status 

18 report on all approved applications for assist19 ance under the TIFIA program. 

20 ‘‘(2) INCLUSIONS.—Each monthly and quar21 terly status report under paragraph (1) shall in22 clude, at a minimum, with respect to each project in23 cluded in the status report— 

24 ‘‘(A) the name of the party submitting the 

25 letter of interest or application; 


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1 ‘‘(B) the name of the project; 

2 ‘‘(C) the date on which the letter of inter3 est or application was received; 

4 ‘‘(D) the estimated project eligible costs; 

5 ‘‘(E) the type of credit assistance sought; 

6 and 

7 ‘‘(F) the anticipated fiscal year and quar8 ter for closing of the credit assistance.’’. 

9 DIVISION C—HAZARDOUS 

10 MATERIALS TRANSPORTATION 

11 SEC. 8001. SHORT TITLE. 

12 This division may be cited as the ‘‘Improving Haz13 ardous Materials Safety Act of 2021’’. 

14 TITLE I—AUTHORIZATIONS 

15 SEC. 8101. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 5128 of title 49, United States Code, is 

17 amended— 

18 (1) in subsection (a) by striking paragraphs (1) 

19 through (5) and inserting the following: 

20 ‘‘(1) $75,000,000 for fiscal year 2022; 

21 ‘‘(2) $70,000,000 for fiscal year 2023; 

22 ‘‘(3) $71,000,000 for fiscal year 2024; 

23 ‘‘(4) $73,000,000 for fiscal year 2025; and 

24 ‘‘(5) $74,000,000 for fiscal year 2026;’’; 

25 (2) in subsection (b)— 


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1 (A) by striking ‘‘fiscal years 2016 through 

2 2020’’ and inserting ‘‘fiscal years 2022 through 

3 2026’’; and 

4 (B) by striking ‘‘$21,988,000’’ and insert5 ing ‘‘$24,025,000’’; 

6 (3) in subsection (c) by striking ‘‘$4,000,000 

7 for each of fiscal years 2016 through 2020’’ and in8 serting ‘‘$5,000,000 for each of fiscal years 2022 

9 through 2026’’; 

10 (4) in subsection (d) by striking ‘‘$1,000,000 

11 for each of fiscal years 2016 through 2020’’ and in12 serting ‘‘$4,000,000 for each of fiscal years 2022 

13 through 2026’’; 

14 (5) by redesignating subsection (e) as sub15 section (f); and 

16 (6) by inserting after subsection (d) the fol17 lowing: 

18 ‘‘(e) ASSISTANCE WITH LOCAL EMERGENCY RE19 SPONDER TRAINING GRANTS.—From the Hazardous Ma20 terials Emergency Preparedness Fund established under 

21 section 5116(h), the Secretary may expend $1,800,000 for 

22 each of fiscal years 2022 through 2026 to carry out the 

23 grant program under section 5107(j).’’. 


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1 TITLE II—HAZARDOUS MATE2 RIALS SAFETY AND IMPROVE3 MENT 

4 SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED 

5 TO LITHIUM CELLS AND BATTERIES. 

6 (a) REPEAL.—Section 828 of the FAA Modernization 

7 and Reform Act of 2012 (49 U.S.C. 44701 note), and the 

8 item relating to such section in the table of contents in 

9 section 1(b) of such Act, are repealed. 

10 (b) CONFORMING AMENDMENTS.—Section 333 of the 

11 FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) 

12 is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘(A) IN GENERAL.—’’ 

16 and all that follows through ‘‘the Sec17 retary’’ and inserting ‘‘The Secretary’’; 

18 and 

19 (ii) by striking subparagraph (B); and 

20 (B) in paragraph (2) by striking ‘‘Pursu21 ant to section 828 of the FAA Modernization 

22 and Reform Act of 2012 (49 U.S.C. 44701 

23 note), the Secretary’’ and inserting ‘‘The Sec24 retary’’; 


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1 (2) by striking paragraph (4) of subsection (b); 

2 and 

3 (3) by striking paragraph (1) of subsection (h) 

4 and inserting the following: 

5 ‘‘(1) ICAO TECHNICAL INSTRUCTIONS.—The 

6 term ‘ICAO Technical Instructions’ means the Inter7 national Civil Aviation Organization Technical In8 structions for the Safe Transport of Dangerous 

9 Goods by Air.’’. 

10 (c) LITHIUM BATTERY SAFETY EVALUATION AND

11 REPORT.— 

12 (1) IN GENERAL.—Not later than 120 days 

13 after the date of enactment of this Act, the Adminis14 trator of the Pipeline and Hazardous Materials Safe15 ty Administration, in coordination with the Adminis16 trator of the Federal Aviation Administration, shall 

17 evaluate outstanding recommendations of the Na18 tional Transportation Safety Board regarding trans19 portation of lithium batteries by air. 

20 (2) REPORT.—Not later than 180 days after 

21 the date of enactment of this Act, the Secretary of 

22 Transportation shall submit to the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate, a report 

2 on the evaluation described in paragraph (1). 

3 SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS 

4 BY RAIL TANK CAR. 

5 (a) STAY OF AUTHORIZATION FOR TRANSPORTATION

6 OF LIQUEFIED NATURAL GAS BY TANK CAR.— 

7 (1) IN GENERAL.—Any regulation authorizing 

8 the transportation of liquefied natural gas by rail 

9 tank car issued before the date of enactment of this 

10 Act shall have no force or effect until— 

11 (A) the Secretary of Transportation con12 ducts the evaluation, testing, and analysis re13 quired in subsections (b), (c), and (d); 

14 (B) the Secretary issues the report re15 quired by subsection (e); 

16 (C) the Comptroller General of the United 

17 States completes the evaluation and report re18 quired under subsection (g); and 

19 (D) the Secretary issues a final rule updat20 ing the regulation described in this paragraph 

21 that incorporates the additional data, research, 

22 and analysis required under this section. 

23 (2) PERMIT OR APPROVAL.—The Secretary 

24 shall rescind any special permit or approval for the 


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1 transportation of liquefied natural gas by rail tank 

2 car issued before the date of enactment of this Act. 

3 (b) EVALUATION.—Not later than 120 days after the 

4 date of enactment of this Act, the Administrator of the 

5 Pipeline and Hazardous Materials Safety Administration, 

6 in coordination with the Administrator of the Federal 

7 Railroad Administration, shall initiate an evaluation of the 

8 safety, security, and environmental risks of transporting 

9 liquefied natural gas by rail. 

10 (c) TESTING.—In conducting the evaluation under 

11 subsection (a), the Administrator of the Pipeline and Haz12 ardous Materials Safety shall— 

13 (1) perform physical testing of rail tank cars, 

14 including, at a minimum, the DOT–113C120–W9 

15 specification, to evaluate the performance of such 

16 rail tank cars in the event of an accident or derail17 ment, including evaluation of the extent to which de18 sign and construction features such as steel thick19 ness and valve protections prevent or mitigate the 

20 release of liquefied natural gas; 

21 (2) analyze multiple release scenarios, including 

22 derailments, front-end collisions, rear-end collisions, 

23 side-impact collisions, grade-crossing collisions, 

24 punctures, and impact of an incendiary device, at a 

25 minimum of three speeds of travel with a sufficient 


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1 range of speeds to evaluate the safety, security, and 

2 environmental risks posed under real-world oper3 ating conditions; and 

4 (3) examine the effects of exposure to climate 

5 conditions across rail networks, including tempera6 ture, humidity, and any other factors that the Ad7 ministrator of the Federal Railroad Administration 

8 determines could influence performance of rail tank 

9 cars and components of such rail tank cars. 

10 (d) OTHER FACTORS TO CONSIDER.—In conducting 

11 the evaluation under subsection (b), the Administrator of 

12 the Pipeline and Hazardous Materials Safety shall evalu13 ate the impact of a discharge of liquefied natural gas from 

14 a rail tank car on public safety and the environment, and 

15 consider— 

16 (1) the safety benefits of route restrictions, 

17 speed restrictions, enhanced brake requirements, 

18 personnel requirements, rail tank car technological 

19 requirements, and other operating controls; 

20 (2) the inclusion of consist restrictions, includ21 ing limitations on the arrangement and quantity of 

22 rail tank cars carrying liquefied natural gas in any 

23 given consist; 

24 (3) the identification of potential impact areas, 

25 and the number of homes and structures potentially 


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1 endangered by a discharge in rural, suburban, and 

2 urban environments; 

3 (4) the impact of discharge on the environment, 

4 including air quality impacts; 

5 (5) the benefits of advanced notification to the 

6 Department of Transportation, State Emergency 

7 Response Commissions, and Tribal Emergency Re8 sponse Commissions of routes for moving liquefied 

9 natural gas by rail tank car; 

10 (6) how first responders respond to an incident, 

11 including the extent to which specialized equipment 

12 or training would be required and the cost to com13 munities for acquiring any necessary equipment or 

14 training; 

15 (7) whether thermal radiation could occur from 

16 a discharge; 

17 (8) an evaluation of the rail tank car authorized 

18 by the Secretary of Transportation for liquefied nat19 ural gas or similar cryogenic liquids, and a deter20 mination of whether specific safety enhancements or 

21 new standards are necessary to ensure the safety of 

22 rail transport of liquefied natural gas; and 

23 (9) the risks posed by the transportation of liq24 uefied natural gas by International Organization for 


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1 Standardization containers authorized by the Fed2 eral Railroad Administration. 

3 (e) REPORT.—Not later than 2 years after the date 

4 of enactment of this Act, the Secretary of Transportation 

5 shall submit to the Committee on Transportation and In6 frastructure of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate, and make available to the public— 

9 (1) a report based on the evaluation and testing 

10 conducted under subsections (b) and (c), which shall 

11 include the results of the evaluation and testing and 

12 recommendations for mitigating or eliminating the 

13 safety, security, environmental, and other risks of an 

14 accident or incident involving the transportation of 

15 liquefied natural gas by rail; and 

16 (2) a complete list of all research related to the 

17 transportation of liquefied natural gas by rail con18 ducted by the Federal Railroad Administration, the 

19 Pipeline and Hazardous Materials Safety Adminis20 tration, or any other entity of the Federal Govern21 ment since 2010 that includes, for each research 

22 item— 

23 (A) the title of any reports or studies pro24 duced with respect to the research; 


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1 (B) the agency, entity, or organization per2 forming the research; 

3 (C) the names of all authors and co-au4 thors of any report or study produced with re5 spect to the research; and 

6 (D) the date any related report was pub7 lished or is expected to publish. 

8 (f) DATA COLLECTION.—The Administrator of the 

9 Federal Railroad Administration and the Administrator of 

10 the Pipeline and Hazardous Materials Safety Administra11 tion shall collect any relevant data or records necessary 

12 to complete the evaluation required by subsection (b). 

13 (g) GAO REPORT.—After the evaluation required by 

14 subsection (b) has been completed, the Comptroller Gen15 eral shall conduct an independent evaluation to verify that 

16 the Federal Railroad Administration and the Pipeline and 

17 Hazardous Materials Safety Administration complied with 

18 the requirements of this Act, and transmit to the Com19 mittee on Transportation and Infrastructure of the House 

20 of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate a report on the 

22 findings of such independent evaluation. 

23 (h) FUNDING.—From the amounts made available 

24 for fiscal year 2022 under section 5128(a) of title 49, 

25 United States Code, the Secretary shall expend not less 


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1 than $4,000,000 and not more than $6,000,000 to carry 

2 out the evaluation under subsection (a). 

3 SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIRE4 MENTS AND GRANTS. 

5 Section 5107 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(j) ASSISTANCE WITH LOCAL EMERGENCY RE8 SPONDER TRAINING.—The Secretary shall establish a pro9 gram to make grants, on a competitive basis, to nonprofit 

10 organizations to develop hazardous materials response 

11 training for emergency responders and make such training 

12 available electronically or in person.’’. 

13 SEC. 8204. LITHIUM BATTERY APPROVAL. 

14 (a) IN GENERAL.—Chapter 51 of title 49, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 5129. Lithium battery approval 

18 ‘‘(a) APPROVAL TO TRANSPORT CERTAIN BATTERIES

19 IN COMMERCE.—A person may not transport in commerce 

20 a specified lithium battery that is determined by the Sec21 retary to be a high safety or security risk unless— 

22 ‘‘(1) the manufacturer of such battery receives 

23 an 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 

3 issued under subsection (d). 

4 ‘‘(b) TERM OF APPROVAL.—An approval granted to 

5 a manufacturer under this section shall not exceed 5 

6 years. 

7 ‘‘(c) APPROVAL PROCESS.—To receive an approval 

8 for a specified lithium battery under this section, a manu9 facturer shall— 

10 ‘‘(1) allow the Secretary, or an entity des11 ignated by the Secretary, to inspect the applicant’s 

12 manufacturing process and procedures; 

13 ‘‘(2) bear the cost of any inspection carried out 

14 under paragraph (1); and 

15 ‘‘(3) develop and implement, with respect to the 

16 manufacture of such battery— 

17 ‘‘(A) a comprehensive quality management 

18 program; and 

19 ‘‘(B) appropriate product identification, 

20 marking, documentation, lifespan, and tracking 

21 measures. 

22 ‘‘(d) REGULATIONS REQUIRED.—Not later than 2 

23 years after the date of enactment of this section, the Sec24 retary shall issue regulations to carry out this section. 

25 Such regulations shall include— 


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1 ‘‘(1) parameters for, and a process for receiv2 ing, 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) SPECIFIED LITHIUM BATTERY DEFINED.—In 

8 this section, the term ‘specified lithium battery’ means— 

9 ‘‘(1) a lithium ion cell or battery; or 

10 ‘‘(2) a lithium metal cell or battery.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 51 of title 49, United States Code, is amended by add13 ing at the end the following: 

‘‘5129. Lithium battery approval.’’. 

14 DIVISION D—RAIL 

15 SEC. 9001. SHORT TITLE. 

16 This division may be cited as the ‘‘Transforming Rail 

17 by Accelerating Investment Nationwide Act’’ or the 

18 ‘‘TRAIN Act’’. 

Sec. 9001. Short title. 

TITLE I—AUTHORIZATIONS 

Sec. 9101. Authorization of appropriations. 

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

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

Sec. 9104. Railroad rehabilitation and improvement financing. 

Sec. 9105. Bridges, stations, and tunnels (BeST) grant program. 

Sec. 9106. Buy America. 

TITLE II—AMTRAK REFORMS 

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

Sec. 9202. Amtrak status. 


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Sec. 9203. Board of Directors. 

Sec. 9204. Amtrak preference enforcement. 

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

Sec. 9206. Prohibition on mandatory arbitration. 

Sec. 9207. Amtrak ADA assessment. 

Sec. 9208. Prohibition on smoking on Amtrak trains. 

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

Sec. 9210. Amtrak Police Department. 

Sec. 9211. Amtrak food and beverage. 

Sec. 9212. Clarification on Amtrak contracting out. 

Sec. 9213. Amtrak staffing. 

Sec. 9214. Special transportation. 

Sec. 9215. Disaster and emergency relief program. 

Sec. 9216. Access to recreational trails. 

Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant program. 

Sec. 9218. Amtrak and private cars. 

Sec. 9219. Amtrak Office of Community Outreach. 

Sec. 9220. Long-distance customer enhancement program. 

Sec. 9221. Amtrak carbon-free and renewable energy initiatives. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 9301. Northeast Corridor Commission. 

Sec. 9302. Northeast Corridor planning. 

Sec. 9303. Protective arrangements. 

Sec. 9304. Interstate rail compacts. 

Sec. 9305. High-speed rail updates. 

Sec. 9306. State rail planning formula funds. 

TITLE IV—COMMUTER RAIL POLICY 

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

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

TITLE V—RAIL SAFETY 

Subtitle A—Passenger and Freight Safety 

Sec. 9501. Study on safety impact of long trains. 

Sec. 9502. FRA safety reporting. 

Sec. 9503. Waiver notice requirements. 

Sec. 9504. Notice of FRA comprehensive safety culture assessments. 

Sec. 9505. FRA accident and incident investigations. 

Sec. 9506. Freight train crew size safety standards. 

Sec. 9507. Border crossings. 

Sec. 9508. Yardmasters hours of service. 

Sec. 9509. Leaking brakes. 

Sec. 9510. Report on PTC system failures. 

Sec. 9511. Fatigue reduction management plans. 

Sec. 9512. Assault prevention and response plans. 

Sec. 9513. Critical incident stress plans. 

Sec. 9514. Crewmember certification and qualification. 

Sec. 9515. Safety management team communication. 

Sec. 9516. GAO study on reorganization of Office of Railroad Safety. 

Sec. 9517. Open-top rail car public input. 

Sec. 9518. New passenger service pre-revenue safety validation plan. 


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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. 

Sec. 9602. Advance acquisition. 

Sec. 9603. University rail climate innovation grant program. 

Sec. 9604. Workforce diversity and development. 

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

States. 

1 TITLE I—AUTHORIZATIONS 

2 SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) AUTHORIZATION OF GRANTS TO AMTRAK.— 

4 (1) NORTHEAST CORRIDOR.—There are author5 ized to be appropriated to the Secretary of Trans6 portation for the use of Amtrak for activities associ7 ated with the Northeast Corridor the following 

8 amounts: 

9 (A) For fiscal year 2022, $2,500,000,000. 

10 (B) For fiscal year 2023, $2,600,000,000. 

11 (C) For fiscal year 2024, $2,700,000,000. 

12 (D) For fiscal year 2025, $2,800,000,000. 

13 (E) For fiscal year 2026, $2,900,000,000. 


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1 (2) NATIONAL NETWORK.—There are author2 ized to be appropriated to the Secretary for the use 

3 of Amtrak for activities associated with the National 

4 Network the following amounts: 

5 (A) For fiscal year 2022, $3,500,000,000. 

6 (B) For fiscal year 2023, $3,600,000,000. 

7 (C) For fiscal year 2024, $3,700,000,000. 

8 (D) For fiscal year 2025, $3,800,000,000. 

9 (E) For fiscal year 2026, $3,900,000,000 

10 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec11 retary may withhold up to one-half of one percent annually 

12 from the amounts made available under subsection (a) for 

13 oversight. 

14 (c) AMTRAK COMMON BENEFIT COSTS FOR STATE15 SUPPORTED ROUTES.— For fiscal year 2022, if funds are 

16 made available under subsection (a)(2) in excess of the 

17 amounts authorized for fiscal year 2020 under section 

18 11101(b) of the FAST Act (Public Law 114–94), Amtrak 

19 shall use up to $250,000,000 of the excess funds to defray 

20 the share of operating costs of Amtrak’s national assets 

21 (as such term is defined in section 24320(c)(5) of title 

22 49, United States Code) and corporate services (as such 

23 term is defined pursuant to section 24317(b) of title 49, 

24 United States Code) that is allocated to the State-sup25 ported services. After the update of the cost methodology 


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1 policy required under section 24712(a)(7)(B) of title 49, 

2 United States Code, is implemented, there are authorized 

3 to be appropriated to the Secretary for the use of Amtrak 

4 such sums as may be necessary for each of the fiscal years 

5 2023 through 2026 for the implementation of the updated 

6 policy. 

7 (d) STATE-SUPPORTED ROUTE COMMITTEE.—Of the 

8 funds made available under subsection (a)(2), the Sec9 retary may make available up to $4,000,000 for each fis10 cal year for the State-Supported Route Committee estab11 lished under section 24712 of title 49, United States Code. 

12 (e) NORTHEAST CORRIDOR COMMISSION.—Of the 

13 funds made available under subsection (a)(1), the Sec14 retary may make available up to $6,000,000 for each fis15 cal year for the Northeast Corridor Commission estab16 lished under section 24905 of title 49, United States Code. 

17 (f) AUTHORIZATION OF APPROPRIATIONS FOR AM18 TRAK OFFICE OF INSPECTOR GENERAL.—There are au19 thorized to be appropriated to the Office of Inspector Gen20 eral of Amtrak the following amounts: 

21 (1) For fiscal year 2022, $26,500,000. 

22 (2) For fiscal year 2023, $27,000,000. 

23 (3) For fiscal year 2024, $27,500,000. 

24 (4) For fiscal year 2025, $28,000,000. 

25 (5) For fiscal year 2026, $28,500,000. 


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1 (g) PASSENGER RAIL IMPROVEMENT, MODERNIZA2 TION, AND EXPANSION GRANTS.— 

3 (1) There are authorized to be appropriated to 

4 the Secretary to carry out section 22906 of title 49, 

5 United States Code, the following amounts: 

6 (A) For fiscal year 2022, $4,800,000,000. 

7 (B) For fiscal year 2023, $4,900,000,000. 

8 (C) For fiscal year 2024, $5,000,000,000. 

9 (D) For fiscal year 2025, $5,100,000,000. 

10 (E) For fiscal year 2026, $5,200,000,000. 

11 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

12 Secretary may withhold up to 1 percent of the total 

13 amount appropriated under paragraph (1) for the 

14 costs of program management oversight, including 

15 providing technical assistance and project planning 

16 guidance, of grants carried out under section 22906 

17 of title 49, United States Code. 

18 (3) HIGH-SPEED RAIL CORRIDOR PLANNING.— 

19 The Secretary shall withhold at least 4 percent of 

20 funding in paragraph (1) for the purposes described 

21 in section 22906(a)(1)(B) of title 49, United States 

22 Code. Any funds withheld by this paragraph that re23 main unobligated at the end of the fiscal year fol24 lowing the fiscal year in which such funds are made 


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1 available may be used for any eligible project under 

2 section 22906 of such title. 

3 (h) CONSOLIDATED RAIL INFRASTRUCTURE AND

4 SAFETY IMPROVEMENTS.— 

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated to the Secretary to carry out section 

7 22907 of title 49, United States Code, the following 

8 amounts: 

9 (A) For fiscal year 2022, $1,200,000,000. 

10 (B) For fiscal year 2023, $1,300,000,000. 

11 (C) For fiscal year 2024, $1,400,000,000. 

12 (D) For fiscal year 2025, $1,500,000,000. 

13 (E) For fiscal year 2026, $1,600,000,000. 

14 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

15 Secretary may withhold up to 2 percent of the total 

16 amount appropriated under paragraph (1) for the 

17 costs of program management oversight, including 

18 providing technical assistance and project planning 

19 guidance, of grants carried out under section 22907 

20 of title 49, United States Code. 

21 (3) RAIL SAFETY PUBLIC AWARENESS.—Of the 

22 amounts made available under paragraph (1), the 

23 Secretary may make available up to $5,000,000 for 

24 each of fiscal years 2022 through 2026 to make 


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1 grants under section 22907(o) of title 49, United 

2 States Code. 

3 (4) RAILROAD TRESPASSING ENFORCEMENT.— 

4 Of the amounts made available under paragraph (1), 

5 the Secretary may make available up to $250,000 

6 for each of fiscal years 2022 through 2026 to make 

7 grants under section 22907(p) of title 49, United 

8 States Code. 

9 (5) RAILROAD TRESPASSING SUICIDE PREVEN10 TION.—Of the amounts made available under para11 graph (1), the Secretary may make available up to 

12 $1,000,000 for each of fiscal years 2022 through 

13 2026 to make grants under section 22907(q) of title 

14 49, United States Code. 

15 (i) BRIDGES, STATIONS, AND TUNNELS GRANTS.— 

16 (1) IN GENERAL.—There are authorized to be 

17 appropriated to the Secretary to carry out section 

18 22909 of title 49, United States Code, the following 

19 amounts: 

20 (A) For fiscal year 2022, $4,800,000,000. 

21 (B) For fiscal year 2023, $4,900,000,000. 

22 (C) For fiscal year 2024, $5,000,000,000. 

23 (D) For fiscal year 2025, $5,100,000,000. 

24 (E) For fiscal year 2026, $5,200,000,000. 


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1 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

2 Secretary may withhold up to one half of 1 percent 

3 of the total amount appropriated under paragraph 

4 (1) for the costs of program management oversight, 

5 including providing technical assistance and project 

6 planning guidance, of grants carried out under sec7 tion 22909 of title 49, United States Code. 

8 (j) RAILROAD REHABILITATION AND IMPROVEMENT

9 FINANCING.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Secretary for payment of credit 

12 risk premiums in accordance with section 502(f)(1) 

13 of the Railroad Revitalization and Regulatory Re14 form Act of 1976 (45 U.S.C. 822(f)(1)) the fol15 lowing amounts, to remain available until expended: 

16 (A) For fiscal year 2022, $160,000,000. 

17 (B) For fiscal year 2023, $170,000,000. 

18 (C) For fiscal year 2024, $180,000,000. 

19 (D) For fiscal year 2025, $190,000,000. 

20 (E) For fiscal year 2026, $200,000,000. 

21 (2) REFUND OF PREMIUM.—There are author22 ized to be appropriated to the Secretary 

23 $70,000,000 to repay the credit risk premium under 

24 section 502 of the Railroad Revitalization and Regu25 latory Reform Act of 1976 (45 U.S.C. 822) for each 


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1 loan in cohort 3, as defined by the memorandum to 

2 the Office of Management and Budget of the De3 partment of Transportation dated November 5, 

4 2018, with interest accrued thereon, not later than 

5 60 days after the date on which all obligations at6 tached to each such loan have been satisfied. For 

7 each such loan for which obligations have been satis8 fied as of the date of enactment of this Act, the Sec9 retary shall repay the credit risk premium of each 

10 such loan, with interest accrued thereon, not later 

11 than 60 days after the date of the enactment of this 

12 Act. 

13 (k) RESTORATION AND ENHANCEMENT GRANTS.— 

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated to the Secretary to carry out section 

16 22908 of title 49, United States Code, $20,000,000 

17 for each of fiscal years 2022 through 2026. 

18 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

19 Secretary may withhold up to 1 percent from the 

20 total amounts appropriated under paragraph (1) for 

21 the costs of project management oversight of grants 

22 carried out under section 22908 of title 49, United 

23 States Code. 

24 (l) GRADE CROSSING SEPARATION GRANTS.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to the Secretary to carry out section 

3 20171 of title 49, United States Code, (as added by 

4 section 9551 of this Act) the following amounts: 

5 (A) For fiscal year 2022, $450,000,000. 

6 (B) For fiscal year 2023, $475,000,000. 

7 (C) For fiscal year 2024, $500,000,000. 

8 (D) For fiscal year 2025, $525,000,000. 

9 (E) For fiscal year 2026, $550,000,000. 

10 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

11 Secretary may withhold up to 2 percent from the 

12 total amounts appropriated under paragraph (1) for 

13 the costs of project management oversight, including 

14 providing technical assistance and project planning 

15 guidance, of grants carried out under section 20171 

16 of title 49, United States Code. 

17 (m) AUTHORIZATION OF APPROPRIATIONS TO THE

18 FEDERAL RAILROAD ADMINISTRATION.—Section 20117 

19 of title 49, United States Code, is amended to read as 

20 follows: 

21 ‘‘§ 20117. Authorization of appropriations 

22 ‘‘(a) SAFETY AND OPERATIONS.— 

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

24 appropriated to the Secretary of Transportation for 

25 the operations of the Federal Railroad AdministraVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 01053 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 tion and to carry out railroad safety activities au2 thorized or delegated to the Administrator— 

3 ‘‘(A) $290,500,000 for fiscal year 2022; 

4 ‘‘(B) $303,300,000 for fiscal year 2023; 

5 ‘‘(C) $316,100,000 for fiscal year 2024; 

6 ‘‘(D) $324,400,000 for fiscal year 2025; 

7 and 

8 ‘‘(E) $332,900,000 for fiscal year 2026. 

9 ‘‘(2) AUTOMATED TRACK INSPECTION PROGRAM

10 AND DATA ANALYSIS.—From the funds made avail11 able under paragraph (1) for each of fiscal years 

12 2022 through 2026, not more than $17,000,000 

13 may be expended for the Automated Track Inspec14 tion Program and data analysis related to track in15 spection. Such funds shall remain available until ex16 pended. 

17 ‘‘(3) STATE PARTICIPATION GRANTS.—Amounts 

18 made available under paragraph (1) for grants 

19 under section 20105(e) shall remain available until 

20 expended. 

21 ‘‘(4) REGIONAL PLANNING GUIDANCE.—The 

22 Secretary may withhold up to $20,000,000 from the 

23 amounts made available for each fiscal year under 

24 paragraph (1) to facilitate and provide guidance for 


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1 regional planning processes, including not more than 

2 $500,000 annually for each interstate rail compact. 

3 ‘‘(5) RAILROAD SAFETY INSPECTORS.— 

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

5 ensure that the number of full-time equivalent 

6 railroad safety inspection personnel employed 

7 by the Office of Railroad Safety of the Federal 

8 Railroad Administration does not fall below the 

9 following: 

10 ‘‘(i) 379 for fiscal year 2022; 

11 ‘‘(ii) 403 for fiscal year 2023; 

12 ‘‘(iii) 422 for fiscal year 2024; 

13 ‘‘(iv) 424 for fiscal year 2025; and 

14 ‘‘(v) 426 for fiscal year 2026. 

15 ‘‘(B) CONSIDERATION.—In meeting the 

16 minimum railroad safety inspector levels under 

17 subparagraph (A), the Secretary shall consider 

18 the ability of railroad safety inspectors to ana19 lyze railroad safety data. 

20 ‘‘(C) FUNDING.—From the amounts made 

21 available to the Secretary under subsection 

22 (a)(1), the Secretary shall use the following 

23 amounts to carry out subparagraph (A): 

24 ‘‘(i) $3,244,104 for fiscal year 2022. 

25 ‘‘(ii) $6,488,208 for fiscal year 2023. 


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1 ‘‘(iii) $9,056,457 for fiscal year 2024. 

2 ‘‘(iv) $9,326,799 for fiscal year 2025. 

3 ‘‘(v) $9,597,141 for fiscal year 2026. 

4 ‘‘(6) OTHER SAFETY PERSONNEL.— 

5 ‘‘(A) INCREASE IN NUMBER OF SUPPORT

6 EMPLOYEES.—The Secretary shall, for each of 

7 fiscal years 2022 and 2023, increase by 10 the 

8 total number of full-time equivalent employees 

9 working as specialists, engineers, or analysts in 

10 the field supporting inspectors compared to the 

11 number of such employees employed in the pre12 vious fiscal year. 

13 ‘‘(B) FUNDING.—From the amounts made 

14 available to the Secretary under subsection 

15 (a)(1), the Secretary shall use the following 

16 amounts to carry out subparagraph (A): 

17 ‘‘(i) $1,631,380 for fiscal year 2022. 

18 ‘‘(ii) $3,262,760 for fiscal year 2023. 

19 ‘‘(iii) $3,262,760 for fiscal year 2024. 

20 ‘‘(iv) $3,262,760 for fiscal year 2025. 

21 ‘‘(v) $3,262,760 for fiscal year 2026. 

22 ‘‘(b) RAILROAD RESEARCH AND DEVELOPMENT.— 

23 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to the Sec25 retary of Transportation for necessary expenses for 


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1 carrying out railroad research and development ac2 tivities the following amounts which shall remain 

3 available until expended: 

4 ‘‘(A) $67,000,000 for fiscal year 2022. 

5 ‘‘(B) $69,000,000 for fiscal year 2023. 

6 ‘‘(C) $71,000,000 for fiscal year 2024. 

7 ‘‘(D) $73,000,000 for fiscal year 2025. 

8 ‘‘(E) $75,000,000 for fiscal year 2026. 

9 ‘‘(2) SHORT LINE SAFETY.—From funds made 

10 available under paragraph (1) for each of fiscal 

11 years 2022 through 2026, the Secretary may expend 

12 not more than $4,000,000— 

13 ‘‘(A) for grants to improve safety practices 

14 and training for Class II and Class III freight, 

15 commuter, and intercity passenger railroads; 

16 and 

17 ‘‘(B) to develop safety management sys18 tems for Class II and Class III freight, com19 muter, and intercity passenger railroads 

20 through the continued development of safety 

21 culture assessments, transportation emergency 

22 response plans, training and education, out23 reach activities, best practices for trespassing 

24 prevention and employee trauma response, and 

25 technical assistance. 


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1 ‘‘(3) UNIVERSITY RAIL CLIMATE INNOVATION

2 GRANT PROGRAM.—Of the amounts made available 

3 under paragraph (1), the Secretary may make avail4 able up to $20,000,000 for each of fiscal years 2022 

5 through 2026 to make grants under section 22912. 

6 ‘‘(4) SUICIDE PREVENTION RESEARCH FUND7 ING.—From funds made available under paragraph 

8 (1) for each of fiscal years 2022 through 2026, the 

9 Secretary may make available not less than 

10 $1,000,000 for human factors research undertaken 

11 by the Federal Railroad Administration, including 

12 suicide countermeasure evaluation, data exploration 

13 and quality improvement, and other initiatives as ap14 propriate.’’. 

15 (n) LIMITATION ON FINANCIAL ASSISTANCE FOR

16 STATE-OWNED ENTERPRISES.— 

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

18 section and the amendments made by this section 

19 may not be used in awarding a contract, sub20 contract, grant, or loan to an entity that is owned 

21 or controlled by, is a subsidiary of, or is otherwise 

22 related legally or financially to a corporation based 

23 in a country that— 

24 (A) is identified as a nonmarket economy 

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


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

2 the date of enactment of this Act; 

3 (B) was identified by the United States 

4 Trade Representative in the most recent report 

5 required by section 182 of the Trade Act of 

6 1974 (19 U.S.C. 2242) as a priority foreign 

7 country under subsection (a)(2) of that section; 

8 and 

9 (C) is subject to monitoring by the Trade 

10 Representative under section 306 of the Trade 

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

12 (2) EXCEPTION.—For purposes of paragraph 

13 (1), the term ‘‘otherwise related legally or finan14 cially’’ does not include a minority relationship or in15 vestment. 

16 (3) INTERNATIONAL AGREEMENTS.—This sub17 section shall be applied in a manner consistent with 

18 the obligations of the United States under inter19 national agreements. 

20 (o) RAIL TRUST FUND.— 

21 (1) IN GENERAL.— 

22 (A) FUNDING.—Beginning on the date on 

23 which a rail trust fund is established, any 

24 amounts made available under subsections (a), 


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1 (g), (h), (i), (j)(1), (k), and (l) shall be derived 

2 from such fund. 

3 (B) RAIL TRUST FUND DEFINED.—In this 

4 subsection, the term ‘‘rail trust fund’’ means a 

5 trust fund established under the Internal Rev6 enue Code of 1986 for making certain expendi7 tures for the benefit of rail and for crediting 

8 certain taxes and penalties collected relating to 

9 rail. 

10 (2) SENSE OF COMMITTEE ON NEED FOR RAIL

11 TRUST FUND.—The following is the sense of the 

12 Committee on Transportation and Infrastructure of 

13 the House of Representatives: 

14 (A) There is a discrepancy in historical 

15 Federal investment between highways, aviation, 

16 and intercity passenger rail. Between 1949 and 

17 2017, the Federal Government invested more 

18 than $2 trillion in our nation’s highways and 

19 over $777 billion in aviation. The Federal Gov20 ernment has invested $96 billion in intercity 

21 passenger rail, beginning in 1971 with the cre22 ation of the National Railroad Passenger Cor23 poration. Intercity passenger rail Federal in24 vestment is only 12 percent of Federal aviation 


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1 investment and less than 5 percent of Federal 

2 highway investment. 

3 (B) Congress has recognized the value and 

4 importance of a predictable, dedicated funding 

5 source through a trust fund for all other modes 

6 of transportation including for aviation, high7 ways, transit, and waterways. The Highway 

8 Trust Fund was created in 1956. The Airport 

9 and Aviation Trust Fund was created in 1970. 

10 The Inland Waterways Trust Fund was created 

11 in 1978. Mass transit was added to the High12 way Trust Fund in 1983. The Harbor Mainte13 nance Trust Fund was created in 1986. With 

14 regard to Federal transportation investment, 

15 only intercity passenger and freight rail do not 

16 have a predictable, dedicated funding source 

17 through a trust fund. 

18 (C) The Federal Railroad Administration 

19 has identified more than $300 billion worth of 

20 investment needed to develop both high-speed 

21 and higher speed intercity passenger rail cor22 ridors around the United States. In addition, a 

23 Federal Railroad Administration report from 

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1 ally owned Northeast Corridor has a $40 billion 

2 state of good repair backlog. 

3 (D) A rail trust fund would provide a pre4 dictable, dedicated funding source to high-speed 

5 and intercity passenger rail projects and for the 

6 public benefits of shortline and regional railroad 

7 freight rail projects. A trust fund provides es8 sential longer term funding certainty to allow 

9 the United States to develop quality intercity 

10 passenger rail service in corridors across the 

11 country, eliminate the state of good repair 

12 backlog on the Northeast Corridor, allow for ac13 cessible equipment and stations for passengers 

14 with disabilities, move more freight on rail, re15 develop an American passenger rail car manu16 facturing base, create good paying, middle class 

17 jobs, and reduce our nation’s transportation 

18 carbon emissions. 

19 SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZA20 TION, AND EXPANSION GRANTS. 

21 (a) IN GENERAL.—Section 22906 of title 49, United 

22 States Code, is amended to read as follows: 

23 ‘‘§ 22906. Passenger rail improvement, modernization, 

24 and expansion grants 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) ESTABLISHMENT.—The Secretary of 

2 Transportation shall establish a program to make 

3 grants to eligible applicants for— 

4 ‘‘(A) capital projects that— 

5 ‘‘(i) provide high-speed rail or inter6 city rail passenger transportation; 

7 ‘‘(ii) improve high-speed rail or inter8 city rail passenger performance, including 

9 congestion mitigation, reliability improve10 ments, achievement of on-time perform11 ance standards established under section 

12 207 of the Rail Safety Improvement Act of 

13 2008 (49 U.S.C. 24101 note), reduced trip 

14 times, increased train frequencies, higher 

15 operating speeds, electrification, and other 

16 improvements, as determined by the Sec17 retary; and 

18 ‘‘(iii) expand or establish high-speed 

19 rail or intercity rail passenger transpor20 tation and facilities; or 

21 ‘‘(B) corridor planning activities for high22 speed rail described in section 26101(b). 

23 ‘‘(2) PURPOSES.—Grants under this section 

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1 ational performance, or growth of high-speed rail or 

2 intercity rail passenger transportation. 

3 ‘‘(b) DEFINITIONS.—In this section: 

4 ‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible 

5 applicant’ means— 

6 ‘‘(A) a State; 

7 ‘‘(B) a group of States; 

8 ‘‘(C) an Interstate Compact; 

9 ‘‘(D) a public agency or publicly chartered 

10 authority established by 1 or more States; 

11 ‘‘(E) a political subdivision of a State; 

12 ‘‘(F) Amtrak, acting on its own behalf or 

13 under a cooperative agreement with 1 or more 

14 States; or 

15 ‘‘(G) an Indian Tribe. 

16 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

17 project’ means— 

18 ‘‘(A) a project or program for acquiring, 

19 constructing, or improving— 

20 ‘‘(i) passenger rolling stock; 

21 ‘‘(ii) infrastructure assets, including 

22 tunnels, bridges, stations, track and track 

23 structures, communication and signaliza24 tion improvements; and 


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1 ‘‘(iii) a facility of use in or for the pri2 mary benefit of high-speed or intercity rail 

3 passenger transportation; 

4 ‘‘(B) project planning, development, de5 sign, engineering, location surveying, mapping, 

6 environmental analysis or studies; 

7 ‘‘(C) acquiring right-of-way or payments 

8 for rail trackage rights agreements; 

9 ‘‘(D) making highway-rail grade crossing 

10 improvements related to high-speed rail or 

11 intercity rail passenger transportation service; 

12 ‘‘(E) electrification; 

13 ‘‘(F) mitigating environmental impacts; or 

14 ‘‘(G) a project relating to other assets de15 termined appropriate by the Secretary. 

16 ‘‘(3) INTERCITY RAIL PASSENGER TRANSPOR17 TATION.—The term ‘intercity rail passenger trans18 portation’ has the meaning given such term in sec19 tion 24102. 

20 ‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 

21 rail’ has the meaning given such term in section 

22 26105. 

23 ‘‘(5) STATE.—The term ‘State’ means each of 

24 the 50 States and the District of Columbia. 


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1 ‘‘(6) SOCIALLY DISADVANTAGED INDIVID2 UALS.—The term ‘socially disadvantaged individuals’ 

3 has the meaning given the term ‘socially and eco4 nomically disadvantaged individuals’ in section 8(d) 

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

6 ‘‘(c) PROJECT REQUIREMENTS.— 

7 ‘‘(1) REQUIREMENTS.—To be eligible for a 

8 grant under this section, an eligible applicant shall 

9 demonstrate that such applicant has or will have— 

10 ‘‘(A) the legal, financial, and technical ca11 pacity to carry out the project; 

12 ‘‘(B) satisfactory continuing control over 

13 the use of the equipment or facilities that are 

14 the subject of the project; and 

15 ‘‘(C) an agreement in place for mainte16 nance of such equipment or facilities. 

17 ‘‘(2) HIGH-SPEED RAIL REQUIREMENTS.— 

18 ‘‘(A) CORRIDOR PLANNING ACTIVITIES.— 

19 Notwithstanding paragraph (1), the Secretary 

20 shall evaluate projects described in subsection 

21 (a)(1)(B) based on the criteria under section 

22 26101(c). 

23 ‘‘(B) HIGH-SPEED RAIL PROJECT RE24 QUIREMENTS.—To be eligible for a grant for a 

25 high-speed rail project, an eligible applicant 


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1 shall demonstrate compliance with section 

2 26106(e)(2)(A). 

3 ‘‘(d) PROJECT SELECTION CRITERIA.— 

4 ‘‘(1) PRIORITY.—In selecting a project for a 

5 grant under this section, the Secretary shall give 

6 preference to projects that— 

7 ‘‘(A) are supported by multiple States or 

8 are included in a multi-state regional plan or 

9 planning process; 

10 ‘‘(B) achieve environmental benefits such 

11 as a reduction in greenhouse gas emissions or 

12 an improvement in local air quality; or 

13 ‘‘(C) improve service to and investment in 

14 socially disadvantaged individuals. 

15 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In select16 ing an applicant for a grant under this section, the 

17 Secretary shall consider— 

18 ‘‘(A) the proposed project’s anticipated im19 provements to high-speed rail or intercity rail 

20 passenger transportation, including anticipated 

21 public benefits on the— 

22 ‘‘(i) effects on system and service per23 formance; 


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1 ‘‘(ii) effects on safety, competitive2 ness, reliability, trip or transit time, and 

3 resilience; 

4 ‘‘(iii) overall transportation system, 

5 including efficiencies from improved inte6 gration with other modes of transportation 

7 or benefits associated with achieving modal 

8 shifts; 

9 ‘‘(iv) ability to meet existing, antici10 pated, or induced passenger or service de11 mand; and 

12 ‘‘(v) projected effects on regional and 

13 local economies along the corridor, includ14 ing increased competitiveness, productivity, 

15 efficiency, and economic development; 

16 ‘‘(B) the eligible applicant’s past perform17 ance in developing and delivering similar 

18 projects; 

19 ‘‘(C) if applicable, the consistency of the 

20 project with planning guidance and documents 

21 set forth by the Secretary or required by law; 

22 and 

23 ‘‘(D) if applicable, agreements between all 

24 stakeholders necessary for the successful deliv25 ery of the project. 


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1 ‘‘(3) ADDITIONAL SCREENING FOR HIGH-SPEED

2 RAIL.—In selecting an applicant for a grant under 

3 this section, for high-speed rail projects, the Sec4 retary shall, in addition to the application of para5 graphs (1) and (2), apply the selection and consider6 ation criteria described in subparagraphs (B) and 

7 (C) of section 26106(e)(2). 

8 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

9 ‘‘(1) TOTAL PROJECT COST ESTIMATE.—The 

10 Secretary shall estimate the total cost of a project 

11 under this section based on the best available infor12 mation, including engineering studies, studies of eco13 nomic feasibility, environmental analyses, and infor14 mation on the expected use of equipment or facili15 ties. 

16 ‘‘(2) FEDERAL SHARE.—The Federal share of 

17 total project costs under this section shall not exceed 

18 90 percent. 

19 ‘‘(3) TREATMENT OF REVENUE.—Applicants 

20 may use ticket and other revenues generated from 

21 operations and other sources to satisfy the non-Fed22 eral share requirements. 

23 ‘‘(f) LETTERS OF INTENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

2 maximum extent practicable, issue a letter of intent 

3 to a recipient of a grant under this section that— 

4 ‘‘(A) announces an intention to obligate, 

5 for a project under this section, an amount that 

6 is not more than the amount stipulated as the 

7 financial participation of the Secretary in the 

8 project, regardless of authorized amounts; and 

9 ‘‘(B) states that the contingent commit10 ment— 

11 ‘‘(i) is not an obligation of the Fed12 eral Government; and 

13 ‘‘(ii) is subject to the availability of 

14 appropriations for grants under this sec15 tion and subject to Federal laws in force or 

16 enacted after the date of the contingent 

17 commitment. 

18 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

19 ‘‘(A) IN GENERAL.—Not later than 3 days 

20 before issuing a letter of intent under para21 graph (1), the Secretary shall submit written 

22 notification to— 

23 ‘‘(i) the Committee on Transportation 

24 and Infrastructure of the House of Rep25 resentatives; 


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1 ‘‘(ii) the Committee on Appropriations 

2 of the House of Representatives; 

3 ‘‘(iii) the Committee on Appropria4 tions of the Senate; and 

5 ‘‘(iv) the Committee on Commerce, 

6 Science, and Transportation of the Senate. 

7 ‘‘(B) CONTENTS.—The notification sub8 mitted under subparagraph (A) shall include— 

9 ‘‘(i) a copy of the letter of intent; 

10 ‘‘(ii) the criteria used under sub11 section (d) for selecting the project for a 

12 grant; and 

13 ‘‘(iii) a description of how the project 

14 meets such criteria. 

15 ‘‘(g) APPROPRIATIONS REQUIRED.—An obligation 

16 may be made under this section only when amounts are 

17 appropriated for such purpose. 

18 ‘‘(h) AVAILABILITY.—Amounts made available to 

19 carry out this section shall remain available until ex20 pended. 

21 ‘‘(i) GRANT CONDITIONS.—Except as specifically pro22 vided in this section, the use of any amounts appropriated 

23 for grants under this section shall be subject to the grant 

24 conditions under section 22905, except that the domestic 


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1 buying preferences of section 24305(f) shall apply to Am2 trak in lieu of the requirements of section 22905(a).’’. 

3 (b) CLERICAL AMENDMENT.—The item relating to 

4 section 22906 in the analysis for chapter 229 of title 49, 

5 United States Code, is amended to read as follows: 

‘‘22906. Passenger rail improvement, modernization, and expansion grants.’’. 

6 SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND 

7 SAFETY IMPROVEMENT GRANTS. 

8 Section 22907 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (b)— 

11 (A) in the matter preceding paragraph (1) 

12 by striking ‘‘The following’’ and inserting ‘‘Ex13 cept as provided in subsections (o), (p), and (q), 

14 the following’’; 

15 (B) in paragraph (1) by inserting ‘‘or the 

16 District of Columbia’’ before the period; 

17 (C) in paragraph (10) by striking ‘‘trans18 portation center’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(12) A commuter authority (as such term is 

21 defined in section 24102). 

22 ‘‘(13) An Indian Tribe.’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (1) by inserting ‘‘and up25 grades’’ after ‘‘Deployment’’; 


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1 (B) by striking paragraph (2); 

2 (C) by redesignating paragraphs (3) 

3 through (12) as paragraphs (2) through (11), 

4 respectively; 

5 (D) in paragraph (2), as so redesignated, 

6 by inserting ‘‘or safety’’ after ‘‘address conges7 tion’’; 

8 (E) in paragraph (3), as so redesignated, 

9 by striking ‘‘identified by the Secretary’’ and all 

10 that follows through ‘‘rail transportation’’ and 

11 inserting ‘‘to improve service or facilitate rider12 ship growth in intercity rail passenger transpor13 tation or commuter rail passenger transpor14 tation (as such term is defined in section 

15 24102’’; 

16 (F) in paragraph (4), as so redesignated, 

17 by inserting ‘‘to establish new quiet zones or’’ 

18 after ‘‘engineering improvements’’; 

19 (G) in paragraph (9), as so redesignated, 

20 by inserting ‘‘, including for suicide prevention 

21 and other rail trespassing prevention’’ before 

22 the period; 

23 (3) in subsection (e)— 

24 (A) by striking paragraph (1) and insert25 ing the following: 


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1 ‘‘(1) IN GENERAL.—In selecting a recipient of 

2 a grant for an eligible project, the Secretary shall 

3 give preference to— 

4 ‘‘(A) projects that will maximize the net 

5 benefits of the funds made available for use 

6 under this section, considering the cost-benefit 

7 analysis of the proposed project, including an8 ticipated private and public benefits relative to 

9 the costs of the proposed project and factoring 

10 in the other considerations described in para11 graph (2); and 

12 ‘‘(B) projects that improve service to, or 

13 provide direct benefits to, socially disadvantaged 

14 individuals (as defined in section 22906(b)), in15 cluding relocating or mitigating infrastructure 

16 that limits community connectivity, including 

17 mobility, access, or economic development of 

18 such individuals.’’; and 

19 (B) in paragraph (3) by striking ‘‘para20 graph (1)(B)’’ and inserting ‘‘paragraph 

21 (1)(A)’’; 

22 (4) in subsection (h)(2) by inserting ‘‘, except 

23 that a grant for a capital project involving zero24 emission locomotive technologies shall not exceed an 


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1 amount in excess of 90 percent of the total project 

2 costs’’ before the period. 

3 (5) by redesignating subsections (i), (j), and (k) 

4 as subsections (l), (m), and (n) respectively; and 

5 (6) by inserting after subsection (h) the fol6 lowing: 

7 ‘‘(i) LARGE PROJECTS.—Of the amounts made avail8 able under this section, at least 25 percent shall be for 

9 projects that have total project costs of greater than 

10 $100,000,000. 

11 ‘‘(j) COMMUTER RAIL.— 

12 ‘‘(1) ADMINISTRATION OF FUNDS.—The 

13 amounts awarded under this section for commuter 

14 rail passenger transportation projects shall be trans15 ferred by the Secretary, after selection, to the Fed16 eral Transit Administration for administration of 

17 funds in accordance with chapter 53. 

18 ‘‘(2) GRANT CONDITION.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding sec20 tion 22905(f)(1) and 22907(j)(1), as a condi21 tion of receiving a grant under this section that 

22 is used to acquire, construct, or improve rail23 road right-of-way or facilities, any employee 

24 covered by the Railway Labor Act (45 U.S.C. 

25 151 et seq.) and the Railroad Retirement Act 


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1 of 1974 (45 U.S.C. 231 et seq.) who is ad2 versely affected by actions taken in connection 

3 with the project financed in whole or in part by 

4 such grant shall be covered by employee protec5 tive arrangements established under section 

6 22905(e). 

7 ‘‘(B) APPLICATION OF PROTECTIVE AR8 RANGEMENT.—The grant recipient and the suc9 cessors, assigns, and contractors of such recipi10 ent shall be bound by the protective arrange11 ments required under subparagraph (A). Such 

12 recipient shall be responsible for the implemen13 tation of such arrangement and for the obliga14 tions under such arrangement, but may arrange 

15 for another entity to take initial responsibility 

16 for compliance with the conditions of such ar17 rangement. 

18 ‘‘(3) APPLICATION OF LAW.—Subsection (g) of 

19 section 22905 shall not apply to grants awarded 

20 under this section for commuter rail passenger 

21 transportation projects. 

22 ‘‘(k) DEFINITION OF CAPITAL PROJECT.—In this 

23 section, the term ‘capital project’ means a project or pro24 gram for— 


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1 ‘‘(1) acquiring, constructing, improving, or in2 specting equipment, track and track structures, or a 

3 facility, expenses incidental to acquisition or con4 struction (including project-level planning, designing, 

5 engineering, location surveying, mapping, environ6 mental studies, and acquiring right-of-way), pay7 ments for rail trackage rights agreements, highway8 rail grade crossing improvements, mitigating envi9 ronmental impacts, communication and signalization 

10 improvements, relocation assistance, acquiring re11 placement housing sites, and acquiring, constructing, 

12 relocating, and rehabilitating replacement housing; 

13 ‘‘(2) rehabilitating, remanufacturing, or over14 hauling rail rolling stock and facilities; 

15 ‘‘(3) costs associated with developing State or 

16 multi-State regional rail plans; and 

17 ‘‘(4) the first-dollar liability costs for insurance 

18 related to the provision of intercity passenger rail 

19 service under section 22904.’’; and 

20 (7) by striking subsection (l). 

21 SEC. 9104. RAILROAD REHABILITATION AND IMPROVE22 MENT FINANCING. 

23 (a) IN GENERAL.—Section 502 of the Railroad Revi24 talization and Regulatory Reform Act of 1976 (45 U.S.C. 

25 822) is amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (A) by inserting 

4 ‘‘civil works such as cuts and fills, stations, 

5 tunnels,’’ after ‘‘components of track,’’; 

6 and 

7 (ii) in subparagraph (D) by inserting 

8 ‘‘, permitting,’’ after ‘‘reimburse plan9 ning’’; and 

10 (B) by striking paragraph (3); 

11 (2) by striking subsection (e)(1) and inserting 

12 the following: 

13 ‘‘(1) DIRECT LOANS.—The interest rate on a 

14 direct loan under this section shall be not less than 

15 the yield on United States Treasury securities of a 

16 similar maturity to the maturity of the direct loan 

17 on the date of execution of the loan agreement.’’; 

18 (3) in subsection (f)— 

19 (A) in paragraph (1) by adding ‘‘The Sec20 retary shall only apply appropriations of budget 

21 authority to cover the costs of direct loans and 

22 loan guarantees as required under section 

23 504(b)(1) of the Federal Credit Reform Act of 

24 1990 (2 U.S.C. 661c(b)(1)), including the cost 

25 of a modification thereof, in whole or in part, 


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1 for entities described in paragraphs (1) through 

2 (3) of subsection (a).’’ at the end; 

3 (B) in paragraph (3) by striking subpara4 graph (C) and inserting the following: 

5 ‘‘(C) An investment-grade rating on the di6 rect loan or loan guarantee, as applicable, if the 

7 total amount of the direct loan or loan guar8 antee is less than $100,000,000. 

9 ‘‘(D) In the case of a total amount of a di10 rect loan or loan guarantee greater than 

11 $100,000,000, an investment-grade rating from 

12 at least 2 rating agencies on the direct loan or 

13 loan guarantee, or an investment-grade rating 

14 on the direct loan or loan guarantee and a pro15 jection of freight or passenger demand for the 

16 project based on regionally developed economic 

17 forecasts, including projections of any modal di18 version resulting from the project.’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(5) REPAYMENT OF CREDIT RISK PRE21 MIUMS.—The Secretary shall return credit risk pre22 miums paid, and interest accrued thereon, to the 

23 original source when all obligations of a loan or loan 

24 guarantee have been satisfied. This paragraph ap25 plies to any project that has been granted assistance 


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1 under this section after the date of enactment of the 

2 TRAIN Act.’’; and 

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

4 ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 

5 provided under this section may be used as the non-Fed6 eral share of project costs under this title or chapter 53 

7 of title 49 if such loan is repayable from non-Federal 

8 funds. 

9 ‘‘(o) BUY AMERICA.— 

10 ‘‘(1) IN GENERAL.—In awarding direct loans or 

11 loan guarantees under this section, the Secretary 

12 shall require each recipient to comply with section 

13 22905(a) of title 49, United States Code. 

14 ‘‘(2) SPECIFIC COMPLIANCE.—Notwithstanding 

15 paragraph (1), the Secretary shall require— 

16 ‘‘(A) Amtrak to comply with section 

17 24305(f) of title 49, United States Code; and 

18 ‘‘(B) a commuter authority (as defined in 

19 section 24102 of title 49, United States Code) 

20 to comply with section 5320 of title 49, United 

21 States Code.’’. 

22 (b) GUIDANCE.—Not later than 9 months after the 

23 date of enactment of this Act, the Secretary shall publish 

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1 form Act of 1976 (45 U.S.C. 822) information regarding 

2 the types of data, assumptions, and other factors typically 

3 used to calculate credit risk premiums required under sub4 section (f) of such section. Such guidance shall include in5 formation to help applicants understand how different fac6 tors may increase or decrease such credit risk premiums. 

7 SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) 

8 GRANT PROGRAM. 

9 (a) IN GENERAL.—Chapter 229 of title 49, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 22909. Bridges, stations, and tunnels (BeST) grant 

13 program 

14 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

15 shall establish a program (in this section referred to as 

16 the ‘BeST Program’) to provide grants to eligible entities 

17 for major capital projects included in the BeST Inventory 

18 established under subsection (b) for rail bridges, stations, 

19 and tunnels that are publicly owned or owned by Amtrak 

20 to enable safety, capacity, and mobility improvements. 

21 ‘‘(b) INVENTORY.— 

22 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

23 after the date of enactment of the TRAIN Act, the 

24 Secretary shall establish, and publish on the website 

25 of the Department of Transportation an inventory 


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1 (in this section referred to as the ‘BeST Inventory’) 

2 for publicly owned and Amtrak owned major capital 

3 projects designated by the Secretary to be eligible 

4 for funding under this section. The BeST Inventory 

5 shall include major capital projects to acquire, refur6 bish, rehabilitate, or replace rail bridges, stations, or 

7 tunnels and any associated and co-located projects. 

8 ‘‘(2) CONSIDERATIONS.—In selecting projects 

9 for inclusion in the BeST Inventory, the Secretary 

10 shall give priority to projects that provide the most 

11 benefit for intercity passenger rail service in relation 

12 to projected costs and that are less likely to secure 

13 all of the funding required from other sources. 

14 ‘‘(3) UPDATES TO BEST INVENTORY.—Every 2 

15 years after the establishment of the BeST Inventory 

16 under paragraph (1), the Secretary shall update the 

17 Inventory in its annual budget justification. 

18 ‘‘(4) ELIGIBILITY FOR BEST INVENTORY.— 

19 Projects included in the BeST Inventory— 

20 ‘‘(A) shall be— 

21 ‘‘(i) consistent with the record of deci22 sion issued by the Federal Railroad Ad23 ministration in July 2017 titled ‘NEC FU24 TURE: A Rail Investment Plan for the 


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1 Northeast Corridor’ (known as the ‘Se2 lected Alternative’); 

3 ‘‘(ii) consistent with the most recent 

4 service development plan under section 

5 24904(a) (hereinafter in this section re6 ferred to as the ‘Service Development 

7 Plan’); and 

8 ‘‘(iii) located in a territory for which 

9 a cost allocation policy is maintained pur10 suant to section 24905(c) of such title; or 

11 ‘‘(B) shall be consistent with a multi-state 

12 regional planning document equivalent to the 

13 document referred to in subparagraph (A)(i) 

14 with a completed Tier I environmental review of 

15 such document pursuant to the National Envi16 ronmental Policy Act of 1969 (42 U.S.C. 4321 

17 et seq.). 

18 ‘‘(5) PROJECT FUNDING SEQUENCING.—The 

19 Secretary shall determine the order of priority for 

20 projects in the BeST Inventory based on projects 

21 identified in paragraph (4) and project management 

22 plans as described in subsection (d). The Secretary 

23 may alter the BeST Inventory as necessary if appli24 cants are not carrying out the schedule identified in 

25 the Inventory. 


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1 ‘‘(6) TERMS.—The Secretary shall ensure the 

2 BeST Inventory establishes, for each project in3 cluded in such Inventory— 

4 ‘‘(A) the roles and terms of participation 

5 by any rail bridge, station, or tunnel owners 

6 and railroad carriers in the project; and 

7 ‘‘(B) the timeline for such project that en8 sures efficient completion of the project. 

9 ‘‘(7) SPECIAL FINANCIAL RULES.— 

10 ‘‘(A) IN GENERAL.—Projects listed in the 

11 BeST Inventory may include an agreement with 

12 a commitment, contingent on future amounts to 

13 be specified in law for commitments under this 

14 paragraph, to obligate an additional amount 

15 from future available budget authority specified 

16 in law. 

17 ‘‘(B) STATEMENT OF CONTINGENT COM18 MITMENT.—An obligation or administrative 

19 commitment under this paragraph may be made 

20 only when amounts are appropriated. An agree21 ment shall state that any contingent commit22 ment is not an obligation of the Federal Gov23 ernment, and is subject to the availability of ap24 propriations under Federal law and to Federal 


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1 laws in force or enacted after the date of the 

2 contingent commitment. 

3 ‘‘(C) FINANCING COSTS.—Financing costs 

4 of carrying out the project may be considered a 

5 cost of carrying out the project under the BeST 

6 Inventory. 

7 ‘‘(c) EXPENDITURE OF FUNDS.— 

8 ‘‘(1) APPLICATION OF LAW.—The non-Federal 

9 share for a grant provided under this section shall 

10 be calculated in accordance with section 24905(c) or 

11 section 24712(a)(7) if either such section are appli12 cable to the railroad territory at the project location. 

13 ‘‘(2) FEDERAL SHARE OF TOTAL PROJECT

14 COSTS.—The Federal share for the total cost of a 

15 project under this section shall be 90 percent. A re16 cipient of funds under this section may use any 

17 source of funds, including other Federal financial as18 sistance to satisfy the non-Federal funds require19 ment. 

20 ‘‘(3) AVAILABILITY OF FUNDS.—Funds made 

21 available under this section shall remain available 

22 for obligation by the Secretary for a period of 10 

23 years after the last day of the fiscal year for which 

24 the funds are appropriated, and remain available for 


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1 expenditure by the recipient of grant funds without 

2 fiscal year limitation. 

3 ‘‘(4) ELIGIBLE USES.—Funds made available 

4 under this section may be used for projects con5 tained in the most recent BeST Inventory, including 

6 pre-construction expenses and the acquisition of real 

7 property interests. 

8 ‘‘(5) FUNDS AWARDED TO AMTRAK.—Grants 

9 made to Amtrak shall be provided in accordance 

10 with the requirements of section 24319. 

11 ‘‘(6) GRANT CONDITIONS.—Except as provided 

12 in this section, the use of any amounts made avail13 able for grants under this section shall be subject to 

14 the grant requirements in section 22905. 

15 ‘‘(d) PROGRAM MANAGEMENT.— 

16 ‘‘(1) SUBMISSION OF PROJECT MANAGEMENT

17 PLANS.—The Secretary shall establish a process, in18 cluding specifying formats, methods, and procedures, 

19 for applicants to submit a project management plan 

20 to the Secretary for a project in the BeST Inven21 tory. Consistent with requirements in section 22903, 

22 project management plans shall— 

23 ‘‘(A) describe the schedules, management 

24 actions, workforce availability, interagency 

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1 ability, and other factors that will determine the 

2 entity’s ability to carry out a project included in 

3 the BeST Inventory; and 

4 ‘‘(B) be updated and resubmitted in ac5 cordance with this subsection every 2 years ac6 cording to the schedule in the most recent Serv7 ice Development Plan, or equivalent multi-state 

8 regional planning document with a completed 

9 Tier I environmental review conducted pursuant 

10 to the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.). 

12 ‘‘(2) NORTHEAST CORRIDOR PROJECTS.—For 

13 projects on the Northeast Corridor, an applicant 

14 shall submit such project management plan to the 

15 Northeast Corridor Commission. Upon receipt of 

16 such plan, the Northeast Corridor Commission shall 

17 submit to the Secretary an updated Service Develop18 ment Plan that describes the schedule and sequenc19 ing of all capital projects on the Northeast Corridor, 

20 including estimates of the amount each sponsor enti21 ty will need in program funding for each of the next 

22 2 fiscal years to carry out the entity’s projects ac23 cording to the Service Development Plan. 

24 ‘‘(e) COST METHODOLOGY POLICY REQUIRE25 MENTS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

2 that recipients of funds under this section adhere to 

3 the policies established pursuant to 24905(c) or sec4 tion 209 of the Passenger Rail Investment and Im5 provement Act of 2008 (49 U.S.C. 24101 note), or 

6 any updates to any such cost methodology policy. 

7 ‘‘(2) PENALTY FOR NONCOMPLIANCE.—If such 

8 recipient does not maintain adherence to the policies 

9 described in paragraph (1), the Secretary may with10 hold funds under this subsection from such recipient 

11 up to the amount of the recipient’s shortfall, and, if 

12 the shortfall is not remedied after a reasonable pe13 riod, may permanently reallocate such funds to other 

14 recipients. 

15 ‘‘(f) DEFINITIONS.—In this section: 

16 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means— 

18 ‘‘(A) a State; 

19 ‘‘(B) a group of States; 

20 ‘‘(C) an Interstate Compact; 

21 ‘‘(D) a public agency or publicly chartered 

22 authority established by one or more States; 

23 ‘‘(E) a political subdivision of a State; 

24 ‘‘(F) Amtrak acting on its own behalf or in 

25 partnership with 1 or more States; or 


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1 ‘‘(G) any combination of the entities listed 

2 in subparagraphs (A) through (F). 

3 ‘‘(2) MAJOR CAPITAL PROJECT.—The term 

4 ‘major capital project’ means a rail bridge, station, 

5 or tunnel project related to intercity passenger rail 

6 service that has a total project cost of at least 

7 $500,000,000. 

8 ‘‘(3) NORTHEAST CORRIDOR.—The term 

9 ‘Northeast Corridor’ has the meaning given the term 

10 in section 24904(e). 

11 ‘‘(4) PUBLICLY OWNED.—The term ‘publicly 

12 owned’ means major capital projects that are at 

13 least partially owned or planned to be owned by the 

14 Federal Government or an eligible entity. 

15 ‘‘(5) CO-LOCATED PROJECT.—The term ‘co-lo16 cated project’ means a capital project that is adja17 cent to a major capital project and can be carried 

18 out during the same period.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 229 of title 49, United States Code, is amended by 

21 adding at the end the following: 

‘‘22909. Bridges, stations, and tunnels (BeST) grant program.’’. 

22 SEC. 9106. BUY AMERICA. 

23 Section 22905(a) of title 49, United States Code, is 

24 amended— 

25 (1) in paragraph (2)— 


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1 (A) in subparagraph (B) by adding ‘‘or’’ at 

2 the end; 

3 (B) by striking subparagraph (C); and 

4 (C) by redesignating subparagraph (D) as 

5 subparagraph (C); 

6 (2) by striking paragraph (4) and inserting the 

7 following: 

8 ‘‘(4)(A) If the Secretary receives a request for 

9 a waiver under paragraph (2), the Secretary shall 

10 provide notice of and an opportunity for public com11 ment on the request at least 30 days before making 

12 a finding based on the request. 

13 ‘‘(B) A notice provided under subparagraph (A) 

14 shall— 

15 ‘‘(i) include the information available to 

16 the Secretary concerning the request, including 

17 whether the request is being made under sub18 paragraph (A), (B), or (C) of paragraph (2); 

19 and 

20 ‘‘(ii) be provided by electronic means, in21 cluding on the official public website of the De22 partment of Transportation.’’; 

23 (3) in paragraph (5)— 

24 (A) by striking ‘‘2012’’ and inserting 

25 ‘‘2020, and each year thereafter’’; and 


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1 (B) by inserting ‘‘during the preceding fis2 cal year’’ before the period; and 

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

4 ‘‘(12) The requirements of this subsection apply 

5 to all contracts for a project carried out within the 

6 scope of the applicable finding, determination, or de7 cisions under the National Environmental Policy Act 

8 of 1969 (42 U.S.C. 4321 et seq.), regardless of the 

9 funding source for activities carried out pursuant to 

10 such contracts, if at least 1 contract for the project 

11 is funded with amounts made available to carry out 

12 a provision specified in paragraph (1).’’. 

13 TITLE II—AMTRAK REFORMS 

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

15 Section 24101 of title 49, United States Code, is 

16 amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘, to the extent its 

20 budget allows,’’; and 

21 (ii) by striking ‘‘between crowded 

22 urban areas and in other areas of’’ and in23 serting ‘‘throughout’’; 

24 (B) in paragraph (2) by striking the period 

25 and inserting ‘‘, thereby providing additional 


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1 capacity for the traveling public and widespread 

2 air quality benefits.’’; 

3 (C) in paragraph (4)— 

4 (i) by striking ‘‘greater’’ and inserting 

5 ‘‘high’’; and 

6 (ii) by striking ‘‘to Amtrak to achieve 

7 a performance level sufficient to justify ex8 pending public money’’ and inserting ‘‘in 

9 order to meet the intercity passenger rail 

10 needs of the United States’’; 

11 (D) in paragraph (5)— 

12 (i) by inserting ‘‘intercity and’’ after 

13 ‘‘efficient’’; and 

14 (ii) by striking ‘‘the energy conserva15 tion and self-sufficiency’’ and inserting 

16 ‘‘addressing climate change, energy con17 servation, and self-sufficiency’’; 

18 (E) in paragraph (6) by striking ‘‘through 

19 its subsidiary, Amtrak Commuter,’’; and 

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

21 ‘‘(9) Long-distance intercity passenger rail pro22 vides economic benefits to rural communities and of23 fers intercity travel opportunities where such options 

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1 senger rail an important part of the national trans2 portation system. 

3 ‘‘(10) The Northeast Corridor, long-distance 

4 routes, and State-supported routes are inter5 connected and collectively provide national rail pas6 senger transportation. 

7 ‘‘(11) Investments in intercity and commuter 

8 rail passenger transportation support jobs that pro9 vide a pathway to the middle class.’’; 

10 (2) in subsection (b) by striking ‘‘The’’ and all 

11 that follows through ‘‘consistent’’ and inserting 

12 ‘‘The mission of Amtrak is to provide a safe, effi13 cient, and high-quality national intercity passenger 

14 rail system that is trip-time competitive with other 

15 intercity travel options, consistent’’; 

16 (3) in subsection (c)— 

17 (A) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) use its best business judgment in acting to 

20 maximize the benefits of public funding;’’; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘minimize Government 

23 subsidies by encouraging’’ and inserting 

24 ‘‘work with’’; and 


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1 (ii) by striking the semicolon and in2 serting ‘‘and improvements to service;’’; 

3 (C) by striking paragraph (3) and insert4 ing the following: 

5 ‘‘(3) manage the passenger rail network in the 

6 interest of public transportation needs, including 

7 current and future Amtrak passengers;’’; 

8 (D) in paragraph (7) by striking ‘‘encour9 age’’ and inserting ‘‘work with’’; 

10 (E) in paragraph (11) by striking ‘‘and’’ 

11 the last place it appears; and 

12 (F) by striking paragraph (12) and insert13 ing the following: 

14 ‘‘(12) utilize and manage resources with a long15 term perspective, including sound investments that 

16 take into account the overall lifecycle costs of an 

17 asset; 

18 ‘‘(13) ensure that service is accessible and ac19 commodating to passengers with disabilities; and 

20 ‘‘(14) maximize the benefits Amtrak generates 

21 for the United States by creating quality jobs and 

22 supporting the domestic workforce.’’; and 

23 (4) by striking subsection (d). 


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1 SEC. 9202. AMTRAK STATUS. 

2 Section 24301(a) of title 49, United States Code, is 

3 amended— 

4 (1) in paragraph (1) by striking ‘‘20102(2)’’ 

5 and inserting ‘‘20102’’; and 

6 (2) in paragraph (2) by inserting ‘‘serving the 

7 public interest in reliable passenger rail service’’ 

8 after ‘‘for-profit corporation’’. 

9 SEC. 9203. BOARD OF DIRECTORS. 

10 (a) IN GENERAL.—Section 24302 of title 49, United 

11 States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (B) by striking 

15 ‘‘President of Amtrak’’ and inserting 

16 ‘‘Chief Executive Officer of Amtrak’’; and 

17 (ii) by striking subparagraph (C) and 

18 inserting the following: 

19 ‘‘(C) 8 individuals appointed by the Presi20 dent of the United States, by and with the ad21 vice and consent of the Senate, with a record of 

22 support for national intercity passenger rail 

23 service. Of the individuals appointed— 

24 ‘‘(i) 1 shall be a Mayor or Governor of 

25 a location served by a regularly scheduled 

26 Amtrak service on the Northeast Corridor; 


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1 ‘‘(ii) 1 shall be a Mayor or Governor 

2 of a location served by a regularly sched3 uled Amtrak service that is not on the 

4 Northeast Corridor; 

5 ‘‘(iii) 1 shall be a representative of 

6 Amtrak employees; 

7 ‘‘(iv) 1 shall be an individual with a 

8 history of regular Amtrak ridership and an 

9 understanding of the concerns of intercity 

10 rail passengers; 

11 ‘‘(v) 1 shall be an individual with— 

12 ‘‘(I) demonstrated experience or 

13 demonstrated interest in the North14 east Corridor and the National Net15 work; and 

16 ‘‘(II) industry experience or 

17 qualifications in transportation, 

18 freight and passenger rail transpor19 tation, travel, or passenger air trans20 portation; and 

21 ‘‘(vi) 1 shall be an individual with 

22 general business and financial experience 

23 who has demonstrated experience or dem24 onstrated interest in the Northeast Cor25 ridor and the National Network.’’; 


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1 (B) in paragraph (2) by inserting ‘‘users of 

2 Amtrak, including the elderly and individuals 

3 with disabilities, and’’ after ‘‘and balanced rep4 resentation of’’; 

5 (C) in paragraph (3)— 

6 (i) by striking ‘‘Not more than 5’’ and 

7 inserting ‘‘Not more than 4’’; and 

8 (ii) by adding at the end the fol9 lowing: ‘‘A member of the Board appointed 

10 under clause (i) or (ii) of paragraph (1)(C) 

11 shall serve for a term of 5 years or until 

12 such member leaves the elected office such 

13 member occupied at the time such member 

14 was appointed, whichever is first.’’; 

15 (D) in paragraph (4) by striking ‘‘Presi16 dent’’ and inserting ‘‘Chief Executive Officer’’; 

17 and 

18 (E) by striking paragraph (5) and insert19 ing the following: 

20 ‘‘(5) The Secretary and any Governor of a 

21 State may be represented at a Board meeting by a 

22 designee.’’; 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘PAY AND EXPENSES’’ and 

25 inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and 


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1 (B) by inserting ‘‘Each director must con2 sider the well-being of current and future Am3 trak passengers, the public interest in sustain4 able national passenger rail service, and balance 

5 the preceding considerations with the fiduciary 

6 responsibilities of the director and the mission 

7 and goals of Amtrak.’’ before ‘‘Each director 

8 not employed by the United States Government 

9 or Amtrak’’; and 

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

11 ‘‘(g) GOVERNOR DEFINED.—In this section, the term 

12 ‘Governor’ means the Governor of a State or the Mayor 

13 of the District of Columbia and includes a designee of the 

14 Governor.’’. 

15 (b) TIMING OF NEW BOARD REQUIREMENTS.—The 

16 appointment and membership requirements under section 

17 24302 of title 49, United States Code (as amended by this 

18 Act), shall apply to any member of the Board appointed 

19 pursuant to subsection (a)(1)(C) of such section who is 

20 appointed on or after the date of enactment of this Act. 

21 SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT. 

22 (a) IN GENERAL.—Section 24308(c) of title 49, 

23 United States Code, is amended by adding at the end the 

24 following: ‘‘Notwithstanding section 24103(a) and section 

25 24308(f), Amtrak shall have the right to bring an action 


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1 for equitable or other relief in the United States District 

2 Court for the District of Columbia to enforce the pref3 erence rights granted under this subsection.’’. 

4 (b) CONFORMING AMENDMENT.—Section 24103 of 

5 title 49, United States Code, is amended by inserting ‘‘and 

6 section 24308(c)’’ before ‘‘, only the Attorney General’’. 

7 SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES 

8 TO AMTRAK. 

9 Section 24308(e) of title 49, United States Code, is 

10 amended— 

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

12 following: 

13 ‘‘(1)(A) When a rail carrier does not agree to 

14 allow Amtrak to operate additional trains in accord15 ance with proposed schedules over any rail line of 

16 the carrier on which Amtrak is operating or seeks to 

17 operate, Amtrak may submit an application to the 

18 Board for an order requiring the carrier to allow for 

19 the operation of the requested trains. Not later than 

20 90 days after receipt of such application, the Board 

21 shall determine whether the additional trains would 

22 unreasonably impair freight transportation and— 

23 ‘‘(i) upon a determination that such trains 

24 do not unreasonably impair freight transpor25 tation, order the rail carrier to allow for the opVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 eration of such trains on a schedule established 

2 by the Board; or 

3 ‘‘(ii) upon a determination that such trains 

4 do unreasonably impair freight transportation, 

5 initiate a proceeding to determine any addi6 tional infrastructure investments required by, 

7 or on behalf of, Amtrak. 

8 ‘‘(B) If Amtrak seeks to resume operation of a 

9 train that Amtrak operated during the 5-year period 

10 preceding an application described in subparagraph 

11 (A), the Board shall apply a presumption that the 

12 resumed operation of such train will not unreason13 ably impair freight transportation unless the Board 

14 finds that there are substantially changed cir15 cumstances.’’; 

16 (2) in paragraph (2)— 

17 (A) by striking ‘‘The Board shall consider’’ 

18 and inserting ‘‘The Board shall’’; 

19 (B) by striking subparagraph (A) and in20 serting the following: 

21 ‘‘(A) in making the determination under para22 graph (1), take into account any infrastructure in23 vestments previously made by, or on behalf of, Am24 trak, or proposed in Amtrak’s application, with the 

25 rail carrier having the burden of demonstrating that 


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1 the additional trains will unreasonably impair the 

2 freight transportation; and’’; and 

3 (C) in subparagraph (B) by inserting ‘‘con4 sider investments described in subparagraph 

5 (A) and’’ after ‘‘times,’’; and 

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

7 ‘‘(4) In a proceeding initiated by the Board 

8 under paragraph (1)(A)(ii), the Board shall solicit 

9 the views of the parties and require the parties to 

10 provide any necessary data or information. Not later 

11 than 180 days after the date on which the Board 

12 makes a determination under paragraph (1)(A)(ii), 

13 the Board shall issue an order requiring the rail car14 rier to allow for the operation of the requested trains 

15 provided that any conditions enumerated by the 

16 Board are met. In determining the necessary level of 

17 additional infrastructure or other investments need18 ed to mitigate unreasonable interference, the Board 

19 shall use any criteria, assumptions, and processes it 

20 considers appropriate. 

21 ‘‘(5) The provisions of this subsection shall be 

22 in addition to any other statutory or contractual 

23 remedies Amtrak may have with respect to operating 

24 the additional trains.’’. 


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1 SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION. 

2 (a) IN GENERAL.—Section 28103 of title 49, United 

3 States Code, is amended— 

4 (1) by redesignating subsection (e) as sub5 section (f); and 

6 (2) by inserting after subsection (d) the fol7 lowing: 

8 ‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 

9 ‘‘(1) IN GENERAL.—Amtrak may not impose a 

10 choice-of-forum clause that attempts to preclude a 

11 passenger, or a person who purchases a ticket for 

12 rail transportation on behalf of a passenger, from 

13 bringing a claim against Amtrak in any court of 

14 competent jurisdiction, including a court within the 

15 jurisdiction of the residence of such passenger in the 

16 United States (provided that Amtrak does business 

17 within that jurisdiction). 

18 ‘‘(2) COURT OF COMPETENT JURISDICTION.— 

19 Under this subsection, a court of competent jurisdic20 tion may not include an arbitration forum.’’. 

21 (b) EFFECTIVE DATE.—This section, and the amend22 ments made by this section, shall apply to any claim that 

23 arises on or after the date of enactment of this Act. 

24 SEC. 9207. AMTRAK ADA ASSESSMENT. 

25 (a) ASSESSMENT.—Amtrak shall conduct an assess26 ment and review of all Amtrak policies, procedures, protoVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 01102 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 cols, and guidelines for compliance with the requirements 

2 of the Americans With Disabilities Act of 1990 (42 U.S.C. 

3 12101 et seq.). 

4 (b) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, Amtrak shall submit to the Com6 mittee on Transportation and Infrastructure of the House 

7 of Representatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate a report on the 

9 results of the assessment conducted under subsection (a). 

10 (c) CONTENTS.—The report required under sub11 section (b) shall include— 

12 (1) a summary of the policies, procedures, pro13 tocols, and guidelines reviewed; 

14 (2) any necessary changes to such policies, pro15 cedures, protocols, and guidelines to ensure compli16 ance with the Americans With Disabilities Act of 

17 1990 (42 U.S.C. 12101 et seq.), including full com18 pliance under such Act for stations and facilities for 

19 which Amtrak has responsibility under such Act and 

20 consideration of the needs of individuals with disabil21 ities when procuring rolling stock and setting ticket 

22 fares; and 

23 (3) an implementation plan and timeline for 

24 making any such necessary changes. 


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1 (d) ENGAGEMENT.—Amtrak shall engage with a 

2 range of advocates for individuals with disabilities during 

3 the assessment conducted under subsection (a), and de4 velop an ongoing and standardized process for engagement 

5 with advocates for individuals with disabilities. 

6 (e) PERIODIC EVALUATION.—At least once every 2 

7 years, Amtrak shall review and update, as necessary, Am8 trak policies, procedures, protocols, and guidelines to en9 sure compliance with the Americans With Disabilities Act 

10 of 1990 (42 U.S.C. 12101 et seq.). 

11 SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS. 

12 (a) IN GENERAL.—Chapter 243 of title 49, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 24323. Prohibition on smoking on Amtrak trains 

16 ‘‘(a) PROHIBITION.—Beginning on the date of enact17 ment of the TRAIN Act, Amtrak shall prohibit smoking 

18 on board Amtrak trains. 

19 ‘‘(b) ELECTRONIC CIGARETTES.— 

20 ‘‘(1) INCLUSION.—The use of an electronic cig21 arette shall be treated as smoking for purposes of 

22 this section. 

23 ‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In 

24 this section, the term ‘electronic cigarette’ means a 

25 device that delivers nicotine or other substances to 


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1 a user of the device in the form of a vapor that is 

2 inhaled to simulate the experience of smoking.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 243 of title 49, United States Code, is amended 

5 by adding at the end the following: 

‘‘24323. Prohibition on smoking on Amtrak trains.’’. 

6 SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AM7 TRAK. 

8 Section 24712 of title 49, United States Code, is 

9 amended to read as follows: 

10 ‘‘§ 24712. State-supported routes operated by Amtrak 

11 ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 

12 ‘‘(1) ESTABLISHMENT.—Not later than 180 

13 days after the date of enactment of the Passenger 

14 Rail Reform and Investment Act of 2015, the Sec15 retary of Transportation shall establish the State16 Supported Route Committee (referred to in this sec17 tion as the ‘Committee’) to promote mutual coopera18 tion and planning pertaining to the current and fu19 ture rail operations of Amtrak and related activities 

20 of trains operated by Amtrak on State-supported 

21 routes and to further implement section 209 of the 

22 Passenger Rail Investment and Improvement Act of 

23 2008 (49 U.S.C. 24101 note). 

24 ‘‘(2) MEMBERSHIP.— 


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1 ‘‘(A) IN GENERAL.—The Committee shall 

2 consist of— 

3 ‘‘(i) members representing Amtrak; 

4 ‘‘(ii) members representing the De5 partment of Transportation, including the 

6 Federal Railroad Administration; and 

7 ‘‘(iii) members representing States. 

8 ‘‘(B) NON-VOTING MEMBERS.—The Com9 mittee may invite and accept other non-voting 

10 members to participate in Committee activities, 

11 as appropriate. 

12 ‘‘(3) DECISIONMAKING.—The Committee shall 

13 establish a bloc voting system under which, at a 

14 minimum— 

15 ‘‘(A) there are 3 separate voting blocs to 

16 represent the Committee’s voting members, in17 cluding— 

18 ‘‘(i) 1 voting bloc to represent the 

19 members described in paragraph (2)(A)(i); 

20 ‘‘(ii) 1 voting bloc to represent the 

21 members described in paragraph (2)(A)(ii); 

22 and 

23 ‘‘(iii) 1 voting bloc to represent the 

24 members described in paragraph 

25 (2)(A)(iii); 


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1 ‘‘(B) each voting bloc has 1 vote; 

2 ‘‘(C) the votes of the voting bloc rep3 resenting the members described in paragraph 

4 (2)(A)(iii) requires the support of at least two5 thirds of that voting bloc’s members; and 

6 ‘‘(D) the Committee makes decisions by 

7 unanimous consent of the 3 voting blocs. 

8 ‘‘(4) ABILITY TO CONDUCT CERTAIN BUSI9 NESS.—If all members of a voting bloc described in 

10 paragraph (3) abstain from a Committee decision, 

11 agreement between the other voting blocs consistent 

12 with the procedures set forth in paragraph (3) shall 

13 be deemed unanimous consent. 

14 ‘‘(5) MEETINGS; RULES AND PROCEDURES.— 

15 The Committee shall define and periodically update 

16 the rules and procedures governing the Committee’s 

17 proceedings. The rules and procedures shall— 

18 ‘‘(A) incorporate and further describe the 

19 decisionmaking procedures to be used in accord20 ance with paragraph (3); and 

21 ‘‘(B) be adopted in accordance with such 

22 decisionmaking procedures. 

23 ‘‘(6) COMMITTEE DECISIONS.—Decisions made 

24 by the Committee in accordance with the CommitVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 01107 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 tee’s rules and procedures, once established, are 

2 binding on all Committee members. 

3 ‘‘(7) COST METHODOLOGY POLICY.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), the Committee may amend the cost 

6 methodology policy required and previously ap7 proved under section 209 of the Passenger Rail 

8 Investment and Improvement Act of 2008 (49 

9 U.S.C. 24101 note). 

10 ‘‘(B) REVISIONS TO COST METHODOLOGY

11 POLICY.— 

12 ‘‘(i) REQUIREMENT TO REVISE AND

13 UPDATE.—Subject to the requirements of 

14 clause (iii), the Committee shall, not later 

15 than March 31, 2022, update the cost 

16 methodology policy required and previously 

17 approved under section 209 of the Pas18 senger Rail Investment and Improvement 

19 Act of 2008 (49 U.S.C. 24101 note). Such 

20 update shall be consistent with the prin21 ciples for revision of the Committee pursu22 ant to such section and consistent with any 

23 subsequent changes to such principles ap24 proved by the Committee. The Committee 

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1 ning in fiscal year 2023 and shall submit 

2 to the Committee on Transportation and 

3 Infrastructure of the House of Representa4 tives and the Committee on Commerce, 

5 Science, and Transportation of the Senate 

6 a report documenting and explaining any 

7 changes to the policy and plans for imple8 mentation not later than 30 days after the 

9 adoption of the updated policy. 

10 ‘‘(ii) IMPLEMENTATION IMPACTS ON

11 FEDERAL FUNDING.—To the extent that a 

12 policy implemented pursuant to clause (i) 

13 assigns to Amtrak costs that were pre14 viously allocated to States, Amtrak shall 

15 request such costs in the general and legis16 lative annual report required by section 

17 24315 or in any appropriate subsequent 

18 Federal funding request for the fiscal year 

19 in which the revised policy is implemented. 

20 ‘‘(iii) PROCEDURES FOR CHANGING

21 METHODOLOGY.—The rules and proce22 dures implemented under paragraph (5) 

23 shall include procedures for changing the 

24 cost methodology policy under this sub25 paragraph, notwithstanding section 209(b) 


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1 of the Passenger Rail Investment and Im2 provement Act (49 U.S.C. 22 24101 note), 

3 and procedures or broad guidelines for 

4 conducting financial planning, including 

5 operating and capital forecasting, report6 ing, and data sharing and governance. 

7 ‘‘(C) REQUIREMENTS.—The cost method8 ology policy shall— 

9 ‘‘(i) ensure equal treatment in the 

10 provision of like services of all States and 

11 groups of States; 

12 ‘‘(ii) assign to each route the costs in13 curred only for the benefit of that route 

14 and a proportionate share, based upon fac15 tors that reasonably reflect relative use, of 

16 costs incurred for the common benefit of 

17 more than 1 route; and 

18 ‘‘(iii) promote increased efficiency in 

19 Amtrak’s operating and capital activities. 

20 ‘‘(b) INVOICES AND REPORTS.— 

21 ‘‘(1) MONTHLY INVOICE.—Not later than April 

22 15, 2016, and monthly thereafter, Amtrak shall pro23 vide to each State that sponsors a State-supported 

24 route a monthly invoice of the cost of operating such 

25 route, including fixed costs and third-party costs. 


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1 ‘‘(2) PLANNING AND DEMAND REPORTS.—A 

2 State shall provide to the Committee and Amtrak 

3 planning and demand reports with respect to a 

4 planned or existing State-supported route. 

5 ‘‘(3) FINANCIAL AND PERFORMANCE RE6 PORTS.—The Committee shall require Amtrak to 

7 provide to the States and the Committee financial 

8 and performance reports at a frequency, and con9 taining such information, as determined appropriate 

10 by the Committee. 

11 ‘‘(c) DISPUTE RESOLUTION.— 

12 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If 

13 a dispute arises with respect to the rules and proce14 dures implemented under subsection (a)(5), an in15 voice or a report provided under subsection (b), im16 plementation or compliance with the cost method17 ology policy developed under section 209 of the Pas18 senger Rail Investment and Improvement Act of 

19 2008 (49 U.S.C. 24101 note) or amended under 

20 subsection (a)(7) of this section, either Amtrak or 

21 the State may request that the Surface Transpor22 tation Board conduct dispute resolution under this 

23 subsection. 

24 ‘‘(2) PROCEDURES.—The Surface Transpor25 tation Board shall establish procedures for resoluVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 01111 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 tion of disputes brought before it under this sub2 section, which may include provision of professional 

3 mediation services. 

4 ‘‘(3) BINDING EFFECT.—A decision of the Sur5 face Transportation Board under this subsection 

6 shall be binding on the parties to the dispute. 

7 ‘‘(4) OBLIGATION.—Nothing in this subsection 

8 shall affect the obligation of a State to pay an 

9 amount related to a State-supported route that a 

10 State sponsors that is not in dispute. 

11 ‘‘(d) ASSISTANCE.— 

12 ‘‘(1) IN GENERAL.—The Secretary may provide 

13 assistance to the parties in the course of negotia14 tions for a contract for operation of a State-sup15 ported route. 

16 ‘‘(2) FINANCIAL ASSISTANCE.—From among 

17 available funds, the Secretary shall provide— 

18 ‘‘(A) financial assistance to Amtrak or 1 or 

19 more States to perform requested independent 

20 technical analysis of issues before the Com21 mittee; and 

22 ‘‘(B) administrative expenses that the Sec23 retary determines necessary. 

24 ‘‘(e) PERFORMANCE METRICS.—In negotiating a con25 tract for operation of a State-supported route, Amtrak 


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1 and the State or States that sponsor the route shall con2 sider including provisions that provide penalties and incen3 tives for performance, including incentives to— 

4 ‘‘(1) increase revenue; 

5 ‘‘(2) reduce costs; 

6 ‘‘(3) finalize contracts by the beginning of the 

7 Federal fiscal year; and 

8 ‘‘(4) require States to promptly make payments 

9 for services delivered. 

10 ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

11 ‘‘(1) IN GENERAL.—The Committee shall de12 velop and annually review and update, as necessary, 

13 a statement of goals, objectives, and associated rec14 ommendations concerning the future of State-sup15 ported routes operated by Amtrak. The statement 

16 shall identify the roles and responsibilities of Com17 mittee members and any other relevant entities, such 

18 as host railroads, in meeting the identified goals and 

19 objectives, or carrying out the recommendations. 

20 The statement shall include a list of capital projects, 

21 including infrastructure, fleet, station, and facility 

22 initiatives, needed to support the growth of State23 supported routes. The Committee may consult with 

24 such relevant entities, as the Committee considers 

25 appropriate, when developing the statement. 


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1 ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS

2 AND OBJECTIVES.—Not later than March 31 of each 

3 year, the Committee shall submit to the Committee 

4 on Commerce, Science, and Transportation of the 

5 Senate and the Committee on Transportation and 

6 Infrastructure of the House of Representatives the 

7 most recent annual update to the statement devel8 oped under paragraph (1). 

9 ‘‘(g) NEW OR EXPANDED STATE-SUPPORTED

10 ROUTES.— 

11 ‘‘(1) COORDINATION AND CONSULTATION.—In 

12 developing a new State-supported route or expand13 ing an existing State-supported route, Amtrak shall 

14 closely coordinate with all States in which such route 

15 operates, and shall consult with the following: 

16 ‘‘(A) The local municipalities in which the 

17 proposed route operates. 

18 ‘‘(B) Commuter authorities and regional 

19 transportation authorities (as such terms are 

20 defined in section 24102) in the areas proposed 

21 to be served by such route. 

22 ‘‘(C) The owner of any rail infrastructure 

23 over which the proposed route operates. 

24 ‘‘(D) Administrator of the Federal Rail25 road Administration. 


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1 ‘‘(E) Other stakeholders, as appropriate. 

2 ‘‘(2) STATE COMMITMENTS.—Notwithstanding 

3 any other provision of law, before beginning con4 struction necessary for, or beginning operation of, a 

5 State-supported route that is initiated or expanded 

6 on or after the date of enactment of the TRAIN 

7 Act, Amtrak shall enter into an agreement with the 

8 State in which the proposed route operates for shar9 ing ongoing fully allocated operating costs and cap10 ital costs in accordance with— 

11 ‘‘(A) the cost methodology policy described 

12 under subsection (a)(7); or 

13 ‘‘(B) the alternative cost methodology 

14 schedule described in paragraph (3). 

15 ‘‘(3) ALTERNATIVE COST METHODOLOGY.— 

16 Under the cost methodology schedule described in 

17 this paragraph, with respect to costs not covered by 

18 revenues for the operation of a State-supported 

19 route, Amtrak shall pay— 

20 ‘‘(A) the share Amtrak otherwise would 

21 have paid under the cost methodology under 

22 subsection (a); and 

23 ‘‘(B) a percentage of the share that the 

24 State otherwise would have paid under the cost 


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1 methodology policy under subsection (a) accord2 ing to the following: 

3 ‘‘(i) Amtrak shall pay up to 100 per4 cent of the capital costs and planning costs 

5 necessary to initiate a new State-supported 

6 route or expand an existing State-sup7 ported route, including planning and devel8 opment, design, and environmental anal9 ysis costs, prior to beginning operations on 

10 the new route. 

11 ‘‘(ii) For the first 2 years of oper12 ation, Amtrak shall pay for 100 percent of 

13 operating costs and capital costs. 

14 ‘‘(iii) For the third year of operation, 

15 Amtrak shall pay 90 percent of operating 

16 costs and capital costs and the State shall 

17 pay the remainder. 

18 ‘‘(iv) For the fourth year of operation, 

19 Amtrak shall pay 80 percent of operating 

20 costs and capital costs and the State shall 

21 pay the remainder 

22 ‘‘(v) For the fifth year of operation, 

23 Amtrak shall pay 50 percent of operating 

24 costs and capital costs and the State shall 

25 pay the remainder. 


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1 ‘‘(vi) For the sixth year of operation 

2 and thereafter, operating costs and capital 

3 costs shall be allocated in accordance with 

4 the cost methodology policy described 

5 under subsection (a) as applicable. 

6 ‘‘(4) DEFINITIONS.—In this subsection, the 

7 terms ‘capital cost’ and ‘operating cost’ shall apply 

8 in the same manner as such terms apply under the 

9 cost methodology policy developed under subsection 

10 (a). 

11 ‘‘(h) COST METHODOLOGY UPDATE AND IMPLEMEN12 TATION REPORT.—Not later than 18 months after an up13 dated cost methodology policy required under subsection 

14 (a)(7)(B) is implemented, the Committee shall submit to 

15 the Committee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee on Com17 merce, Science, and Transportation of the Senate a report 

18 assessing the implementation of the updated policy. 

19 ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE

20 CHANGES.—Amtrak shall provide an update in the general 

21 and legislative annual report required by 24315(b) of 

22 planned or proposed changes to State-supported routes, 

23 including the introduction of new State-supported routes. 

24 In identifying routes to be considered planned or proposed 

25 under this subsection, Amtrak shall— 


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1 ‘‘(1) identify the timeframe in which such 

2 changes could take effect and whether Amtrak has 

3 entered into a commitment with a State under sub4 section (g)(2); and 

5 ‘‘(2) consult with the Committee and any addi6 tional States in which a planned or proposed route 

7 may operate, not less than 120 days before an an8 nual grant request is transmitted to the Secretary. 

9 ‘‘(j) RULE OF CONSTRUCTION.—The decisions of the 

10 Committee— 

11 ‘‘(1) shall pertain to the rail operations of Am12 trak and related activities of trains operated by Am13 trak on State-sponsored routes; and 

14 ‘‘(2) shall not pertain to the rail operations or 

15 related activities of services operated by other rail 

16 carriers on State-supported routes. 

17 ‘‘(k) DEFINITION OF STATE.—In this section, the 

18 term ‘State’ means any of the 50 States, including the 

19 District of Columbia, that sponsor or propose to sponsor 

20 the operation of trains by Amtrak on a State-supported 

21 route, or a public entity that sponsors or proposes to spon22 sor such operation on such a route.’’. 

23 SEC. 9210. AMTRAK POLICE DEPARTMENT. 

24 (a) DEPARTMENT MISSION.—Not later than 180 

25 days after the date of enactment of this Act, Amtrak shall 


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1 identify the mission of the Amtrak Police Department (in 

2 this section referred to as the ‘‘Department’’), including 

3 the scope of the role and priorities of the Department, in 

4 mitigating risks to and ensuring the safety and security 

5 of Amtrak passengers, employees, trains, stations, facili6 ties, and other infrastructure. In identifying such mission, 

7 Amtrak shall consider— 

8 (1) the unique needs of maintaining the safety 

9 and security of Amtrak’s network; and 

10 (2) comparable passenger rail systems and the 

11 mission of the police departments of such rail sys12 tems. 

13 (b) WORKFORCE PLANNING PROCESS.—Not later 

14 than 120 days after identifying the mission of the Depart15 ment under subsection (a), Amtrak shall develop a work16 force planning process that— 

17 (1) ensures adequate employment levels and al18 location of sworn and civilian personnel, including 

19 patrol officers, necessary for fulfilling the Depart20 ment’s mission; and 

21 (2) sets performance goals and metrics for the 

22 Department that align with the mission of the De23 partment and monitors and evaluates the Depart24 ment’s progress toward such goals and metrics. 


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1 (c) CONSIDERATIONS.—In developing the workforce 

2 planning process under subsection (b), Amtrak shall— 

3 (1) identify critical positions, skills, and com4 petencies necessary for fulfilling the Department’s 

5 mission; 

6 (2) analyze employment levels and ensure 

7 that— 

8 (A) an adequate number of civilian and 

9 sworn personnel are allocated across the De10 partment’s 6 geographic divisions, including pa11 trol officers, detectives, canine units, special op12 erations unit, strategic operations, intelligence, 

13 corporate security, the Office of Professional 

14 Responsibilities, and the Office of Chief of Po15 lices; and 

16 (B) patrol officers have an adequate pres17 ence on trains and route segments, and in sta18 tions, facilities, and other infrastructure; 

19 (3) analyze workforce gaps and develop strate20 gies to address any such gaps; 

21 (4) consider risks, including those identified by 

22 Amtrak’s triannual risk assessments; 

23 (5) consider variables, including ridership levels, 

24 miles of right-of-way, crime data, call frequencies, 

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1 load, that comparable passenger rail systems with 

2 similar police departments consider in the develop3 ment of the workforce plans of such systems; and 

4 (6) consider collaboration or coordination with 

5 local, State, Tribal, and Federal agencies, and public 

6 transportation agencies to support the safety and se7 curity of the Amtrak network. 

8 (d) CONSULTATION.—In carrying out this section, 

9 Amtrak shall consult with the Amtrak Police Department 

10 Labor Committee, public safety experts, foreign or domes11 tic entities providing passenger rail service comparable to 

12 Amtrak, and any other relevant entities, as determined by 

13 Amtrak. 

14 (e) REPORTS.— 

15 (1) REPORT ON MISSION OF DEPARTMENT.— 

16 Not later than 10 days after Amtrak identifies the 

17 mission of the Department under subsection (a), 

18 Amtrak shall submit to the Committee on Transpor19 tation and Infrastructure of the House of Represent20 atives and the Committee on Commerce, Science, 

21 and Transportation of the Senate a report con22 taining a description of the mission of the Depart23 ment and the reasons for the content of such mis24 sion. 


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1 (2) REPORT ON WORKFORCE PLANNING PROC2 ESS.—Not later than 10 days after Amtrak com3 pletes the workforce planning process under sub4 section (b), Amtrak shall submit to the Committee 

5 on Transportation and Infrastructure of the House 

6 of Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report 

8 containing the workforce planning process, the un9 derlying data used to develop such process, and how 

10 such process will achieve the Department’s mission. 

11 SEC. 9211. AMTRAK FOOD AND BEVERAGE. 

12 (a) AMTRAK FOOD AND BEVERAGE.—Section 24321 

13 of title 49, United States Code, is amended to read as 

14 follows: 

15 ‘‘§ 24321. Amtrak food and beverage 

16 ‘‘(a) ENSURING ACCESS TO FOOD AND BEVERAGE

17 SERVICES.—On all long-distance routes, Amtrak shall en18 sure that all passengers who travel overnight on such 

19 route shall have access to purchasing the food and bev20 erages that are provided to sleeping car passengers on 

21 such route. 

22 ‘‘(b) FOOD AND BEVERAGE WORKFORCE.— 

23 ‘‘(1) WORKFORCE REQUIREMENT.—Amtrak 

24 shall ensure that any individual onboard a train who 


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1 prepares or provides food and beverages is an Am2 trak 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 

7 section, including any employees who are furloughed 

8 as 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 en11 actment of the Passenger Rail Reform and Investment Act 

12 of 2015 is involuntarily separated because of the develop13 ment and implementation of the plan required by the 

14 amendments 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) 

20 of title 49, United States Code, is amended by strik21 ing ‘‘only if revenues from the services each year at 

22 least 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 re8 ferred to as the ‘‘Working Group’’) to provide rec9 ommendations on Amtrak onboard food and bev10 erage services. 

11 (2) MEMBERSHIP.—The Working Group shall 

12 consist of— 

13 (A) an equal number of individuals rep14 resenting— 

15 (i) Amtrak; 

16 (ii) the labor organizations rep17 resenting Amtrak employees who prepare 

18 or provide onboard food and beverage serv19 ices; 

20 (iii) the State-Supported Route Com21 mittee established by section 24712; and 

22 (iv) nonprofit organizations rep23 resenting Amtrak passengers; and 


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1 (B) an individual with culinary or hospi2 tality expertise agreed to by the members under 

3 clauses (i) through (iv) of subparagraph (A). 

4 (3) RECOMMENDATIONS.— 

5 (A) IN GENERAL.—The Working Group 

6 shall develop recommendations to increase rid7 ership and improve customer satisfaction by— 

8 (i) promoting collaboration and en9 gagement between Amtrak, Amtrak pas10 sengers, and Amtrak employees preparing 

11 or providing onboard food and beverage 

12 services, prior to Amtrak implementing 

13 changes to onboard food and beverage 

14 services; 

15 (ii) improving onboard food and bev16 erage services; and 

17 (iii) improving solicitation, reception, 

18 and consideration of passenger feedback 

19 regarding onboard food and beverage serv20 ices. 

21 (B) CONSIDERATIONS.—In developing the 

22 recommendations under subparagraph (A), the 

23 Working Group shall consider— 

24 (i) the healthfulness of onboard food 

25 and beverages offered, including the ability 


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1 of passengers to address dietary restric2 tions; 

3 (ii) the preparation and delivery of on4 board food and beverages; 

5 (iii) the differing needs of passengers 

6 traveling on long-distance routes, State7 supported routes, and the Northeast Cor8 ridor; 

9 (iv) the reinstatement of the dining 

10 car service on long-distance routes; 

11 (v) Amtrak passenger survey data 

12 about the food and beverages offered on 

13 Amtrak trains; and 

14 (vi) any other issue the Working 

15 Group determines appropriate. 

16 (4) REPORTS.— 

17 (A) INITIAL REPORT.—Not later than 1 

18 year after the date on which the Working 

19 Group is established, the Working Group shall 

20 submit to the Board of Directors of Amtrak, 

21 the Committee on Transportation and Infra22 structure of the House of Representatives, and 

23 the Committee on Commerce, Science, and 

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1 taining the recommendations developed under 

2 paragraph (3). 

3 (B) SUBSEQUENT REPORT.—Not later 

4 than 30 days after the date on which the Work5 ing Group submits the report required under 

6 subparagraph (A), Amtrak shall submit to the 

7 Committee on Transportation and Infrastruc8 ture of the House of Representatives and the 

9 Committee on Commerce, Science, and Trans10 portation of the Senate a report on whether 

11 Amtrak agrees with the recommendations of the 

12 Working Group and describing any plans to im13 plement such recommendations. 

14 (5) PROHIBITION ON FOOD AND BEVERAGE

15 SERVICE CHANGES.—During the period beginning on 

16 the date of enactment of this Act and ending 30 

17 days after the date on which Amtrak submits the re18 port required under paragraph (4)(B), Amtrak may 

19 not make large-scale, structural changes to existing 

20 onboard food and beverage services, except that Am21 trak shall reverse any changes to onboard food and 

22 beverage service made in response to the COVID–19 

23 pandemic as Amtrak service is restored. 

24 (6) TERMINATION.—The Working Group shall 

25 terminate on the date on which Amtrak submits the 


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1 report required under paragraph (4)(B), except that 

2 Amtrak may extend such date by up to 1 year if 

3 Amtrak determines that the Working Group is bene4 ficial to Amtrak in making decisions related to on5 board food and beverage services. If Amtrak extends 

6 such date, Amtrak shall include notification of the 

7 extension in the report required under paragraph 

8 (4)(B). 

9 (7) NONAPPLICABILITY OF FEDERAL ADVISORY

10 COMMITTEE ACT.—The Federal Advisory Committee 

11 Act (5 U.S.C. App.) does not apply to the Working 

12 Group established under this section. 

13 (8) LONG-DISTANCE ROUTE; NORTHEAST COR14 RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.— 

15 In this subsection, the terms ‘‘long-distance route’’, 

16 ‘‘Northeast Corridor’’, and ‘‘State-supported route’’ 

17 have the meaning given those terms in section 

18 24102 of title 49, United States Code. 

19 SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING 

20 OUT. 

21 (a) FURLOUGHED WORK.—Section 121 of the Am22 trak Reform and Accountability Act of 1997 (49 U.S.C. 

23 24312 note; 111 Stat. 2574) is amended by striking sub24 section (d) and inserting the following: 


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1 ‘‘(d) FURLOUGHED WORK.—Amtrak may not con2 tract out work within the scope of work performed by an 

3 employee in a bargaining unit covered by a collective bar4 gaining agreement entered into between Amtrak and an 

5 organization representing Amtrak employees during the 

6 period of time such employee has been laid off involun7 tarily if such employee— 

8 ‘‘(1) is eligible and qualified under the agree9 ment to perform such work in accordance with the 

10 seniority of such employee; and 

11 ‘‘(2) has not been provided an opportunity to be 

12 recalled to perform such work. 

13 ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING

14 OUT.—This section does not— 

15 ‘‘(1) supersede a prohibition or limitation on 

16 contracting out work covered by an agreement en17 tered into between Amtrak and an organization rep18 resenting Amtrak employees; or 

19 ‘‘(2) prohibit Amtrak and an organization rep20 resenting Amtrak employees from entering into an 

21 agreement that allows for contracting out the work 

22 of a furloughed employee that would otherwise be 

23 prohibited under subsection (d).’’. 

24 (b) WORKFORCE PLAN.—Section 24320(c)(2) of title 

25 49, United State Code, is amended— 


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1 (1) in subparagraph (C)(iii)(III) by striking 

2 ‘‘and’’ at the end; 

3 (2) by redesignating subparagraph (D) as sub4 paragraph (E); and 

5 (3) by inserting after subparagraph (C) the fol6 lowing: 

7 ‘‘(D) a summary of Amtrak’s plan to meet 

8 the workforce needs of each asset category, 

9 which shall— 

10 ‘‘(i) identify any gaps in Amtrak’s 

11 workforce, including any vacancy, skill gap, 

12 or shortage of qualified personnel; 

13 ‘‘(ii) summarize any action Amtrak is 

14 taking to address any such gaps; and 

15 ‘‘(iii) summarize any anticipated 

16 change to the size of the Amtrak workforce 

17 and any cause for such change; and’’. 

18 SEC. 9213. AMTRAK STAFFING. 

19 Section 24312 of title 49, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(c) CALL CENTER STAFFING.— 

22 ‘‘(1) OUTSOURCING.—Amtrak may not renew 

23 or enter into a contract to outsource call center cus24 tomer service work on behalf of Amtrak, including 

25 through a business process outsourcing group. 


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1 ‘‘(2) TRAINING.—Amtrak shall make available 

2 appropriate training programs to any Amtrak call 

3 center employee carrying out customer service activi4 ties using telephone or internet platforms. 

5 ‘‘(d) STATION AGENT STAFFING.— 

6 ‘‘(1) IN GENERAL.—Amtrak shall ensure that 

7 at least one Amtrak ticket agent is employed at each 

8 station building where at least one Amtrak ticket 

9 agent was employed on or after October 1, 2017. 

10 ‘‘(2) LOCATIONS.—Amtrak shall ensure that at 

11 least one Amtrak ticket agent is employed at each 

12 station building— 

13 ‘‘(A) that Amtrak owns, or operates service 

14 through, as part of a passenger service route; 

15 and 

16 ‘‘(B) for which the number of passengers 

17 boarding or deboarding an Amtrak long-dis18 tance train in the previous fiscal year exceeds 

19 the average of at least 40 passengers per day 

20 over all days in which the station was serviced 

21 by Amtrak, regardless of the number of Amtrak 

22 vehicles servicing the station per day. For fiscal 

23 year 2021, ridership from fiscal year 2019 shall 

24 be used to determine qualifying stations. 


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1 ‘‘(3) EXCEPTION.—This subsection does not 

2 apply to any station building in which a commuter 

3 rail ticket agent has the authority to sell Amtrak 

4 tickets. 

5 ‘‘(4) AMTRAK TICKET AGENT.—For purposes of 

6 this section, the term ‘Amtrak ticket agent’ means 

7 an Amtrak employee with authority to sell Amtrak 

8 tickets onsite and assist in the checking of Amtrak 

9 passenger baggage. 

10 ‘‘(3) EFFECTIVE DATE.—This subsection shall 

11 take effect on the earlier of— 

12 ‘‘(A) the date of the expiration of the 

13 emergency declaration issued by the President 

14 on March 13, 2020, pursuant to section 501(b) 

15 of the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act (42 U.S.C. 5191(b)); 

17 or 

18 ‘‘(B) the day after the period that is the 

19 first 6 consecutive months within a calendar 

20 year for which Amtrak ridership exceeds the 

21 Amtrak ridership for the same 6 consecutive 

22 calendar months in 2019.’’. 

23 SEC. 9214. SPECIAL TRANSPORTATION. 

24 Section 24307(a) of title 49, United States Code, is 

25 amended— 


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1 (1) in the matter preceding paragraph (1) by 

2 striking ‘‘for the following:’’ and inserting ‘‘of at 

3 least a 10 percent discount on full-price coach class 

4 rail fares for, at a minimum—’’; 

5 (2) in paragraph (1) by striking the period at 

6 the end and inserting a semicolon; and 

7 (3) by striking paragraph (2) and inserting the 

8 following: 

9 ‘‘(2) individuals of 12 years of age or younger; 

10 ‘‘(3) individuals with a disability, as such term 

11 is defined in section 3 of the Americans with Dis12 abilities Act of 1990 (42 U.S.C. 12102); 

13 ‘‘(4) members of the Armed Forces on active 

14 duty (as those terms are defined in section 101 of 

15 title 10) and their spouses and dependents with valid 

16 identification; 

17 ‘‘(5) veterans (as that term is defined in section 

18 101 of title 38) with valid identification; and 

19 ‘‘(6) individuals attending federally accredited 

20 postsecondary education institutions with valid stu21 dent identification cards.’’. 

22 SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM. 

23 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

25 following: 


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1 ‘‘§ 24324. Disaster and emergency relief program 

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

3 may make grants to Amtrak for— 

4 ‘‘(1) capital projects to repair, reconstruct, or 

5 replace equipment, infrastructure, stations, and 

6 other facilities that the Secretary determines are in 

7 danger of suffering serious damage, or have suffered 

8 serious damage, as a result of an emergency event; 

9 ‘‘(2) offset revenue lost as a result of such an 

10 event; and 

11 ‘‘(3) support continued operations following 

12 emergency events. 

13 ‘‘(b) COORDINATION OF EMERGENCY FUNDS.— 

14 Funds made available to carry out this section shall be 

15 in addition to any other funds available and shall not af16 fect the ability of Amtrak to use any other funds otherwise 

17 authorized by law. 

18 ‘‘(c) GRANT CONDITIONS.—Grants made under this 

19 subsection (a) shall be subject to section 22905(c)(2)(A) 

20 and other such terms and conditions as the Secretary de21 termines necessary. 

22 ‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this 

23 section, the term ‘emergency event’ has the meaning given 

24 such term in section 20103.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 243 of title 49, United States Code, is further amend3 ed by adding at the end the following: 

‘‘24324. Disaster and emergency relief program.’’. 

4 SEC. 9216. ACCESS TO RECREATIONAL TRAILS. 

5 Section 24315 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(i) ACCESS TO RECREATIONAL TRAILS.—At least 

8 30 days before implementing a new policy, structure, or 

9 operation that impedes access to recreational trails, Am10 trak shall work with potentially affected communities, 

11 making a good-faith effort to address local concerns about 

12 such access. Not later than February 15 of each year, Am13 trak shall submit to the Committee on Transportation and 

14 Infrastructure of the House of Representatives and the 

15 Committee on Environment and Public Works of the Sen16 ate a report on any such engagement in the preceding cal17 endar year, and any changes to policies, structures, or op18 erations affecting access to recreational trails that were 

19 considered or made as a result. The report shall include 

20 Amtrak’s plans to mitigate the impact to such access.’’. 

21 SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND 

22 RESILIENCY GRANT PROGRAM. 

23 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

25 following: 


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1 ‘‘§ 24325. Amtrak cybersecurity enhancement and re2 siliency grant program 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 shall make grants to Amtrak for improvements in infor5 mation technology systems, including cyber resiliency im6 provements for Amtrak information technology assets. 

7 ‘‘(b) APPLICATION OF BEST PRACTICES.—Any cyber 

8 resiliency improvements carried out with a grant under 

9 this section shall be consistent with cybersecurity industry 

10 best practices and publications issued by the National In11 stitute of Standards and Technology. 

12 ‘‘(c) COORDINATION OF CYBERSECURITY FUNDS.— 

13 Funds made available to carry out this section shall be 

14 in addition to any other Federal funds and shall not affect 

15 the ability of Amtrak to use any other funds otherwise 

16 authorized by law for purposes of enhancing the cyberse17 curity architecture of Amtrak. 

18 ‘‘(d) GRANT CONDITIONS.—In carrying out this sec19 tion— 

20 ‘‘(1) to the extent practicable, the Secretary 

21 shall provide grants consistent with the process es22 tablished under section 24319; 

23 ‘‘(2) the Secretary shall ensure that a grant 

24 made available under this section shall be adminis25 tered and disbursed as part of Amtrak’s annual 


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1 grant agreement as authorized by section 

2 24319(d)(1)(B); and 

3 ‘‘(3) a grant made under this section shall be 

4 subject to such terms and conditions as the Sec5 retary determines necessary.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 243 of title 49, United States Code, is further amend8 ed by adding at the end the following: 

‘‘24325. Amtrak cybersecurity enhancement and resiliency grant program.’’. 

9 SEC. 9218. AMTRAK AND PRIVATE CARS. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that private cars and charter trains can— 

12 (1) improve Amtrak’s financial performance, 

13 particularly on the long-distance routes; 

14 (2) have promotional value for Amtrak that re15 sults in future travel on Amtrak trains by pas16 sengers made aware of Amtrak as a result; 

17 (3) support private-sector jobs, including for 

18 mechanical work and on-board services; and 

19 (4) provide good-will benefits to Amtrak. 

20 (b) POLICY REVIEW.—Amtrak shall review the policy 

21 changes since January 1, 2018, that have caused signifi22 cant changes to the relationship between Amtrak and pri23 vate car owners and charter train services and evaluate 

24 opportunities to strengthen these services, including by re25 instating some access points and restoring flexibility to 


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1 charter-train policies. For charter trains, private cars, and 

2 package express carried on regular Amtrak trains, con3 sistent with sound business practice, Amtrak should re4 cover direct costs plus a reasonable profit margin. 

5 SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH. 

6 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

8 following new section: 

9 ‘‘§ 24326. Amtrak Office of Community Outreach 

10 ‘‘(a) IN GENERAL.—Not later than 180 days after 

11 the date of enactment of the TRAIN Act, Amtrak shall 

12 establish an Office of Community Outreach to engage with 

13 communities impacted by Amtrak operations. 

14 ‘‘(b) RESPONSIBILITIES.—The Office of Community 

15 Outreach shall be responsible for— 

16 ‘‘(1) outreach and engagement with— 

17 ‘‘(A) local officials before capital improve18 ment project plans are finalized; and 

19 ‘‘(B) local stakeholders and relevant orga20 nizations on projects of community significance; 

21 ‘‘(2) clear explanation and publication of how 

22 community members can communicate with Amtrak; 

23 ‘‘(3) the use of virtual public involvement, social 

24 media, and other web-based tools to encourage pub25 lic participation and solicit public feedback; and 


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1 ‘‘(4) making publicly available on the website of 

2 Amtrak, planning documents for proposed and im3 plemented capital improvement projects. 

4 ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 

5 after the establishment of the Office of Community Out6 reach, and annually thereafter, Amtrak shall submit to the 

7 Committee on Transportation and Infrastructure in the 

8 House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate a report 

10 that— 

11 ‘‘(1) describes the community outreach efforts 

12 undertaken by the Amtrak Office of Community 

13 Outreach for the previous year; and 

14 ‘‘(2) identifies changes Amtrak made to capital 

15 improvement project plans after engagement with af16 fected communities.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 243 of title 49, United States Code, is further amend19 ed by adding at the end the following: 

‘‘24326. Amtrak Office of Community Outreach.’’. 

20 SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT 

21 PROGRAM. 

22 (a) AUTHORIZATION.—Amtrak shall expend not less 

23 than 2.5 percent of the amounts appropriated in each fis24 cal year pursuant to section 9101(a)(2) to enhance the 

25 customer experience on Amtrak long-distance routes. 


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1 (b) ELIGIBILITY.—Projects and initiatives to serve 

2 the following purposes, including planning and develop3 ment, are eligible to be implemented by Amtrak under this 

4 section: 

5 (1) Rolling stock interior refreshes and rede6 signs. 

7 (2) Food and beverage service improvements 

8 consistent with section 24321 of title 49, United 

9 States Code. 

10 (3) Wi-Fi service expansion and improvement. 

11 (4) Enhanced customer experience at stations. 

12 (5) Other customer enhancement initiatives de13 veloped by Amtrak, including initiatives developed in 

14 accordance with subsection (c). 

15 (c) CONSULTATION.—Not later than 90 days after 

16 the date of enactment of this Act, and subsequently on 

17 a periodic basis, Amtrak shall consult with appropriate 

18 States, local governments, labor organizations rep19 resenting railroad employees, and national associations 

20 that represent rail passengers on ways to enhance the cus21 tomer experience on long-distance routes. 

22 (d) USE OF FUNDS FOR OTHER PURPOSES.—Am23 trak may use funds provided under this section for pur24 poses related to long-distance route service other than 

25 those listed in subsection (b) if— 


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1 (1) Amtrak determines the use of funds is nec2 essary to— 

3 (A) improve the safety of long-distance 

4 route operations; or 

5 (B) maintain continued operation or serv6 ice levels of any such route; and 

7 (2) not later than 10 days of the repurposing 

8 of such funds, Amtrak submits to the Secretary, the 

9 Committee on Transportation and Infrastructure 

10 and the Committee on Appropriations of the House 

11 of Representatives, and the Committee on Com12 merce, Science, and Transportation, and the Com13 mittee on Appropriations of the Senate, a report 

14 that includes— 

15 (A) the amount of funds repurposed for a 

16 use described in this subsection, and 

17 (B) the reason for the repurposing of such 

18 funds. 

19 (e) LONG-DISTANCE ROUTE DEFINED.—In this sec20 tion, the term ‘‘long-distance route’’ has the meaning 

21 given the term in section 24102 of title 49, United States 

22 Code. 


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1 SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE EN2 ERGY INITIATIVES. 

3 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

5 following new section: 

6 ‘‘§ 24327. Amtrak carbon-free and renewable energy 

7 initiatives 

8 ‘‘(a) EMISSIONS REDUCTION AND ENERGY PLAN.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of the TRAIN Act, Amtrak 

11 shall— 

12 ‘‘(A) develop a greenhouse gas emissions 

13 reduction and energy plan that sets forth a goal 

14 of, a strategy for achieving, and potential 

15 timelines and funding requirements for— 

16 ‘‘(i) becoming a net-zero carbon emis17 sions transportation provider; and 

18 ‘‘(ii) achieving net-zero carbon emis19 sions with respect to Amtrak operations 

20 within the Northeast Corridor; 

21 ‘‘(B) submit the plan to the Secretary of 

22 Transportation, the Committee on Transpor23 tation and Infrastructure of the House of Rep24 resentatives, and the Committee on Commerce, 

25 Science, and Transportation of the Senate; and 

26 ‘‘(C) publish the plan on Amtrak’s website. 


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1 ‘‘(2) ADDITIONAL REQUIREMENTS.—The plan 

2 developed under paragraph (1) shall contain— 

3 ‘‘(A) at least 1 option for becoming a net4 zero carbon emissions transportation provider 

5 not later than January 1, 2035; and 

6 ‘‘(B) at least 1 option for achieving net7 zero carbon emissions with respect to Amtrak 

8 operations within the Northeast Corridor not 

9 later than January 1, 2030. 

10 ‘‘(3) ANNUAL PROGRESS REPORTS.— 

11 ‘‘(A) IN GENERAL.—After submission and 

12 publication of the plan developed under para13 graph (1), Amtrak shall include in each general 

14 and legislative annual report required under 

15 section 24315(b), an update on Amtrak’s 

16 progress towards— 

17 ‘‘(i) becoming a net-zero carbon emis18 sions transportation provider; and 

19 ‘‘(ii) achieving net-zero carbon emis20 sions with respect to Amtrak operations 

21 within the Northeast Corridor. 

22 ‘‘(B) LEGISLATIVE RECOMMENDATIONS.— 

23 The update required under subparagraph (A) 

24 may include recommendations for legislative 


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1 changes or changes to funding levels likely to 

2 increase the rate of Amtrak’s progress. 

3 ‘‘(b) CARBON-FREE AND RENEWABLE ENERGY

4 USE.— 

5 ‘‘(1) ENERGY SOURCE REQUIREMENT.—Not 

6 later than 180 days after the date of enactment of 

7 the TRAIN Act, Amtrak shall ensure that any new 

8 or renewed contract between Amtrak and a provider 

9 of electricity that is used to meet the needs of train 

10 traction power or rail facility power requires that an 

11 amount equal to or greater that 25 percent of such 

12 electricity is derived from carbon-free or renewable 

13 energy sources. 

14 ‘‘(2) INCREASED ENERGY SOURCE GOALS.— 

15 Amtrak shall establish goals for increasing the en16 ergy source requirements described in paragraph 

17 (1), including a goal of requiring— 

18 ‘‘(A) at least 50 percent of electricity de19 rived from such sources for new or renewed 

20 contracts entered into beginning 5 years after 

21 the date of enactment of the TRAIN Act; and 

22 ‘‘(B) 100 percent of electricity derived 

23 from such sources for new or renewed contracts 

24 entered into on or after January 1, 2030. 


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1 ‘‘(3) EXCEPTIONS.—The requirements of para2 graph (1) shall not apply in any case in which— 

3 ‘‘(A) no provider of electricity is able to 

4 provide the necessary levels of carbon-free or 

5 renewable energy; 

6 ‘‘(B) compliance with such requirements 

7 would adversely affect Amtrak’s operations or 

8 quality of service to an unreasonable degree; or 

9 ‘‘(C) compliance with such requirements 

10 would cause an increase of at least 50 percent 

11 in total cost of electricity, as compared to the 

12 total cost of electricity Amtrak would otherwise 

13 have acquired. 

14 ‘‘(4) REPORT.—Not later than 1 year after the 

15 date of enactment of the TRAIN Act, Amtrak shall 

16 submit to the Committee on Transportation and In17 frastructure of the House of Representatives and the 

18 Committee on Commerce, Science, and Transpor19 tation of the Senate a report that identifies opportu20 nities to further increase Amtrak’s use of carbon21 free and renewable energy for train traction power 

22 needs and facility power needs.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 243 of title 49, United States Code, is further amend25 ed by adding at the end the following: 

‘‘24327. Amtrak carbon-free and renewable energy initiatives.’’. 


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1 TITLE III—INTERCITY 

2 PASSENGER RAIL POLICY 

3 SEC. 9301. NORTHEAST CORRIDOR COMMISSION. 

4 Section 24905 of title 49, United States Code, is 

5 amended— 

6 (1) in subsection (a)(1)— 

7 (A) in subparagraph (A) by striking 

8 ‘‘members’’ and inserting ‘‘4 members’’; 

9 (B) in subparagraph (B) by striking 

10 ‘‘members’’ and inserting ‘‘5 members’’; and 

11 (C) in subparagraph (D) by striking ‘‘and 

12 commuter railroad carriers using the Northeast 

13 Corridor selected by the Secretary’’ and insert14 ing ‘‘railroad carriers and commuter authorities 

15 using the Northeast Corridor, as determined by 

16 the Commission’’; 

17 (2) by striking paragraph (2) of subsection (a) 

18 and inserting the following: 

19 ‘‘(2) At least two of the members described in 

20 paragraph (1)(B) shall be career appointees, as such 

21 term is defined in section 3132(a) of title 5.’’; 

22 (3) in subsection (b)(3)(B)— 

23 (A) in clause (i) by inserting ‘‘, including 

24 ridership trends,’’ before ‘‘along the Northeast 

25 Corridor’’; 


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1 (B) in clause (ii) by striking ‘‘capital in2 vestment plan described in section 24904.’’ and 

3 inserting ‘‘first year of the capital investment 

4 plan described in section 24904; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(iii) progress in assessing and elimi7 nating the state-of-good-repair backlog.’’; 

8 (4) in subsection (c)— 

9 (A) by striking ‘‘(1) DEVELOPMENT’’ and 

10 all that follows through ‘‘standardized policy’’ 

11 and inserting the following: 

12 ‘‘(1) POLICY.—The Commission shall— 

13 ‘‘(A) maintain and update, as appropriate, 

14 the ‘Northeast Corridor Commuter and Inter15 city Rail Cost Allocation Policy’ approved on 

16 September 17, 2015,’’; 

17 (B) in paragraph (1)— 

18 (i) in subparagraph (B) by striking ‘‘a 

19 proposed timetable for implementing’’ and 

20 inserting ‘‘timetables for implementing and 

21 maintaining’’; 

22 (ii) in subparagraph (C) by striking 

23 ‘‘the policy and the timetable’’ and insert24 ing ‘‘updates to the policy and the time25 tables’’; and 


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1 (iii) by striking subparagraph (D) and 

2 inserting the following: 

3 ‘‘(D) support the efforts of the members of 

4 the Commission to implement the policy in ac5 cordance with such timetables; and’’; 

6 (C) in paragraph (2)— 

7 (i) by striking the first sentence and 

8 inserting ‘‘In accordance with the time9 table developed in paragraph (1), Amtrak 

10 and commuter authorities on the North11 east Corridor shall implement the policy 

12 developed under paragraph (1) in agree13 ments for usage of facilities or services.’’; 

14 (ii) by striking ‘‘fail to implement 

15 such new agreements’’ and inserting ‘‘fail 

16 to implement the policy’’; and 

17 (iii) by striking ‘‘paragraph (1)(A), as 

18 applicable’’ and inserting ‘‘paragraph (1)’’; 

19 and 

20 (D) in paragraph (4) by striking ‘‘public 

21 authorities providing commuter rail passenger 

22 transportation’’ and inserting ‘‘commuter au23 thorities’’; 

24 (5) by striking subsection (d); 


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1 (6) by redesignating subsection (e) as sub2 section (d); and 

3 (7) in paragraph (1)(D) of subsection (d) (as 

4 redesignated by paragraph (6)) by striking ‘‘com5 muter rail agencies’’ and inserting ‘‘commuter au6 thorities’’. 

7 SEC. 9302. NORTHEAST CORRIDOR PLANNING. 

8 (a) IN GENERAL.—Section 24904 of title 49, United 

9 States Code, is amended— 

10 (1) by redesignating subsection (e) as sub11 section (f); 

12 (2) by striking subsection (c); 

13 (3) by redesignating subsections (a) and (b) as 

14 subsections (b) and (c), respectively; 

15 (4) by inserting before subsection (b), as so re16 designated, the following: 

17 ‘‘(a) SERVICE DEVELOPMENT PLAN.— 

18 ‘‘(1) REQUIREMENT.—Not later than December 

19 31, 2021, the Northeast Corridor Commission estab20 lished under section 24905 (referred to in this sec21 tion as the ‘Commission’) shall submit to Congress 

22 a service development plan that identifies key state23 of-good-repair, capacity expansion, and capital im24 provement projects planned for the Northeast Cor25 ridor, to upgrade aging infrastructure and improve 


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1 the reliability, capacity, connectivity, performance, 

2 and resiliency of passenger rail service on the North3 east Corridor. 

4 ‘‘(2) CONTENTS.—The service development plan 

5 required under paragraph (1) shall— 

6 ‘‘(A) provide a coordinated and consensus7 based plan covering a period of 15 years; 

8 ‘‘(B) identify service objectives and capital 

9 investments needs; 

10 ‘‘(C) provide a delivery-constrained strat11 egy that identifies capital investment phasing, 

12 an evaluation of workforce needs, and strategies 

13 for managing resources and mitigating con14 struction impacts on operations; 

15 ‘‘(D) describe the anticipated outcomes of 

16 each project or program, including an assess17 ment of improved capacity, travel time, and 

18 other benefits and costs of proposed invest19 ments; 

20 ‘‘(E) include a financial strategy that in21 corporates available funding and identifies 

22 funding needs and potential sources of such 

23 funding; and 

24 ‘‘(F) be updated at least every 5 years.’’; 


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1 (5) in subsection (b) (as redesignated by para2 graph (3))— 

3 (A) by striking ‘‘Not later than’’ and all 

4 that follows through ‘‘shall’’ and inserting ‘‘Not 

5 later than November 1 of each year, the Com6 mission shall’’; 

7 (B) in paragraph (1)— 

8 (i) in subparagraph (A) by striking ‘‘a 

9 capital investment plan’’ and inserting ‘‘an 

10 annual capital investment plan’’; and 

11 (ii) in subparagraph (B) by inserting 

12 ‘‘for the Northeast Corridor’’ after ‘‘capital 

13 investment plan’’; 

14 (C) in paragraph (2)— 

15 (i) in subparagraph (A) by striking 

16 ‘‘and network optimization’’; 

17 (ii) in subparagraph (B) by striking 

18 ‘‘and service’’; 

19 (iii) in subparagraph (C) by striking 

20 ‘‘first fiscal year after the date on which’’ 

21 and inserting ‘‘fiscal year during which’’; 

22 (iv) in subparagraph (D)— 

23 (I) by striking ‘‘identify, 

24 prioritize,’’ and all that follows 

25 through ‘‘and consider’’ and inserting 


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1 ‘‘document the projects and programs 

2 being undertaken to achieve the serv3 ice outcomes identified in the North4 east Corridor service development 

5 plan, once available, and the asset 

6 condition needs identified in the 

7 Northeast Corridor asset management 

8 system described in subsection (e) and 

9 consider’’; and 

10 (II) in clause (i) by inserting 

11 ‘‘overall estimated’’ before ‘‘benefits’’; 

12 (v) in subparagraph (E)(i) by striking 

13 ‘‘normalized capital replacement and’’; 

14 (vi) in subparagraph (F) by adding 

15 ‘‘and’’ at the end; 

16 (vii) by striking subparagraph (G); 

17 and 

18 (viii) by redesignating subparagraph 

19 (H) as subparagraph (G); and 

20 (D) in paragraph (3)— 

21 (i) by striking ‘‘paragraph (2)(H)’’ 

22 and inserting ‘‘paragraph (2)(G)’’; 

23 (ii) in subparagraph (A)— 

24 (I) by inserting ‘‘anticipated’’ be25 fore ‘‘funding sources’’; and 


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1 (II) by inserting ‘‘and, in the ab2 sence of an authorization or appro3 priation of funds for a fiscal year, be 

4 based on the amount of funding avail5 able in the previous fiscal year, plus 

6 inflation’’ after ‘‘methods’’; 

7 (iii) in subparagraph (B) by striking 

8 ‘‘expected allocated shares of costs’’ and 

9 inserting ‘‘status of cost sharing agree10 ments’’; 

11 (iv) in subparagraph (C) by striking 

12 ‘‘and’’ at the end; 

13 (v) by redesignating subparagraph 

14 (D) as subparagraph (E); and 

15 (vi) by inserting after subparagraph 

16 (C) the following: 

17 ‘‘(D) include any funding needs in excess 

18 of amounts authorized or otherwise available in 

19 a fiscal year; and’’; 

20 (6) in subsection (c) (as redesignated by para21 graph (3)) by striking ‘‘may be spent only on’’ and 

22 all that follows through the end and inserting ‘‘may 

23 be spent only on capital projects and programs con24 tained in the Commission’s capital investment plan 

25 from the previous year.’’; and 


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1 (7) by striking subsection (d) and inserting the 

2 following: 

3 ‘‘(d) REVIEW AND COORDINATION.—The Commis4 sion shall gather information from Amtrak, the States in 

5 which the Northeast Corridor is located, and commuter 

6 rail authorities to support development of the capital in7 vestment plan. The Commission may specify a format and 

8 other criteria for the information submitted. Submissions 

9 to the plan from Amtrak, States in which the Northeast 

10 Corridor are located, and commuter rail authorities shall 

11 be provided to the Commission in a manner that allows 

12 for a reasonable period of review by, and coordination 

13 with, affected agencies. 

14 ‘‘(e) NORTHEAST CORRIDOR ASSET MANAGE15 MENT.—With regard to existing infrastructure, Amtrak 

16 and other infrastructure owners that provide or support 

17 intercity rail passenger transportation on the Northeast 

18 Corridor shall develop an asset management system, and 

19 use and update such system as necessary, to develop sub20 missions to the Northeast Corridor capital investment 

21 plan described in subsection (b). Such system shall— 

22 ‘‘(1) be timed consistent with the Federal Tran23 sit Administration process, as authorized under sec24 tion 5326, when implemented; and 

25 ‘‘(2) include, at a minimum— 


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1 ‘‘(A) an inventory of all capital assets 

2 owned by the developer of the plan; 

3 ‘‘(B) an assessment of asset condition; 

4 ‘‘(C) a description of the resources and 

5 processes necessary to bring or maintain those 

6 assets in a state of good repair; and 

7 ‘‘(D) a description of changes in asset con8 dition since the previous version of the plan.’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) ACCOUNTS.—Section 24317(d)(1) of title 

11 49, United States Code, is amended— 

12 (A) in subparagraph (B) by striking 

13 ‘‘24904(a)(2)(E)’’ and inserting 

14 ‘‘24904(b)(2)(E)’’; and 

15 (B) in subparagraph (F) by striking 

16 ‘‘24904(b)’’ and inserting ‘‘24904(c)’’. 

17 (2) FEDERAL-STATE PARTNERSHIP FOR STATE

18 OF GOOD REPAIR.—Section 24911(e)(2) of title 49, 

19 United States Code, is amended by striking 

20 ‘‘24904(a)’’ and inserting ‘‘24904(b)’’. 

21 SEC. 9303. PROTECTIVE ARRANGEMENTS. 

22 Section 22905 of title 49, United States Code, is 

23 amended— 

24 (1) in subsection (c)(2)(B) by striking ‘‘that are 

25 equivalent to the protective arrangements established 


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1 under section 504 of the Railroad Revitalization and 

2 Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ 

3 and inserting ‘‘established by the Secretary under 

4 subsection (e)(1)’’; 

5 (2) by redesignating subsections (e) and (f) as 

6 subsections (f) and (g), respectively; and 

7 (3) by inserting after subsection (d) the fol8 lowing: 

9 ‘‘(e) EQUIVALENT EMPLOYEE PROTECTIONS.— 

10 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

11 after the date of enactment of this subsection, the 

12 Administrator of the Federal Railroad Administra13 tion shall establish protective arrangements equiva14 lent to those established under section 504 of the 

15 Railroad Revitalization and Regulatory Reform Act 

16 of 1976 (45 U.S.C. 836), and require such protec17 tive arrangements to apply to employees described 

18 under subsection (c)(2)(B) and as required under 

19 subsection (j) of section 22907. 

20 ‘‘(2) PUBLICATION.—The Administrator shall 

21 make available on a publicly available website the 

22 protective arrangements established under para23 graph (1).’’. 


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1 SEC. 9304. INTERSTATE RAIL COMPACTS. 

2 (a) IDENTIFICATION.—Section 410 of the Amtrak 

3 Reform and Accountability Act of 1997 (Public Law 105– 

4 134; 49 U.S.C. 24101 note) is amended— 

5 (1) in subsection (b)(2) by striking ‘‘(except 

6 funds made available for Amtrak)’’; and 

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

8 ‘‘(c) INTERSTATE RAIL COMPACTS PROGRAM.—The 

9 Secretary of Transportation shall— 

10 ‘‘(1) make available on a publicly accessible 

11 website a list of interstate rail compacts established 

12 in accordance with subsection (a); 

13 ‘‘(2) provide information to the public regarding 

14 interstate rail compacts, including how States may 

15 establish interstate rail compacts under subsection 

16 (a); and 

17 ‘‘(3) annually update the information provided 

18 under paragraph (2).’’. 

19 (b) GRANTS AUTHORIZED.—Chapter 229 of title 49, 

20 United States Code, is further amended by adding at the 

21 end the following: 

22 ‘‘§ 22910. Interstate rail compacts support program 

23 ‘‘(a) IN GENERAL.—The Secretary shall develop and 

24 implement a program for providing administrative assist25 ance grants to an applicant, on a competitive basis, to sup26 port interstate and regional efforts— 


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1 ‘‘(1) to improve the safety, efficiency, or reli2 ability of intercity passenger rail; and 

3 ‘‘(2) to promote and develop intercity passenger 

4 rail service, including through initiating, restoring, 

5 or enhancing intercity passenger rail service. 

6 ‘‘(b) APPLICANT SELECTION CRITERIA.— 

7 ‘‘(1) IN GENERAL.—In awarding grants under 

8 this section, the Secretary shall consider— 

9 ‘‘(A) the amount of funding received (in10 cluding funding from railroads) or other signifi11 cant participation by State, local, and regional 

12 governmental and private entities; 

13 ‘‘(B) the applicant’s work to facilitate and 

14 encourage regional planning for passenger rail 

15 improvement, enhancement, and development; 

16 ‘‘(C) the applicant’s work to foster, 

17 through rail transportation systems, economic 

18 development, particularly in rural communities, 

19 for socially disadvantaged individuals, and for 

20 disadvantaged populations; 

21 ‘‘(D) the applicant’s efforts to provide 

22 guidance to local communities on public and 

23 private resources relate to community concerns, 

24 such as congestion, rail and grade crossing 


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1 safety, trespasser prevention, quiet zones, 

2 idling, and rail line relocations; 

3 ‘‘(E) whether the applicant seeks to restore 

4 service over routes formerly operated by Am5 trak, including routes described in section 

6 11304(a) of the Passenger Rail Reform and In7 vestment Act of 2015 (title XI of division A of 

8 Public Law 114–94); 

9 ‘‘(F) the applicant’s dedication to pro10 viding intercity passenger rail service to regions 

11 and communities that are underserved or not 

12 served by other intercity public transportation; 

13 ‘‘(G) whether the applicant is enhancing 

14 connectivity and geographic coverage of the ex15 isting national network of intercity rail pas16 senger service; 

17 ‘‘(H) the applicant’s efforts to engage with 

18 entities to deploy railroad safety technology or 

19 programs, including trespassing prevention, rail 

20 integrity inspection systems, or grade crossing 

21 safety; 

22 ‘‘(I) whether the applicant prepares re23 gional rail and corridor service development 

24 plans and corresponding environmental anal25 ysis; and 


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1 ‘‘(J) whether the applicant has engaged 

2 with the Federal, local, or State government 

3 and transportation planning agencies to identify 

4 projects necessary to enhance multimodal con5 nections or facilitate service integration between 

6 rail service and other modes, including between 

7 intercity rail passenger transportation and 

8 intercity bus service, commercial air service, or 

9 commuter rail service. 

10 ‘‘(2) PREFERENCE.—In selecting grant recipi11 ents, the Secretary shall give preference to appli12 cants that are initiating, restoring, or enhancing 

13 intercity rail passenger transportation. 

14 ‘‘(c) APPLICATION PROCESS.—The Secretary shall 

15 prescribe the form and manner of filing applications under 

16 this section. 

17 ‘‘(d) PERFORMANCE MEASURES.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish performance measures for each grant recipient 

20 to assess progress in achieving strategic goals and 

21 objectives. 

22 ‘‘(2) ANNUAL REPORT.— The Secretary shall 

23 require grant recipients to submit an annual report 

24 of the activities of such recipient and information reVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 01160 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 lated to applicable performance measures, which 

2 may include— 

3 ‘‘(A) a demonstration of progress to 

4 achieve or advance the relevant criteria de5 scribed in subsection (c); and 

6 ‘‘(B) receipt of non-Federal matching 

7 funds from each member State at least once 

8 during each fiscal year. 

9 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COST.— 

10 The Secretary shall require each recipient of a grant under 

11 this subsection to provide a non-Federal match of not less 

12 than 50 percent of the administrative costs of the inter13 state rail compact. 

14 ‘‘(f) APPLICABLE REQUIREMENTS.—The use of any 

15 amounts appropriated for grants under this section shall 

16 be subject to the applicable requirements under this chap17 ter. 

18 ‘‘(g) APPLICABILITY.—Amounts appropriated to 

19 carry out this section shall remain available until ex20 pended. 

21 ‘‘(h) LIMITATIONS.— 

22 ‘‘(1) MAXIMUM FUNDING PER APPLICANT.— 

23 The Secretary may not award a grant under this 

24 section in an amount exceeding $500,000 for each 

25 applicant in any fiscal year. 


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1 ‘‘(2) NUMERIC LIMITATION.—The Secretary 

2 may not provide grants under this section to more 

3 than 10 interstate rail compacts in any fiscal year. 

4 ‘‘(i) USE OF INTERSTATE RAIL COMPACT GRANTS

5 AND OTHER FEDERAL FUNDING.—A recipient of an 

6 interstate rail compact grant under this section may use 

7 such grant in combination with other Federal grants 

8 awarded that would benefit the applicable use. 

9 ‘‘(j) DEFINITIONS.—In this section: 

10 ‘‘(1) APPLICANT.—The term ‘applicant’ means 

11 an interstate rail compact or an interstate commis12 sion composed of 2 or more States that has been es13 tablished to promote, develop, or operate intercity 

14 passenger rail transportation systems. 

15 ‘‘(2) INTERCITY PASSENGER RAIL SERVICE.— 

16 The term ‘intercity passenger rail service’ has the 

17 meaning given the term ‘intercity rail passenger 

18 transportation’ in section 24102.’’. 

19 (c) CLERICAL AMENDMENT.—The analysis for chap20 ter 229 of title 49, United States Code, is further amend21 ed by adding at the end the following: 

‘‘22910. Interstate rail compacts support program.’’. 

22 SEC. 9305. HIGH-SPEED RAIL UPDATES. 

23 (a) HIGH-SPEED RAIL CORRIDOR PLANNING.—Sec24 tion 26101 of title 49, United States Code, is amended— 

25 (1) in subsection (b)(1)— 


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1 (A) in the matter preceding subparagraph 

2 (A) by striking ‘‘, or if it is an activity de3 scribed in subparagraph (M)’’; 

4 (B) in subparagraph (J) by striking 

5 ‘‘right-of-way improvements’’ and inserting 

6 ‘‘right-of-way acquisition or improvement 

7 needs’’; 

8 (C) in subparagraph (K) by inserting 

9 ‘‘and’’ at the end; and 

10 (D) by striking subparagraphs (L) and 

11 (M) and inserting the following: 

12 ‘‘(L) public costs in the creation of public pri13 vate partnerships.’’; and 

14 (2) in subsection (c)— 

15 (A) by striking paragraphs (1) through (3) 

16 and inserting the following: 

17 ‘‘(1) the extent to which the proposed planning 

18 focuses on systems which will provide for high-speed 

19 rail; 

20 ‘‘(2) the integration of the corridor into metro21 politan area and statewide transportation planning, 

22 including State rail plans; 

23 ‘‘(3) the use of rail stations within urbanized 

24 areas that are located in a geographic area with a 


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1 greater density population than the urbanized area 

2 as a whole;’’; 

3 (B) in paragraph (4) by inserting before 

4 the semicolon ‘‘, passenger rail, transit, and 

5 other multimodal options’’; 

6 (C) in paragraph (6) by inserting ‘‘and re7 duce greenhouse gas emissions’’ before the 

8 semicolon; and 

9 (D) in paragraph (11) by inserting ‘‘, in10 cluding access to affordable housing’’ before the 

11 semicolon. 

12 (b) DEFINITIONS.—Section 26105(2) of title 49, 

13 United States Code, is amended— 

14 (1) by inserting ‘‘made available to members of 

15 the general public as passengers and reasonably ex16 pected to reach speeds of’’ after ‘‘service which is’’; 

17 (2) in subparagraph (A) by striking ‘‘reason18 ably expected to reach sustained speeds of more 

19 than 125 miles per hour; and’’ and inserting ‘‘160 

20 miles per hour or more on shared-use right-of-way; 

21 or’’; and 

22 (3) in subparagraph (B) by striking ‘‘made 

23 available to members of the general public as pas24 sengers’’ and inserting ‘‘186 miles per hour or more 

25 on dedicated right-of-way’’. 


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1 (c) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 

2 Section 26106(e)(2) of title 49, United States Code, is 

3 amended— 

4 (1) in subparagraph (A)(i) by striking ‘‘section 

5 211 of the Passenger Rail Investment and Improve6 ment Act of 2008’’ and inserting ‘‘section 

7 24904(a)’’; and 

8 (2) in subparagraph (C)(i)— 

9 (A) by striking subclause (III); 

10 (B) by redesignating subclause (II) as sub11 clause (III); 

12 (C) by inserting after subclause (I) the fol13 lowing: 

14 ‘‘(II) connectivity to rail stations 

15 within urbanized areas that are lo16 cated in an geographic area with a 

17 greater density population than the 

18 urbanized area as a whole;’’; and 

19 (D) by striking subclause (IV) and insert20 ing the following: 

21 ‘‘(IV) environmental benefits, in22 cluding projects that— 

23 ‘‘(aa) reduce greenhouse gas 

24 emissions; and 


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1 ‘‘(bb) involve electrification 

2 or the purchase of environ3 mentally sensitive, fuel-efficient, 

4 and cost-effective passenger rail 

5 equipment;’’. 

6 SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS. 

7 (a) IN GENERAL.—Chapter 229 of title 49, United 

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

9 following: 

10 ‘‘§ 22911. State rail planning formula funds 

11 ‘‘(a) IN GENERAL.—In carrying out this chapter, the 

12 Secretary shall allocate an appropriate portion of 1.5 per13 cent of the amounts made available for programs under 

14 this chapter to provide grants to States— 

15 ‘‘(1) for State or multi-State regional intercity 

16 passenger rail corridor planning or project-specific, 

17 intercity passenger rail planning purposes; or 

18 ‘‘(2) for funding rail projects otherwise eligible 

19 under section 22907 if no intercity passenger rail 

20 planning is feasible. 

21 ‘‘(b) LIMITATION OF FUNDS.—Any unobligated bal22 ances of a grant under this section remaining after 3 years 

23 from the fiscal year in which the grant was made shall 

24 be redistributed in an appropriate portion. 

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


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1 ‘‘(1) APPROPRIATE PORTION.—The term ‘ap2 propriate portion’ means a share, for each State— 

3 ‘‘(A) one quarter of which is comprised of 

4 the ratio that the total railroad route miles in 

5 such State bears to the total railroad route 

6 miles in the United States, excluding from each 

7 such total the route miles used exclusively for 

8 tourist excursions; 

9 ‘‘(B) one quarter of which is comprised of 

10 the ratio that the population in such State 

11 bears to the total population of the United 

12 States, as determined by the Bureau of the 

13 Census; and 

14 ‘‘(C) half of which is comprised of the ratio 

15 that the Amtrak ridership for fiscal year 2019 

16 in each State bears to the total Amtrak rider17 ship for fiscal year 2019. 

18 ‘‘(2) STATE.—The term ‘State’ means each of 

19 the 50 States and the District of Columbia.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 229 of title 49, United States Code, is further amend22 ed by adding at the end the end the following: 

‘‘22911. State rail planning formula funds.’’. 


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1 TITLE IV—COMMUTER RAIL 

2 POLICY 

3 SEC. 9401. SURFACE TRANSPORTATION BOARD MEDIATION 

4 OF TRACKAGE USE REQUESTS. 

5 Section 28502 of title 49, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 28502. Surface Transportation Board mediation of 

8 trackage use requests 

9 ‘‘A rail carrier shall provide good faith consideration 

10 to a reasonable request from a provider of commuter rail 

11 passenger transportation for access to trackage and provi12 sion of related services. If, after a reasonable period of 

13 negotiation, a public transportation authority cannot 

14 reach agreement with a rail carrier to use trackage of, and 

15 have related services provided by, the rail carrier for pur16 poses of commuter rail passenger transportation, the pub17 lic transportation authority or the rail carrier may apply 

18 to the Board for nonbinding mediation. In any case in 

19 which dispatching for the relevant trackage is controlled 

20 by a rail carrier other than the trackage owner, both shall 

21 be subject to the requirements of this section and included 

22 in the Board’s mediation process. The Board shall conduct 

23 the nonbinding mediation in accordance with the medi24 ation process of section 1109.4 of title 49, Code of Federal 

25 Regulations, as in effect on the date of enactment of the 


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1 TRAIN Act. During such mediation process, the Board 

2 shall determine whether the consideration a rail carrier 

3 provided to a request was in good faith and whether the 

4 request from a provider of commuter rail passenger trans5 portation was reasonable. The determinations made in the 

6 preceding sentence shall have no effect on the nonbinding 

7 nature of the mediation.’’. 

8 SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 

9 OF RIGHTS-OF-WAY USE REQUESTS. 

10 Section 28503 of title 49, United States Code, is 

11 amended to read as follows: 

12 ‘‘§ 28503. Surface Transportation Board mediation of 

13 rights-of-way use requests 

14 ‘‘A rail carrier shall provide good faith consideration 

15 to a reasonable request from a provider of commuter rail 

16 passenger transportation for access to rail right-of-way for 

17 the construction and operation of a segregated fixed guide18 way facility. If, after a reasonable period of negotiation, 

19 a public transportation authority cannot reach agreement 

20 with a rail carrier to acquire an interest in a railroad 

21 right-of-way for the construction and operation of a seg22 regated fixed guideway facility to provide commuter rail 

23 passenger transportation, the public transportation au24 thority or the rail carrier may apply to the Board for non25 binding mediation. In any case in which dispatching for 


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1 the relevant trackage is controlled by a rail carrier other 

2 than the right-of-way owner, both shall be subject to the 

3 requirements of this section and included in the Board’s 

4 mediation process. The Board shall conduct the non5 binding mediation in accordance with the mediation proc6 ess of section 1109.4 of title 49, Code of Federal Regula7 tions, as in effect on the date of enactment of the TRAIN 

8 Act. During such mediation process, the Board shall de9 termine whether the consideration a rail carrier provided 

10 to a request was in good faith and whether the request 

11 from a provider of commuter rail passenger transportation 

12 was reasonable. The determinations made in the preceding 

13 sentence shall have no effect on the nonbinding nature of 

14 the mediation.’’. 

15 TITLE V—RAIL SAFETY 

16 Subtitle A—Passenger and Freight 

17 Safety 

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

19 (a) STUDY.—The Secretary of Transportation shall 

20 conduct a study on the safety impacts of the operation 

21 of long trains. 

22 (b) CONTENTS.—The study conducted under sub23 section (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 

5 the operation of such trains, an evaluation of any— 

6 (A) potential risk of loss of communica7 tions between an end-of-train device, or a dis8 tributed power unit, and the locomotive cab, in9 cluding communications over differing terrains 

10 and conditions; 

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 

20 associated with the deployment of multiple dis21 tributed power units in the consists of such 

22 trains; and 

23 (E) impacts of the length of trains on 

24 braking and locomotive performance and track 

25 wear 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 collabo6 rate with railroad carriers, labor organizations rep7 resenting railroad employees, and railroad safety tech8 nology manufacturers. 

9 (d) RESULTS OF STUDY.— 

10 (1) REPORT.—Not later than 24 months after 

11 the date of enactment of this Act, the Secretary 

12 shall submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives 

14 and the Committee on Commerce, Science, and 

15 Transportation of the Senate a report that con16 tains— 

17 (A) the results of the study required by 

18 subsection (a); 

19 (B) any recommendations for mitigating 

20 safety risks caused by long trains; and 

21 (C) a description of any action the Sec22 retary intends to take to address any safety risk 

23 identified in the study. 

24 (2) SHARING STUDY RESULTS.—After submit25 ting the report required by paragraph (1), the SecVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 01172 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 retary shall share the results of the study with rail2 road carriers, labor organizations representing rail3 road employees, and safety technology organizations. 

4 (e) SECRETARY ACTION.—Not later than 180 days 

5 after the date on which the report required by subsection 

6 (d)(1) is submitted, the Secretary shall implement any 

7 proposed actions described in such report. 

8 (f) DEFINITION.—In this section, the term ‘‘long 

9 train’’ means a freight train composed of more than 150 

10 rail cars. 

11 (g) FUNDING.—From the amounts made available 

12 for fiscal year 2021 to carry out section 20117(a) of title 

13 49, United States Code, the Secretary shall expend not 

14 less than $1,000,000 and not more than $2,000,000 to 

15 carry out this section. 

16 SEC. 9502. FRA SAFETY REPORTING. 

17 (a) IN GENERAL.—Section 20901 of title 49, United 

18 States Code, is amended by inserting ‘‘(including the train 

19 length, the number of crew members in the controlling lo20 comotive cab, and the duties of such crew members)’’ after 

21 ‘‘reported accident or incident’’. 

22 (b) REGULATIONS.—Not later than 1 year after the 

23 date of enactment of this Act, the Secretary of Transpor24 tation shall issue such regulations as are necessary to 

25 carry out the amendment made by subsection (a). 


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1 (c) TREND ANALYSIS.— 

2 (1) IN GENERAL.—Chapter 209 of title 49, 

3 United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 20904. Trend analysis 

6 ‘‘(a) ANNUAL REVIEW AND ANALYSIS.—Not later 

7 than 1 year after the date of enactment of the TRAIN 

8 Act, and not less frequently than annually thereafter, the 

9 Secretary shall review the reports filed by a railroad car10 rier subject to section 20901(a) and analyze the data con11 tained in such reports for trends or patterns of potential 

12 safety risks. 

13 ‘‘(b) SECRETARY ACTION.—If the Secretary identi14 fies any such trends or patterns, the Secretary shall— 

15 ‘‘(1) take such actions as are necessary to ad16 dress the potential safety risk; and 

17 ‘‘(2) if appropriate, communicate any such 

18 trends or patterns to a representative of any rel19 evant railroad carrier and a representative of the 

20 employees of such railroad carrier, including any 

21 nonprofit employee labor organization representing a 

22 craft or class of employees subject to the potential 

23 safety risk.’’. 


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1 (2) CLERICAL AMENDMENT.—The analysis for 

2 chapter 209 of title 49, United States Code, is 

3 amended by adding at the end the following: 

‘‘20904. Trend analysis.’’. 

4 (d) ACCIDENT AND INCIDENT REPORTING.—Section 

5 209 of the Rail Safety Improvement Act of 2008 (49 

6 U.S.C. 20901 note) is amended by inserting ‘‘, and other 

7 events required to be reported under part 225 of title 49, 

8 Code of Federal Regulations,’’ after ‘‘collisions and fatali9 ties’’. 

10 SEC. 9503. WAIVER NOTICE REQUIREMENTS. 

11 Section 20103(d) of title 49, United States Code, is 

12 amended to read as follows: 

13 ‘‘(d) NONEMERGENCY WAIVERS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may waive 

15 or suspend compliance with any part of a regulation 

16 prescribed or order issued under this chapter if the 

17 waiver or suspension is in the public interest and 

18 consistent with railroad safety. 

19 ‘‘(2) NOTICE REQUIRED.—The Secretary 

20 shall— 

21 ‘‘(A) provide timely public notice of any re22 quest for a waiver or suspension under this sub23 section; 


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1 ‘‘(B) make the application for such waiver 

2 or suspension and any related underlying data 

3 available to interested parties; 

4 ‘‘(C) provide the public with notice and a 

5 reasonable opportunity to comment on a pro6 posed waiver or suspension under this sub7 section before making a final decision; and 

8 ‘‘(D) make public the reasons for granting 

9 a waiver or suspension under this subsection. 

10 ‘‘(3) INFORMATION PROTECTION.—Nothing in 

11 this subsection shall be construed to require the re12 lease of information protected by law from public 

13 disclosure.’’. 

14 SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY CUL15 TURE ASSESSMENTS. 

16 (a) INITIAL NOTICE.—If the Federal Railroad Ad17 ministration initiates a comprehensive safety culture as18 sessment of an entity providing regularly scheduled inter19 city or commuter rail passenger transportation, the Ad20 ministration shall notify in electronic format 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 of such com24 prehensive safety culture assessment not later than 10 

25 business days after the date on which commencement of 


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1 any field investigation activity that is part of such assess2 ment occurs. 

3 (b) FINDINGS.—Not later than 180 days after com4 pletion of a comprehensive safety culture assessment de5 scribed in subsection (a), the Federal Railroad Adminis6 tration shall transmit in electronic format to the Com7 mittee on Transportation and Infrastructure of the House 

8 of Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate a summary re10 port of the findings of such assessment. 

11 (c) DEFINITION OF COMPREHENSIVE SAFETY CUL12 TURE ASSESSMENT.—In this section, the term ‘‘com13 prehensive safety culture assessment’’ means a focused re14 view initiated and managed by the Federal Railroad Ad15 ministration based on findings from an accident investiga16 tion and involving at least 2 technical disciplines, with the 

17 purpose of examining the safety culture of an entity pro18 viding regularly scheduled intercity or commuter rail pas19 senger transportation. 

20 SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 

21 Section 20902 of title 49, United States Code, is 

22 amended— 

23 (1) in subsection (b) by striking ‘‘subpena’’ and 

24 inserting ‘‘subpoena’’; 


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1 (2) in subsection (c) by inserting ‘‘The Sec2 retary shall develop a process to make available to 

3 a representative of the railroad carrier that is the 

4 subject of an accident or incident investigation, and 

5 to a representative of the employees of such railroad 

6 carrier, including a nonprofit employee labor organi7 zation representing railroad workers, a draft inves8 tigation report for timely review and comment.’’ 

9 after the period at the end; and 

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

11 ‘‘(d) GATHERING INFORMATION AND TECHNICAL

12 EXPERTISE.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall create 

14 a standard process for investigators to use during 

15 accident and incident investigations conducted under 

16 this section to— 

17 ‘‘(A) gather information about an accident 

18 or incident under investigation from railroad 

19 carriers, contractors or employees of railroad 

20 carriers or representatives of employees of rail21 road carriers, and others determined relevant 

22 by the Secretary; and 

23 ‘‘(B) consult with railroad carriers, con24 tractors or employees of railroad carriers or 

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1 riers, and others determined relevant by the 

2 Secretary, for technical expertise on the facts of 

3 the accident or incident under investigation. 

4 ‘‘(2) CONFIDENTIALITY.—In developing the 

5 process under paragraph (1), the Secretary shall fac6 tor in ways to maintain the confidentiality of any en7 tity identified under paragraph (1) if— 

8 ‘‘(A) such entity requests confidentiality; 

9 ‘‘(B) such entity was not involved in the 

10 accident or incident; and 

11 ‘‘(C) maintaining such entity’s confiden12 tiality does not adversely affect an investigation 

13 of the Federal Railroad Administration. 

14 ‘‘(3) APPLICATION OF LAW.—This subsection 

15 shall not apply to any investigation carried out by 

16 the National Transportation Safety Board.’’. 

17 SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 

18 (a) IN GENERAL.—Subchapter II of chapter 201 of 

19 title 49, United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘§ 20169. Freight train crew size safety standards 

22 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 

23 operated unless such train has a 2-person crew of at least 

24 1 appropriately qualified and certified conductor and one 

25 appropriately qualified and certified locomotive engineer. 


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1 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 

2 (d), the prohibition in subsection (a) shall not apply in 

3 any of the following circumstances: 

4 ‘‘(1) Train operations on track that is not a 

5 main line track. 

6 ‘‘(2) A train operated— 

7 ‘‘(A) by a railroad carrier that has fewer 

8 than 400,000 total employee work hours annu9 ally and less than $40,000,000 annual revenue 

10 (adjusted for inflation as measured by the Sur11 face Transportation Board Railroad Inflation12 Adjusted Index); 

13 ‘‘(B) at a speed of not more than 25 miles 

14 per hour; and 

15 ‘‘(C) on a track with an average track 

16 grade of less than 2 percent for any segment of 

17 track that is at least 2 continuous miles. 

18 ‘‘(3) Locomotives performing assistance to a 

19 train that has incurred mechanical failure or lacks 

20 the power to traverse difficult terrain, including 

21 traveling to or from the location where assistance is 

22 provided. 

23 ‘‘(4) Locomotives that— 

24 ‘‘(A) are not attached to any equipment or 

25 attached only to a caboose; and 


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1 ‘‘(B) do not travel farther than 30 miles 

2 from the point of origin of such locomotive. 

3 ‘‘(5) Train operations staffed with fewer than a 

4 two-person crew at least 1 year prior to the date of 

5 enactment of this section, if the Secretary deter6 mines that the operation achieves an equivalent level 

7 of safety. 

8 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex9 ceptions under subsection (b) may not be applied to— 

10 ‘‘(1) a train transporting 1 or more loaded cars 

11 carrying material toxic by inhalation, as defined in 

12 section 171.8 of title 49, Code of Federal Regula13 tions; 

14 ‘‘(2) a train carrying 20 or more loaded tank 

15 cars of a Class 2 material or a Class 3 flammable 

16 liquid in a continuous block or a single train car17 rying 35 or more loaded tank cars of a Class 2 ma18 terial or a Class 3 flammable liquid throughout the 

19 train consist; or 

20 ‘‘(3) a train with a total length of 7,500 feet or 

21 greater. 

22 ‘‘(d) WAIVER.—A railroad carrier may seek a waiver 

23 of the requirements of this section pursuant to section 

24 20103(d).’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for sub2 chapter II of chapter 201 of title 49, United States Code, 

3 is amended by adding at the end the following: 

‘‘20169. Freight train crew size safety standards.’’. 

4 SEC. 9507. BORDER CROSSINGS. 

5 (a) BORDER CROSSINGS.—The Secretary of Trans6 portation shall require that— 

7 (1) any railroad carrier that is operating a 

8 freight train across the southern border into the 

9 United States operates the train continually until 

10 the last car of the train passes through the scanning 

11 facility used for nonintrusive inspection by U.S. Cus12 toms and Border Protection located at such border; 

13 (2) when the last car of such train passes 

14 through such facility, the railroad carrier shall stop 

15 such train to conduct a crew interchange and any 

16 federally-mandated safety testing; and 

17 (3) the railroad carrier ensures that the only in18 dividuals that operate such trains after carrying out 

19 the activities described in paragraph (2) are individ20 uals— 

21 (A) who are United States nationals or 

22 aliens lawfully admitted for permanent resi23 dence in the United States; and 

24 (B) whose primary reporting point is in 

25 the United States. 


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1 (b) FUNDING.— 

2 (1) SET-ASIDE.—From the amounts made 

3 available to carry out section 22907 of title 49, 

4 United States Code, the Secretary shall set aside, 

5 for each of fiscal years 2022 through 2026, 

6 $60,000,000 for projects to prevent blocked crossing 

7 incidents as a result of operations made necessary 

8 by subsection (a). Projects eligible for funding under 

9 this paragraph are— 

10 (A) highway-rail grade crossing separation 

11 projects eligible under such section that are lo12 cated not further than 1.5 miles from a scan13 ning facility described in subsection (a)(1); and 

14 (B) projects eligible under such section to 

15 relocate a rail line to prevent blocked crossing 

16 incidents resulting from trains crossing the 

17 southern border. 

18 (2) UNOBLIGATED FUNDS.—Any funds pro19 vided under paragraph (1) that are unobligated at 

20 the end of the second fiscal year following the fiscal 

21 year in which such funds are set aside may be used 

22 for any eligible project under section 22907. 

23 (c) AGREEMENT.—The Secretary shall ensure that a 

24 recipient of funds made available under subsection 

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1 rier operating over the infrastructure constructed or im2 proved with such funds that includes a requirement that 

3 any such railroad carrier may not operate trains over such 

4 infrastructure that, due to the length of the train, are like5 ly to cause blocked crossing incidents. 

6 (d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed as amending any safety regulation 

8 of the Federal Railroad Administration or amending or 

9 revoking any waivers such Administration has granted 

10 under section 20103 of title 49, United States Code. 

11 (e) DEFINITIONS.—In this section: 

12 (1) RAILROAD CARRIER.—The term ‘‘railroad 

13 carrier’’ has the meaning given such term in section 

14 20102 of title 49, United States Code. 

15 (2) SOUTHERN BORDER.—The term ‘‘southern 

16 border’’ means the international border between the 

17 United States and Mexico. 

18 (3) BLOCKED CROSSING INCIDENT.—The term 

19 ‘‘blocked crossing incident’’ has the meaning given 

20 such term in section 20174(f) of title 49, United 

21 States Code. 

22 SEC. 9508. YARDMASTERS HOURS OF SERVICE. 

23 (a) LIMITATIONS ON DUTY HOURS OF YARDMASTER

24 EMPLOYEES.—Section 21103 of title 49, United States 

25 Code, is amended— 


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1 (1) in the section heading by inserting ‘‘AND

2 YARDMASTER EMPLOYEES’’ after ‘‘TRAIN EM3 PLOYEES’’; 

4 (2) by inserting ‘‘or yardmaster employee’’ after 

5 ‘‘train employee’’ each place it appears; and 

6 (3) in subsection (e) by inserting ‘‘or 

7 yardmaster employee’s’’ after ‘‘During a train em8 ployee’s’’. 

9 (b) DEFINITIONS.—Section 21101 of title 49, United 

10 States Code, is amended— 

11 (1) in paragraph (3) by inserting ‘‘a yardmaster 

12 employee,’’ after ‘‘dispatching service employee,’’; 

13 and 

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

15 ‘‘(6) ‘yardmaster employee’ means an indi16 vidual responsible for supervising and coordi17 nating the control of trains and engines oper18 ating within a rail yard.’’. 

19 (c) CONFORMING AMENDMENT.—The analysis for 

20 chapter 211 of title 49, United States Code, is amended 

21 by striking the item relating to section 21103 and insert22 ing the following: 

‘‘21103. Limitations on duty hours of train employees and yardmaster employees.’’. 


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1 SEC. 9509. LEAKING BRAKES. 

2 (a) IN GENERAL.—The Administrator of the Federal 

3 Railroad Administration shall take such actions as are 

4 necessary to prohibit the use of any service air brake con5 trol valve or emergency air brake control valve in any loca6 tion north of the 37th parallel during the period beginning 

7 on November 1 and ending on March 31 of any year if— 

8 (1) the period between the date on which the 

9 air brake control valve is in use and the date of the 

10 manufacture or recondition of such valve exceeds 15 

11 years; and 

12 (2) the air brake control valve is operated in— 

13 (A) a unit train on or after August 1, 

14 2023; 

15 (B) a train transporting 1 or more mate16 rials poisonous by inhalation, as such term is 

17 defined in section 171.8 of title 49, Code of 

18 Federal Regulations, on or after August 1, 

19 2023; or 

20 (C) a non-unit train on or after August 1, 

21 2025. 

22 (b) REPORTS.—Not later than 1 year after the date 

23 of enactment of this Act, and every year thereafter until 

24 air brake control valves described in subsection (a) are no 

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1 trator shall transmit to the Committee on Transportation 

2 and Infrastructure of the House of Representatives and 

3 the Committee on Commerce, Science, and Transportation 

4 of the Senate a report that identifies— 

5 (1) the estimated number of such air brake con6 trol valves in use on— 

7 (A) unit trains operating north of the 37th 

8 parallel between November 1 and April 1; and 

9 (B) trains transporting 1 or more material 

10 poisonous-by-inhalation operating north of the 

11 37th parallel during the period beginning on 

12 November 1 and ending on March 31; 

13 (2) any issues affecting the industry’s progress 

14 toward ensuring that such air brake control valves 

15 are phased out in accordance with the requirements 

16 of subsection (a); and 

17 (3) efforts the Administrator has taken since 

18 the previous report to ensure such air brake control 

19 valves are phased out in accordance with the re20 quirements of subsection (a). 

21 SEC. 9510. REPORT ON PTC SYSTEM FAILURES. 

22 Section 20157 of title 49, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(m) REPORT OF SYSTEM FAILURES.—The Sec25 retary shall require railroad carriers and other entities 


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1 subject to subsection (a) to regularly report to the Sec2 retary failures of positive train control systems. The Sec3 retary shall prescribe the type of failure, format, interval, 

4 and detail required for reports submitted under this sub5 section.’’. 

6 SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Secretary of Transpor9 tation shall issue final regulations on fatigue management 

10 plans based on the notice of proposed rulemaking pub11 lished on December 22, 2020, titled ‘‘Fatigue Risk Man12 agement Programs for Certain Passenger and Freight 

13 Railroads’’ (85 Fed. Reg. 83484; Docket No. FRA–2015– 

14 0122). 

15 (b) MONITORING.— 

16 (1) FATIGUE AS CAUSE OR CONTRIBUTING FAC17 TOR.—If a Federal Railroad Administration railroad 

18 accident or incident investigation conducted under 

19 section 20902 of title 49, United States Code, iden20 tifies that fatigue was a casual or contributing factor 

21 to an accident or incident, the Secretary may reopen 

22 a fatigue management plan of a passenger railroad 

23 operation or a railroad subject to part 270 or part 

24 271, respectively, of title 49, Code of Federal Regu25 lations. 


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1 (2) FATIGUE AS SYSTEMIC ISSUE.—If the Sec2 retary determines that fatigue is a systemic issue for 

3 a passenger railroad operation or railroad, the Sec4 retary shall reopen a fatigue management plan of 

5 such passenger railroad operation or a railroad sub6 ject to part 270 or part 271, respectively, of title 49, 

7 Code of Federal Regulations. 

8 (3) REOPENING OF FATIGUE MANAGEMENT

9 PLAN.—If the Secretary reopens a fatigue manage10 ment plan under paragraph (1) or (2), the Secretary 

11 shall— 

12 (A) consider whether any statement filed 

13 under sections 270.208(e) and 271.207(e) of 

14 title 49, Code of Federal Regulations, addressed 

15 such plan; and 

16 (B) consult with employees, including labor 

17 organizations representing railroad employees, 

18 of the passenger railroad operation or railroad 

19 that has a reopened fatigue management plan. 

20 SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS. 

21 (a) IN GENERAL.—Subchapter II of chapter 201 of 

22 title 49, United States Code, as amended by this division, 

23 is further amended by adding at the end the following: 


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1 ‘‘§ 20170. Assault prevention and response plans 

2 ‘‘(a) IN GENERAL.—Not later than 180 days after 

3 the date of enactment of the TRAIN Act, any entity that 

4 provides regularly scheduled intercity or commuter rail 

5 passenger transportation shall submit to the Secretary of 

6 Transportation for review and approval an assault preven7 tion and response plan (in this section referred to as the 

8 ‘Plan’) to address transportation assaults. 

9 ‘‘(b) CONTENTS OF PLAN.—The Plan required under 

10 subsection (a) shall include— 

11 ‘‘(1) procedures that— 

12 ‘‘(A) facilitate the reporting of a transpor13 tation assault, including the notification of on14 site personnel, rail law enforcement, and local 

15 law enforcement; 

16 ‘‘(B) personnel should follow up on the re17 porting of a transportation assault, including 

18 actions to protect affected individuals from con19 tinued assault; 

20 ‘‘(C) may be taken to remove the pas21 senger or personnel who has committed a trans22 portation assault from the train or related area 

23 or facility as soon as practicable when appro24 priate; 


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1 ‘‘(D) include protections and safe reporting 

2 practices for passengers who may have been as3 saulted by personnel; and 

4 ‘‘(E) may limit or prohibit, to the extent 

5 practicable, future travel with the entity de6 scribed in subsection (a) by any passenger or 

7 personnel who commits a transportation assault 

8 against personnel or passengers; 

9 ‘‘(2) a policy that ensures an employee who is 

10 a victim or witness of a transportation assault may 

11 participate in the prosecution of a criminal offense 

12 of such assault without any adverse effect on the vic13 tim’s or witnesses’ employment status; and 

14 ‘‘(3) a process and timeline for conducting an 

15 annual review and update of the Plan. 

16 ‘‘(c) NOTICE TO PASSENGERS.—An entity described 

17 under subsection (a) shall display onboard trains and in 

18 boarding areas, as appropriate, a notice stating the enti19 ty’s abilities to restrict future travel under subsection 

20 (b)(1)(E). 

21 ‘‘(d) PERSONNEL TRAINING.—An entity described 

22 under subsection (a) shall provide initial and annual train23 ing for all personnel on the contents of the Plan, including 

24 training regarding— 

25 ‘‘(1) the procedures described in subsection (b); 


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1 ‘‘(2) methods for responding to hostile situa2 tions, including de-escalation training; and 

3 ‘‘(3) rights and responsibilities of personnel 

4 with respect to a transportation assault on them5 selves, other personnel, or passengers. 

6 ‘‘(e) PERSONNEL PARTICIPATION.—The Plan re7 quired under subsection (a) shall be developed and imple8 mented with the direct participation of personnel, and, as 

9 applicable, labor organizations representing personnel. 

10 ‘‘(f) REPORTING.— 

11 ‘‘(1) INCIDENT NOTIFICATION.— 

12 ‘‘(A) IN GENERAL.—Not later than 10 

13 days after a transportation assault incident, the 

14 applicable entity described in subsection (a) 

15 shall notify personnel employed at the location 

16 in which the incident occurred. In the case of 

17 an incident on a vehicle, such entity shall notify 

18 personnel regularly scheduled to carry out em19 ployment activities on the service route on 

20 which the incident occurred. 

21 ‘‘(B) CONTENT OF INCIDENT REPORT.— 

22 The notification required under paragraph (1) 

23 shall— 

24 ‘‘(i) include a summary of the inci25 dent; and 


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1 ‘‘(ii) be written in a manner that pro2 tects the confidentiality of individuals in3 volved in the incident. 

4 ‘‘(2) ANNUAL REPORT.—For each calendar 

5 year, each entity with respect to which a transpor6 tation assault incident has been reported during 

7 such year shall submit to the Secretary a report that 

8 describes— 

9 ‘‘(A) the number of assault incidents re10 ported to the entity, including— 

11 ‘‘(i) the number of incidents com12 mitted against passengers; and 

13 ‘‘(ii) the number of incidents com14 mitted against personnel; and 

15 ‘‘(B) the number of assault incidents re16 ported to rail or local law enforcement by per17 sonnel of the entity. 

18 ‘‘(3) PUBLICATION.—The Secretary shall make 

19 available to the public on the primary website of the 

20 Federal Railroad Administration the data collected 

21 under paragraph (2). 

22 ‘‘(4) DATA PROTECTION.—Data made available 

23 under this subsection shall be made available in a 

24 manner that protects the confidentiality of individ25 uals involved in transportation assault incidents. 


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1 ‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.— 

2 In this section, the term ‘transportation assault’ means 

3 the occurrence, or reasonably suspected occurrence, of an 

4 act that— 

5 ‘‘(1) constitutes assault; 

6 ‘‘(2) is committed by a passenger or member of 

7 personnel of an entity that provides regularly sched8 uled intercity or commuter rail passenger transpor9 tation against another passenger or member of per10 sonnel of such entity; and 

11 ‘‘(3) takes place— 

12 ‘‘(A) within a vehicle of such entity; or 

13 ‘‘(B) in an area in which passengers are 

14 entering or exiting a vehicle described in sub15 paragraph (A); or 

16 ‘‘(C) at a station or facility where such en17 tity operates, regardless of ownership of the 

18 station or facility.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

20 subchapter II of chapter 201 of title 49, United States 

21 Code, as amended by this division, is further amended by 

22 adding at the end the following: 

‘‘20170. Assault prevention and response plans.’’. 


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1 SEC. 9513. CRITICAL INCIDENT STRESS PLANS. 

2 The Secretary of Transportation shall issue such reg3 ulations as are necessary to amend part 272 of title 49, 

4 Code of Federal Regulations, to ensure that— 

5 (1) the coverage of a critical incident stress 

6 plan under section 272.7 of such part includes di7 rectly involved employees of commuter railroads and 

8 intercity passenger railroads, as such terms are de9 fined in section 272.9 of such part; and 

10 (2) assault and the witnessing of an assault 

11 against an employee or train passenger is included 

12 in the definition of critical incident under section 

13 272.9 of such part. 

14 SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICA15 TION. 

16 (a) AUDIT OF PROGRAMS.— 

17 (1) IN GENERAL.—Subchapter II of chapter 

18 201 of title 49, United States Code, as amended by 

19 this division, is further amended by adding at the 

20 end the following: 

21 ‘‘§ 20171. Audit of qualification and certification pro22 grams 

23 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

24 date of enactment of the TRAIN Act, and not less fre25 quently than every 5 years thereafter, the Secretary shall 

26 conduct an audit of— 


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1 ‘‘(1) the qualification and certification program 

2 of locomotive engineers of each Class I railroad car3 rier subject to the requirements of part 240 of title 

4 49, Code of Federal Regulations; and 

5 ‘‘(2) the qualification and certification program 

6 of conductors of each Class I railroad carrier subject 

7 to the requirements of part 242 of title 49, Code of 

8 Federal Regulations. 

9 ‘‘(b) CONTENTS OF AUDIT.—In carrying out the 

10 audit required under subsection (a), the Secretary shall— 

11 ‘‘(1) consider whether the training, qualifica12 tion, and continuing education components of the 

13 programs described in subsection (a) comply with 

14 regulations in parts 240 and 242 of title 49, Code 

15 of Federal Regulations; 

16 ‘‘(2) assess the quality of the training that rail17 road carriers provide locomotive engineers and con18 ductors under such programs; 

19 ‘‘(3) determine whether such programs provide 

20 locomotive engineers and conductors the knowledge, 

21 skill, and ability to safely operate the types of loco22 motives or trains a railroad carrier may require a lo23 comotive engineer and conductor to operate, includ24 ing all associated technology used on such loco25 motives or trains; 


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1 ‘‘(4) determine whether the training, qualifica2 tion, and continuing education components of such 

3 programs reflect the operating practices of the rail4 road carrier carrying out such components; 

5 ‘‘(5) assess whether a railroad carrier con6 ducting such programs provides locomotive engineers 

7 or conductors adequate at-controls training before 

8 certification; and 

9 ‘‘(6) address any other safety issues the Sec10 retary determines appropriate for preparing loco11 motive engineers and conductors. 

12 ‘‘(c) DEFICIENCY IN QUALIFICATION AND CERTIFI13 CATION PROGRAM.—If, in conducting the audit required 

14 under this section, the Secretary identifies a deficiency in 

15 a railroad carrier’s qualification and certification program 

16 of locomotive engineers or the qualification and certifi17 cation program of conductors, the Secretary shall require 

18 the railroad carrier to update such program to eliminate 

19 the deficiency. 

20 ‘‘(d) CONSULTATION.—In conducting the audit re21 quired under this section, the Secretary shall consult with 

22 representatives of each railroad carrier and representa23 tives of the employees of the railroad carrier, including 

24 any nonprofit employee labor organization representing 

25 engineers or conductors of the railroad carrier. 


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1 ‘‘(e) COOPERATION.— 

2 ‘‘(1) IN GENERAL.—A railroad carrier and em3 ployees of the railroad carrier, including any non4 profit employee labor organization representing engi5 neers or conductors of the railroad carrier, shall co6 operate fully with the Secretary during an audit re7 quired under this section. 

8 ‘‘(2) DOCUMENTS; INTERVIEWS.—A railroad 

9 carrier shall provide any documents requested by the 

10 Secretary or make available any employee for inter11 view with the Secretary without undue delay or ob12 struction. 

13 ‘‘(f) REPORT TO CONGRESS.—Not later than 90 days 

14 after the date on which the Secretary completes an audit 

15 under subsection (a), the Secretary shall submit to the 

16 Committee on Transportation and Infrastructure of the 

17 House of Representatives and the Committee on Com18 merce, Science, and Transportation of the Senate a report 

19 that summarizes the results of the audit.’’. 

20 (2) CLERICAL AMENDMENT.—The analysis for 

21 subchapter II of chapter 201 of title 49, United 

22 States Code, as amended by this division, is further 

23 amended by adding at the end the following: 

‘‘20171. Audit of qualification and certification programs.’’. 

24 (b) REVIEW OF REGULATIONS.— 


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1 (1) IN GENERAL.—The Secretary of Transpor2 tation shall determine whether any update to part 

3 240 or 242, of title 49, Code of Federal Regulations, 

4 is necessary to prepare locomotive engineers and 

5 conductors to safely operate trains. 

6 (2) REQUIREMENTS.—In making a determina7 tion under paragraph (1), the Secretary shall— 

8 (A) evaluate, taking into account the re9 quirements of section 20169 of title 49, United 

10 States Code, whether such parts establish Fed11 eral standards for railroad carriers to— 

12 (i) provide locomotive engineers and 

13 conductors the knowledge, skill and ability 

14 to safely operate trains under conditions 

15 that reflect industry practices; 

16 (ii) adequately address locomotive en17 gineer and conductor situational aware18 ness; 

19 (iii) require adequate at-controls 

20 training before a locomotive engineer or 

21 conductor is certified; 

22 (iv) adequately prepare locomotive en23 gineers and conductors to understand all 

24 locomotive operating characteristics; 


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1 (v) sufficiently require locomotive en2 gineers and conductors to demonstrate 

3 knowledge on the physical characteristics 

4 of a territory under various conditions and 

5 using various resources; and 

6 (vi) address any other safety issue the 

7 Secretary determines appropriate for bet8 ter preparing locomotive engineers and 

9 conductors; and 

10 (B) consider the results of the audit re11 quired by section 20171 of title 49, United 

12 States Code. 

13 (3) REPORT TO CONGRESS.—Not later than 

14 180 days after the date on which the Secretary sub15 mits the report required under section 20171(f) of 

16 title 49, United States Code, the Secretary shall 

17 submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the 

19 Committee on Commerce, Science, and Transpor20 tation of the Senate a report that includes the find21 ings of the review required under paragraph (1) and 

22 a description of any action the Secretary intends to 

23 take to improve, or increase the effectiveness of the 

24 requirements of, part 240 or 242 of title 49, Code 

25 of Federal Regulations. 


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1 (4) RULEMAKING.—If the Secretary determines 

2 under paragraph (1) that any update to part 240 or 

3 242 is necessary to prepare locomotive engineers or 

4 conductors to safely operate locomotives or trains, 

5 the Secretary shall issue a rulemaking to carry out 

6 such update. 

7 (5) APPLICATION OF LAW.—Any action the Sec8 retary takes as a result of a determination made 

9 under paragraph (1) shall be consistent with section 

10 20169 of title 49, United States Code. 

11 (6) DEFINITION OF RAILROAD CARRIER.—In 

12 this subsection, the term ‘‘railroad carrier’’ has the 

13 meaning given such term in section 20102 of title 

14 49, United States Code. 

15 SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION. 

16 (a) IN GENERAL.—Subchapter II of chapter 201 of 

17 title 49, United States Code, as amended by this division, 

18 is further amended by adding at the end the following: 

19 ‘‘§ 20172. Safety management team communication 

20 ‘‘The Administrator of the Federal Railroad Adminis21 tration shall implement a process for the communication 

22 of information between safety management teams of the 

23 Administration and railroad employees, including any non24 profit employee labor organization representing railroad 

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1 frame for a safety management team to respond to com2 munication from such railroad employees.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for sub4 chapter II of chapter 201 of title 49, United States Code, 

5 as amended by this division, is further amended by adding 

6 at the end the following: 

‘‘20172. Safety management team communication.’’. 

7 SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF 

8 RAILROAD SAFETY. 

9 (a) STUDY.—The Comptroller General of the United 

10 States shall conduct a study comparing the Office of Rail11 road Safety of the Federal Railroad Administration before 

12 and after the reorganization of such Office that took effect 

13 on June 8, 2020. 

14 (b) CONTENTS.—The study conducted under sub15 section (a) shall evaluate— 

16 (1) the differences in the structure of the Office 

17 before and after such reorganization; 

18 (2) any differences in the communication be19 tween the Office and railroad carriers and the em20 ployees of railroad carriers before and after such re21 organization; 

22 (3) any differences in the communication be23 tween Federal Railroad Administration safety in24 spectors and other specialists before and after such 

25 reorganization, and the impacts of such differences; 


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1 (4) whether the structure before or after such 

2 reorganization better protects against regulatory 

3 capture; 

4 (5) whether the structure before or after such 

5 reorganization is better at promoting and ensuring 

6 safety; 

7 (6) whether the structure before or after such 

8 reorganization more closely resembles the structure 

9 of other Department of Transportation modal agen10 cies that have enforcement authority similar to the 

11 Federal Railroad Administration; and 

12 (7) any other issues the Comptroller General 

13 determines are relevant. 

14 (c) INFORMATION COLLECTION.—In conducting the 

15 study required under this section, the Comptroller General 

16 shall collect information from the following entities: 

17 (1) The Federal Railroad Administration. 

18 (2) Freight rail carriers and passenger rail car19 riers. 

20 (3) Employees of freight rail carriers and pas21 senger rail carriers. 

22 (4) Other entities the Comptroller General de23 termines are relevant. 

24 (d) REPORT.—Not later than 1 year after the date 

25 of enactment of this Act, the Comptroller General shall 


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1 transmit to the Committee on Transportation and Infra2 structure of the House of Representatives and the Com3 mittee on Commerce, Science, and Transportation of the 

4 Senate a report that includes the findings of the study 

5 conducted under subsection (a) and any recommendations 

6 for improving safety and communication between the Of7 fice of Railroad Safety and the entities identified in para8 graphs (2) and (3) of subsection (c). 

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

10 Not later than 1 year after the date of enactment 

11 of this Act, the Administrator of the Federal Railroad Ad12 ministration shall initiate a public process to seek input 

13 on addressing safety risks, spills, emissions, odors, and 

14 other public nuisances associated with top loading rail 

15 cars, open-top hoppers, and gondolas, including evaluating 

16 the feasibility of a requirement that such rail cars be cov17 ered while in transportation, including while being held, 

18 delayed, or transferred. 

19 SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFE20 TY VALIDATION PLAN. 

21 (a) IN GENERAL.—Subchapter I of chapter 201 of 

22 title 49, United States Code, is amended by adding at the 

23 end 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 serv14 ice 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 sub19 mit a safety validation plan required under para20 graph (1) not later than 30 days before the date on 

21 which such entity begins revenue service of a service 

22 or route described in paragraph (1). 

23 ‘‘(b) REQUIREMENTS.— 

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

25 after the date of enactment of the TRAIN Act, the 

26 Secretary shall establish the requirements of the 


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1 safety validation plan described under subsection 

2 (a), including adequate training of all relevant per3 sonnel and a minimum period of simulated service to 

4 ensure 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 

12 a covered entity to submit to the Secretary for re13 view and approval any proposed amendment to a 

14 safety validation plan required under subsection (a). 

15 ‘‘(2) REVIEW AND APPROVAL.—Not later than 

16 5 working days after the date on which the Sec17 retary receives a proposed amendment submitted 

18 under paragraph (1), the Secretary shall review and 

19 approve or deny such proposed amendment. 

20 ‘‘(3) NOTIFICATION.—If the Secretary does not 

21 approve a proposed amendment submitted under 

22 this subsection, the Secretary shall provide written 

23 notice to the covered entity of the specific areas in 

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1 ty may correct such deficiencies and reapply for re2 view and approval under this subsection. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) COVERED ENTITY.—The term ‘covered en5 tity’ 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 sec14 tion 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 applicability 

23 of such regulations to nontraditional and emerging rail 

24 technologies and to identify any gaps in such regulations 


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1 or any challenges to ensuring the safety of such tech2 nologies. 

3 (b) REPORT.—Not later than 18 months after the 

4 date of enactment of this Act, the Secretary shall submit 

5 to the Committee on Transportation and Infrastructure 

6 of the House of Representatives and the Committee on 

7 Commerce, Science, and Transportation of the Senate a 

8 report on the findings of the review conducted under sub9 section (a). 

10 (c) CONTENTS.—The report required under sub11 section (b) shall include a description of— 

12 (1) the applicability of safety regulations in ef13 fect on the date of enactment of this Act to non14 traditional and emerging rail technologies; 

15 (2) whether gaps in the regulations or other 

16 challenges exist that should be addressed in order to 

17 ensure the safety of nontraditional and emerging rail 

18 technologies; 

19 (3) any additional regulations that are nec20 essary to ensure the safety of nontraditional and 

21 emerging rail technologies; and 

22 (4) any additional research that may be needed 

23 to further evaluate and regulate the safety of non24 traditional and emerging rail technologies. 


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1 (d) PUBLIC NOTICE AND COMMENT.—In conducting 

2 the review process under subsection (a), the Secretary 

3 shall provide notice and an opportunity for public com4 ment for not less than 60 days. 

5 (e) NONTRADITIONAL AND EMERGING RAIL TECH6 NOLOGIES DEFINED.—In this section, the term ‘‘nontradi7 tional and emerging rail technologies’’ means nonhighway 

8 ground transportation that runs on electromagnetic guide9 ways in a tube, or system of tubes, that operates in a low10 pressure environment. 

11 Subtitle B—Grade Crossing Safety 

12 SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION 

13 GRANTS. 

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 ‘‘§ 20173. Highway-rail grade crossing separation 

18 grants 

19 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

20 Transportation shall make grants under this section to eli21 gible entities to assist in funding the cost of highway-rail 

22 grade crossing separation projects. 

23 ‘‘(b) APPLICATION REQUIREMENTS.—To be eligible 

24 for a grant under this section, an eligible entity shall sub25 mit to the Secretary an application in such form, in such 


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1 manner, and containing such information as the Secretary 

2 may require, including— 

3 ‘‘(1) an agreement between the entity that owns 

4 or controls the railroad right-of-way and the appli5 cant addressing access to the railroad right-of-way 

6 throughout the project; and 

7 ‘‘(2) a cost-sharing agreement with the funding 

8 amounts that the entity that owns or controls the 

9 railroad right-of-way shall contribute to the project, 

10 which shall be not less than 10 percent of the total 

11 project cost. 

12 ‘‘(c) ELIGIBLE PROJECTS.—The following projects 

13 are eligible to receive a grant under this section: 

14 ‘‘(1) Installation, repair, or improvement of 

15 highway-rail grade crossing separations. 

16 ‘‘(2) Highway-rail grade crossing elimination 

17 incidental to eligible grade crossing separation 

18 projects. 

19 ‘‘(3) Project planning, development, and envi20 ronmental work related to a project described in 

21 paragraph (1) or (2). 

22 ‘‘(d) PROJECT SELECTION CRITERIA.—In awarding 

23 grants under this section, the Secretary— 

24 ‘‘(1) shall give priority to projects that maxi25 mize the safety benefits of Federal funding; and 


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1 ‘‘(2) may evaluate applications on the safety 

2 profile of the existing crossing, 10-year history of ac3 cidents at such crossing, inclusion of the proposed 

4 project on a State highway-rail grade crossing action 

5 plan required under section 11401(b) of the FAST 

6 Act (49 U.S.C. 22501(b)), average daily vehicle traf7 fic, total number of trains per day, average daily 

8 number of crossing closures, the challenges of grade 

9 crossings located near international borders, prox10 imity to established emergency evacuation routes, 

11 and proximity of community resources, including 

12 schools, hospitals, fire stations, police stations, and 

13 emergency medical service facilities. 

14 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

15 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

16 shall estimate the total costs of a project under this 

17 section based on the best available information, in18 cluding any available engineering studies, studies of 

19 economic feasibility, environmental analysis, and in20 formation on the expected use of equipment or facili21 ties. 

22 ‘‘(2) FEDERAL SHARE.—The Federal share for 

23 a project carried out under this section shall not ex24 ceed 85 percent. 


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1 ‘‘(f) GRANT CONDITIONS.—An eligible entity may not 

2 receive a grant for a project under this section unless such 

3 project is in compliance with section 22905. 

4 ‘‘(g) TWO-YEAR LETTERS OF INTENT.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

6 maximum extent practicable, issue a letter of intent 

7 to a recipient of a grant under this section that— 

8 ‘‘(A) announces an intention to obligate for 

9 no more than 2 years for a project an amount 

10 that is not more than the amount stipulated as 

11 the financial participation of the Secretary for 

12 the project; and 

13 ‘‘(B) states that the contingent commit14 ment— 

15 ‘‘(i) is not an obligation of the Fed16 eral Government; and 

17 ‘‘(ii) is subject to the availability of 

18 appropriations for grants under this sec19 tion and subject to Federal laws in force or 

20 enacted after the date of the contingent 

21 commitment. 

22 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

23 ‘‘(A) IN GENERAL.—Not later than 3 days 

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1 graph (1), the Secretary shall submit written 

2 notification to— 

3 ‘‘(i) the Committee on Transportation 

4 and Infrastructure of the House of Rep5 resentatives; 

6 ‘‘(ii) the Committee on Appropriations 

7 of the House of Representatives; 

8 ‘‘(iii) the Committee on Appropria9 tions of the Senate; and 

10 ‘‘(iv) the Committee on Commerce, 

11 Science, and Transportation of the Senate. 

12 ‘‘(B) CONTENTS.—The notification sub13 mitted under subparagraph (A) shall include— 

14 ‘‘(i) a copy of the letter of intent; 

15 ‘‘(ii) the criteria used under sub16 section (d) for selecting the project for a 

17 grant; and 

18 ‘‘(iii) a description of how the project 

19 meets such criteria. 

20 ‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 

21 administrative commitment may be made under subsection 

22 (g) only after amounts are appropriated for such purpose. 

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

24 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en25 tity’ means— 


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1 ‘‘(A) a State; 

2 ‘‘(B) a public agency or publicly chartered 

3 authority; 

4 ‘‘(C) a metropolitan planning organization; 

5 ‘‘(D) a political subdivision of a State; and 

6 ‘‘(E) a Tribal government. 

7 ‘‘(2) METROPOLITAN PLANNING ORGANIZA8 TION.—The term ‘metropolitan planning organiza9 tion’ has the meaning given such term in section 

10 134(b) of title 23. 

11 ‘‘(3) STATE.—The term ‘State’ means a State 

12 of the United States or the District of Columbia.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for sub14 chapter II of chapter 201 of title 49, United States Code, 

15 as amended by this division, is further amended by adding 

16 at the end the following: 

‘‘20173. Highway-rail grade crossing separation grants.’’. 

17 SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT. 

18 Section 22907 of title 49, United States Code (as 

19 amended by this Act), is further amended by adding at 

20 the end the following new subsection: 

21 ‘‘(o) RAIL SAFETY PUBLIC AWARENESS GRANTS.— 

22 ‘‘(1) GRANT.—Of the amounts made available 

23 to carry out this section, the Secretary shall make 

24 grants to nonprofit organizations to carry out public 

25 information and education programs to help prevent 


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1 and reduce rail-related pedestrian, motor vehicle, 

2 and other incidents, injuries, and fatalities, and to 

3 improve awareness along railroad right-of-way and 

4 at railway-highway grade crossings. 

5 ‘‘(2) SELECTION.—Programs eligible for a 

6 grant under this subsection— 

7 ‘‘(A) shall include, as appropriate— 

8 ‘‘(i) development, placement, and dis9 semination of public service announce10 ments in appropriate media; 

11 ‘‘(ii) school presentations, driver and 

12 pedestrian safety education, materials, and 

13 public awareness campaigns; and 

14 ‘‘(iii) disseminating information to the 

15 public on how to identify and report to the 

16 appropriate authorities— 

17 ‘‘(I) unsafe or malfunctioning 

18 highway-rail grade crossings and 

19 equipment; and 

20 ‘‘(II) high-risk and unsafe behav21 ior and trespassing around railroad 

22 right-of-way; and 

23 ‘‘(B) may include targeted and sustained 

24 outreach in communities at greatest risk to de25 velop measures to reduce such risk. 


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1 ‘‘(3) COORDINATION.—Eligible entities shall co2 ordinate program activities with local communities, 

3 law enforcement and emergency responders, and 

4 railroad carriers, as appropriate, and ensure consist5 ency with State highway-rail grade crossing action 

6 plans required under section 11401(b) of the FAST 

7 Act (49 U.S.C. 22501 note) and the report titled 

8 ‘National Strategy to Prevent Trespassing on Rail9 road Property’ issued by the Federal Railroad Ad10 ministration in October 2018. 

11 ‘‘(4) PRIORITIZATION.—In awarding grants 

12 under this subsection, the Administrator shall give 

13 priority to applications for programs that— 

14 ‘‘(A) are nationally recognized; 

15 ‘‘(B) are targeted at schools in close prox16 imity to railroad right-of-way; 

17 ‘‘(C) partner with nearby railroad carriers; 

18 or 

19 ‘‘(D) focus on communities with a recorded 

20 history of repeated pedestrian and motor vehicle 

21 accidents, incidents, injuries, and fatalities at 

22 highway-rail grade crossings and along railroad 

23 right-of-way. 


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1 ‘‘(5) APPLICABILITY.—Section 22905 shall not 

2 apply to contracts and agreements made under this 

3 subsection.’’. 

4 SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 

5 BLOCKING PUBLIC HIGHWAY-RAIL GRADE 

6 CROSSINGS. 

7 (a) IN GENERAL.—Subchapter II of chapter 201 of 

8 title 49, United States Code, as amended by this division, 

9 is further amended by adding at the end the following: 

10 ‘‘§ 20174. Time limit for blocking public highway-rail 

11 grade crossing 

12 ‘‘(a) TIME LIMIT.—A railroad carrier may not cause 

13 a blocked crossing incident that is longer than 10 minutes 

14 in duration, unless the blocked crossing incident is caused 

15 by— 

16 ‘‘(1) a casualty or serious injury; 

17 ‘‘(2) an accident; 

18 ‘‘(3) a track obstruction; 

19 ‘‘(4) actions necessary to comply with Federal 

20 rail safety laws, regulations, or orders issued there21 under unless the action to comply could reasonably 

22 occur at a different time or location; 

23 ‘‘(5) actions necessary to adhere to section 

24 24308; 


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1 ‘‘(6) a train fully contained within rail yard lim2 its 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 

9 exceed the time limit set forth in subsection (a) and are 

10 reported to the blocked crossing database, and such inci11 dents have occurred on at least 3 calendar days within 

12 a 30-day 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 

16 crossing; and 

17 ‘‘(2) investigate the causes of the blocked cross18 ing 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, 

24 upon receiving a notice under subsection (b), main25 tain train location data records for the public highVerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 01218 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684

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1 way-rail grade crossing that was the subject of the 

2 notice. 

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 

13 blocked crossing incident. 

14 ‘‘(3) CONSULTATION.—Beginning on the date 

15 on which a railroad carrier receives a notice under 

16 subsection (b), the Secretary may consult with the 

17 carrier for a period of 60 days to address concerns 

18 with blocked crossing incidents at the public high19 way-rail grade crossing that is the subject of the no20 tice. 

21 ‘‘(4) EXPIRATION OF DATA COLLECTION.—The 

22 requirement to maintain records under paragraph 

23 (1) shall cease with respect to a public highway-rail 

24 grade crossing noticed under subsection (b)(2) if 

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1 ing database for blocked crossing incidents reported 

2 to occur at such grade crossing during the previous 

3 365 consecutive calendar days. 

4 ‘‘(d) CIVIL PENALTIES.— 

5 ‘‘(1) IN GENERAL.—The Secretary may issue 

6 civil penalties in accordance with section 21301 to 

7 railroad carriers for violations of subsection (a) oc8 curring 60 days after the date of submission of a no9 tice under subsection (b). 

10 ‘‘(2) RELEASE OF RECORDS.—Upon the request 

11 of, and under requirements set by, the Secretary, 

12 railroad carriers shall provide the records main13 tained pursuant to subsection (c)(1) to the Adminis14 trator of the Federal Railroad Administration. 

15 ‘‘(3) ALTERNATE ROUTE EXEMPTION.—Civil 

16 penalties may not be issued for violations of sub17 section (a) that occur at a public highway-rail grade 

18 crossing if no alternate route created by a public 

19 highway-rail grade separation exists within a half 

20 mile by road of such public highway-rail grade cross21 ing. 

22 ‘‘(4) GRADE SEPARATION PROJECT.—Civil pen23 alties may not be issued for violations of subsection 

24 (a) if the violation occurs at a public highway-rail 


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1 grade crossing for which there is a proposed grade 

2 separation project— 

3 ‘‘(A) that has received written agreement 

4 from the relevant local authorities; and 

5 ‘‘(B) for which railroad carrier and project 

6 funding from all parties has been budgeted. 

7 ‘‘(5) CONSIDERATIONS.—In determining civil 

8 penalties under this section, the Secretary shall con9 sider increased penalties in a case in which a pattern 

10 of the blocked crossing incidents continue to cause 

11 delays to State or local emergency services. 

12 ‘‘(e) APPLICATION TO AMTRAK AND COMMUTER

13 RAILROADS.—This section shall not apply to Amtrak or 

14 commuter authorities, including Amtrak and commuter 

15 authorities’ operations run or dispatched by a Class I rail16 road. 

17 ‘‘(f) DEFINITIONS.—In this section: 

18 ‘‘(1) BLOCKED CROSSING DATABASE.—The 

19 term ‘blocked crossing database’ means the national 

20 blocked crossing database established under section 

21 20174. 

22 ‘‘(2) BLOCKED CROSSING INCIDENT.—The term 

23 ‘blocked crossing incident’ means a circumstance in 

24 which a train, locomotive, rail car, or other rail 


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1 equipment is stopped in a manner that obstructs 

2 travel at a public highway-rail grade crossing. 

3 ‘‘(3) PUBLIC HIGHWAY-RAIL GRADE CROSS4 ING.—The term ‘public highway-rail grade crossing’ 

5 means a location within a State in which a public 

6 highway, road, or street, including associated side7 walks and pathways, crosses 1 or more railroad 

8 tracks at grade.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for sub10 chapter II of chapter 201 of title 49, United States Code, 

11 is further amended by adding at the end the following new 

12 item: 

‘‘20174. Time limit for blocking public highway-rail grade crossing.’’. 

13 SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE. 

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 ‘‘§ 20175. National blocked crossing database 

18 ‘‘(a) DATABASE.—Not later than 45 days after the 

19 date of enactment of the TRAIN Act, the Secretary of 

20 Transportation shall establish a national blocked crossings 

21 database for the public to report blocked crossing inci22 dents. 

23 ‘‘(b) PUBLIC AWARENESS.—Not later than 60 days 

24 after the date of enactment of the TRAIN Act, the Sec25 retary shall require each railroad carrier to publish the 


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1 active link to report blocked crossing incidents on the 

2 website of the national blocked crossings database de3 scribed in subsection (a) on the home page of the publicly4 available website of the railroad carrier. 

5 ‘‘(c) BLOCKED CROSSING INCIDENT; PUBLIC HIGH6 WAY-RAIL GRADE CROSSING.—In this section, the terms 

7 ‘blocked crossing incident’ and ‘public highway-rail grade 

8 crossing’ have the meanings given the terms in section 

9 20174.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for sub11 chapter II of chapter 201 of title 49, United States Code, 

12 is further amended by adding at the end the following new 

13 item: 

‘‘20175. National blocked crossing database.’’. 

14 SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED 

15 CROSSING MATTERS. 

16 Section 20152 of title 49, United States Code, is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (C) by striking 

21 ‘‘or’’ at the end; 

22 (ii) by redesignating subparagraph 

23 (D) as subparagraph (E); and 

24 (iii) by inserting the following after 

25 subparagraph (C): 


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1 ‘‘(D) blocked crossing incident, as defined 

2 in section 20174; or’’; 

3 (B) in paragraph (4)— 

4 (i) by striking ‘‘paragraph (1)(C) or 

5 (D)’’ and inserting ‘‘subparagraph (C), 

6 (D), or (E) of paragraph (1)’’; and 

7 (ii) by striking ‘‘and’’ at the end; 

8 (C) in paragraph (5) by striking the period 

9 at the end and inserting a semicolon ; and 

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

11 ‘‘(6) upon receiving a report of a blocked cross12 ing pursuant to paragraph (1)(D), the railroad car13 rier shall, within 14 days of receipt of the report— 

14 ‘‘(A) verify that the public highway-rail 

15 grade crossing, as defined in section 20174, was 

16 blocked for a period of at least 10 minutes; and 

17 ‘‘(B) upon positive verification of the re18 port, enter the report into the national blocked 

19 crossings database established in section 20174; 

20 and 

21 ‘‘(7) promptly inform the Secretary of any up22 date to the number maintained under paragraph 

23 (1).’’; and 

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


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1 ‘‘(c) PUBLICATION OF TELEPHONE NUMBERS.—The 

2 Secretary shall make any telephone number established 

3 under subsection (a) publicly available on the website of 

4 the Department of Transportation.’’. 

5 SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVEN6 TORY REVIEW. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Secretary of Transpor9 tation shall expend such sums as are necessary to conduct 

10 a comprehensive review of the national highway-rail cross11 ing inventory of the Department of Transportation estab12 lished under section 20160 of title 49, United States Code. 

13 (b) CONTENTS.—In conducting the review required 

14 under subsection (a), the Secretary shall— 

15 (1) verify the accuracy of the data contained in 

16 the inventory described in subsection (a) using map17 ping technologies and other methods; and 

18 (2) correct erroneous data in such inventory. 

19 (c) REPORT.—Not later than 30 days after the com20 pletion of the review required under subsection (a), the 

21 Secretary shall submit to the Committee on Transpor22 tation and Infrastructure of the House of Representatives 

23 and the Committee on Commerce, Science, and Transpor24 tation of the Senate a report detailing corrections made 

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1 retary’s plans to ensure continued accuracy of such inven2 tory. 

3 SEC. 9557. RAILROAD TRESPASSING ENFORCEMENT 

4 GRANTS. 

5 Section 22907 of title 49, United States Code, is fur6 ther amended by adding at the end the following: 

7 ‘‘(p) RAILROAD TRESPASSING ENFORCEMENT

8 GRANTS.— 

9 ‘‘(1) IN GENERAL.—Of the amounts made 

10 available under this section, the Secretary may make 

11 grants to public law enforcement agencies engaged 

12 in, or seeking to engage in, suicide prevention efforts 

13 along railroad right-of-way to pay wages of law en14 forcement personnel to patrol railroad right-of-way 

15 located in communities at risk for rail trespassing 

16 incidents and fatalities. 

17 ‘‘(2) PRIORITIZATION.—In awarding grants 

18 under this subsection, the Administrator shall give 

19 priority to applications from entities that have juris20 diction within the boundaries of the 10 States with 

21 the highest incidence of rail trespass related casual22 ties as reported in the previous fiscal year, as re23 ported by the National Rail Accident Incident Re24 porting System. 


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1 ‘‘(3) LIMITATION.—The Secretary shall not 

2 award more than 3 annual grants under this sub3 section to the same entity.’’. 

4 SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION 

5 GRANTS. 

6 Section 22907 of title 49, United States Code, is fur7 ther amended by adding at the end the following: 

8 ‘‘(q) RAILROAD TRESPASSING SUICIDE GRANTS.— 

9 ‘‘(1) IN GENERAL.—Of the amounts made 

10 available to carry out this section, the Secretary may 

11 make grants to eligible entities to implement a pub12 lic outreach campaign to reduce the number of rail13 road suicides. 

14 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

15 term ‘eligible entity’ means a nonprofit mental 

16 health organization engaged in, or seeking to engage 

17 in, suicide prevention efforts along railroad right-of18 way in partnership with a railroad carrier, as de19 fined in section 20102.’’. 

20 SEC. 9559. INCLUDING RAILROAD SUICIDES. 

21 (a) IN GENERAL.—Not less than 180 days after the 

22 enactment of this Act, the Secretary of Transportation 

23 shall revise any regulations, guidance, or other relevant 

24 agency documents to include the number of suicides on 


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1 a railroad crossing or railroad right-of-way in the total 

2 number of rail fatalities the Secretary reports each year. 

3 (b) AUTHORITY OF THE SECRETARY.—In carrying 

4 out subsection (a), the Secretary may require Federal, 

5 State, and local agencies, railroads, or other entities to 

6 submit such data as necessary. 

7 (c) APPLICABILITY OF RULEMAKING REQUIRE8 MENTS.—The requirements of section 553 of title 5, 

9 United States Code, shall not apply to the modification 

10 required by subsection (a). 

11 SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR 

12 QUIET ZONES. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the Administrator of the Federal Railroad Ad15 ministration shall— 

16 (1) submit to Congress a report on any supple17 mentary safety measures and alternative safety 

18 measures not contained in part 222 of title 49, Code 

19 of Federal Regulations, that can be used to qualify 

20 for a Quiet Zone or Partial Quiet Zone; and 

21 (2) include in the report submitted under para22 graph (1)— 

23 (A) a summary of the supplementary safe24 ty measures and alternative safety measures for 


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1 which a public authority has requested approval 

2 from the Administrator to implement; and 

3 (B) an explanation for why such requests 

4 were not granted. 

5 TITLE VI—MISCELLANEOUS 

6 SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNER7 ABILITY ASSESSMENT. 

8 (a) IN GENERAL.—The Secretary of Transportation 

9 shall seek to enter into an agreement with the National 

10 Academies to conduct an assessment of the potential im11 pacts of climate change on the national rail network. 

12 (b) ASSESSMENT.—At a minimum, the assessment 

13 conducted pursuant to subsection (a) shall— 

14 (1) cover the entire freight and intercity pas15 senger rail network of the United States; 

16 (2) evaluate risk to the network over 5-, 30-, 

17 and 50-year outlooks; 

18 (3) examine and describe potential effects of cli19 mate change and extreme weather events on pas20 senger and freight rail infrastructure, trackage, and 

21 facilities, including facilities owned by rail shippers; 

22 (4) identify and categorize the assets described 

23 in paragraph (3) by vulnerability level and geo24 graphic area; and 


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1 (5) recommend strategies or measures to miti2 gate any adverse impacts of climate change, includ3 ing— 

4 (A) emergency preparedness measures; 

5 (B) resiliency best practices for infrastruc6 ture planning; and 

7 (C) coordination with State and local au8 thorities. 

9 (c) REPORT.—Not later than 18 months after the 

10 date of enactment of this Act, the Secretary shall submit 

11 to the Committee on Transportation and Infrastructure 

12 of the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Senate a 

14 report containing the findings of the assessment conducted 

15 pursuant to subsection (a). 

16 (d) FURTHER COORDINATION.—The Secretary shall 

17 make the report publicly available on the website of the 

18 Department of Transportation and communicate the re19 sults of the assessment with stakeholders. 

20 (e) REGULATORY AUTHORITY.—If the Secretary 

21 finds in the report required under subsection (c) that reg22 ulatory measures are warranted and such measures are 

23 otherwise under the existing authority of the Secretary, 

24 the Secretary may issue such regulations as are necessary 

25 to implement such measures. 


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1 (f) FUNDING.—From the amounts made available for 

2 fiscal year 2022 under section 20117(b) of title 49, United 

3 States Code, the Secretary shall expend not less than 

4 $1,500,000 to carry out the study required under subpara5 graph (a). 

6 SEC. 9602. ADVANCE ACQUISITION. 

7 (a) IN GENERAL.—Chapter 242 of title 49, United 

8 States Code, is amended by inserting the following after 

9 section 24202: 

10 ‘‘SEC. 24203. ADVANCE ACQUISITION. 

11 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec12 retary of Transportation may assist a recipient of Federal 

13 financial assistance provided by the Secretary for an inter14 city passenger rail project in acquiring a right-of-way and 

15 adjacent real property interests before or during the com16 pletion of the environmental reviews for a project that may 

17 use such property interests if the acquisition is otherwise 

18 permitted under Federal law. 

19 ‘‘(b) CERTIFICATION.—Before authorizing advance 

20 acquisition under this section, the Secretary shall verify 

21 that— 

22 ‘‘(1) the recipient has authority to acquire the 

23 real property interest; 

24 ‘‘(2) the acquisition of the real property inter25 est— 


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1 ‘‘(A) is for a transportation purpose; 

2 ‘‘(B) will not cause significant adverse en3 vironmental impact; 

4 ‘‘(C) will not limit the choice of reasonable 

5 alternatives for the proposed project or other6 wise influence the decision of the Secretary on 

7 any approval required for the project; 

8 ‘‘(D) does not prevent the lead agency 

9 from making an impartial decision as to wheth10 er to accept an alternative that is being consid11 ered; 

12 ‘‘(E) complies with other applicable Fed13 eral laws and regulations; and 

14 ‘‘(F) will not result in elimination or re15 duction of benefits or assistance to a displaced 

16 person required by the Uniform Relocation As17 sistance and Real Property Acquisition Policies 

18 Act of 1970 (42 U.S.C. 4601 et seq.) and title 

19 VI of the Civil Rights Act of 1964 (42 U.S.C. 

20 2000d et seq.). 

21 ‘‘(c) ENVIRONMENTAL REVIEWS.— 

22 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before 

23 reimbursing or approving the expenditure of Federal 

24 funding for an acquisition of a real property inter25 est, the Secretary shall complete all review processes 


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1 otherwise required under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

3 section 4(f) of the Department of Transportation 

4 Act of 1966 (49 U.S.C. 303), and section 106 of the 

5 National Historic Preservation Act (16 U.S.C. 470f) 

6 with respect to the acquisition. 

7 ‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.— 

8 A real property interest acquired under subsection 

9 (a) may not be developed in anticipation of the pro10 posed project until all required environmental re11 views for the project have been completed. 

12 ‘‘(d) INCLUSION IN NON-FEDERAL SHARE OF

13 PROJECT COSTS.—Non-Federal funds used to acquire 

14 right-of-way and adjacent real property interests under 

15 this section before or during the environmental review, or 

16 before the award of a grant by the Secretary, shall be in17 cluded in determining the non-Federal share of the costs 

18 of the underlying intercity passenger rail project. 

19 ‘‘(e) SAVINGS CLAUSE.—The advance acquisition 

20 process described in this section— 

21 ‘‘(1) is in addition to processes in effect on or 

22 before the date of enactment of the TRAIN Act; and 

23 ‘‘(2) does not affect— 

24 ‘‘(A) any right of the recipient described in 

25 subsection (a) to acquire property; or 


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1 ‘‘(B) any other environmental review proc2 ess, program, agreement, or funding arrange3 ment related to the acquisition of real property, 

4 in effect on the date of enactment of the 

5 TRAIN Act.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 242 of title 49, United States Code, is amended by 

8 inserting after the item relating to section 24202 the fol9 lowing new item: 

‘‘Sec. 24203. Advance acquisition.’’. 

10 SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION GRANT 

11 PROGRAM. 

12 (a) IN GENERAL.—Chapter 229 of title 49, United 

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

14 following: 

15 ‘‘§ 22912. University rail climate innovation grant 

16 program 

17 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor18 tation shall establish a university rail climate innovation 

19 grant program (in this section referred to as the ‘Pro20 gram’) to make grants to institutions of higher education 

21 for the research and development of low- and zero-emis22 sion rail technologies. 

23 ‘‘(b) QUALIFICATIONS.—To be eligible for a grant 

24 under the Program, an institution of higher education 


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1 shall have an active research program to study the devel2 opment of low- and zero-emission rail technologies. 

3 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 

4 the Program, an institution of higher education shall sub5 mit to the Secretary an application in such form, at such 

6 time, and containing such information as the Secretary 

7 may require. 

8 ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may 

9 award grants under the Program to applicants that sub10 mit a comprehensive proposal for a low- and zero-emission 

11 rail project that includes activities to carry out the re12 search, design, development, and demonstration of 1 or 

13 more of the following: 

14 ‘‘(1) Hydrogen-powered locomotives and associ15 ated locomotive technologies. 

16 ‘‘(2) Battery-powered locomotives and associ17 ated locomotive technologies. 

18 ‘‘(3) Rail technologies that significantly reduce 

19 greenhouse gas emissions, as determined appropriate 

20 by the Secretary. 

21 ‘‘(e) FUNDING REQUIREMENT.—The Federal share 

22 of the total cost of a project for which a grant is awarded 

23 under this section shall not exceed 50 percent. 

24 ‘‘(f) PROJECT PRIORITIZATION.—In making grants 

25 for projects under the Program, the Secretary shall give 


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1 priority to institutions of higher education that enter into 

2 a cost-sharing agreement for purposes of the Program 

3 with a railroad or rail supplier. 

4 ‘‘(g) CONSIDERATIONS.—In making grants for 

5 projects under the Program, the Secretary shall con6 sider— 

7 ‘‘(1) the extent to which a project maximizes 

8 greenhouse gas reductions; 

9 ‘‘(2) the potential of a project to increase the 

10 use of low- and zero- emission rail technologies 

11 among the United States freight and passenger rail 

12 industry; and 

13 ‘‘(3) the anticipated public benefits of a project. 

14 ‘‘(h) NOTIFICATION.— 

15 ‘‘(1) NOTICE.—Not later than 3 days after 

16 grants are awarded in any fiscal year under the Pro17 gram, the Secretary shall submit to the Committee 

18 on Transportation and Infrastructure of the House 

19 of Representatives and the Committee on Commerce, 

20 Science, and Transportation of the Senate— 

21 ‘‘(A) a list of all grant recipients under the 

22 Program; and 

23 ‘‘(B) a summary of activities to be carried 

24 out by each recipient. 


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

2 grants are awarded for projects under the Program, 

3 the Secretary shall submit to the Committee on 

4 Transportation and Infrastructure of the House of 

5 Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate a report 

7 summarizing the projects on low- and zero-emission 

8 rail technologies. 

9 ‘‘(i) PROJECT MANAGEMENT OVERSIGHT.—The Sec10 retary may withhold up to 1 percent of the total amount 

11 appropriated under this section for the costs of program 

12 management oversight. 

13 ‘‘(j) INSTITUTION OF HIGHER EDUCATION DE14 FINED.—In this section, the term ‘institution of higher 

15 education’ has the meaning given such term in section 101 

16 of the Higher Education Act of 1965 (20 U.S.C. 1001).’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 229 of title 49, United States Code, is further amend19 ed by adding at the end the following: 

‘‘22912. University rail climate innovation grant program.’’. 

20 SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT. 

21 (a) IN GENERAL.—The Secretary of Transportation 

22 shall carry out at least one workforce development pilot 

23 program with a railroad carrier or an entity providing reg24 ularly scheduled intercity rail passenger transportation. 


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1 (b) TYPES OF PILOT PROGRAMS.—A workforce devel2 opment pilot program described in subsection (a) may be 

3 in the form of— 

4 (1) an outreach program to increase employ5 ment opportunities for socially disadvantaged indi6 viduals; 

7 (2) the development of a partnership with high 

8 schools, vocational schools, community colleges, or 

9 secondary education institutions to address future 

10 workforce needs; and 

11 (3) an apprenticeship program to train railroad 

12 employees in needed skills. 

13 (c) APPRENTICESHIP.—In carrying out a workforce 

14 development pilot program described in subsection (b)(3), 

15 the Secretary shall partner with an entity providing inter16 city rail passenger transportation. 

17 (d) REPORT TO CONGRESS.—For a workforce devel18 opment pilot program carried out under this section, the 

19 Secretary shall transmit to the Committee on Transpor20 tation and Infrastructure of the House of Representatives 

21 and the Committee on Commerce, Science, and Transpor22 tation of the Senate a report that describes— 

23 (1) the activities carried out under the pilot 

24 program; 


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1 (2) the diversity of individuals participating in 

2 the pilot program; 

3 (3) an evaluation of the pilot program; 

4 (4) employment outcomes, including job place5 ment, job retention, and wages, using performance 

6 metrics established by the Secretary of Transpor7 tation, in consultation with the Secretary of Labor, 

8 and consistent with performance indicators used by 

9 programs under the Workforce Innovation and Op10 portunity Act (29 U.S.C. 3101 et seq.), as applica11 ble; and 

12 (5) any recommendations for increasing diver13 sity in the railroad workforce, addressing future 

14 workforce needs, or enhancing workforce skills. 

15 (e) DEFINITION.—In this section: 

16 (1) INTERCITY RAIL PASSENGER TRANSPOR17 TATION.—The term ‘‘intercity rail passenger trans18 portation’’ has the meaning given such term in sec19 tion 24102 of title 49, United States Code. 

20 (2) RAILROAD CARRIER.—The term ‘‘railroad 

21 carrier’’ has the meaning given such term in section 

22 20102 of title 49, United States Code. 

23 (3) SOCIALLY DISADVANTAGED INDIVIDUALS.— 

24 The term ‘‘socially disadvantaged individuals’’ has 

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1 cally disadvantaged individuals’’ in section 8(d) of 

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

3 (f) FUNDING.—From the amounts made available 

4 under section 20117(b) of title 49, United States Code, 

5 the Secretary may expend up to $1,300,000 for fiscal year 

6 2022 and $1,300,000 for 2023 to carry out this section. 

7 SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS 

8 ENTERING SERVICE IN UNITED STATES. 

9 (a) IN GENERAL.—Chapter 207 of title 49, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 20704. Requirements for railroad freight cars en13 tering service in United States 

14 ‘‘(a) DEFINITIONS.—In this section, the following 

15 definitions apply: 

16 ‘‘(1) COMPONENT.—The term ‘component’ 

17 means a part or subassembly of a railroad freight 

18 car. 

19 ‘‘(2) CONTROL.—The term ‘control’ means the 

20 power, whether direct or indirect and whether or not 

21 exercised, through the ownership of a majority or a 

22 dominant minority of the total outstanding voting 

23 interest in an entity, representation on the board of 

24 directors of an entity, proxy voting on the board of 

25 directors of an entity, a special share in the entity, 


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1 a contractual arrangement with the entity, a formal 

2 or informal arrangement to act in concert with an 

3 entity, or any other means, to determine, direct, 

4 make decisions, or cause decisions to be made for 

5 the entity. 

6 ‘‘(3) COST OF SENSITIVE TECHNOLOGY.—The 

7 term ‘cost of sensitive technology’ means the aggre8 gate cost of the sensitive technology located on a 

9 railroad freight car. 

10 ‘‘(4) COUNTRY OF CONCERN.—The term ‘coun11 try 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 

16 enactment 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 

20 1974 (19 U.S.C. 2242) as a foreign country in21 cluded on the priority watch list defined in sub22 section (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 ‘quali6 fied facility’ means a facility that is not owned or 

7 under 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 

6 from, or exchange data with another device, includ7 ing— 

8 ‘‘(A) onboard telematics; 

9 ‘‘(B) remote monitoring software; 

10 ‘‘(C) firmware; 

11 ‘‘(D) analytics; 

12 ‘‘(E) GPS satellite and cellular location 

13 tracking systems; 

14 ‘‘(F) event status sensors; 

15 ‘‘(G) predictive component condition and 

16 performance monitoring sensors; and 

17 ‘‘(H) similar sensitive technologies embed18 ded into freight railcar components and sub19 assemblies. 

20 ‘‘(10) STATE-OWNED ENTERPRISE.—The term 

21 ‘state-owned enterprise’ means— 

22 ‘‘(A) an entity that is owned by, or under 

23 the control of, a national, provincial, or local 

24 government of a country of concern, or an 

25 agency 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 applica7 ble change in tariff classification as a result of the 

8 manufacturing process, as described in chapter 4 

9 and related Annexes of the USMCA or any subse10 quent free trade agreement between the United 

11 States, Mexico, 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 

15 Act (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

19 CARS.—A railroad freight car 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 

23 if— 

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1 formed, as applicable, by a qualified manufac2 turer in a qualified facility; 

3 ‘‘(B) none of the sensitive technology lo4 cated on the railroad freight car, including com5 ponents necessary to the functionality of the 

6 sensitive technology, originates from a country 

7 of concern or is sourced from state-owned en8 terprise; and 

9 ‘‘(C) none of the content of the railroad 

10 freight car, excluding sensitive technology, 

11 originates from a country of concern or is 

12 sourced from a state-owned enterprise that has 

13 been determined by a recognized court or ad14 ministrative agency of competent jurisdiction 

15 and legal authority to have violated or infringed 

16 valid United States intellectual property rights 

17 of another including such a finding by a Fed18 eral district court under title 35 or the U.S. 

19 International Trade Commission under section 

20 337 of the Tariff Act of 1930 (19 U.S.C. 

21 1337). 

22 ‘‘(2) IMMEDIATE LIMITATION.— 

23 ‘‘(A) PERCENTAGE LIMITATION.—Not 

24 later than 12 months after the date of enact25 ment of the TRAIN Act and ending on the date 


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1 on which paragraph (1) takes effect, a railroad 

2 freight car manufactured may operate on the 

3 United States freight railroad interchange sys4 tem only if— 

5 ‘‘(i) not more than 20 percent of the 

6 content of the railroad freight car, cal7 culated by the net cost of all components 

8 of the car and excluding the cost of sen9 sitive technology, originates from a country 

10 of concern or is sourced from a state11 owned enterprise; 

12 ‘‘(ii) not later than 24 months after 

13 the date of enactment of the TRAIN Act, 

14 the percentage described in clause (i) shall 

15 be no more than 15 percent; and 

16 ‘‘(B) CONFLICT.—The percentages speci17 fied in this paragraph apply notwithstanding 

18 any apparent conflict with provisions of chapter 

19 4 of the USMCA. 

20 ‘‘(c) REGULATIONS AND PENALTIES.— 

21 ‘‘(1) REGULATIONS REQUIRED.—Not later than 

22 1 year after the date of enactment of the TRAIN 

23 Act, the Secretary of Transportation shall issue such 

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1 tion, including for the monitoring, enforcement, and 

2 sensitive technology requirements of this section. 

3 ‘‘(2) CERTIFICATION REQUIRED.—To be eligible 

4 to provide a railroad freight car for operation on the 

5 United States freight railroad interchange system, 

6 the manufacturer of such car shall certify to the 

7 Secretary annually that any railroad freight cars to 

8 be so provided meet the requirements of this section. 

9 ‘‘(3) COMPLIANCE.— 

10 ‘‘(A) VALID CERTIFICATION REQUIRED.— 

11 At the time a railroad freight car begins oper12 ation on the United States freight railroad 

13 interchange system, the manufacturer of such 

14 railroad freight car shall have valid certification 

15 describe under paragraph (2) for the year in 

16 which such car begins operation. 

17 ‘‘(B) REGISTRATION OF NONCOMPLIANT

18 CARS PROHIBITED.—A railroad freight car 

19 manufacturer may not register, or cause to be 

20 registered, a railroad freight car that does not 

21 comply with the requirements of this section in 

22 the Association of American Railroad’s Umler 

23 system. 

24 ‘‘(4) CIVIL PENALTIES.— 


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1 ‘‘(A) IN GENERAL.—A railroad freight car 

2 manufacturer that has manufactured a railroad 

3 freight car for operation on the United States 

4 freight railroad interchange system that the 

5 Secretary of Transportation determines, after 

6 written notice and an opportunity for a hearing, 

7 has violated this section is liable to the United 

8 States Government for a civil penalty of at least 

9 $100,000 but not more than $250,000 for each 

10 violation for each railroad freight car. 

11 ‘‘(B) PROHIBITION FOR VIOLATIONS.—The 

12 Secretary of Transportation may prohibit a rail13 road freight car manufacturer with respect to 

14 which the Secretary has assessed more than 3 

15 violations under subparagraph (A) from pro16 viding additional railroad freight cars for oper17 ation on the United States freight railroad 

18 interchange system until the Secretary deter19 mines— 

20 ‘‘(i) such manufacturer is in compli21 ance with this section; and 

22 ‘‘(ii) all civil penalties assessed to 

23 such manufacturer under subparagraph 

24 (A) have been paid in full.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 207 of title 49, United States Code, is amended by 

3 adding at the end the following: 

‘‘20704. Requirements for railroad freight cars entering service in United 

States.’’. 

Æ 


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