II 

Calendar No. 100 

117TH CONGRESS 

1ST SESSION H. R. 3684 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2021 

Received and read the first time 

JULY 13, 2021 

Read the second time and placed on the calendar 

AN ACT 

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. 

Sec. 108. Report on progress of DBE program. 

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. 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. 

Sec. 1120. Increased Federal share. 

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. 


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Sec. 1214. Recreational trails. 

Sec. 1215. Safe routes to school program. 

Sec. 1216. Bicycle transportation and pedestrian walkways. 

Sec. 1217. Noise barriers. 

Sec. 1218. Safe streets for all. 

Sec. 1219. Youth service and conservation corps. 

Sec. 1220. National scenic byways program. 

Sec. 1221. Funding for border infrastructure. 

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. 

Sec. 1313. GAO Study. 

Sec. 1314. Sense of Congress. 

Sec. 1315. Pollinator-friendly practices on roadsides and highway rights-of-way. 

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. 


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Sec. 1607. Consolidation of programs. 

Sec. 1608. Student outreach report to Congress. 

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

workforce. 

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

Sec. 1611. Appalachian development highway system funding flexibility. 

Sec. 1612. Transportation education development program. 

Sec. 1613. Working group on construction resources. 

Sec. 1614. Numbering system of highway interchanges. 

Sec. 1615. Toll credits. 

Sec. 1616. Transportation construction materials procurement. 

Sec. 1617. Nationwide road safety assessment. 

Sec. 1618. Climate resilient transportation infrastructure study. 

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

Sec. 1620. Guidance on evacuation routes. 

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

Sec. 1622. Guidance on inundated and submerged roads. 

Sec. 1623. Dry bulk weight tolerance. 

Sec. 1624. Highway use tax evasion projects. 

Sec. 1625. Labor standards. 

Sec. 1626. Climate resiliency report by GAO. 

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

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

Sec. 1629. Use of modeling and simulation technology. 

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

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

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

structures other than bridges. 

Sec. 1633. Transportation planning activities. 

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

Businesses. 

Sec. 1635. Vehicle weight limitations. 

Sec. 1636. Roadway worker protection working group. 

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

Sec. 1638. Repeal of pilot program. 

Sec. 1639. Technical corrections. 

Sec. 1640. Credit adjustments for paycheck protection program loan forgiveness under highway and public transportation project cost reimbursement contracts. 

Sec. 1641. Establishment of western riverside county national wildlife refuge. 

Sec. 1642. Effect of weather extremes on sustainability and reliability of roadways. 

Sec. 1643. GAO report regarding Highway Trust Fund expenditures. 

Sec. 1644. Rural opportunities to use transportation for economic success initiative. 

Sec. 1645. GAO study on vulnerabilities to certain threats. 

Sec. 1646. Extension of NHA authorizations. 

Sec. 1647. Electric vehicle working group. 

Sec. 1648. Sense of the Congress on soil and erosion control for highway 

projects. 

Sec. 1649. Local project delivery improvements. 

Sec. 1650. Utilization of qualified electricians. 

Sec. 1651. GAO study on the impact of drunk driving child endangerment laws. 

Sec. 1652. Regional infrastructure accelerator deomonstration program. 

Sec. 1653. Climate-Safe Infrastructure Working Group. 


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Sec. 1654. Updates to manual on uniform traffic control devices. 

Sec. 1655. DBE Report. 

Sec. 1656. Study on impact of air pollution from vehicles idling in school zones. 

Sec. 1657. Forest Service Legacy Roads and Trails Remediation Program. 

Sec. 1658. Comptroller General report on high-speed internet connectivity in 

Federally-assisted housing. 

Sec. 1659. Historic Preservation Fund. 

Sec. 1660. HOV facility review. 

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. 

Sec. 2114. Formula funds for rural areas. 

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. 

Sec. 2206. New municipal transit services to better connect communities. 

Subtitle C—Buy America and Other Procurement Reforms 

Sec. 2301. Buy America. 

Sec. 2302. Bus procurement streamlining. 

Sec. 2303. Bus testing facility. 

Sec. 2304. Repayment requirement. 

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

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

Sec. 2307. Spare ratio waiver. 

Subtitle D—Bus Grant Reforms 

Sec. 2401. Formula grants for buses. 

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

Sec. 2403. Zero emission bus grants. 

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

Sec. 2405. Workforce development training grants. 

Subtitle E—Supporting All Riders 

Sec. 2501. Low-income urban formula funds. 


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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. 

Sec. 2506. Transit to trails grant program. 

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. 

Sec. 2607. Resilient public transportation study. 

Sec. 2608. Sense of Congress regarding electric vehicle transition strategy. 

Subtitle G—Transit-Supportive Communities 

Sec. 2701. Transit-supportive communities. 

Sec. 2702. Property disposition for affordable housing. 

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

Subtitle H—Innovation 

Sec. 2801. Mobility innovation sandbox program. 

Sec. 2802. Transit bus operator compartment redesign program. 

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

Sec. 2804. Technical corrections. 

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

Sec. 2806. Public transportation innovation. 

Sec. 2807. Transit vehicle battery recycling and reuse. 

Subtitle I—Other Program Reauthorizations 

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

Washington Metropolitan Area Transit Authority. 

Sec. 2902. Other apportionments. 

Subtitle J—Streamlining 

Sec. 2911. Fixed guideway capital investment grants. 

Sec. 2912. Rural and small urban apportionment deadline. 

Sec. 2913. Disposition of assets beyond useful life. 

Sec. 2914. Innovative coordinated access and mobility. 

Sec. 2915. Passenger ferry grants. 

Sec. 2916. Evaluation of benefits and Federal investment. 

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

Act of 1969 to federally funded bus shelters. 

Sec. 2918. Capital investment grant streamlining. 

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

TITLE III—HIGHWAY TRAFFIC SAFETY 

Sec. 3001. Authorization of appropriations. 

Sec. 3002. Highway safety programs. 

Sec. 3003. Fair and equitable traffic safety enforcement. 

Sec. 3004. Highway safety research and development. 


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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. 

Sec. 3016. Report on impaired driving. 

Sec. 3017. Impaired driving countermeasure. 

Sec. 3018. Drug-impaired driving education grant program. 

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. 

Sec. 4105. Motor carrier safety grants maintenance of effort. 

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. 

Sec. 4208. Review of labor laws. 

Subtitle C—Commercial Motor Vehicle Driver Safety 

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

Sec. 4302. Alcohol and controlled substances testing. 

Sec. 4303. Entry-level driver training. 

Sec. 4304. Driver detention time. 

Sec. 4305. Truck Leasing Task Force. 

Sec. 4306. Hours of service. 

Sec. 4307. Driver recruitment. 

Sec. 4308. Screening for obstructive sleep apnea. 

Sec. 4309. Women of Trucking Advisory Board. 

Sec. 4310. Application of commercial motor vehicle safety. 

Sec. 4311. Use of data. 

Subtitle D—Commercial Motor Vehicle and Schoolbus Safety 

Sec. 4401. Schoolbus safety standards. 

Sec. 4402. Illegal passing of schoolbuses. 

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


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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. 

Sec. 4410. Length limitations. 

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. 

Sec. 5112. Integrated project delivery. 

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

Sec. 5114. Innovative material innovation hubs. 

Sec. 5115. Strategic transportation research agenda. 

Sec. 5116. Advanced transportation research and innovation program. 

Sec. 5117. Interagency innovative materials standards task force. 

Sec. 5118. Vehicular data analytics pilot program. 

Sec. 5119. Resilient transportation infrastructure Centers of Excellence. 

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. Surface transportation workforce retraining grant program. 

Sec. 5306. Third-party data integration pilot program. 

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

Sec. 5308. Automated commercial vehicle reporting. 


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Sec. 5309. Task Force to Promote American Vehicle Competitiveness. 

Sec. 5310. Multimodal transportation demonstration program. 

Sec. 5311. Heavy freight automated trucking research corridor. 

Subtitle D—Surface Transportation Funding Pilot Programs 

Sec. 5401. State surface transportation system funding pilot. 

Subtitle E—Miscellaneous 

Sec. 5501. Ergonomic seating working group. 

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

Sec. 5503. Transportation workforce outreach program. 

Sec. 5504. Advisory council on transportation statistics. 

Sec. 5505. GAO review of discretionary grant programs. 

TITLE VI—MULTIMODAL TRANSPORTATION 

Sec. 6001. National multimodal freight policy. 

Sec. 6002. National freight strategic plan. 

Sec. 6003. National multimodal freight network. 

Sec. 6004. State freight advisory committees. 

Sec. 6005. State freight plans. 

Sec. 6006. Study of freight transportation fee. 

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

Sec. 6008. Transportation equity advisory committee. 

Sec. 6009. Sense of Congress. 

TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT 

Sec. 7001. Transportation Infrastructure Finance and Innovation Act. 

Sec. 7002. Transportation infrastructure finance and innovation act of 1998 

temporary loan relief due to COVID–19. 

Sec. 7003. Federal requirements for TIFIA eligibility and project selection. 

DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 8001. Short title. 

TITLE I—AUTHORIZATIONS 

Sec. 8101. Authorization of appropriations. 

TITLE J—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. 

Sec. 8205. Transportation of carbon dioxide. 

Sec. 8206. Seismicity. 

DIVISION D—RAIL 

Sec. 9001. Short title. 

TITLE I—AUTHORIZATIONS 


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Sec. 9101. Authorization of appropriations. 

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

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

Sec. 9104. Railroad rehabilitation and improvement financing. 

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

Sec. 9106. Buy America. 

TITLE II—AMTRAK REFORMS 

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

Sec. 9202. Amtrak status. 

Sec. 9203. Board of Directors. 

Sec. 9204. Amtrak preference enforcement. 

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

Sec. 9206. Prohibition on mandatory arbitration. 

Sec. 9207. Amtrak ADA assessment. 

Sec. 9208. Prohibition on smoking on Amtrak trains. 

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

Sec. 9210. Amtrak Police Department. 

Sec. 9211. Amtrak food and beverage. 

Sec. 9212. Clarification on Amtrak contracting out. 

Sec. 9213. Amtrak staffing. 

Sec. 9214. Special transportation. 

Sec. 9215. Disaster and emergency relief program. 

Sec. 9216. Access to recreational trails. 

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

Sec. 9218. Amtrak and private cars. 

Sec. 9219. Amtrak Office of Community Outreach. 

Sec. 9220. Long-distance customer enhancement program. 

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

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 9301. Northeast Corridor Commission. 

Sec. 9302. Northeast Corridor planning. 

Sec. 9303. Protective arrangements. 

Sec. 9304. Interstate rail compacts. 

Sec. 9305. High-speed rail updates. 

Sec. 9306. State rail planning formula funds. 

Sec. 9307. North Atlantic Rail Interstate Compact. 

TITLE IV—COMMUTER RAIL POLICY 

Sec. 9401. Sense of Congress regarding commuter rail liability insurance. 

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

Sec. 9403. Surface Transportation Board mediation of rights-of-way use requests. 

TITLE V—RAIL SAFETY 

Subtitle A—Passenger and Freight Safety 

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

Sec. 9502. FRA safety reporting. 

Sec. 9503. Waiver notice requirements. 

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

Sec. 9505. FRA accident and incident investigations. 


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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. 

Sec. 9520. FRA safety inspector and specialist review. 

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 Institute. 

Sec. 9604. Workforce diversity and development. 

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

States. 

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

Sec. 9607. Freight railroad locomotive requirements. 

Sec. 9608. Extension. 

Sec. 9609. GAO study on cost allocation of rail passenger transportation liability. 

Sec. 9608. GAO study on economic benefits of one-seat ride commuter rail. 

DIVISION E—SPORT FISH RESTORATION, RECREATIONAL 

BOATING SAFETY, AND WILDLIFE RESTORATION 

Sec. 9701. Short title. 

Sec. 9702. Division of annual appropriations. 

Sec. 9703. Recreational boating access. 

Sec. 9704. Wildlife Restoration Fund administration. 

Sec. 9705. Sport Fish Restoration and Boating Trust Fund. 

Sec. 9706. Sport Fishing and Boating Partnership Council. 

Sec. 9707. National culvert removal, replacement, and restoration grant program. 


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DIVISION F—AUTO SAFETY 

Sec. 10101. Safety warning for occupants of hot cars. 

Sec. 10102. Rulemaking to install automatic shutoff systems and rollaway prevention technology in motor vehicles. 

Sec. 10103. 21st Century Smart Cars. 

Sec. 10104. Updating the 5-star safety rating system. 

Sec. 10105. Advanced drunk driving prevention technology. 

Sec. 10106. Limousine compliance with Federal safety standards. 

Sec. 10107. Study to evaluate the performance of crash avoidance systems. 

Sec. 10108. Study and report on motor vehicle lamps. 

Sec. 10109. Motor vehicle seat back safety standards. 

Sec. 10110. Sense of House of Representatives on regulatory framework for autonomous vehicles. 

Sec. 10111. Motor vehicle pedestrian and cyclist protection. 

Sec. 10112. Child restraint systems. 

DIVISION G—HIGHWAY TRUST FUND 

Sec. 11001. Extension of Highway Trust Fund expenditure authority. 

Sec. 11002. Additional transfers to Highway Trust Fund. 

DIVISION H—WATER QUALITY PROTECTION AND JOB CREATION 

ACT OF 2021 

Sec. 12001. Short title; table of contents. 

Sec. 12002. Wastewater infrastructure workforce investment. 

Sec. 12003. Technical assistance to rural, small, and Tribal municipalities. 

Sec. 12004. State management assistance. 

Sec. 12005. Watershed, wet weather, and resiliency projects. 

Sec. 12006. Waiver of matching requirement for grants to District of Columbia. 

Sec. 12007. Pilot program for alternative water source projects. 

Sec. 12008. Sewer overflow and stormwater reuse municipal grants. 

Sec. 12009. Grants for the treatment of emerging contaminants. 

Sec. 12010. Household wastewater grant program. 

Sec. 12011. Smart wastewater infrastructure technology grant program. 

Sec. 12012. Reports to Congress. 

Sec. 12013. Indian Tribes. 

Sec. 12014. Capitalization grants. 

Sec. 12015. Water pollution control revolving loan funds. 

Sec. 12016. Allotment of funds. 

Sec. 12017. Reservation of funds for territories of the United States. 

Sec. 12018. Authorization of appropriations. 

Sec. 12019. Technical assistance by Municipal Ombudsman. 

Sec. 12020. Report on wastewater infrastructure funding for rural, economically disadvantaged, and Tribal communities. 

Sec. 12021. Water Reuse Interagency Working Group. 

Sec. 12022. Disclosure of introductions of PFAS. 

Sec. 12023. Clean Water Act effluent limitations guidelines and standards and 

water quality criteria for PFAS. 

Sec. 12024. Nonpoint source management programs. 

Sec. 12025. Wastewater assistance to colonias. 

Sec. 12026. Household well water testing website. 

Sec. 12027. Study and report on effect of toilet wipes marketed as flushable. 


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Sec. 12028. Effluent limitations for wastewater, spills, and runoff from facilities associated with the transport and packaging of pre-production plastic materials. 

Sec. 12029. Centers of Excellence for stormwater control infrastructure technologies. 

Sec. 12030. Management of International Transboundary Water Pollution. 

Sec. 12031. California new river restoration. 

Sec. 12032. Rulemaking on climate resiliency. 

DIVISION I—ASSISTANCE, QUALITY, AND AFFORDABILITY ACT OF 

2021 

Sec. 13001. Short title; table of contents. 

TITLE I—INFRASTRUCTURE 

Sec. 13101. Drinking water system resilience funding. 

Sec. 13102. Grants for State programs. 

Sec. 13103. American iron and steel products. 

Sec. 13104. Assistance for disadvantaged communities. 

Sec. 13105. Allotments for territories. 

Sec. 13106. Drinking water SRF funding. 

Sec. 13107. Lead service line replacement. 

Sec. 13108. Drinking water assistance to colonias. 

Sec. 13109. PFAS treatment grants. 

Sec. 13110. Voluntary school and child care program lead testing grant program. 

Sec. 13111. Grant program for installation of filtration stations at schools and 

child care programs. 

Sec. 13112. Drinking water fountain replacement for schools. 

Sec. 13113. Indian reservation drinking water program. 

Sec. 13114. Assistance for areas affected by natural disasters. 

Sec. 13115. Water main break data clearinghouse. 

TITLE II—SAFETY 

Sec. 13201. Enabling EPA to set standards for new drinking water contaminants. 

Sec. 13202. National primary drinking water regulations for PFAS. 

Sec. 13203. National primary drinking water regulations for microcystin toxin. 

Sec. 13204. National primary drinking water regulations for 1,4–dioxane. 

Sec. 13205. National primary drinking water regulation for chromium-6. 

Sec. 13206. Elimination of small system variances. 

TITLE III—AFFORDABILITY 

Sec. 13301. Emergency relief program. 

Sec. 13302. Low-income drinking water assistance program. 

Sec. 13303. Low-income wastewater assistance program. 

Sec. 13304. Needs assessment for nationwide rural and urban low-income community water assistance program. 

Sec. 13305. Natural hazard education and response grant program. 

TITLE IV—OTHER MATTERS 

Sec. 13401. Small urban and rural water system consolidation report. 

Sec. 13402. Study on contamination of Coldwater Creek, Missouri. 


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Sec. 13403. Report on affordability, discrimination and civil rights violations, 

and data collection. 

Sec. 13404. Water infrastructure and workforce investment. 

Sec. 13405. Identification of high-risk locations. 

DIVISION J—OUTDOOR RECREATION LEGACY PARTNERSHIP 

PROGRAM 

Sec. 14101. Outdoors for all. 

DIVISION K—WILDLIFE CORRIDORS CONSERVATION ACT OF 2021 

Sec. 15001. Short title; table of contents. 

Sec. 15002. Definitions. 

TITLE I—NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL 

LAND AND WATER 

Sec. 15101. National wildlife corridors. 

Sec. 15102. Administrative designation of national wildlife corridors. 

Sec. 15103. Management of national wildlife corridors. 

TITLE II—WILDLIFE CORRIDORS CONSERVATION 

Sec. 15201. Collaboration and coordination. 

Sec. 15202. Effect. 

Sec. 15203. Tribal wildlife corridors. 

Sec. 15204. Protection of indian tribes. 

Sec. 15205. Wildlife movements grant program. 

Sec. 15206. National coordination committee. 

Sec. 15207. Regional wildlife movement councils. 

Sec. 15208. National wildlife corridors database. 

TITLE III—FUNDING 

Sec. 15301. Authorization of appropriations. 

DIVISION L—COMMUNITY RESILIENCE AND RESTORATION FUND 

Sec. 16101. Definitions. 

Sec. 16102. Establishment of Fund. 

Sec. 16103. Management of the Fund. 

Sec. 16104. Competitive grants. 

Sec. 16105. Use of Amounts in the Fund. 

Sec. 16106. Reports. 

Sec. 16107. Authorization of Appropriations. 

DIVISION M—CLEAN ENERGY AND SUSTAINABILITY 

ACCELERATOR 

Sec. 17101. Clean Energy and Sustainability Accelerator. 

DIVISION N—DOMESTIC MARITIME WORKFORCE TRAINING 

Sec. 18101. Centers of excellence for domestic maritime workforce training and 

education. 

DIVISION O—EFFICIENT AND EFFECTIVE NEPA 

IMPLEMENTATION 


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Sec. 19101. Efficient and effective NEPA implementation. 

DIVISION P—ELECTRIC VEHICLES 

TITLE I—ZERO EMISSIONS VEHICLE INFRASTRUCTURE 

BUILDOUT 

Subtitle A—Electric Vehicle Infrastructure 

Sec. 20101. Definitions. 

Sec. 20102. Electric vehicle supply equipment rebate program. 

Sec. 20103. Model building code for electric vehicle supply equipment. 

Sec. 20104. Electric vehicle supply equipment coordination. 

Sec. 20105. State consideration of electric vehicle charging. 

Sec. 20106. State energy plans. 

Sec. 20107. Transportation electrification. 

Sec. 20108. Federal fleets. 

Subtitle B—Electric Vehicles for Underserved Communities 

Sec. 20111. Expanding access to electric vehicles in underserved and disadvantaged communities. 

Sec. 20112. Electric vehicle charging equity program. 

Sec. 20113. Ensuring program benefits for underserved and disadvantaged 

communities. 

Sec. 20114. Definitions. 

TITLE II—PROMOTING DOMESTIC ADVANCED VEHICLE 

MANUFACTURING 

Sec. 20201. Domestic Manufacturing Conversion Grant Program. 

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: 


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

2 Account’’ means the portion of the Highway Trust 

3 Fund that is not the Mass Transit Account. 

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

5 Transit Account’’ means the portion of the Highway 

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

7 the Internal Revenue Code of 1986. 

8 (3) MEMBER DESIGNATED PROJECT.—The 

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

10 listed in the table in section 107. 

11 (4) MEMBER DESIGNATED PROJECT FUNDS.— 

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

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

14 (f)(1)(A), and (g)(1)(A) to carry out member des15 ignated projects listed in the table in section 107(c). 

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

17 the Secretary of Transportation. 

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

19 States and the District of Columbia. 

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

21 any of the following territories of the United States: 

22 (A) American Samoa. 

23 (B) The Commonwealth of the Northern 

24 Mariana Islands. 

25 (C) Guam. 


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1 (D) The United States Virgin Islands. 

2 SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPOR3 TATION PROGRAMS. 

4 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR5 TATION PROGRAMS.— 

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

7 this division, the requirements, authorities, condi8 tions, eligibilities, limitations, and other provisions 

9 authorized under the covered laws, which would oth10 erwise expire on or cease to apply after September 

11 30, 2021, are incorporated by reference and shall 

12 continue in effect through September 30, 2022. 

13 (2) AUTHORIZATION OF APPROPRIATIONS.— 

14 (A) HIGHWAY TRUST FUND.— 

15 (i) HIGHWAY ACCOUNT.— 

16 (I) IN GENERAL.—Except as pro17 vided in subclause (II), there is au18 thorized to be appropriated from the 

19 Highway Account for fiscal year 2022, 

20 for each program under the covered 

21 laws with respect to which amounts 

22 are authorized to be appropriated 

23 from such account for fiscal year 

24 2021, an amount equal to the amount 

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1 spect to the program from such ac2 count for fiscal year 2021. 

3 (II) ADMINISTRATIVE EX4 PENSES.—Notwithstanding any other 

5 provision of this division, there is au6 thorized to be appropriated from the 

7 Highway Account for fiscal year 

8 2022— 

9 (aa) $516,000,000 for ad10 ministrative expenses of the Fed11 eral Highway Administration, as 

12 described in section 104(a) of 

13 title 23, United States Code; and 

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

15 administrative expenses of the 

16 National Highway Traffic Safety 

17 Administration, as described in 

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

19 Act (Public Law 114–94). 

20 (ii) MASS TRANSIT ACCOUNT.— 

21 (I) IN GENERAL.—There is au22 thorized to be appropriated from the 

23 Mass Transit Account for fiscal year 

24 2022, for each program under the 

25 covered laws with respect to which 


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1 amounts are authorized to be appro2 priated from such account for fiscal 

3 year 2021, an amount equal to the 

4 amount authorized for appropriation 

5 with respect to the program from such 

6 account for fiscal year 2021. 

7 (II) CONDITION FOR APPORTION8 MENT.—No funds authorized in this 

9 division or any other Act may be used 

10 to adjust Mass Transit Account ap11 portionments or withhold funds from 

12 Mass Transit Account apportionments 

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

14 Internal Revenue Code of 1986 in fis15 cal year 2022. 

16 (B) GENERAL FUND.— 

17 (i) IN GENERAL.—Except as provided 

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

19 to be appropriated for fiscal year 2022, for 

20 each program under covered laws with re21 spect to which amounts are authorized to 

22 be appropriated for fiscal year 2021 from 

23 an account other than the Highway Ac24 count or the Mass Transit Account, an 

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1 ized for appropriation with respect to the 

2 program under the covered laws for fiscal 

3 year 2021. 

4 (ii) ADMINISTRATIVE EXPENSES.— 

5 Notwithstanding any other provision of 

6 this division, there is authorized to be ap7 propriated from the general fund of the 

8 Treasury for fiscal year 2022 

9 $131,500,000 for necessary administrative 

10 expenses of the Federal Transit Adminis11 tration. 

12 (iii) CAPITAL INVESTMENT GRANTS.— 

13 Notwithstanding any other provision of 

14 this division, there is authorized to be ap15 propriated from the general fund of the 

16 Treasury for fiscal year 2022 

17 $3,250,000,000 to carry out section 5309 

18 of title 49, United States Code. 

19 (3) USE OF FUNDS.—Except as otherwise pro20 vided in this division, amounts authorized to be ap21 propriated for fiscal year 2022 with respect to a pro22 gram under paragraph (2) shall be distributed, ad23 ministered, limited, and made available for obliga24 tion in the same manner as amounts authorized to 


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1 be appropriated with respect to the program for fis2 cal year 2021 under the covered laws. 

3 (4) OBLIGATION LIMITATION.— 

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

5 subparagraph (B), a program for which 

6 amounts are authorized to be appropriated 

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

8 limitation on obligations for fiscal year 2022 in 

9 the same amount and in the same manner as 

10 the limitation applicable with respect to the 

11 program for fiscal year 2021 under the title I 

12 of the Transportation, Housing and Urban De13 velopment, and Related Agencies Appropria14 tions Act, 2021 (Public Law 116–260). 

15 (B) FEDERAL-AID HIGHWAY AND HIGHWAY

16 SAFETY CONSTRUCTION PROGRAMS.— 

17 (i) IN GENERAL.—Notwithstanding 

18 any other provision of this section, section 

19 1102 of the FAST Act (Public Law 114– 

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

21 the Continuing Appropriations Act, 2021 

22 and Other Extensions Act (Public Law 

23 116–159), or title I of the Transportation, 

24 Housing and Urban Development, and Re25 lated Agencies Appropriations Act, 2021 


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

2 2022, the obligations for Federal-aid high3 way and highway safety construction pro4 grams shall not exceed $46,400,294,311. 

5 (ii) LIMITATION ON FEDERAL HIGH6 WAY ADMINISTRATION ADMINISTRATIVE

7 EXPENSES.—Notwithstanding any other 

8 provision of this section, of the amount de9 scribed in clause (i), for fiscal year 2022 

10 an amount not to exceed $492,000,000 to11 gether with advances and reimbursements 

12 received by the Federal Highway Adminis13 tration, shall be obligated for necessary ex14 penses for administration and operation of 

15 the Federal Highway Administration or 

16 transferred to the Appalachian Regional 

17 Commission for administrative activities 

18 associated with the Appalachian Develop19 ment Highway System. 

20 (b) NATIONALLY SIGNIFICANT FREIGHT AND HIGH21 WAY PROJECTS.—Section 117(d)(2)(A) of title 23, United 

22 States Code, is amended in the matter preceding clause 

23 (i)— 

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

25 ‘‘$700,000,000’’; and 


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

2 (c) DISADVANTAGED BUSINESS ENTERPRISES.—Sec3 tion 1101(b) of the FAST Act (Public Law 114–94) (ex4 cept for the requirements related to gross receipts under 

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

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

7 this division. 

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

9 laws’’ means the following: 

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

11 Continuing Appropriations Act, 2021 and Other Ex12 tensions Act (Public Law 116–159). 

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

14 the FAST Act (Public Law 114–94). 

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

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

17 21 (Public Law 112–141). 

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

19 Technical Corrections Act of 2008 (Public Law 110– 

20 244). 

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

22 SAFETEA–LU (Public Law 109–59). 

23 (6) Titles I, II, III, IV, and V of the Transpor24 tation Equity Act for the 21st Century (Public Law 

25 105–178). 


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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 

25 made available under this subsection— 


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1 (A) shall remain available for 4 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) DEFINITIONS.—In this section: 

8 (A) COVERED STATION.—The term ‘‘cov9 ered station’’ means a rail fixed guideway pub10 lic transportation station for passenger use con11 structed prior to the date of enactment of this 

12 Act. 

13 (B) COVERED SYSTEM.—The term ‘‘cov14 ered system’’ means a rail fixed guideway pub15 lic transportation system that was in operation 

16 before July 26, 1990. 

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

18 has the meaning given such term in section 3 

19 of the Americans with Disabilities Act of 1990 

20 (42 U.S.C. 12102). 

21 (D) ELIGIBLE ENTITY.—The term ‘‘eligi22 ble entity’’ means a State or local governmental 

23 authority that operates a rail fixed guideway 

24 public transportation system that was in oper25 ation before July 26, 1990. 


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1 (b) REDUCING TRANSIT DESERTS.— 

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

3 grants under this subsection to eligible recipients for 

4 eligible projects to establish new bus service or in5 crease the frequency of bus service. 

6 (2) ELIGIBLE PROJECTS.—Eligible projects 

7 under this subsection are projects in eligible areas— 

8 (A) to establish or enhance bus service 

9 with headways equal to or shorter than 20 min10 utes for at least 18 hours per day in neighbor11 hoods lacking such service; 

12 (B) to establish or increase express lane 

13 transit service that connects communities to 

14 jobs and essential destinations, as long as such 

15 service will improve mobility or expand afford16 able transportation options in underserved com17 munities; or 

18 (C) to establish or enhance high-quality 

19 bus service to community colleges and Minority 

20 Serving Institutions, including Historically 

21 Black Colleges and Universities. 

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

23 section include— 

24 (A) acquisition of vehicles; 


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1 (B) acquisition, installation, and construc2 tion of bus stops, stations, and related infra3 structure; 

4 (C) maintenance activities to support the 

5 expanded service; 

6 (D) adding service hours or days to exist7 ing transit service; and 

8 (E) operating expenses for up to 2 years 

9 beginning on the first day of revenue service. 

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

11 this subsection, an applicant shall provide to the 

12 Secretary such information as the Secretary may re13 quire, including information on the extent to which 

14 the project will— 

15 (A) provide reliable and frequent connec16 tions to jobs, education and workforce training, 

17 and essential destinations; 

18 (B) reduce air pollution and greenhouse 

19 gas emissions; and 

20 (C) support unserved and underserved pop21 ulations and communities. 

22 (5) FEDERAL SHARE.— 

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

24 the net project cost of a capital project carried 

25 out using a grant under this subsection shall be 


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1 80 percent. The recipient may provide addi2 tional local matching amounts. 

3 (B) OPERATING COSTS.—The Federal 

4 share of net operating costs for a project car5 ried out using a grant under this subsection 

6 shall be not more than 50 percent. 

7 (6) GRANT REQUIREMENTS.— 

8 (A) IN GENERAL.—A grant under this sub9 section shall be subject to the requirements of 

10 section 5307 of title 49, United States Code, 

11 for eligible recipients, except operating expenses 

12 shall be eligible for funding under this sub13 section for 2 years beginning on the first day 

14 of revenue service in urbanized areas with popu15 lations greater than 200,000. 

16 (B) NEW OR ENHANCED SERVICE.—The 

17 new or enhanced service funded under this sub18 section shall be operated for a period of at least 

19 5 years. 

20 (7) GRANT SOLICITATION.—The Secretary may 

21 provide funds authorized under this subsection 

22 through 1 or more notices of funding opportunity. 

23 (8) JUSTICE40 INITIATIVE.—In making com24 petitive grants under this subsection, the Secretary 

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


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1 percent of the overall benefits of the Federal invest2 ment flow to disadvantaged communities, consistent 

3 with sections 219 and 223 of Executive Order 14008 

4 and related regulations, Executive Orders, and ad5 ministrative guidance. 

6 (9) AVAILABILITY OF AMOUNTS.—Any amounts 

7 made available under this subsection— 

8 (A) shall remain available for 2 fiscal years 

9 after the fiscal year for which the amount is 

10 made available; and 

11 (B) that remain unobligated at the end of 

12 the period described in subparagraph (A) shall 

13 be made available to other eligible projects. 

14 (10) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated out of the 

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

17 year 2022 to provide grants under this subsection. 

18 (11) DEFINITIONS.—In this subsection: 

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

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

21 defined by the Secretary, within an urbanized 

22 area that has a population of more than 

23 100,000 where fewer than 45,000 annual fixed 

24 route bus vehicle revenue miles per square mile 

25 are operated. 


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1 (B) ELIGIBLE RECIPIENT.—The term ‘‘eli2 gible recipient’’ means— 

3 (i) designated recipients that allocate 

4 funds to fixed route bus operators or ex5 press lane transit operators; or 

6 (ii) State or local governmental enti7 ties that operate or propose to operate 

8 fixed route bus service or express lane 

9 transit. 

10 (C) EXPRESS LANE TRANSIT.—The term 

11 ‘‘express lane transit’’ means an integrated 

12 combination of bus rapid transit and tolled 

13 managed lanes that allows for limited access 

14 entry of toll paying vehicles to restricted lanes, 

15 while prioritizing transit’s need and use of 

16 available capacity in order to improve transit 

17 performance. 

18 (c) FEDERAL SHARE ADJUSTMENTS.— 

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

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

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

22 this division, there are authorized to be appropriated 

23 for fiscal year 2022 such sums as may be necessary 

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

25 project sponsor, of a new fixed guideway, a core caVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 pacity improvement, or a small starts project that is 

2 not open to revenue service and that has received an 

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

4 2021. 

5 (2) CRITERIA.—In making allocations under 

6 subparagraph (1), the Secretary shall take into con7 sideration the extent to which the project sponsor 

8 demonstrates a need for a higher Federal share, in9 cluding the extent to which— 

10 (A) a project sponsor made a local finan11 cial commitment that exceeded 20 percent of 

12 the cost of the project; and 

13 (B) a project sponsor has experienced, as 

14 a result of the coronavirus public health emer15 gency. 

16 (3) ADJUSTMENT.—Notwithstanding any other 

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

18 criteria in paragraph (2), the Secretary shall in19 crease the Federal share of a project under this sec20 tion by up to 30 percent, up to a maximum of an 

21 80 percent Federal share. 

22 (4) AMOUNT.—Amounts distributed under this 

23 subsection shall be provided notwithstanding the lim24 itation of any calculation of the maximum amount of 

25 Federal financial assistance for the project for a new 


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1 fixed guideway, a core capacity improvement, or a 

2 small start project. 

3 SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS4 TRATION. 

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

6 (1) IN GENERAL.— 

7 (A) AUTHORIZATION OF APPROPRIA8 TIONS.—In addition to amounts authorized 

9 under section 102, there is authorized to be ap10 propriated from the Highway Account for fiscal 

11 year 2022, for activities under this subsection, 

12 $244,514,000. 

13 (B) CONTRACT AUTHORITY.—Amounts au14 thorized under subparagraph (A) shall be avail15 able for obligation in the same manner as if 

16 such funds were apportioned under chapter 1 of 

17 title 23, United States Code. 

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

20 year 2022, obligations for activities authorized 

21 under this paragraph and obligations for activi22 ties authorized under section 

23 102(a)(2)(A)(i)(II)(bb) that exceed amounts au24 thorized under section 4001(a)(6) of the FAST 


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

2 $247,783,000. 

3 (2) DISTRIBUTION OF FUNDS.—Amounts au4 thorized to be appropriated for fiscal year 2022 

5 under paragraph (1) shall be distributed as follows: 

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

7 402 of title 23, United States Code. 

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

9 403 of title 23, United States Code. 

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

11 404 of title 23, United States Code. 

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

13 405 of title 23, United States Code. 

14 (b) COOPERATIVE RESEARCH AND EVALUATION.— 

15 Notwithstanding the apportionment formula set forth in 

16 section 402(c)(2) of title 23, United States Code, and sec17 tion 403(f)(1) of title 23, United States Code, $2,500,000 

18 of the total amount available for apportionment to the 

19 States for highway safety programs under section 

20 402(c)(2) of title 23, United States Code, fiscal year 2022, 

21 shall be available for expenditure by the Secretary, acting 

22 through the Administrator of the National Highway Traf23 fic Safety Administration, for a cooperative research and 

24 evaluation program to research and evaluate priority high25 way safety countermeasures. 


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1 SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA2 TION. 

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

4 (1) AUTHORIZATION OF APPROPRIATIONS.— 

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

6 authorized under section 102, there is author7 ized to be appropriated from the Highway Ac8 count for fiscal year 2022, for activities under 

9 this subsection, $209,900,000. 

10 (B) OBLIGATION LIMITATION.—Notwith11 standing any other provision of law, for fiscal 

12 year 2022, obligations for activities authorized 

13 under this paragraph shall not exceed 

14 $209,900,000. 

15 (2) DISTRIBUTION OF FUNDS.—Amounts au16 thorized to be appropriated for fiscal year 2022 

17 under paragraph (1) shall be distributed as follows: 

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

19 United States Code— 

20 (i) $80,512,000 for carrying out sec21 tion 31102 (except subsection (l)) of title 

22 49, United States Code); 

23 (ii) $14,208,000 for carrying out sec24 tion 31102(l) of title 49, United States 

25 Code; and 


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1 (iii) $23,680,000 for carrying out sec2 tion 31313 of title 49, United States Code. 

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

4 31110 of title 49, United States Code. 

5 (3) TREATMENT OF FUNDS.—Amounts made 

6 available under this section shall be made available 

7 for obligation and administered as if made available 

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

9 (b) ADMINISTRATIVE EXPENSES.—The Adminis10 trator of the Federal Motor Carrier Safety Administration 

11 shall ensure that funds made available under subsection 

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

13 to support— 

14 (1) the acceleration of planned investments to 

15 modernize the Administration’s information tech16 nology and information management systems; 

17 (2) the completion of outstanding statutory 

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

19 FAST Act (114–94); and 

20 (3) a Large Truck Crash Causal Factors Study 

21 of the Administration. 

22 SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZA23 TIONS. 

24 (a) MEMBER DESIGNATED PROJECTS.—The amount 

25 listed for each member designated project in the table in 


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1 subsection (c) shall be available (from amounts made 

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

3 for fiscal year 2022 to carry out each such project. 


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1 (b) SAVINGS CLAUSE.— 

2 (1) ADDITIONAL INFORMATION.—In admin3 istering member designated projects, the Secretary 

4 shall consider the additional information provided in 

5 the Committee Report, or any subsequent report 

6 superceding such Committee Report, accompanying 

7 this Act. 

8 (2) SUBSEQUENT PHASES.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), nothing in the table in subsection 

11 (c), or in the Committee Report, or any subse12 quent report superceding such Committee Re13 port, accompanying this Act, shall prevent the 

14 Secretary, at the discretion of the Secretary, 

15 from allowing a subsequent phase of a member 

16 designated project to be carried out with funds 

17 reserved for such project under subsection (c). 

18 (B) PROJECT SPONSOR CONCURRENCE.— 

19 The Secretary shall only allow under this para20 graph a subsequent phase of a member des21 ignated project to be carried out with funds re22 served for such project under subsection (c) 

23 with the concurrence of the project sponsor for 

24 such project listed in the Committee Report, or 


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1 any subsequent report superseding such Com2 mittee Report, accompanying this Act. 

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

4 subsection (c), or the Committee Report, or any sub5 sequent report superceding such Committee Report, 

6 accompanying this Act, shall prevent funds reserved 

7 for a member designated project from being 

8 repurposed as described in section 103(i)(2), pro9 vided that all requirements in such section are satis10 fied. 

11 (c) PROJECT DESIGNATIONS.—The table in this sub12 section is as follows: 

No. Project 

Name City State/Territory Amount 

1 Cowles Street 

Reconstruction 

Fairbanks AK 7,955,000 

2 Replace Bridge 

114.3 

Anchorage AK 6,421,200 

3 Seldon Road 

Extension, 

Phase 2 

Wasilla AK 5,623,800 

4 Alabama State 

Highway 77 

Northbound 

Bridge Replacement 

Project 

Southside AL 2,396,200 

5 Lighting and 

Landscaping 

on I–85 at 

Exit 57 

Auburn AL 1,840,000 

6 Realignment of 

SR–22 to 

US–431 

Roanoke AL 8,005,000 


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No. Project 

Name City State/Territory Amount 

7 Red Bay Interchange Lighting at SR–24 

(Corr V) and 

SR–19 

Red Bay AL 860,000 

8 Widening of 

Hwy 411 

Moody AL 509,000 

9 Bridge Replacement on CR– 

39 

Montgomery AL 2,339,717 

10 Bridge Replacement over 

Sipsey River 

Greene and 

Pickens 

Counties 

AL 3,296,963 

11 Dallas County—Bridge 

Replacement 

on SR–14 

Dallas County AL 6,239,939 

12 Resurfacing on 

US–43 

Marengo 

County 

AL 1,616,000 

13 Resurfacing on 

US–84 

Choctaw 

County 

AL 1,616,000 

14 Streetscape— 

Civil Rights 

District Freedom Trail 

Birmingham AL 2,000,000 

15 Streetscape— 

Richard 

Arrington 

Blvd Safety 

Improvements 

Birmingham AL 1,969,664 

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

17 56th Street 

Roadway Mobility and 

Safety Improvements 

Phoenix AZ 5,000,000 

18 5th/6th Street 

Complete 

Streets 

Project 

Tucson AZ 7,000,000 

3,500,000 

3,500,000 

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

20 Chino Road Extension Phase 

II 

Douglas AZ 2,910,000 

21 Cool Pavement 

Program 

Phoenix AZ 3,200,000 


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No. Project 

Name City State/Territory Amount 

22 Davis Road 

Mileposts 5 & 

13 

Tombstone 

and McNeal 

AZ 4,000,000 

23 Downtown Electric Vehicle 

Charging 

Stations 

Phoenix AZ 2,400,000 

24 Drexel Road 

Extension 

and Bridge 

Project 

Tucson AZ 5,000,000 

25 Electric Bus Infrastructure Flagstaff AZ 1,485,000 

26 Flashing Yellow 

Arrow (FYA) 

Phase III 

Glendale AZ 800,000 

27 Grand 

Canalscape 

Improvements Phase 

IV: 47th Avenue to Interstate 17 

Phoenix AZ 5,000,000 

28 Highline Canal 

Recreational 

Path Lighting Replacement 

Guadalupe AZ 501,824 

29 I–10, Loop 202 

to SR 387 

Phoenix AZ 5,000,000 

30 Intersection 

Safety Improvements 

at Six HighCrash Locations in 

Phoenix 

Phoenix AZ 5,760,000 

31 Kyrene Branch 

Canal Shared 

Use Path 

Chandler AZ 1,758,000 

32 Lone Tree Corridor Flagstaff AZ 8,000,000 

33 Pathway 

Project, 

Baffert Dr to 

Nogales High 

School 

Nogales AZ 1,220,169 

34 Peters Road 

Widening 

Casa Grande AZ 5,000,000 


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No. Project 

Name City State/Territory Amount 

35 San Xavier 

Road Pedestrian Pathway Project 

Tucson AZ 814,000 

36 Sonoran Corridor Tier II 

EIS 

Tucson AZ 5,000,000 

37 South Campbell 

Avenue Complete Streets 

Project 

Tucson AZ 6,209,831 

38 Tempe/Mesa 

Streetcar Rio 

Salado East 

Extension 

Tempe and 

Mesa 

AZ 4,000,000 

39 Tucson Regional NorthSouth Bus 

Rapid Transit (BRT) 

Corridor 

Tucson AZ 6,512,000 

3,256,000 

3,256,000 

40 US89/ Lake 

Powell Blvd 

Roundabout 

Page AZ 5,000,000 

2,500,000 

2,500,000 

41 California State 

Route 57/60 

Confluence 

Chokepoint 

Relief Program 

Diamond 

Bar 

CA 18,000,000 

42 Cohasset Road 

Widening and 

Fire Safety 

Project 

Cohasset CA 900,000 

43 Commerce Center Drive 

Bridge, Los 

Angeles 

County 

Unincorporated Los 

Angeles 

County 

CA 3,666,666 

44 Creating the 

Next-Generation Santa 

Ana Regional 

Transportation Center 

Santa Ana CA 1,280,000 


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No. Project 

Name City State/Territory Amount 

45 First Avenue 

Bridges Replacement 

over Mojave 

River and 

Overflows 

Barstow CA 7,000,000 

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

47 Fix 5 Cascade 

Gateway 

Redding CA 15,000,000 

48 Harbor Boulevard Street 

Improvements 

Garden 

Grove 

CA 6,248,303 

49 Intersection 

Safety Improvements 

Projects 

Anaheim CA 750,000 

50 Interstate 10/ 

Wildwood 

Canyon Road 

Interchange 

Project 

Yucaipa CA 1,000,000 

51 Interstate 15 

(I–15)/State 

Route 78 

(SR–78) 

Managed 

Lanes 

Project 

Escondido CA 20,000,000 

52 Interstate 15 

Corridor Operations 

Project 

Corona CA 3,000,000 

53 National Trail 

Highway 

Widening 

Victorville CA 5,000,000 

54 Plant 42 Access 

and Safety 

Enhancements 

Palmdale CA 8,666,666 

55 Quick Fix Circulation Improvement 

Project 

Santa Clarita CA 3,666,666 

56 Roe Road Extension 

Project— 

Phase 1 

Paradise CA 1,800,000 


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No. Project 

Name City State/Territory Amount 

57 Scott Road/ 

Bundy Canyon Road 

Widening 

Project 

Menifee CA 12,000,000 

58 Sequoia Avenue 

Railroad 

Grade Crossing Upgrade 

Simi Valley CA 4,000,000 

59 Southgate 

Interchange 

(EIR Only) 

Chico CA 1,800,000 

60 SR–210 5th 

Street Interchange 

Highland CA 3,000,000 

61 State Route 41 

Excelsior 

Corridor 

Project 

Fresno 

County 

CA 20,000,000 

62 Temescal Canyon Road 

Widening 

Project (El 

Cerrito Segment) 

Corona CA 5,000,000 

63 The Anaheim 

Way: Night 

Owl Transit 

Service 

Anaheim CA 650,000 

64 Transit Security & Operations Center Anaheim CA 5,000,000 

65 US395 

OlanchaCartago 4 

Lane Project 

Olancha, 

Cartago 

CA 2,000,000 

66 ‘‘I’’ Street Operating Maintenance Facility Rehabilitation 

Project 

San 

Bernardino 

CA 2,000,000 

67 Street Resurfacing 

Project 

Daly City CA 1,000,000 

68 5 and 134 

Freeway 

Electric Vehicle DC Fast 

Charging 

Network 

Burbank CA 1,000,000 

500,000 


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No. Project 

Name City State/Territory Amount 

500,000 

69 7th Street 

Bridge 

Modesto CA 6,500,000 

70 ADA CurbRamp and 

Sidewalk Improvements 

Long Beach CA 1,450,000 

71 Additional Mini 

Highs at 

Caltrain Stations 

San Francisco, Burlingame, San 

Mateo, Belmont, Palo 

Alto, Mountain View, 

Sunnyvale, 

San Jose, 

Morgan Hill, 

San Martin, 

and Gilroy 

CA 856,000 

306,000 

550,000 

72 Agnew Siding 

Track Infrastructure 

Project 

Santa Clara CA 6,610,000 

73 Alder Avenue 

Improvements at SR– 

210 

Rialto CA 2,380,000 

74 Altadena Community Safe 

Routes to 

School Plan 

Altadena CA 480,000 

75 Amar Road 

Complete 

Streets from 

Baldwin Park 

Boulevard to 

Unruh Avenue, Unincorporated West 

Puente Valley, CA 

La Puente CA 2,250,000 

76 Anaheim Street 

Corridor Improvements 

Long Beach CA 12,000,000 

77 Antioch Bicycle 

Garden 

Antioch CA 2,000,000 

78 Appian Way 

Pedestrian 

Crossing Enhancements 

El Sobrante CA 2,000,000 


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No. Project 

Name City State/Territory Amount 

79 Arcade-Cripple 

Creek Trail 

(formerly 

Electric 

Greenway 

Trail) 

Citrus 

Heights and 

Orangevale 

CA 1,100,000 

80 Arrow Highway 

Median Island Installation Project 

from Azusa 

Avenue to 

Citrus Avenue 

Azusa CA 3,000,000 

81 Arrow Highway 

Rehabilitation Project 

from East 

City Limit to 

West City 

Limit 

San Dimas CA 1,600,000 

82 Artesia Great 

Boulevard 

Long Beach CA 8,000,000 

83 At-grade 

Caltrain 

Crossing 

Safety 

Project—E. 

Bellevue Avenue and Villa 

Terrace 

San Mateo CA 3,000,000 

84 Atlantic Avenue 

Improvements 

Los Angeles CA 5,200,000 

85 Atwater-Merced 

Expressway 

(AME) Phase 

1B Right of 

Way acquisition 

Merced CA 2,000,000 

86 Azusa Avenue 

Pedestrian 

Handicap Accessibility & 

Signal Synchronization 

Improvements Project 

West Covina CA 3,000,000 


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No. Project 

Name City State/Territory Amount 

87 Bay Bridge 

Forward – I– 

80/Powell 

Street Transit Access 

and I–80 

Westbound 

Bus Lane 

Extension 

Emeryville 

and Oakland 

CA 3,000,000 

88 Bay Trail at 

Shoreline 

Park 

San Leandro CA 3,000,000 

89 Bay Trail 

Connectivity—Vista 

Point Bay 

Trail 

Sausalito CA 1,300,000 

90 Belmont Alameda de las 

Pulgas Corridor Project 

Belmont CA 2,400,000 

91 Beverly and 

Robertson 

Boulevards 

Complete 

Street Improvements 

West Hollywood CA 3,000,000 

92 Boulder Creek 

Complete 

Streets Improvements 

Project 

Boulder 

Creek 

CA 1,500,000 

93 Broadway Rehabilitation 

Project 

Glendale CA 2,008,000 

94 Build a non-motorized multiuse path 

along State 

Route 1, connecting the 

communities 

of Morro Bay 

and Cayucos 

in San Luis 

Obispo County 

Cayucos CA 4,000,000 


ctelli on DSK11ZRN23PROD with BILLS
62 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

95 Bus/Rail Support Facilities and 

Equipment 

(Trolley Yard 

Expansion 

Project) 

San Diego CA 2,000,000 

96 Cabrillo Mole 

Phase II 

Avalon CA 6,700,000 

97 Caltrain Crossing Optimization Project San Jose CA 315,000 

98 Camino Pablo 

Pathway Rehabilitation 

Project 

Orinda CA 528,000 

99 Capital SouthEast Connector—Segment D3 

Class 1 

Multi-Use 

Path and 

Broadband 

Folsom CA 2,000,000 

100 Central Avenue 

Safety Improvement 

Project – Additional 

Roundabout 

Alameda CA 1,800,000 

101 Central Mobility 

Hub PreConstruction 

Project 

San Diego CA 25,000,000 

12,500,000 

12,500,000 

102 Chandler Blvd 

Bike Path 

Gap Closure 

Los Angeles CA 400,000 

103 Chapman Avenue/ 

Lamplighter 

Street Traffic 

Signal 

Garden 

Grove 

CA 400,000 

104 Chip Seal Program Lakeport CA 2,288,000 

105 City of Ojai 

Electric Trolley 

Ojai CA 440,000 


ctelli on DSK11ZRN23PROD with BILLS
63 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

106 City of San 

Fernando 

Fixed Trolley 

Service – 

Electric 

Buses 

City of San 

Fernando 

CA 1,340,000 

107 City of San 

Fernando 

Sidewalk Repair Project 

City of San 

Fernando 

CA 844,800 

108 City of Vista 

Sidewalk Improvement 

Project on 

Nevada Avenue and 

Lemon Avenue 

Vista CA 820,368 

109 Community 

Beautification Project 

Glendale CA 2,400,000 

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

111 Covina Grade 

Crossing 

Safety 

Projects 

throughout 

Metrolink 

Corridor 

Covina CA 3,000,000 

112 Cudahy Citywide Complete Streets 

Improvement 

Project 

Cudahy CA 1,700,000 

113 CUFC—Washington Street 

Widening 

Project 

Stockton CA 1,200,000 

114 Culver CityBus 

Fleet Electrification 

Facility Infrastructure 

Culver City CA 3,500,000 

115 Del Amo Boulevard Bridge 

Replacement 

and Signal 

Enhancements Project 

Cerritos CA 18,000,000 


ctelli on DSK11ZRN23PROD with BILLS
64 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

116 Destination 

Crenshaw 

Streetscape 

Improvement 

Project 

Los Angeles CA 7,600,000 

117 Downtown Mobility Phase 

3A 

San Diego CA 5,600,000 

118 Duarte—Donald & Bernice 

Watson 

Multi-Use 

Pathway Improvement 

Project 

Duarte CA 1,225,000 

119 East Bayshore 

Road Safety 

Improvements 

East Palo 

Alto 

CA 1,000,000 

120 East Los Angeles Community Mobility 

Los Angeles CA 800,000 

121 East Oakland 

Hydrogen 

Fueling Upgrade 

Oakland CA 2,000,000 

122 East San Fernando Valley 

Traffic Signals on the 

High Injury 

Network 

Van Nuys 

and North 

Hollywood 

CA 1,797,312 

123 East San Fernando Valley 

Transit Corridor 

(ESFVTC) 

Transit-Oriented Community 

(TOC) Plan 

Van Nuys, 

Arleta, 

Pacoima 

CA 1,236,000 

124 East San Fernando Valley 

Transit Corridor Project 

City of San 

Fernando to 

Van Nuys 

CA 10,000,000 

125 East San Jose 

Corridor 

Safety Improvement 

Project 

San Jose CA 4,700,000 


ctelli on DSK11ZRN23PROD with BILLS
65 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

126 El Camino Real 

to Via De 

LaValle 

San Diego CA 2,500,000 

127 El Cerrito del 

Norte Area 

TOD Complete Streets 

Improvements Project 

El Cerrito CA 2,244,000 

128 Electric Vehicle 

Car Share 

Program 

San Pedro CA 120,650 

129 Elm Avenue 

Road Diet 

Reconstruction and 

Class IV-Ventura/California to 

North Avenue 

Fresno CA 3,750,000 

130 Embarcadero 

Station Platform Elevator 

Capacity and 

Redundancy 

Project 

San Francisco CA 6,250,000 

131 Emerald Necklace Quarry 

Clasp Peck 

Park Trail 

Arcadia CA 1,548,800 

132 Evelyn Avenue 

Multi-Use 

Trail 

Sunnyvale CA 3,800,000 

133 Flint Canyon 

Trail Repair/ 

Restoration 

La Can ̃ada 

Flintridge 

CA 4,800,000 

134 Florence A Line 

FLM Improvements 

Los Angeles CA 4,000,000 

135 Francisquito 

Avenue 

Metrolink AtGrade Safety 

Improvements 

Baldwin 

Park 

CA 2,300,000 

136 Gardena 

GTrans ZeroEmission Bus 

Project 

Gardena CA 4,400,000 

137 Garfield Avenue 

Complete 

Streets 

San Pedro CA 1,500,000 


ctelli on DSK11ZRN23PROD with BILLS
66 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

138 Glendora People 

Movement 

Glendora CA 5,000,000 

139 Gold Line Light 

Rail Low 

Floor Station 

Conversion 

Folsom and 

Rancho Cordova 

CA 1,913,788 

140 Golden Gate 

Bridge Physical Suicide 

Deterrent 

System 

(SDS) 

Project 

San Francisco CA 6,550,000 

141 Hale Avenue/ 

Santa Teresa 

Expressway 

Extension 

Phase 2A 

Morgan Hill CA 800,000 

142 Harbor Drive 

2.0 

San Diego 

and National 

City 

CA 800,000 

400,000 

400,000 

143 Hawthorne— 

120th Street 

Improvement 

Project 

Hawthorne CA 950,000 

144 High Voltage 

Conversion 

Fed Program 

Unit 2 

City of Los 

Angeles 

CA 347,200 

145 Highland Avenue and Wabash Avenue 

Intersection 

Improvement 

Project 

Redlands CA 400,000 

146 Highway 1 

North Bicycle/Pedestrian 

Improvements Project 

Half Moon 

Bay 

CA 1,000,000 

147 Highway 116/ 

West Cotati 

Intersection 

Safety Improvement 

Project 

Cotati CA 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
67 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

148 Highway 24 

LaMorinda 

Smart Signal 

System 

project 

Orinda and 

Lafayette 

CA 2,000,000 

149 Highway 9 

Safety Improvement 

Project 

Monte 

Sereno 

CA 520,000 

150 Highways to 

Boulevards 

Los Angeles CA 480,000 

151 I Street Bridge 

Replacement 

Project 

Sacramento 

and West 

Sacramento 

CA 15,000,000 

152 I–405 Sepulveda Pass 

(Phase 1) 

ExpressLanes 

Los Angeles CA 5,000,000 

153 I–505 Vaca 

Valley Parkway Corridor 

Multimodal 

Improvements Project 

Vacaville CA 4,000,000 

154 Inglewood 

Transit Connector (ITC) 

Inglewood CA 9,200,000 

155 Interstate 15 

Northern Extension (I–15 

NEXT) 

Jurupa Valley and 

Eastvale 

CA 20,000,000 

156 Jepson Parkway Vanden 

Road Complete Streets 

Project to 

Travis Air 

Force Base 

Fairfield CA 7,460,000 

157 LA Streetcar 

Power Utility 

Relocations 

Los Angeles CA 2,000,000 

158 Lawndale—Redondo Beach 

Blvd Project 

Lawndale CA 1,000,000 

159 Leesdale Passing Siding 

Extension 

and Upgrade, 

Ventura 

County, CA 

Camarillo CA 6,000,000 


ctelli on DSK11ZRN23PROD with BILLS
68 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

160 Leucadia 

Streetscape 

Phase 2 

(Shown in 

the TransNet 

as North 

Coast Highway 101 

Beautification) 

Encinitas CA 4,000,000 

161 Liberty Canyon 

(Crossing) 

Agoura Hills CA 5,000,000 

162 Link Union 

Station 

Los Angeles CA 5,000,000 

163 Los Nietos Sunshine Shuttle 

Electric Bus 

Replacement 

Unincorporated Los 

Nietos 

CA 480,000 

164 LOSSAN Corridor Improvements 

Del Mar CA 12,500,000 

165 Malaga Bridge 

Project 

Fontana CA 15,000,000 

166 Market Avenue 

Complete 

Street 

N. Richmond CA 2,170,000 

167 Melrose Avenue 

Complete 

Street Improvements 

West Hollywood CA 4,944,149 

168 Metro Purple 

Line Beverly/ 

Wilshire 

North Portal 

Project 

City Beverly 

Hills 

CA 5,000,000 

169 Middle Avenue 

Pedestrian/ 

Bicycle Rail 

Crossing 

Project 

Menlo Park CA 6,500,000 

170 Mission Bl/ 

Pine St Safety Improvement Project 

Fremont CA 2,000,000 

171 Mobility for All 

Project 

N. Richmond 

and Bay 

Point 

CA 2,000,000 

172 Mobility Wallet 

Demonstration and Research Study 

Los Angeles 

County 

CA 4,000,000 


ctelli on DSK11ZRN23PROD with BILLS
69 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

173 Monroe Street 

Interchange 

Project 

Indio CA 20,000,000 

174 Napa Valley 

Vine Trail— 

Yountville to 

St. Helena 

St. Helena CA 3,000,000 

175 New Traffic 

Signal at 

Morrison and 

Sepulveda 

Los Angeles CA 710,000 

176 New Traffic 

Signal at 

Plummer and 

White Oak 

Avenue 

Los Angeles CA 710,400 

177 New Traffic 

Signal at 

Scott Creek 

Rd/ Zinfandel 

St 

Fremont CA 950,000 

178 New Transit 

Maintenance 

Facility 

Commerce CA 2,000,000 

179 North San Jose 

Bike Plan 

Implementation 

San Jose CA 3,838,348 

180 Oakland 7th St 

Bike/Ped Improvements 

Oakland CA 2,500,000 

181 Oakland Alameda Access 

Project 

Oakland and 

Alameda 

CA 2,996,000 

182 Ojai Avenue Pedestrian 

Crossing 

Safety Lighting Improvements 

Ojai CA 440,000 

183 Old I Street 

Bridge Deck 

Conversion 

for Active 

Transportation Project 

West Sacramento CA 4,150,000 

184 Old Town 

Streetscape 

Phase 2 

Elk Grove CA 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
70 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

185 Olive/Magnolia 

Bridge Safety 

Barrier Rail 

Project 

Burbank CA 2,000,000 

186 Otay Mesa 

Truck Route 

Phase 4 

San Diego CA 1,300,000 

187 Overlook and 

Viewpoint 

Improvements to end 

of Mouth of 

Smith River 

Road 

Smith River CA 500,000 

188 Pacific Coast 

Highway at 

Crenshaw 

Boulevard 

Intersection 

Capacity Enhancements 

City of Torrance CA 652,800 

189 Parkway Drive 

and Merced 

Street Bicycle 

and Pedestrian Improvements 

El Monte CA 2,600,000 

190 Pedestrian, 

ADA, Traffic 

Signal and 

Pavement 

Improvements along 

Bus Routes 

Temple City CA 6,200,000 

191 Pine Avenue 

Extension 

Chino CA 5,000,000 

192 Port of Hueneme Intermodal Improvement 

Project to 

Modernize 

the Port 

Wharf and 

Pier and 

Cargo Facilities 

Oxnard CA 3,000,000 


ctelli on DSK11ZRN23PROD with BILLS
71 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

193 Port of Oakland 

Solar, Battery Storage 

and Electric 

Vehicle Truck 

Charger Deployment 

Oakland CA 1,000,000 

194 Puddingstone 

Drive Bicycle 

and Pedestrian Project 

La Verne CA 998,000 

195 Purchase of 

eleven Battery-Electric 

Buses— 

SLORTA 

San Luis 

Obispo 

CA 5,000,000 

196 Quint-Jerrold 

Connector 

Road 

San Francisco CA 7,200,000 

197 Rail to Rail/ 

River Active 

Transportation Corridor Project 

Los Angeles CA 5,000,000 

198 Reche Canyon 

Road Alignment 

Colton CA 4,452,000 

199 Replacement of 

2nd Street 

Bridge over 

Warm Creek 

San 

Bernardino 

CA 2,000,000 

200 Resilient State 

Route 37 

Corridor Enhancement 

Program 

Sonoma CA 7,000,000 

201 Richmond 

Parkway 

Transit Center and Freeway Access 

Improvements 

Richmond CA 1,000,000 

202 San Fernando 

Road Bike 

Path Phase 

III 

Sun Valley 

and North 

Hollywoood 

CA 594,027 


ctelli on DSK11ZRN23PROD with BILLS
72 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

203 San Francisco 

Bay Area 

Rapid Transit (BART) 

Station Restroom and 

Lighting Enhancements 

Oakland, San 

Leandro, 

Berkeley 

CA 3,000,000 

204 San Francisco 

Bay Area regional advance mitigation program 

Alameda, 

Contra 

Costa, and 

Santa Clara 

counties 

CA 5,000,000 

205 San Pablo Avenue Rehabilitation, City 

Limits to 

Pinole Shores 

Pinole CA 742,000 

206 San Rafael 

Channel 

Crossing 

Swing Bridge 

San Rafael CA 2,000,000 

207 Santa Cruz 

METRO Bus 

Replacements 

Santa Cruz CA 1,840,000 

208 Santa Cruz 

Paratransit 

Vans Replacement 

Project 

Santa Cruz CA 505,750 

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

210 Scotts Creek 

Coastal Resiliency Project 

Unincorporated 

Santa Cruz 

County north 

of Davenport 

CA 3,500,000 

211 Sepulveda 

Transit Corridor 

City of Los 

Angeles 

CA 10,000,000 

5,000,000 

5,000,000 

212 Serramonte 

Boulevard 

and 

Serramonte 

Center Driveway Traffic 

Signal 

Colma CA 400,000 


ctelli on DSK11ZRN23PROD with BILLS
73 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

213 Sharp Park Priority Development Area 

(PDA) Access Resurfacing 

Project 

Pacifica CA 960,000 

214 Slauson Avenue 

Congestion 

Huntington 

Park 

CA 1,000,000 

215 SMART Russian River 

Rail Bridge 

Rehabilitation 

Healdsburg CA 13,606,840 

216 Solar Energy 

Project 

(Phase 2) 

Stockton CA 5,300,000 

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

218 SR128/I–505 

Overcrossing 

(Br. 22– 

0110)/Russell 

Blvd Bicycle 

and Pedestrian Improvements 

Winters CA 8,540,000 

219 State Route 11/ 

Otay Mesa 

East Port of 

Entry 

San Diego CA 12,500,000 

220 State Route 

132 West 

Project 

Modesto CA 12,000,000 

221 State Route 25 

Expressway 

Conversion 

and State 

Route 25/156 

Interchange 

Project 

Hollister CA 10,000,000 

222 State Route 37 

and Fairgrounds 

Drive Interchange Improvements 

Vallejo CA 4,000,000 


ctelli on DSK11ZRN23PROD with BILLS
74 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

223 State Route 99 

Madera 

South—Operational Improvement 

Project 

Madera CA 10,000,000 

224 Stockton Rail 

Maintenance 

Facility Expansion 

Stockton CA 6,715,000 

225 Sustainable Mobility Expansion Project Redlands CA 1,756,630 

226 Tarzana Crossing Great 

Streets 

Project 

Tarzana— 

Los Angeles 

CA 500,000 

227 The Highway 

101 

Multimodal 

Corridor 

Project from 

Santa Barbara to 

Montecito 

with improvements on 

Highway 101 

(SB–101–PM 

9.1/12.3) and 

Adjacent 

Local Streets 

including the 

Cabrillo Boulevard Bicycle 

and Pedestrian Improvement 

Project 

Santa Barbara CA 11,000,000 

228 Thornton Avenue Pavement Rehabilitation 

Newark CA 2,000,000 

229 Torrance to 

Florence Bus 

Service 

Torrance CA 4,432,924 


ctelli on DSK11ZRN23PROD with BILLS
75 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

230 Track Rehabilitation of the 

San 

Bernardino 

Line 

City of Rancho 

Cucamonga, 

California 

spanning to 

the City of 

Montclair, 

California including the 

cities of Rancho 

Cucamonga, 

Upland, and 

Montclair 

CA 2,000,000 

231 Traffic Signal 

System Upgrades on I– 

680 Project 

Danville, 

Walnut 

Creek, Concord, Pleasant Hill 

CA 6,000,000 

232 Tri MyRide 

Fleet Expansion Project 

Antioch CA 1,760,000 

880,000 

880,000 

233 TRI-CONNECT, SoCal 

Freight Initiative 

Los Angeles CA 3,357,895 

234 U.S. 101 and 

Del Norte 

Boulevard 

Interchange 

Oxnard CA 3,000,000 

235 Union Street 

Protected 

Bike Lanes 

Pasadena CA 1,600,000 

236 US 101 / 

Woodside 

Interchange 

Improvement 

Redwood 

City 

CA 2,500,000 

237 US 101 Safety 

Improvements— 

South of Salinas 

Salinas and 

Chualar 

(Monterey 

County) 

CA 2,000,000 

238 US 101/SR 25 

Interchange 

Phase 2— 

Santa Teresa 

Boulevard 

Extension 

Gilroy CA 5,000,000 


ctelli on DSK11ZRN23PROD with BILLS
76 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

239 US–101 Managed Lane 

Project North 

of I–380 

San Mateo CA 10,000,000 

240 Valley Link— 

Implementation of Sustainability 

Blueprint 

Livermore CA 20,000,000 

241 Vasco Road 

Safety Improvements 

Phase II 

Byron CA 3,905,000 

242 Vermont Transit Corridor 

Improvements 

Los Angeles CA 10,000,000 

3,900,000 

6,100,000 

243 Walnut Park 

Bus Stop Improvements 

Walnut Park CA 1,200,000 

244 Walnut Park 

Pedestrian 

Plan Implementation 

Walnut Park CA 1,200,000 

245 Warm Springs 

Grade Crossing Improvements 

San Jose CA 7,703,100 

246 West Berkeley 

Bicycle and 

Pedestrian 

Improvements 

Berkeley CA 704,000 

247 West San Jose 

Priority Bikeways Implementation 

Project 

San Jose CA 3,285,680 

248 West Santa 

Ana Branch 

Transit Corridor 

Los Angeles CA 5,000,000 

249 West Valley 

Connector 

Bus Rapid 

Transit— 

Phase 1, and 

Zero-Emission Bus Initiative 

San 

Bernardino 

CA 5,000,000 


ctelli on DSK11ZRN23PROD with BILLS
77 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

250 White Rock 

Road—0.5 

Miles East of 

Rancho Cordova Parkway to the 

Easterly City 

Limits 

Rancho Cordova CA 12,307,000 

251 Widen Central 

Ave to add 

new Class II 

Bike Lanes 

near U.S. 

101 to the 

northwest 

city limits 

Camarillo CA 4,000,000 

252 Wilmington 

WaterfrontAvalon Pedestrian 

Bridge 

Wilmington CA 1,000,000 

253 Woodman Ave. 

Pedestrian 

Improvement 

Project 

Panorama 

City 

CA 3,256,591 

254 Ygnacio Valley 

Road Project 

Walnut 

Creek 

CA 1,000,000 

255 Yosemite Area 

Regional 

Transportation System 

Merced CA 2,250,000 

256 Zero Emission 

Bus Replacements, 

Charging Infrastructure 

and Zero 

Emissions 

Job Training 

Oxnard CA 1,675,000 

257 Zero Emission 

Buses and 

Charging Infrastructure 

Wilmington CA 5,000,000 

258 Zero Emissions 

Bus Purchase—Pasadena, CA 

Pasadena CA 2,100,000 

259 16th St Mall 

Reconstruction Program 

Denver CO 6,530,000 


ctelli on DSK11ZRN23PROD with BILLS
78 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

260 Aurora Bicycle 

and Pedestrian Master 

Plan Update 

Aurora CO 800,000 

261 Big Barnes 

Ditch Trail 

Improvements 

Loveland CO 500,000 

262 Cameron Peak 

Post-Fire 

Emergency 

Funding 

Larimer 

County 

CO 2,000,000 

263 Central Corridor Rail Replacement Denver CO 7,930,000 

264 CO 9 Widening 

from Iron 

Springs to 

Frisco 

Summit 

County 

CO 1,000,000 

265 Easter/Havana 

Intersection 

Improvements 

Centennial CO 6,000,000 

266 Eisenhower 

Johnson Memorial Tunnel (EJMT) 

Repairs and 

Upgrades 

Dillon CO 4,000,000 

267 Expansion of 

Gun Club 

Road 

Aurora CO 1,500,000 

268 Federal Parkway 

Multimodal 

Transportation Improvements 

Westminster CO 4,107,114 

269 Frisco Transit 

Center 

Frisco CO 6,650,000 

270 I–25 Valley 

Highway: 

Phases 3 and 

4 ROW Acquisition 

Denver CO 5,530,000 

271 I–25/Belleview 

Avenue Interchange Improvements 

Greenwood 

Village 

CO 10,000,000 

272 I–70 and 32nd 

Ave. Bridge 

Replacement 

Wheat Ridge CO 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
79 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

273 SH–72 (Indiana 

St) Widening 

at UPRR 

Arvada CO 1,095,872 

274 State Highway 

119 and 

State Highway 52 

Multimodal 

Intersection 

Improvements 

Boulder 

County 

CO 5,000,000 

275 US 36 and 

Community 

Drive Roundabout 

Estes Park CO 850,000 

276 Wadsworth 

Widening: 

35th Avenue 

to I–70 

Wheat Ridge CO 10,000,000 

277 West Colfax Pedestrian 

Safety and 

Infrastructure Project 

Lakewood CO 1,750,000 

278 Branchville 

Transit Oriented Development Pedestrian/Bicycle Improvement 

Ridgefield CT 1,853,120 

279 Comstock 

Brook Bridge 

(No. 04975) 

Replacement 

Wilton CT 2,400,000 

280 Coventry Main 

Street Sidewalk Project 

Final Extension 

Coventry CT 1,200,000 

281 CT–195 (Storrs 

Road) Pedestrian Safety 

Improvements 

Mansfield CT 2,240,000 

282 East Haddam/ 

Haddam 

Swing Bridge 

Rehabilitation Project 

East 

Haddam 

CT 5,000,000 


ctelli on DSK11ZRN23PROD with BILLS
80 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

283 Essex River 

Road Bridge 

and Sidewalk 

Project 

Essex CT 2,400,000 

284 Five Mile River 

Bridge (No. 

04152) Replacement 

Norwalk CT 2,860,000 

285 Greater Hartford Mobility 

Study – 

Planning and 

Preliminary 

Engineering 

Hartford and 

East Hartford 

CT 16,000,000 

286 Greenwich 

Creek Bridge 

(No. 01872) 

Replacement 

Greenwich CT 2,530,000 

287 Harbor Brook 

Bridge (No. 

04185) Replacement 

Project 

Meriden CT 2,800,000 

288 Intersection Improvements 

on Route 39 

at Beckerle 

Street and 

East Gate 

Road 

Danbury CT 3,332,000 

289 Mill River 

Bridge (No. 

04953) Replacement 

Fairfield CT 2,700,000 

290 New Haven 

Downtown 

Crossing 

Phase 4 – 

Temple 

Street Crossing 

New Haven CT 20,000,000 

291 New London 

Pedestrian 

Bridge and 

Public Access 

Project 

New London CT 4,860,000 

292 Park Avenue 

Traffic Signals 

Bridgeport CT 2,686,000 


ctelli on DSK11ZRN23PROD with BILLS
81 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

293 Quinebaug 

River Trail – 

Plainfield 

Section 

Plainfield CT 2,179,953 

294 Route 10 Hop 

Brook Bridge 

(No. 00653) 

Replacement 

Project 

Simsbury CT 2,400,000 

295 Route 109 

Bridge (No. 

05417) Replacement 

Project 

Morris CT 1,520,000 

296 Route 202 

Intersection 

Improvement 

Project 

Brookfield CT 7,400,000 

297 Route 25 

Bridge (No. 

06750) Rehabilitation 

Trumbull CT 1,464,000 

298 Stamford 

Transportation Center 

Improvement 

Stamford CT 3,500,000 

299 20 x 22 Protected Bike 

Lanes 

Washington DC 3,000,000 

300 Arboretum 

Bridge and 

Trail 

Washington DC 4,000,000 

301 Bus Priority 

Program 

Washington DC 4,000,000 

302 H Street Bridge Washington DC 3,000,000 

303 Metropolitan 

Branch 

Trail—Fort 

Totten to Takoma 

Washington DC 3,000,000 

304 Pavement Restoration, National Highway Performance Program 

Washington DC 3,000,000 

305 US 113/SR 20 

Grade Separated Intersection 

Millsboro DE 10,000,000 

306 West Camden 

Bypass 

Camden DE 10,000,000 


ctelli on DSK11ZRN23PROD with BILLS
82 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

307 Approach Road 

at Cecil Air 

and Space 

Port 

Jacksonville FL 600,000 

308 Card Sound 

Bridge Replacement 

Planning and 

Design 

Project 

Key Largo FL 4,200,000 

309 City of South 

Miami Pedestrian Bridge 

South Miami FL 4,330,000 

310 Commodore 

Trail Missing 

Link 

Miami / 

Coral Gables 

FL 999,205 

311 Dunedin Causeway Bridge 

Project 

Dunedin FL 8,000,000 

5,000,000 

3,000,000 

312 Harborview 

Road from 

Melbourne 

Street to I– 

75 

Port Charlotte FL 20,000,000 

313 Marlin Road 

Roadway Improvements 

Project 

Cutler Bay FL 8,800,000 

314 Miami River 

Greenway— 

Curtis Park 

East 

Miami FL 2,392,000 

315 Midway Road 

Multimodal/ 

Freight Improvements 

and Florida’s 

Turnpike 

Connection 

Port St. 

Lucie 

FL 15,000,000 

316 North Bay Village 79th 

Street Complete Streets 

Project 

North Bay 

Village 

FL 1,000,000 


ctelli on DSK11ZRN23PROD with BILLS
83 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

317 Port St. Lucie 

Boulevard 

South—Segment 2.2 

(Alcantarra 

Boulevard to 

Paar Drive) 

Port St. 

Lucie 

FL 5,000,000 

318 PortMiami 

Shore Power 

Pilot Program 

Miami FL 2,000,000 

319 Reconstruction 

of State Road 

33/Interstate 

4 Interchange 

(Exit 38) 

Lakeland FL 20,000,000 

320 Ridge Road Extension Phase 

2B 

Unincorporated 

Pasco County 

FL 15,000,000 

321 Alleyways 

Drainage Improvement 

Project 

Miami Gardens FL 240,000 

322 Breakers Avenue 

Streetscape 

Project 

City of Fort 

Lauderdale 

FL 5,200,000 

323 Cass Street 

Bridge Rehabilitation 

Tampa FL 5,116,000 

324 Central Florida 

Regional 

Transportation Electronic 

Contactless 

Payment System 

Orlando FL 1,032,500 

325 City of West 

Palm Beach 

Grand View 

Heights 

Street Pedestrian Safety 

Improvements Phase 

2 

West Palm 

Beach 

FL 1,200,000 

326 Corrine Drive 

Complete 

Streets 

Project 

Orlando FL 6,900,000 


ctelli on DSK11ZRN23PROD with BILLS
84 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

327 County Line 

Road Improvement 

Project 

West Park FL 944,000 

328 Crystal Lake 

Drive Project 

City of Deerfield Beach FL 389,088 

329 E.E. 

Williamson 

Road Trail 

Connect 

Longwood FL 4,346,000 

330 Econlockhatchee Trail 

Multimodal 

Corridor Improvements 

Orlando FL 8,193,500 

331 Flavor Pict 

Road from 

Lyons Road 

to Hagen 

Ranch Road 

Delray Beach FL 4,780,000 

332 Gulf to Bay 

(SR60) Duke 

Energy Trail 

Overpass 

Clearwater FL 6,000,000 

333 HART Bus 

Shelter Revitalization and 

Expansion 

Tampa FL 6,990,100 

334 Hinson Avenue 

Widening 

Project 

Haines City FL 1,375,000 

335 International 

Drive and 

Sand Lake 

Road (SR 

482) Pedestrian Bridge 

Orlando FL 7,000,000 

336 InVision Tampa 

Streetcar 

Tampa FL 7,700,000 

337 Johnson Street 

Bridge Replacement 

Project 

Hollywood FL 2,904,000 

338 JTA’s Sustainability and 

Renewable 

Energy Transit Facility 

(Project ID 

425454–2) 

Jacksonville FL 2,315,840 

339 Lake Monroe 

Loop Trail 

Sanford FL 3,313,181 


ctelli on DSK11ZRN23PROD with BILLS
85 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

340 Lowson Boulevard from 

Dover Road 

to Federal 

Highway 

Delray Beach FL 1,106,296 

341 Loxahatchee 

Rd. from Arthur Marshall 

Loxahatchee 

Refuge to 

SR–7/US– 

441 

City of Parkland FL 5,000,000 

342 Lyons Road Pedestrian Mobility Lighting and Safety Project City of Coconut Creek FL 2,700,000 

343 Magnolia Drive 

Trail – Phase 

1, 2, & 4 

(Project ID: 

4098037) 

Tallahassee FL 5,000,000 

344 Marigold Ave 

from San 

Lorenzo Rd 

to Peabody 

Rd (4 Roundabouts) 

Poinciana FL 4,731,586 

345 Neptune Road 

Widening and 

Improvement 

Project 

Kissimmee FL 5,000,000 

346 NW 183rd to 

191st Street 

and NW 27th 

to 42nd Avenue Road 

and Sidewalk 

Project 

Miami Gardens FL 1,200,000 


ctelli on DSK11ZRN23PROD with BILLS
86 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

347 NW 187th 

Street to NW 

199th Street, 

from NW 

Sunshine 

State Parkway East to 

NW 12th Avenue AreaRoad Resurfacing, Sidewalks, and 

Drainage Improvement 

Project 

Miami Gardens FL 960,000 

348 NW 191st to 

199th Street 

and NW 2nd 

to 7th Avenue Roadway 

and Sidewalk 

Project 

Miami Gardens FL 600,000 

349 NW 199th to 

202nd Street 

between NW 

3rd and 15th 

Avenue-Road 

Resurfacing 

and Sidewalks Improvement 

Project 

Miami Gardens FL 960,000 

350 NW/NE 87th 

Street Corridor 

Village of El 

Portal 

FL 1,320,551 

351 Opa-locka Railroad Crossing 

Repair 

Opa-Locka FL 2,400,000 

352 Orange Blossom 

Trail Sidewalks Phase 

2A 

Orlando FL 3,012,472 

353 Palm Beach 

County Bus 

Shelter Infrastructure 

Palm Beach 

County 

FL 8,300,000 

300,000 

8,000,000 


ctelli on DSK11ZRN23PROD with BILLS
87 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

354 Palm Springs, 

FL, Park 

Connector 

Pathway System 

Palm Springs FL 854,550 

355 Pine Hills Trail 

Phase 2 from 

Silver Star 

Road (SR 

438) to 

ClarconaOcoee Road 

Orlando FL 557,000 

356 President 

Barack 

Obama Parkway, Phase 2, 

Orlando, 

Florida 

Orlando FL 8,360,000 

357 Rolling Stock Hallandale 

Beach, Hollywood, Dania 

Beach, Fort 

Lauderdale, 

Wilton Manors, Oakland 

Park, Pompano Beach, 

Deerfield 

Beach and 

Palm Beach 

County 

FL 9,000,000 

5,000,000 

4,000,000 

358 SMART Plan 

Beach Express 

(BERT) 

North Capital 

Bus Purchase 

Miami FL 9,100,000 

359 Solar-Powered 

Zero-Emission Bus and 

Facility 

Charging Infrastructure 

St. Petersburg FL 6,000,000 

360 South City 

Transit Capital Project 

StarMetro 

Modernization 

Tallahassee FL 2,400,000 


ctelli on DSK11ZRN23PROD with BILLS
88 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

361 Southcot Drive 

Sidewalk 

Casselberry FL 189,357 

362 SR 50 (Colonial) from 

Thornton Ave 

to Mills Ave 

Orlando FL 917,933 

363 SR 63 (US 27) 

Monroe 

Street from 

John Knox 

Road to 

Lakeshore 

Drive 

(Project ID 

4450531) 

Tallahassee FL 2,400,000 

364 SR-5/US-1/Federal Hwy 

from Johnson 

St. to SR822/Sheridan 

St. 

Hollywood FL 1,899,308 

365 SR–820/Pines 

Blvd from W 

of SW 136th 

Ave to E of 

NW 118th 

Ave 

Pembroke 

Pines 

FL 5,000,000 

366 SR-A1A from 

Hallandale 

Beach Boulevard to Dania 

Beach Boulevard Drainage Improvement Project 

Hallandale 

Beach, Hollywood, and 

Dania Beach 

FL 1,075,350 

367 StarMetro Bus 

Replacement 

Tallahassee FL 1,800,000 

368 SW 36th Street 

Complete 

Street Improvements 

Project 

West Park FL 1,600,000 

369 SW 52nd Avenue Complete 

Street Improvements 

Project 

West Park FL 602,400 

370 Treasure Island 

Causeway 

Bridge 

Project 

Treasure Island FL 4,480,000 


ctelli on DSK11ZRN23PROD with BILLS
89 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

371 University Boulevard at 

Dean Road 

Intersection 

Improvement 

Orlando FL 1,000,000 

372 University 

Drive from 

NW 40th St. 

to Sawgrass 

Expressway 

City of Coral 

Springs 

FL 5,000,000 

373 West Warren 

Avenue Complete Street 

Longwood FL 400,000 

374 Atlanta Beltline Atlanta GA 5,000,000 

375 Big Creek 

Greenway 

Phase 2 Renovation-Replacement 

Cumming GA 3,000,000 

376 Brennan Road 

Improvements 

Columbus GA 7,360,000 

377 Buford Highway Pedestrian Improvements 

Doraville GA 1,373,859 

378 Bus/Paratransit 

Vehicle Acquisition for 

Local Route 

70 

Snellville/ 

Northern 

Dekalb 

GA 6,000,000 

379 Cascade 

Multimodal 

Corridor 

Atlanta GA 1,000,000 

380 Cherokee Area 

Transportation System 

Headquarters 

Canton GA 2,400,000 

381 City of Forest 

Park Pedestrian Bridge 

Forest Park GA 2,000,000 

382 City of Sugar 

Hill’s Highway 20 Pedestrian 

Bridge 

Sugar Hill GA 5,000,000 

383 Clayton Justice 

Center Transit Hub – 

Phase II 

Jonesboro GA 4,960,000 


ctelli on DSK11ZRN23PROD with BILLS
90 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

384 Cobb Parkway 

at McCollum 

Parkway 

Road Realignment 

Kennesaw GA 3,500,000 

385 Cumberland 

Core Loop 

Atlanta GA 1,700,000 

386 East West Connector Corridor Improvement, 

Cobb County 

GA 

Smyrna GA 4,500,000 

387 Emory-CDC 

Intersection 

Project 

Atlanta GA 550,000 

388 GDOT Project 

No. 0013752 

Americus GA 1,216,958 

389 GDOT Project 

No. 0015563 

Cuthbert GA 2,405,280 

390 GDOT Project 

No. 0015638 

Reynolds GA 1,608,000 

391 GDOT Project 

No. 0015651 

Arabi GA 568,000 

392 GDOT Project 

No. 0015652 

Talbotton GA 984,000 

393 Global Gateway 

Connector 

College Park GA 3,542,355 

394 Gwinnett Place 

Transit Center/Mall of 

Georgia local 

bus service 

Gwinnett 

County 

GA 5,000,000 

395 I–20 Diverging 

Diamond 

Interchange 

at Chapel 

Hill Road 

Douglasville GA 5,000,000 

396 Lawrenceville 

Area Park 

and Ride Lot 

Lawrenceville GA 4,800,000 

397 Macon Transit 

Authority 

Electric 

Transit and 

Paratransit 

Vehicle Purchases 

Macon GA 2,600,000 

398 MARTA Route 

115—Covington Highway 

Decatur GA 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
91 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

399 McDaniel Farm 

Park Connector multiuse path 

Gwinnett 

County 

GA 2,000,000 

400 Metropolitan 

Parkway Arterial Rapid 

Transit 

(ART) 

Atlanta GA 3,000,000 

401 New Bus Rapid 

Transit Service along US 

78 

Snellville/ 

Stone Mountain 

GA 5,000,000 

402 North Avondale 

Road Complete Streets 

Project 

Avondale Estates GA 1,975,560 

403 Peachtree Creek 

Greenway 

Brookhaven GA 3,382,000 

404 Project 

DeRenne 

Savannah GA 20,000,000 

405 Safety Improvements— 

Intersection 

of N 

Westover 

Blvd at Nottingham Way 

Albany GA 368,791 

406 South Barrett 

Parkway Reliever 

Kennesaw GA 2,000,000 

407 South Cobb 

Drive Corridor 

Smyrna GA 250,000 

408 SR 120 (Abbotts Bridge 

Road) Operational and 

Safety Improvements 

Johns Creek GA 13,800,000 

409 SR234 and 

Westover 

Blvd—Add 

Westbound 

Right Turn 

and Southbound Left 

Albany GA 349,295 

410 Stonecrest 

Transit Hub 

Stonecrest GA 5,000,000 


ctelli on DSK11ZRN23PROD with BILLS
92 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

411 Widen and Realign Intersection of 

Sands Drive 

and Radium 

Springs 

Albany GA 2,509,319 

412 Windy Hill 

Boulevard 

Smyrna GA 500,000 

413 Guam Public 

Transit Modernization— 

Bus Shelters 

Hagatna GU 20,000,000 

414 Bus and Handi 

Van Acquisition Program 

(Battery 

Electric 

Buses; Electrification of 

Route 40) 

Honolulu HI 7,398,400 

3,699,200 

3,699,200 

415 Hanapepe Road 

Resurfacing 

Hanapepe HI 3,680,000 

416 Hawaii Recreational 

Trails Program (Hawaii 

Integrated 

Trail System) 

Multiple Cities HI 4,000,000 

417 Interstate 

Route H–1 

Improvements, Eastbound, Ola 

Lane Overpass to Vineyard Boulevard 

Honolulu HI 6,150,000 

418 Leeward Bikeway, Philippine Sea 

Road to 

Waipahu 

Depot Street 

Honolulu HI 6,150,000 


ctelli on DSK11ZRN23PROD with BILLS
93 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

419 Papalaua Street 

(RTS 3020, 

MP 0.13– 

MP0.17) 

Traffic Signal Upgrade 

at Wainee 

Street (Route 

3015, MP 

0.3–MP0.34) 

Maui HI 1,154,000 

420 Waianuenue 

Avenue Rehabilitation 

Hilo HI 7,277,499 

421 Waimea to 

Kekaha 

Shared Use 

Path 

Hanapepe HI 2,000,000 

422 Wakea Avenue 

(Route 3920, 

MP 0.70-MP 

0.71) and 

Kamehameha 

Avenue 

(Route 3940, 

MP 0.91– 

MP0.92) 

Intersection 

Improvements 

Maui HI 2,186,000 

423 HIRTA Regional Transit Facility Waukee IA 2,321,000 

424 In the City of 

Iowa City, on 

Dodge Street, 

from Burlington Street 

north to Governor Street. 

Iowa City IA 9,943,600 

425 Iowa 136 bridge 

replacement 

over Elwood 

Creek 3.1 

miles west of 

US 61 in 

Clinton 

County 

Clinton 

County 

IA 1,144,800 

426 Marion County—County 

Road G28 

corridor 

Marion 

County 

IA 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
94 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

427 Red Rock 

Prarie Trail 

(Iowa 117 to 

Co Rd S27) 

Prairie City IA 900,000 

428 Bus Replacements Across 

the District 

Des Moinse IA 5,000,000 

429 Mills Civic 

Parkway Improvements 

West Des 

Moines 

IA 2,000,000 

430 Red Oak Bridge 

Replacement 

Red Oak IA 700,000 

431 Southeast Connector Des Moines IA 7,000,000 

432 Traffic Incident 

Management 

Center at 

Camp 

Dodge— 

Phase I 

Johnston IA 4,880,000 

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

434 Center Street 

Railroad 

Bridge Underpass 

Pocatello ID 4,277,000 

435 Fort Hall 

Connect- Upgrade of Ross 

Fork Road 

Fort Hall ID 3,500,000 

436 I–15B (US–30) 

McCammon 

IC TO Old 

US–91 

McCammon ID 1,716,660 

437 State Street 

Premium 

Corridor, 

Part 2, Boise 

Area, Valley 

Regional 

Transit 

Boise and 

Garden City 

ID 2,000,000 

438 Alton Avenue 

Reconstruction 

Madison IL 624,000 

439 Alton Road Reconstruction 

Phase I & II 

Carlinville IL 616,000 

440 Brush College 

Road and 

Faries Parkway Grade 

Separation 

Decatur IL 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
95 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

441 Calhoun Street 

Bridge Replacement 

City of Morris IL 1,200,000 

442 Candy Lane Macomb IL 3,500,000 

443 Centennial Park 

Shared Use 

Path 

Heyworth IL 963,540 

444 Cloverleaf and 

East Madison 

Subdivisions 

Improvements 

Madison IL 296,000 

445 Curtis Road 

Grade Separation & 

Complete 

Streets 

Project 

Savoy IL 3,293,700 

446 Dix Irvington 

Road Safety 

Project 

Centralia IL 600,000 

447 Dupo Interchange Dupo IL 1,700,000 

448 Edwardsville 

Road Resurfacing 

Project 

Wood River IL 668,000 

449 Frank Scott 

Parkway 

East Extension 

Shiloh IL 12,512,000 

450 Hamilton Road 

East-West 

Connection 

Project 

Bloomington IL 7,000,000 

3,500,000 

3,500,000 

451 Hilltop Road 

Multi-Use 

Trail Extension Project 

Springfield IL 440,000 

452 Lincoln Prairie 

Trail Bridge 

Replacement 

Project 

Taylorville IL 487,161 

453 Madison Avenue 

from 23rd 

Street to 

27th Street 

Resurfacing 

Granite City IL 759,420 


ctelli on DSK11ZRN23PROD with BILLS
96 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

454 Main Street Reconstruction 

Project 

Roscoe IL 3,880,000 

455 Marissa—Main 

St. Resurfacing 

Marissa IL 476,000 

456 Pioneer Parkway Reconstruction Peoria IL 5,000,000 

457 Prospect Road 

Revitalization 

Peoria 

Heights 

IL 6,000,000 

458 Reas Bridges 

Replacement 

Project over 

Lake Decatur 

Decatur IL 3,500,000 

459 Reconstruction 

of Main 

Street from 

Elm Street to 

Madison 

Street 

Staunton IL 1,569,456 

460 Resurfacing of 

County Highway 16 in 

Williamson 

County 

Williamson 

County 

IL 352,000 

461 Resurfacing of 

Main Street, 

Bainbridge 

Trail, and 

Penecost 

Streets 

Marion IL 572,000 

462 Riverside Boulevard Reconstruction and 

Widening 

(Phase II and 

III) 

Loves Park 

and Rockford 

IL 14,920,000 

463 Royal Lakes 

Road Rehabilitation 

Project 

Royal Lakes IL 23,408 

464 Spotsylvania 

Street Improvements 

New Athens IL 452,000 

465 Stanford Avenue Reconstruction 

from 11th 

Street to Fox 

Bridge Road 

Springfield IL 1,279,035 


ctelli on DSK11ZRN23PROD with BILLS
97 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

466 Structure Replacement 

Over Piles 

Fork Creek 

Carbondale IL 504,000 

467 US 67 Widening from 

Delhi Bypass 

Project to 

Crystal Lake 

Rd. 

Jerseyville IL 1,200,000 

468 West Main 

Cross Street 

Improvements from 

Webster 

Street to 

Shumway 

Street 

Taylorville IL 1,127,700 

469 Western 

Road—Marshall County 

Henry IL 2,000,000 

470 118 N Clark 

Pedway Extension 

Chicago IL 2,700,000 

471 143rd St Expansion— 

West Ave to 

SW Highway 

Orland Park IL 9,247,702 

472 143rd St from 

IL 59 to IL 

126 

Plainfield IL 6,200,000 

3,700,000 

2,500,000 

473 34th Street 

Road Modernization 

and 

Stormwater 

Management 

Improvements Phase 

I Design 

Berwyn IL 5,022,323 

474 606 Extension 

– Ashland 

Ave to Elston 

Ave 

Chicago IL 1,440,000 

475 75th Street 

from 

Milbrook 

Drive to 

Greene Road 

Naperville IL 648,560 


ctelli on DSK11ZRN23PROD with BILLS
98 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

476 80th Ave from 

191st to 

183rd St 

Lane Improvements 

Tinley Park IL 1,500,000 

477 9th Street TwoWay Conversion (Whitman Interchange) Rockford IL 4,050,000 

478 Algonquin Road 

(Various 

Intersections) 

and Wilmot 

Road at Main 

Street Intersection Improvements 

Spring Grove IL 2,400,000 

479 All Stations Accessibility 

Program— 

Blue Line Irving Park 

Chicago IL 4,330,000 

480 Arterial Resurfacing Chicago IL 9,357,677 

481 Berkeley Industrial Pedestrian Connector Chicago IL 424,500 

482 Bike Path along 

Quentin Road 

Hawthorn 

Woods/Lake 

Zurich 

IL 1,000,000 

483 Bliss Rd/ 

Fabyan from 

Fabyan to 

Bliss Rd 

Geneva IL 7,000,000 

484 Butler Drive Chicago IL 4,500,000 

485 Central Road: 

Barringon Rd 

to Huntington Blvd 

Hoffman Estates IL 2,000,000 

486 City of Berwyn, 

16th Street 

Rehabilitation Project 

Chicago IL 1,967,468 

487 City of Peoria 

Adams/Jefferson 2–Way 

Conversion 

Peoria IL 5,000,000 

488 Columbia 

Bridge 

Chicago IL 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
99 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

489 CTA—ASAP 

(Belmont 

Station) 

Chicago IL 3,370,000 

490 CTA Red 

Line—Loyola 

Station Improvements 

Chicago IL 3,600,000 

491 DeKalb Traffic 

Signal Upgrades 

DeKalb IL 570,000 

492 Division Street 

Resurfacing 

Oak Park IL 2,000,000 

493 Dundee Ave Reconstruction Elgin IL 5,900,000 

494 East Branch 

DuPage 

River Trail 

Lombard IL 1,200,000 

495 East New York 

Street from 

North 

Farnsworth 

Ave to Welsh 

Drive 

Aurora IL 1,138,300 

496 Fullerton Avenue between 

N Schmale 

Rd and 

Bloomingdale 

Rd 

Glendale 

Heights 

IL 696,500 

497 Gougar Road 

from 

Laraway 

Road to 

Francis Road 

Joliet and 

New Lenox 

IL 2,700,000 

498 Greater Downtown Master 

Plan Phase 

4A 

East Moline IL 4,946,000 

499 Hobson Rd 

63rd St from 

Woodridge 

Dr to Janes 

Ave 

Woodridge IL 490,000 

500 Homan Corridor Improvements Chicago IL 500,000 

501 I–294 103rd 

Street Interchange 

Chicago 

Ridge 

IL 5,000,000 

502 I–294 Crestwood/Robbins 

Interchange 

Crestwood 

and Robbins 

IL 4,800,000 


ctelli on DSK11ZRN23PROD with BILLS
100 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

503 I–57 Interchange near 

Mile Marker 

332 (Between 

Harlem Avenue and Pauling Road) 

Unincorporated Will 

County 

IL 4,500,000 

504 IL 171 (State 

Street) Pedestrian 

Safety Improvements 

Lockport IL 1,400,000 

505 IL 38/Roosevelt 

Road at 

Naperville 

Road 

Wheaton IL 4,800,000 

506 IL 50 from S of 

Brookmont 

Blvd to N of 

US 45/52 & 

Indiana Ave 

to Fair St in 

Kankakee 

Kankakee IL 5,000,000 

507 IL–21 Milwaukee Ave 

Improvements (Glenview) 

Glenview IL 2,000,000 

508 IL–62 

Algonquin Rd 

at New Wilke 

Rd Intersection Improvements 

Rolling 

Meadows 

IL 226,935 

509 Jackson Blvd 

Resurfacing 

(Desplaines 

to Harlem 

Ave) 

Chicago IL 800,000 

510 Kedzie and 

Lake improvements 

Chicago IL 500,000 

511 Lake Cook 

Road (IL–53 

to Raupp 

Blvd) 

Mount Prospect and 

Desplains 

IL 3,000,000 

512 Lombard Rd 

Resurfacing 

and Improvements 

Addison IL 900,000 

513 Madison Street 

Resurfacing 

Bellwood IL 1,107,200 


ctelli on DSK11ZRN23PROD with BILLS
101 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

514 Main Street Reconstruction 

from Randall 

Road to Van 

Nortwick Avenue 

Batavia IL 600,000 

515 McConnell Road 

Intersection 

and Roadway 

Improvements 

Freeport IL 2,528,200 

516 Metra Zero 

Emission Vehicle Pilot 

Chicago Region IL 12,000,000 

1,000,000 

5,000,000 

6,000,000 

517 Midway Bus 

Terminal 

Electrification Concept 

Design 

Chicago IL 550,000 

518 N Lake Shore 

Drive Improvements 

Chicago IL 2,000,000 

519 North Chicago 

Pace Route 

Access 

North Chicago IL 508,080 

520 Oak Park Avenue—111th 

St to 107th 

St 

Worth IL 520,000 

521 Pace Cermak 

Road Transit 

Signal Priority 

Westchester, 

Oak Brook 

and 

Oakbrook 

Terrace 

IL 390,000 

522 Pace Pulse 

Line—Harlem Avenue 

Traffic Signal Improvements 

Morton 

Grove 

IL 400,000 

523 Pace Pulse 

South Halsted Line 

Chicago, Riverdale, and 

Harvey 

IL 900,000 

524 PACE Transit 

Signal Priority 

Chicago IL 900,000 

525 Park Blvd Resurfacing Streamwood IL 220,783 

526 Patriot Path Lake County IL 9,794,640 


ctelli on DSK11ZRN23PROD with BILLS
102 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

527 Proposed Midwest Medical 

Center Entrance and 

Highway Improvements 

Galena IL 2,000,000 

528 Pulaski Corridor Improvements Chicago IL 500,000 

529 Pulaski Road: 

127th St to 

159th St 

Alsip, Crestwood, 

Midlothian, 

Markham, 

and Robbins 

IL 2,500,000 

530 Rand US–12 / 

Kensington / 

IL–83 Intersection Improvements 

Mount Prospect IL 4,500,000 

531 Rand/Central/ 

Mt Prospect 

Road Intersection Improvements 

Mount Prospect and 

Desplains 

IL 371,000 

532 Randall and 

Hopps Road 

Intersection 

Elgin IL 5,000,000 

533 Randall Road 

from Alexandra Blvd to 

Polaris Dr/ 

Acorn Ln 

Lake in the 

Hills 

IL 2,000,000 

534 Rehabilitative 

Resurfacing 

of Belmont 

Avenue— 

25th Ave to 

W of Elm St, 

Fran 

Franklin 

Park 

IL 588,000 

535 Rehabilitative 

Resurfacing 

of Ill 64 

North Ave— 

I–294 to 

Harlem Ave 

& N Frontage Rd - 7th 

Ave to 5th 

Ave 

Elmwood 

Park, Melrose Park, 

Northlake, 

River Forest, 

River Grove 

IL 7,920,000 


ctelli on DSK11ZRN23PROD with BILLS
103 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

536 Rodenburg 

Road Corridor Improvement 

Project 

Roselle IL 928,000 

537 Schick Road 

Resurfacing 

Hanover 

Park 

IL 257,045 

538 Skokie Valley 

Trail Path 

Improvements 

Skokie IL 3,526,800 

539 Spring Street 

Resurfacing 

South Elgin IL 171,264 

540 Study of S. Chicago/79th St/ 

Stony Island 

Intersection 

Chicago IL 800,000 

541 Tonne Road 

Reconstruction—Northern Section 

Elk Grove 

Village 

IL 4,300,000 

542 Traffic Signal 

Modernization—City of 

Chicago 

Chicago IL 1,350,000 

543 US Route 20 

and Reinking 

Road Roundabout 

Elgin IL 1,200,000 

544 US Route 30 at 

Illinois Route 

50 

Matteson IL 4,000,000 

545 Washington 

Boulevard 

Improvements – 21st 

Avenue to 

9th Avenue 

Maywood IL 1,424,000 

546 Weber Road 

from 135th 

Street to Airport Road 

Romeoville IL 2,100,000 

1,000,000 

1,100,000 


ctelli on DSK11ZRN23PROD with BILLS
104 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

547 West Branch 

DuPage 

River Trail 

Connection 

from West 

DuPage 

Woods Forest 

Preserve to 

Blackwell 

Forest Preserve 

West Chicago IL 500,000 

548 Western Avenue 

Grade Separations 

Blue Island, 

Posen, and 

Dixmoor 

IL 4,500,000 

549 Wolfs Crossing 

Road from 

US 34 Chicago Road to 

Eola Road – 

Douglas 

Road Intersection 

Oswego IL 4,822,000 

3,616,500 

1,205,500 

550 Woodstock 

Railyard Relocation & 

Expansion 

Woodstock IL 4,000,000 

551 Zero Emission 

Locomotive 

Commuter 

Rail Pilot 

Blue Island, 

Chicago, Joliet, 

Midlothian, 

Mokena, New 

Lenox, Oak 

Forest, Robbins, Tinley 

Park 

IL 7,000,000 

2,000,000 

5,000,000 

552 Zion 27th 

Street Resurfacing 

Zion IL 920,320 

553 Added Travel 

Lanes at 

45th Avenue 

Unincorporated Lake 

County 

IN 1,500,000 

554 Central Avenue 

Road Reconstruction 

Portage IN 2,000,000 

555 IndyGo EV 

Charging 

Stations 

Indianapolis IN 774,000 


ctelli on DSK11ZRN23PROD with BILLS
105 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

556 Kennedy Avenue Bridge 

Replacement 

Highland 

and Hammond 

IN 8,100,000 

557 Monument Circle/Market 

Street Reconstruction 

Indianapolis IN 12,864,000 

558 Willowcreek 

Road Extension 

Unincorporated Porter County IN 7,411,200 

559 Bridge Replacement on 

151st Street 

West over the 

Ninnescah 

River (B485) 

Sedgwick 

County 

KS 3,600,000 

560 Centennial 

Bridge Replacement 

Leavenworth KS 1,000,000 

561 K–7 Bourbon 

County 

Fort Scott KS 2,000,000 

562 K–7 Crawford 

County 

Girard KS 2,000,000 

563 Reconstruction 

of 151st St 

West between 

53rd St 

North and 

Highway K– 

96 (R356) 

Sedgwick 

County 

KS 3,200,000 

564 Reconstruction 

of the South 

Half Mile of 

135th Street 

West between 

53rd and 

61st Streets 

North (R348) 

Sedgwick 

County 

KS 880,000 

565 Route 458 Improvements Lawrence KS 750,000 

566 SW Topeka 

Boulevard 

(21st to 

29th) Street 

Resurfacing 

Topeka KS 1,480,000 

567 Topeka Metropolitan Bus 

Replacement 

Topeka KS 3,000,000 

568 US–169 Neosho 

County 

Thayer KS 3,000,000 

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


ctelli on DSK11ZRN23PROD with BILLS
106 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

570 US–400 Greenwood County 

(KDOT 

Project Number 400-037 

KA–5790-01) 

Greenwood 

County 

KS 5,000,000 

571 US–56 Douglas 

County 

Baldwin City KS 3,000,000 

572 Wakarusa Drive 

Reconstruction 

Lawrence KS 1,000,000 

573 Washington 

Creek Bridge 

Replacement 

Lawrence KS 400,000 

574 West Kellogg/ 

US–54/400 

Expansion 

Wichita KS 1,800,000 

575 U.S. 69/167th 

St. Interchange Improvement 

Project 

Overland 

Park 

KS 15,000,000 

576 Congestion reduction and 

traffic improvement 

project on 

KY–17/Scott 

Boulevard/ 

Greenup 

Street 

Covington KY 2,000,000 

577 Extend KY 

3155 from 

the southern 

Intersection 

at KY 259 

westerly to 

KY 54 

Leitchfield, 

Grayson 

County 

KY 3,200,000 

578 I–65 SB Ramp 

to Brook St 

Louisville KY 9,600,000 

579 Improve KY 54 

from west of 

the US 60 

Bypass to CR 

1021 

Owensboro, 

Daviess 

County 

KY 4,600,000 

580 Improve KY 

461 from US 

150 to US 25 

Mount 

Vernon, 

Rockcastle 

County 

KY 18,200,000 


ctelli on DSK11ZRN23PROD with BILLS
107 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

581 Improve US 

421 near the 

Virginia 

State Line 

Cranks, Harlan County KY 960,000 

582 Improve westbound lanes 

of US 60 

from KY 

1957 to KY 

6106 

Lewisport, 

Hancock 

County 

KY 3,200,000 

583 KY 335 improvements 

from US 

31W south of 

KY 218 to I– 

65 

Horse Cave, 

Hart County 

KY 3,200,000 

584 KYCT project 

6–80101, KY 

–18 / Superstreet construction 

Boone County KY 5,200,000 

585 KYTC Project 

6–162.40, 

KY–536 from 

Williamswood 

Rd. to 

Calvery Dr. 

to KY–17 

Kenton 

County 

KY 12,064,000 

586 Newtown Pike 

Extension 

Project— 

Phase III 

Scott Street 

Connector 

Lexington KY 20,000,000 

587 Reconstruction 

of KY 44 

from US 31E 

to KY 1319 

Mount Washington, Bullit 

County 

KY 4,800,000 

588 Reimagine 9th 

Street 

Louisvile KY 5,000,000 

589 Smart Signal 

Network 

Louisville KY 2,900,000 

590 Traffic Calming 

Measures for 

Shelby Park 

and 

Smoketown 

Neighborhoods 

Louisville KY 2,400,000 


ctelli on DSK11ZRN23PROD with BILLS
108 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

591 Audubon Ave 

OVLY:LA 1 

to 

Terrebonne 

P/L 

Thibodaux LA 468,510 

592 I–10 (Calcasieu 

River Bridge 

/ Approach) 

Lake Charles LA 10,000,000 

593 I–49 Lafayette 

Connector 

Lafayette LA 10,000,000 

594 LA 3127 St. James 

Parish 

LA 10,000,000 

595 LA 428, General Meyer 

Blvd 

New Orleans LA 8,560,000 

596 MRB South 

GBR: LA 1 

to LA 30 

ConnectorEnvironmental Evaluation 

Baton Rouge LA 1,600,000 

597 MRB South 

GBR: LA 1 

to LA 30 

Connector 

(Pre-Engineering Design) 

Baton Rouge LA 8,000,000 

598 Amherst Town 

Common 

Transportation and 

Mobility Improvements 

Amherst MA 1,344,000 

599 Barker Road 

Bridge 

Project 

Pittsfield MA 1,000,000 

600 Beacon Street 

Bridle Path 

Brookline MA 2,000,000 

601 Belmont Community Path Belmont MA 3,500,000 

602 Blackstone Valley Multi-Use 

Path Phase 

1, Segment – 

2 

Blackstone MA 8,130,842 

603 Blue Line Signal Program Revere, Boston MA 6,000,000 

604 Bourne Rail 

Trail 

Bourne MA 14,728,680 


ctelli on DSK11ZRN23PROD with BILLS
109 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

605 Brockton Area 

Transit—Buy 

Replacement 

35’ Bus (6) 

Brockton MA 2,920,000 

606 Brockton Area 

Transit—Buy 

Replacement 

35’ Electric 

Bus (5) 

Brockton MA 3,160,000 

607 Brockton Area 

Transit— 

Purchase 

Misc. Electric 

Power Equipment 

Brockton MA 480,000 

608 Christina Street 

Rail Bridge 

Newton MA 1,600,000 

609 Columbian 

Square Intersection Improvements 

Weymouth MA 3,000,000 

610 Court and 

Cherry Street 

Intersection 

Improvement 

Plymouth MA 2,000,000 

611 Davis Square 

Transit Signal Priority 

Project 

Somerville MA 100,000 

612 Division Street 

Bridge 

Project 

Great Barrington MA 2,000,000 

613 Double-Tracking on Haverhill Line in 

Massachusetts 

Andover and 

Wilmington 

MA 5,800,000 

2,900,000 

2,900,000 

614 Drift Road at 

Kirby Brooke 

Replacement 

Project 

Westport MA 600,000 

615 Fiske Street 

and Andover 

Street Sidewalk and 

Street Improvements 

Tewksbury MA 456,000 

616 Glendale Street 

Bridge 

Project 

Easthampton MA 1,000,000 


ctelli on DSK11ZRN23PROD with BILLS
110 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

617 Intersection Improvements 

at Central 

Street, Foster St, Hook 

St, Hamilton 

St 

Southbridge MA 1,000,000 

618 Intersection improvements 

at Greenville 

Road (Rte 

31) and 

Turnpike 

Road 

Ashby MA 1,000,000 

619 Intersection Improvements 

at Massachusetts Avenue 

(Route 111) 

and Main 

Street (Route 

27) (Kelley’s 

Corner) 

Acton MA 1,100,000 

620 Intersection improvements 

at Riverside 

Drive and 

Burnham 

Road 

Methuen MA 1,000,000 

621 Intersection Improvements 

at Route 140/ 

Route 62 

Sterling MA 320,000 

622 Intersection Improvements 

on Route 2A 

at Willow 

Road and 

Bruce Street 

Ayer and 

Littleton 

MA 1,000,000 

623 Intersection reconstruction 

on Rte 108 

(Newton 

Road) at Rte 

110 (Kenoza 

Ave. and 

Amesbury 

Road) 

Haverhill MA 1,000,000 

624 James Street 

Project 

Chicopee MA 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
111 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

625 Lake 

Cochituate 

Path 

Natick MA 3,078,722 

626 Leyden Road 

Sidewalk 

Construction 

Greenfield MA 1,840,000 

627 Lynn Commuter Rail 

Station Rehabilitation 

Lynn MA 10,000,000 

628 McGrath Highway Road 

Diet / Protected Bike 

Lane Project 

Somerville MA 500,000 

629 Merrymount 

Bridge Reconstruction 

Project 

Quincy MA 6,000,000 

630 MetroWest Regional Transit Authority 

Blandin Back 

Entrance 

(MWRTA 

BEB Project) 

Framingham MA 1,600,000 

631 New vans for 

elderly and 

those with 

disabilities 

Haverhill MA 375,000 

632 North Adams 

Adventure 

Trail 

North Adams MA 2,000,000 

633 Peabody Canal 

Riverwalk 

Construction 

Peabody MA 6,642,980 

634 Planning and 

Design for 

protecting 

critical transportation infrastructure 

and improving pedestrian access 

to the Northern Avenue 

Bridge and 

along the 

Fort Point 

Channel 

Boston MA 2,500,000 


ctelli on DSK11ZRN23PROD with BILLS
112 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

635 Reconstruction 

and Related 

Work Along 

Revere Street 

Corridor 

Winthrop MA 5,058,493 

636 Reconstruction 

and related 

work on 

VFW Highway 

Lowell MA 3,000,000 

637 Reconstruction 

of Foster 

Street 

Littleton MA 2,000,000 

638 Regional Bike 

and Walking 

Trail (North 

Attleborough 

Branch) 

North 

Attleborough 

MA 1,500,000 

639 Rehab Fitchburg Intermodal Center 

Fitchburg MA 400,000 

640 Rehabilitation & 

Box Widening on 

Route 20, 

from Route 9 

to South 

Street 

Shrewsbury MA 8,000,000 

641 Rehabilitation 

of Boston 

Road 

Westford MA 2,000,000 

642 Replace diesel 

bus with hybrid bus 

Lowell MA 624,800 

643 Replace fueling 

station at 

100 Hale 

Street 

Lowell MA 775,200 

644 Riverbank stabilization 

construction 

at MVRTA 

bus garage 

and administration building 

Haverhill MA 725,000 

645 Roadway rehabilitation on 

route 101 

south 

(Ashburnham) 

Ashburnham MA 1,000,000 


ctelli on DSK11ZRN23PROD with BILLS
113 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

646 Route 131 

Bridge 

Project 

Dudley MA 1,000,000 

647 Route 28 / 

Route 38 

Intersection 

Safety Improvements 

Project 

Somerville MA 3,000,000 

648 Ruggles Station 

State of Good 

Repair Improvements 

Roxbury MA 3,000,000 

649 Stoughton 

Intersection 

Improvements at 

Canton St. 

(Route 27), 

School St., 

and Summer 

St. 

Stoughton MA 1,840,000 

650 Sturbridge 

Roundabout 

Construction 

Sturbridge MA 1,000,000 

651 Sudbury-Concord Bike 

Path Construction 

(Bruce Freeman Trail) 

Concord MA 1,000,000 

652 Taunton River 

Trail 

Taunton MA 4,800,000 

653 Union Station 

Regreening & 

Lighting 

Project 

Springfield MA 6,000,000 

654 Walnut Street 

Signalization 

Project 

Foxborough MA 2,000,000 

655 Warren Street / 

Blue Hill Avenue Multimodal Corridor Phase I 

Boston MA 12,000,000 

656 West Rodney 

French Improvement 

Project 

New Bedford MA 2,373,680 


ctelli on DSK11ZRN23PROD with BILLS
114 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

657 West Street/ 

Route 27 

Intersection 

Reconstruction 

Medfield MA 1,440,000 

658 Baltimore 

Greenway 

Trails Network: Critical 

Corridor Advancements 

Baltimore 

City 

MD 13,200,000 

4,400,000 

4,400,000 

4,400,000 

659 Bicycle-Pedestrian Priority 

Area Improvements— 

Purple Line 

(TIP 3642 

Pedestrian 

Safety Program) 

Montgomery 

County 

MD 6,500,000 

660 Dobbin Road 

Pathway 

Columbia MD 3,200,000 

661 Dual Locomotives for 

Commuter 

Rail Service 

in the Future 

B&P Tunnel 

Baltimore 

City 

MD 2,000,000 

1,000,000 

1,000,000 

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

5,000,000 

5,000,000 

5,000,000 

663 Electric Bus 

Grants 

Rockville, 

Silver Spring 

MD 4,992,000 

1,937,000 

1,780,000 

1,275,000 

664 Fayette Street 

Bridge Replacement 

Cumberland MD 4,800,000 

665 Frederick and 

Pennsylvania 

Railroad 

Trail 

City of Frederick and 

Walkersville 

MD 2,560,000 


ctelli on DSK11ZRN23PROD with BILLS
115 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

666 Howard County 

Flash Extension 

Columbia MD 3,200,000 

667 I–81 Phase 2 

Reconstruction 

Hagerstown MD 4,620,000 

668 Interstate 95/ 

Greenbelt 

METRO/ 

MARC Station Access 

and Redevelopment 

Project 

Greenbelt MD 20,000,000 

669 MicroTransit & 

Demand Response Electric Transit 

Vehicles and 

Infrastructure 

Owings Mills MD 2,019,012 

670 New Carrollton 

Metro/ 

MARC/Amtrak/Purple 

Line 

Multimodal 

Transit District Rightof-Way Improvements 

Landover MD 18,480,000 

671 Northwest Expressway (I– 

795) at 

Dolfield Boulevard Interchange Redesign 

Owings Mills MD 800,000 

672 Parole Transportation 

Center 

Annapolis MD 2,000,000 

673 US 1 Safety 

Projects 

North Laurel, Savage, 

Jessup, 

Elkridge 

MD 3,200,000 

674 US 15 Frederick Freeway Reconstruction 

Frederick MD 8,800,000 


ctelli on DSK11ZRN23PROD with BILLS
116 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

675 US 29 Rapid 

Transit Improvements— 

Phase 2 Design 

Silver Spring MD 4,000,000 

676 Veirs Mill /Randolph Bicycle 

& Pedestrian 

Priority Improvements 

Rockville MD 6,000,000 

677 Woodley Road 

Extension to 

MD 715 

Aberdeen MD 5,000,000 

678 Berwick Route 

9—Intersection Improvements 

Berwick ME 800,000 

679 Casco Bay 

Lines Replacement 

Ferry 

Portland ME 7,500,000 

680 Maine State 

Ferry Vessel 

Replacement 

Rockland ME 7,500,000 

681 Milo, Sebec 

River Bridge 

Replacements 

and Village 

Improvements 

Milo ME 8,000,000 

682 New Transit 

Hub 

Bangor ME 327,600 

683 Sanford SRTS 

Multi-Use 

Trail 

Sanford ME 400,000 

684 Sanford US 

Route 202/ 

State Route 

4A 

Sanford ME 3,600,000 

685 U.S. Route 1 

Improvements 

Van Buren ME 10,700,000 

686 10 Mile Signal 

Modernization 

Center Line MI 550,068 

687 14 Mile Rd Rehabilitation, 

Lahser to Evergreen 

Beverly Hills MI 1,208,080 

688 14 Mile Road Roseville MI 3,100,000 


ctelli on DSK11ZRN23PROD with BILLS
117 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

689 21 Mile Road 

Bridge Replacement 

over the 

Gloede Drain 

Macomb 

Township 

MI 1,616,800 

690 Airport Road 

Rehabilitation Project 

Blackman 

Township, 

Jackson 

County 

MI 4,930,000 

691 Beck Road 

Business Corridor Railroad Grade 

Crossing 

Safety 

Project 

Wixom MI 18,612,000 

692 Bridge and Pedestrian Facility Upgrades on the 

Detroit 

Riverwalk 

Detroit MI 1,838,812 

693 Bristol Road 

and Van 

Slyke Road 

Concrete 

Pavement 

Reconstruction Project 

Flint Township MI 700,000 

694 Bristol Road: 

Mill and Resurface 

Burton MI 1,248,000 

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

696 Center Road 

Reconstruction Project 

Genesee 

Township 

MI 600,000 

697 Coolidge Rd 

(Road Rehabilitation and 

Bike Lanes) 

East Lansing MI 883,359 

698 Division Avenue 

Project 

Grand Rapids MI 4,200,000 

699 E Michigan Avenue Lansing MI 2,589,121 

700 Feher Drive Reconstruction 

& Pedestrian 

Improvement 

Project 

Montrose MI 680,000 


ctelli on DSK11ZRN23PROD with BILLS
118 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

701 Fenton Road 

Bridge over 

the Thread 

Creek 

Flint MI 400,000 

702 Flint Mass 

Transportation Authority 

(MTA) Rides 

to Wellness 

Facility Expansion/Renovation 

Flint MI 1,062,387 

703 Genesee Street 

Bridge over 

Farmers 

Creek 

Lapeer MI 1,896,750 

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

705 Haist Road 

over Pigeon 

River Preventive Maintenance 

Winsor 

Township 

MI 194,000 

706 Hubbard Street 

Rehabilitation 

Mount 

Clemens 

MI 942,400 

707 Inkster Road 

Bridge Over 

the Lower 

Rouge 

River—Capital Preventative Maintenance 

Inkster MI 329,600 

708 Intelligent 

Transportation Systems Capital 

Investments 

in Traffic 

Signals on 

M–59 

Pontiac MI 2,240,000 

709 Iron Belle Trail Burton MI 1,200,000 

710 Joe Louis 

Greenway 

Hamtramck 

Drive Shared 

Use Path 

City of Hamtramck MI 3,920,000 

711 Kalamazoo US– 

131/US– 

131BR 

Kalamazoo MI 14,745,600 


ctelli on DSK11ZRN23PROD with BILLS
119 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

712 Kelly Road Fraser MI 3,500,000 

713 King Road 

Bridge Replacement 

over the Belle 

River 

China Township MI 2,299,800 

714 Kuhl Road over 

Shebeon 

Drain Bridge 

Replacement 

Fairhaven 

Township 

MI 1,282,400 

715 Lake Shore 

Drive, 

Houghton 

County, 

Michigan 

Calumet and 

Hancock 

Township 

MI 1,040,000 

716 M–143W Lansing MI 597,767 

717 M–46 and M– 

19 Reconstruction 

Elmer Township MI 10,073,042 

718 Marlette Road 

Bridge over 

South 

Branch of the 

Cass River 

Marlette MI 1,406,000 

719 Miller Road and 

Rotunda 

Drive Bridges 

Dearborn MI 20,000,000 

720 Mound Road 

Industrial 

Corridor 

Technology 

and Innovation Project 

Macomb 

County, Warren 

MI 11,000,000 

1,000,000 

10,000,000 

721 Mt. Vernon 

Street Reconstruction 

Southfield MI 4,400,000 

722 N Cedar St Mason MI 2,543,083 

723 N Putnam St Williamston MI 375,000 

724 N. Leroy 

Streetscape 

and Resurfacing 

Project 

Fenton MI 1,600,000 

725 North Beech 

Daily Road 

Rehabilitation Project 

Dearborn 

Heights 

MI 1,417,226 


ctelli on DSK11ZRN23PROD with BILLS
120 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

726 Oakland Avenue 

Road Rehabilitation 

Project 

Highland 

Park 

MI 1,212,169 

727 Oakville Waltz 

Road 

London 

Township 

MI 3,728,000 

728 Orchard Lake 

Road from 

13 Mile to 14 

Mile 

Farmington 

Hills 

MI 1,076,085 

729 Orchard Lake 

Road from 

Middlebelt to 

Pontiac City 

Limits 

City of Sylvan Lake, 

West Bloomfield and 

Bloomfield 

Township in 

Oakland 

County 

MI 2,000,000 

730 Ottawa Avenue 

Project 

Grand Rapids MI 845,000 

731 Joe Louis 

Greenway 

Phase One 

(Conrail 1 / 

May Creek) 

Detroit MI 2,000,000 

732 Pennsylvania 

Road Grade 

Separation 

On border of 

City of Romulus and 

Huron Township 

MI 15,000,000 

733 Pierson Road 

Reconstruction Project 

Mt. Morris 

Township 

MI 2,400,000 

734 Plank Road 

over US–23 

Milan MI 4,335,618 

735 Reid Road 

Downtown 

Streetscape 

and Rehabilitation Spur 

Community 

Project 

Grand Blanc MI 700,000 

736 Resurfacing of 

12 Mile Road 

in Southfield 

from Northwester Hwy 

to Telegraph 

Road 

Southfield MI 750,000 

737 S Pennsylvania 

Ave 

Lansing MI 1,472,000 


ctelli on DSK11ZRN23PROD with BILLS
121 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

738 Saginaw Street 

Road Reconstruction 

Project 

Flint MI 1,600,000 

739 Saginaw Transit Authority 

Regional 

Services 

(STARS) 

Bus Replacement 

Saginaw MI 2,388,456 

740 Saginaw Transit Authority 

Regional 

Services 

(STARS) 

Potter Street 

Station Study 

Saginaw MI 200,000 

741 Silver Lake 

Road Connector Trail 

Fenton and 

Linden 

MI 868,682 

742 Skanee Road 

Improvements (from 

Jentoft Road 

to Town 

Road) 

L’Anse and 

Arvon Townships 

MI 7,530,000 

743 Skanee Road 

Improvements (from 

Town Road 

to Portice 

Road) 

Arvon Township MI 4,000,000 

744 Snyder Rd. East Lansing MI 263,500 

745 St. Ignace Road 

Reconstruction 

Marquette 

Township 

MI 800,000 

746 State Park 

Drive Reconstruction 

Charter 

Township of 

Bangor and 

Bay City 

MI 2,000,000 

747 US–12 over the 

Coldwater 

River Reconstruction 

Coldwater MI 645,360 

748 US–127 and 

US–223 Resurfacing 

Addison MI 4,800,000 

749 W Grand River 

Rd 

Howell MI 296,826 


ctelli on DSK11ZRN23PROD with BILLS
122 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

750 W Silver Bell 

Rd 

Auburn Hills 

and Orion 

Township 

MI 4,200,000 

751 Waverly Rd Lansing MI 744,762 

752 Wealthy StreetFuller Ave to 

East City 

Limits 

Grand Rapids MI 7,250,000 

753 Wenona Avenue 

Reconstruction 

Bay City MI 2,325,000 

754 Apple Valley 

Transit Station Modernization 

Apple Valley MN 800,000 

755 Bottineau LRT 

Project 

Minneapolis 

to Brooklyn 

Park 

MN 20,000,000 

10,000,000 

10,000,000 

756 Burnsville Bus 

Garage Modernization 

Burnsville MN 2,400,000 

757 City of 

Wabasha 

Highway 60 

Realignment 

Wabasha MN 3,975,000 

758 E-Line Bus 

Rapid Transit (BRT) 

Minneapolis 

to Edina 

MN 5,000,000 

2,500,000 

2,500,000 

759 F-Line Bus 

Rapid Transit (BRT) 

Columbia 

Heights 

MN 4,500,000 

760 Goodhue County CSAH 2 

Bridge Replacement 

Red Wing MN 640,000 

761 I–35/CSAH 50 

Interchange 

Preliminary 

Engineering 

Lakeville MN 700,000 

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

763 Kellogg-Third 

Street Bridge 

St. Paul MN 7,500,000 

764 Pedestrian 

Bridge Over 

I–94 

Minneapolis MN 3,000,000 

765 Reconnect 

Rondo Land 

Bridge 

Saint Paul MN 5,200,000 


ctelli on DSK11ZRN23PROD with BILLS
123 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

766 Rice Street Revitalization 

Project 

Saint Paul MN 6,864,000 

767 University of 

Minnesota 

Arboretum 

Access and 

Egress Improvements 

Chaska MN 5,840,000 

768 US 169/TH 

282/ CH 9 

Interchange 

Project 

Jordan MN 2,300,000 

769 US Highway 8 

Reconstruction 

Chisago City, 

Wyoming, 

Forest Lake 

MN 20,000,000 

770 Veterans Memorial Greenway Eagan MN 5,000,000 

771 Adding signing 

and striping 

for wrong 

way countermeasures at 

various ramp 

locations 

throughout 

the St. Louis 

District 

St. Louis MO 708,800 

772 Bridge improvement and 

widening over 

Elkhorn 

Creek 1.6 

miles south 

of Rte. CC 

near Buell 

Montgomery 

County 

MO 720,000 

773 Bridge Rehab 

at Pitman 

Ave, I–70, 

and I–64 in 

Wentzville 

Wentzville MO 3,088,000 

774 Bridge Rehabilitation and 

Pavement 

Repairs 

St. Louis MO 2,576,000 

775 Chadwick Flyer 

Central 

Greenway 

Trail 

Springfield MO 4,000,000 


ctelli on DSK11ZRN23PROD with BILLS
124 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

776 Cliffs Drive 

State Scenic 

Byway Improvements 

Kansas City MO 2,160,000 

777 Downtown 

Odessa Infrastructure Improvements 

Odessa MO 900,000 

778 Expand I–44 to 

6 lanes in the 

Springfield 

area 

Springfield MO 1,800,000 

779 Grand Street 

Pedestrian 

Underpass 

and 

Streetscape 

Improvements 

Springfield MO 3,000,000 

780 Hydraulic 

Study for 

causeway 

north of 

Washington 

Washington MO 240,000 

781 I–44: Bridge rehabilitation 

over Gasconade overflow. Project 

involves 

bridge L0753 

Laclede 

County 

MO 331,200 

782 I–70: Bridge 

improvements 

over 

Chouteau 

Creek. 

Project involves bridge 

A5118 and 

A5119 

Cooper 

County 

MO 246,400 

783 Improve bridge 

conditions at 

Rt. C in 

Audrain 

County 

Audrain 

County 

MO 548,800 

784 Improve pavement condition Rt. BB 

Randolph 

County 

Randolph 

County 

MO 600,800 


ctelli on DSK11ZRN23PROD with BILLS
125 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

785 Improve pavement condition Rt. K 

Randolph 

County 

Randolph 

County 

MO 763,200 

786 Interstate 35 

and 19th 

Street Interchange 

Kearney MO 5,500,000 

787 Jazz District 

Pedestrian 

Plaza at 18th 

& Vine 

Kansas City MO 6,000,000 

788 Kansas City 

Regional 

Zero Emission Electric 

Bus Program 

Kansas City MO 10,500,000 

6,000,000 

4,500,000 

789 Little Blue 

Trace—Rock 

Island Trail 

Connector 

Kansas City MO 500,000 

790 MM Highway 

Expansion 

from I–44 to 

US 60 

Republic MO 3,200,000 

791 MO 100: 

Bridge improvements 

over Cedar 

Creek Project 

involves 

A1848 

Osage County MO 917,600 

792 MO 100: Upgrade pedestrian facilities 

to comply 

with ADA 

Transition 

Plan and 

pavement resurfacing 

from Rte. 61 

to Big Bend 

Blvd, bridge 

replacement 

over Black 

Creek, signal 

replacement 

St. Louis MO 2,500,000 


ctelli on DSK11ZRN23PROD with BILLS
126 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

793 MO 127: 

Bridge rehabilitation over 

Basin Fork 

Creek 0.6 

mile south of 

Dove Road 

and 0.7 mile 

north of 

Chaney Road. 

Project involves bridge 

X0439 

Pettis County MO 786,400 

794 MO 13: Add 

turn lanes at 

the intersection of Rte. 

E 

Johnson 

County 

MO 425,600 

795 MO 13: Pavement improvements 

on the southbound lanes 

from SE 

1100 Road to 

NE 201 

Road 

St. Clair 

County 

MO 748,800 

796 MO 19: I–70 to 

Hermann add 

shoulders 

Montgomery 

County 

MO 880,000 

797 MO 23: Add 

turn lanes at 

the intersection of Rte. 

D 

Johnson 

County 

MO 395,200 

798 MO 254: Pavement improvements 

from Route 

64 to Route 

54 in Hermitage. 

Hermitage MO 440,000 

799 MO 38: Pavement resurfacing from 

Rte. J to 

west of Rte. 

CC. 

Webster 

County 

MO 676,800 


ctelli on DSK11ZRN23PROD with BILLS
127 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

800 MO 47: Engineering for 

pavement improvements 

from H to A. 

Troy and 

Hawk Point 

MO 925,600 

801 MO 7: Bridge 

Rehabilitation over 

Truman 

Lake. Project 

involves 

bridge A3465 

Benton 

County 

MO 96,000 

802 MO 89: Pavement improvements 

from Rte. 50 

to Rte. E 

Rte. 50 to 

Rte. E in 

Osage County 

MO 2,833,600 

803 MO94 Bridge 

over Treloar 

Creek Bridge 

Warren 

County 

MO 640,800 

804 North Baltimore (Business 63) Improvements 

Kirksville MO 955,294 

805 OR 70: Bridge 

replacement 

over Little 

Cedar Creek. 

Project involves bridge 

N0974 

Boone County MO 852,800 

806 Pavement improvements 

and add 

rumblestripes 

from I–44 

outer road to 

end of state 

maintenance, 

Rte. W from 

Rte. 7 to end 

of state 

maintenance, 

and Rte. O 

from Rte. 28 

to end of 

state maintenance. 

Pulaski 

County 

MO 2,656,000 


ctelli on DSK11ZRN23PROD with BILLS
128 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

807 Payment to St. 

Robert to add 

sidewalks and 

upgrade signalized intersection at St. 

Robert Boulevard in St. 

Robert 

St. Robert MO 547,200 

808 Raum Road 

Bridge Replacement 

Lawson MO 3,128,000 

809 Riverway Boulevard Reconstruction Riverside MO 3,200,000 

810 RT 18: Pavement improvements 

from Rte. Y 

to I–49 in 

Adrian and 

on Loop 49 

from Passaic 

to Rte. 52 in 

Butler. 

Adrian MO 1,586,400 

811 RT A: Bridge 

replacement 

over Enon 

Creek. 

Project involves bridge 

K0851 

Moniteau 

County 

MO 1,091,200 

812 RT A: Bridge 

replacement 

over Moreau 

Creek. 

Project involves R0235 

Cole County MO 545,600 

813 RT J: Bridge 

rehabilitation 

over Young 

Branch, 0.1 

mile south of 

217th Street 

and 0.4 mile 

northeast of 

Branic Drive 

in Peculiar. 

Project involves bridge 

A2331 

Peculiar MO 555,200 


ctelli on DSK11ZRN23PROD with BILLS
129 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

814 RT J: Bridge 

removal over 

the Niangua 

River. Project 

involves 

bridge S0391 

Camden 

County 

MO 204,800 

815 RT K: Pavement improvements 

from I–49 to 

County Road 

1800 near 

Nevada. 

Nevada MO 448,000 

816 RT PP: Pavement improvements 

from Route C 

in Roseland 

to Route 7 in 

Tightwad 

Roseland MO 453,600 

817 RT T: Pavement improvements 

and add 

rumblestripes 

from Rte. 52 

to Rte. 135 

and from 

Rte. 135 to 

the end of 

state maintenance 

Morgan 

County 

MO 3,020,000 

818 RT. K bridge 

replacement 

over Dry 

Fork Creek 

Bridge 

Montgomery 

County 

MO 965,600 

819 Study to determine base 

stability and 

flood resiliency near 

McKitrick 

McKittrick MO 80,000 

820 Updated study 

for RR overpass near 

High Hill 

High Hill MO 1,600,000 


ctelli on DSK11ZRN23PROD with BILLS
130 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

821 Upgrade pedestrian facilities 

to comply 

with the ADA 

Transition 

Plan on Rte. 

2 from 

Chisman 

Street to Rte. 

52 in Windsor and on 

Rte. Y from 

Rte. 52 to 

Wall Street 

in Windsor 

Windsor MO 140,800 

822 US 160: Pavement improvements 

from I–49 in 

Lamar 

Heights to 

County Road 

30th Lane 

east of 

Lamar. 

Lamar MO 609,600 

823 US 50: Reconstruct concrete pavement from 

Rte. EE to 

Independence 

Rd. 

Rte. EE to 

Independence 

Road in 

Franklin 

County 

MO 2,800,000 

824 US 50: Reconstruct pavement from 

Rte. Y to 

Rte. C 

Rte. Y to 

Rte. C in 

Franklin 

County 

MO 2,640,000 

825 US 54: Study 

for updated 

scope & estimate for 

shared 4–lane 

from Mexico 

to Louisiana 

Louisiana MO 800,000 

400,000 

400,000 

826 US60 and 

Route 125 

Interchange 

Rogersville MO 5,250,000 


ctelli on DSK11ZRN23PROD with BILLS
131 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

827 US65: Pavement improvements 

from the 

Osage River 

in Warsaw to 

0.4 mile 

south of Rte. 

MM. 

Warsaw MO 1,049,600 

828 West Florissant 

Avenue Great 

Streets 

Ferguson, 

Dellwood, 

and Jennings 

MO 10,000,000 

829 A/E Design for 

the Fixed 

Route Bus 

Stops 

Saipan MP 300,000 

830 Construction of 

Bus Transfer 

Stations at 

the Northern 

Marianas 

College, 

Paseo De 

Marianas and 

Kagman 

Saipan MP 900,000 

831 Construction of 

the Commonwealth Office 

of Transit 

Authority 

Covered Bus 

Parking Facility 

Saipan MP 3,000,000 

832 Design and 

Construction 

of the Rota 

Transit 

Maintenance 

Facility 

Rota MP 520,000 

833 Design and 

Construction 

of Tinian 

Transit 

Maintenance 

Facility 

Tinian MP 520,000 


ctelli on DSK11ZRN23PROD with BILLS
132 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

834 Procurement of 

Four (4) 

Rolling 

Stocks for 

Rota and 

Tinian Demand Responsive 

Services 

Rota and 

Tinian 

MP 480,000 

835 Route 10 

Drainage Improvements 

and Road 

Overlay 

Rota MP 2,000,000 

836 Route 205 

Road and 

Drainage Improvements 

Tinian MP 2,000,000 

837 Route 30 

(Chalan Pale 

Arnold) Safety Improvements 

Saipan MP 2,000,000 

838 Route 302 

(Naftan 

Road) Improvements 

Saipan MP 2,000,000 

839 Supply and Installation of 

187 Bus Stop 

Shelters 

Saipan MP 4,500,000 

840 Supply of Maintenance 

Equipment & 

Tools for the 

COTA Maintenance Facility 

Saipan MP 400,000 

841 Bulldog Way 

Extended Improvements 

Starkville MS 3,360,000 

842 Jackson Point 

Road Bridge 

Wilkinson 

County 

MS 4,000,000 

843 Mississippi 

Band of 

Choctaw Indians MultiRoad Overlay 

Project 

Choctaw MS 2,653,195 


ctelli on DSK11ZRN23PROD with BILLS
133 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

844 Morgantown 

Road Safety 

Improvements 

Natchez MS 2,400,000 

845 Bozeman Segment One— 

Reunion Access Network 

Madison MS 4,000,000 

846 Airport Boulevard Sidewalk Morrisville NC 208,000 

847 Atlantic & 

Yadkin 

Greenway, 

Phase 2 

Greensboro NC 6,400,000 

848 Avent Ferry 

Road Realignment 

Holly 

Springs 

NC 1,000,000 

849 B–5871 Replace Bridge 

no. 628 Over 

Lake Lure 

5250. Dam 

and Broad 

River 

Lake Lure NC 8,000,000 

850 Black Creek 

Greenway 

Cary NC 4,984,800 

851 Bryant Bridge 

North/Goose 

Creek West 

Trail 

Durham NC 2,320,000 

852 Bus Replacement Funding for Triangle Transit 

Systems 

Chapel Hill NC 8,000,000 

853 CATS Battery 

Electric Bus 

Fleet Transition 

Charlotte NC 8,000,000 

854 Downtown Pedestrian 

Bridge 

Rocky Mount NC 4,000,000 

855 Duke Beltline 

Trail 

Durham NC 7,726,000 

856 EB–5753 Baldwin Avenue 

Sidewalk 

Project 

Marion NC 349,600 


ctelli on DSK11ZRN23PROD with BILLS
134 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

857 Electric buses 

and charging 

infrastructure, City of 

Greensboro 

Greensboro NC 2,759,000 

858 Festival Street Cornelius NC 2,200,000 

859 Fuquay-Varina 

Townwide 

ITS/Signal 

System 

FuquayVarina NC 2,560,000 

860 GoRaleigh/ 

GoWake Coordinated 

ADA Paratransit Facility 

Raleigh NC 9,000,000 

861 Greenville 

Bridge Repair and Replacement 

Greenville NC 2,851,200 

862 Hanging Dog 

Bridge 

Murphy NC 1,676,000 

863 High Point 

Heritage 

Greenway— 

Phase 1 

High Point NC 4,000,000 

864 Jonathan Creek 

Safety 

Project 

Maggie Valley NC 160,000 

865 Military Cutoff 

Road (US 

17)/Eastwood 

Road (US 

74) Interchange 

(Drysdale 

Drive Extension) 

Wilmington NC 3,840,000 

866 N. Fork 

Coweeta 

Creek Bridge 

Replacement 

Otta NC 452,000 

867 Pender Street 

Pedestrian 

Improvement, 

Infrastructure Repair, 

and Resurfacing 

Wilson NC 8,400,000 

868 RIDE- Rural 

Microtransit 

Wilson NC 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
135 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

869 Silas Creek 

Parkway 

Sidewalk 

WinstonSalem NC 4,533,600 

870 South Tar 

River Greenway 

Greenville NC 1,775,000 

871 Streetlighting 

on High Injury Network 

Charlotte NC 8,000,000 

872 Transit Bus 

Stop Improvements 

Chapel Hill NC 900,000 

873 US 19/129 

Road Improvements 

Murphy NC 3,851,000 

874 US 74/NC 108 

Interchange 

Columbus NC 1,000,000 

875 Heartland Expressway 

Phase III 

Minatare NE 10,000,000 

876 Signal System 

Master Plan 

Accelerated 

Implementation 

Omaha NE 20,000,000 

877 US–275 Norfolk to Wisner Norfolk to 

Wisner 

NE 20,000,000 

878 Ashuelot-Trail 

Cheshire 

Trail (42511) 

Swanzey NH 1,200,000 

879 Bedford 

40664—U.S. 

3 Widening 

from Hawthorne Drive 

North to 

Manchester 

Airport Access Road 

Bedford NH 4,980,000 

880 Claremont 

Intersection 

Improvements 

(13428) 

Claremont NH 1,000,000 

881 Conway Phase 

II Pathway 

Conway NH 1,656,000 

882 Derry Rail 

Trail (Folsom 

Rd to Londonderry 

town line) 

Derry NH 792,000 


ctelli on DSK11ZRN23PROD with BILLS
136 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

883 George Street 

Bridge 

(40653) 

Keene NH 729,191 

884 Gorham Sidewalk (Route 

2 (Lancaster 

Rd)) 

Gorham NH 898,196 

885 Heritage Rail 

Trail East 

Nashua NH 1,200,000 

886 Littleton Sidewalk Project 

(41362) 

Littleton NH 710,159 

887 Loudon Intersection Improvements 

(40632) 

Loudon NH 2,347,256 

888 Malboro Street 

Cheshire Rail 

Trail (42515) 

Keene NH 681,123 

889 Maplewood Avenue Complete 

Streets 

Portsmouth NH 2,804,300 

890 Merrimack 

River Greenway 

Concord NH 1,584,800 

891 Multi-use Path 

Connecting 

Warner Village to Exit 9 

Business 

Area 

Warner NH 920,000 

892 NH 128 and 

Sherburne 

Road and 

Mammoth 

and 111A 

Pelham NH 1,240,000 

893 Pedestrian 

Bridge Crossing Granite 

Street 

Manchester NH 3,360,000 

894 Plymouth Sidewalk Project Plymouth NH 414,000 

895 Reconstruct 

Mechanic St / 

High St / 

Mascoma St 

Intersection 

(4094) 

Lebanon NH 2,400,000 

896 Rt 11 Safety 

and Capacity 

Improvements 

Rochester NH 5,664,000 


ctelli on DSK11ZRN23PROD with BILLS
137 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

897 Spruce Street 

Connector 

Nashua NH 1,000,000 

898 Trestle 

Bridge—Mill 

City Park 

Trail 

Franklin NH 1,200,000 

899 Waterville Valley Pedestrian Improvements Waterville 

Valley 

NH 948,110 

900 Whitefield Sidewalk Project Whitefield NH 396,704 

901 Berkshire Valley Road 

Truck Circulation 

Project 

Kenvil 

(Roxbury 

Township) 

NJ 2,000,000 

902 Bloomfield Avenue Roadway 

Improvements & 

Traffic Signal Modernization 

West 

Caldwell, 

Caldwell, 

North 

Caldwell, 

Verona, 

Montclair, 

Glen Ridge, 

Bloomfield, 

and Newark 

NJ 10,000,000 

5,000,000 

5,000,000 

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

904 Carteret Ferry 

Terminal 

Project 

Carteret NJ 5,625,000 

905 City of Passaic 

Pedestrian 

Greenway 

Project 

Passaic NJ 883,432 

906 Construction of 

Pedestrian 

Bridge on 

Columbia 

Trail (Relocation of 

Openaki 

Bridge 

Truss) 

Long Valley 

(Washington 

Township) 

NJ 1,000,000 

907 Cranford Station Rehabilitation Project Cranford NJ 1,120,000 


ctelli on DSK11ZRN23PROD with BILLS
138 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

908 Dennisville Petersburg 

Road (CR 

610) Resurfacing Improvements 

Dennis 

Township 

NJ 1,640,000 

909 Dunellen Bikeway and Pedestrian 

Safety Improvements 

Dunellen NJ 475,723 

910 East Orange 

Train Station 

East Orange NJ 800,000 

911 Enhanced 

Laydown 

Area for Offshore Wind 

Industry, 

Paulsboro 

Marine Terminal 

Paulsboro NJ 4,750,000 

912 Freehold’s 

Parking Improvement 

project 

Freehold 

Borough 

NJ 557,716 

913 Great Falls 

Gateway 

Phase II 

Paterson NJ 972,000 

914 Hackettstown 

Mobility Improvement 

Hackettstown NJ 4,712,000 

915 Hamilton Street 

Plaza Project 

Bound Brook NJ 1,760,000 

916 Hand Avenue 

(CR–658) 

Bridge Over 

Skeeter Island Creek 

Middle 

Township 

NJ 1,310,000 

917 Highlands Rail 

Trail Phase 

II 

Wanaque NJ 800,000 

918 Hudson County’s County 

Avenue Reconstruction 

Secaucus NJ 1,400,000 

919 Irvington Avenue Sidewalks and 

Streetscape 

Improvements 

South Orange NJ 2,750,000 


ctelli on DSK11ZRN23PROD with BILLS
139 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

920 Jackson Avenue/Riverside 

Avenue Improvements 

Project 

Rutherford NJ 250,000 

921 Kingsland Avenue Bridge 

Replacement 

Project 

Lyndhurst 

and Nutley 

NJ 5,000,000 

922 Koleda Park 

Improvement 

Project 

Middletown NJ 800,000 

923 Lackawanna 

Cut-off Culvert Relocation 

Byram NJ 1,600,000 

924 Lincoln Avenue 

Drainage Improvements 

Project 

Elizabeth NJ 2,080,000 

925 Long Branch 

Intermodal 

Station 

Project 

Long Branch NJ 13,000,000 

926 McBride Avenue Roundabout Project 

Woodland 

Park 

NJ 960,000 

927 Mercer County 

Bus Purchase 

West Trenton NJ 732,000 

928 Mercer County 

Electric Vehicles and Electric Vehicle 

Charging 

Stations 

Trenton NJ 454,500 

929 Mercer County 

Roadway 

Safety Improvements 

Mercer 

County 

NJ 640,000 

930 Newark Broad 

Street Signal 

Optimization 

Newark NJ 1,650,000 

931 North Broad 

Street Redevelopment 

Project 

Newark NJ 1,200,000 

932 Ocean Drive 

(CR621) Upgrades and 

Bridge Improvements 

Lower Township NJ 7,000,000 


ctelli on DSK11ZRN23PROD with BILLS
140 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

933 Parkside Neighborhood 

School and 

Pedestrian 

Traffic Safety 

Camden NJ 6,000,000 

934 Passaic Bus 

Terminal 

Canopy 

Passaic NJ 1,600,000 

935 Patriots Way 

Bridge Superstructure 

Replacement 

Oakland NJ 4,184,830 

936 Pedestrian 

Bridge at the 

Great Falls 

National Historical Park 

Paterson NJ 1,000,000 

937 Pedestrian Improvement 

for Metro 

Park 

Township of 

Woodbridge 

NJ 1,250,000 

938 Permanent 

Ferry Terminal Peninsula Project 

Bayonne NJ 4,321,600 

939 Pleasant Avenue & Park 

Avenue / Pedestrian & 

Vehicular 

Safety Improvements & 

Restoration 

Project 

Weehawken NJ 7,520,000 

940 Point Pleasant 

Beach Channel Drive 

ADA Compliance Upgrade 

and Surface 

Revitalization 

project 

Point Pleasant Beach 

Borough 

NJ 1,399,785 

941 Pompton River 

Rail Bridge 

(Pequannock 

Valley Pedestrian Trail) 

Substructure 

Repair 

Township of 

Pequannock, 

Morris County, and 

Township of 

Wayne, Passaic County 

NJ 1,500,000 


ctelli on DSK11ZRN23PROD with BILLS
141 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

942 Reconstruction 

of Pedestrian 

Bridges over 

Cole Drive 

(Bridgewater 

Train Station) 

Bridgewater NJ 1,280,000 

943 Replacement of 

Morris County Bridge 

1400–433 on 

Bloomfield 

Avenue over 

a Tributary 

to Passaic 

River in the 

Township of 

Montville, 

Morris County 

Montville/ 

Pine Brooke 

NJ 2,000,000 

944 Replacement of 

Morris County Bridge 

1400–935 on 

Lenape Island Road 

over Indian 

Lake in the 

Township of 

Denville, 

Morris County 

Denville NJ 1,000,000 

945 River Road 

Overpass 

West New 

York 

NJ 5,200,000 

946 River Road 

Subsurface 

Soil Stabilization 

Edgewater NJ 1,760,000 

947 Roadway Rehabilitation 

East Atlantic 

Avenue 

CR727 

Somerdale, 

Hi-Nella, 

Stratford 

NJ 1,500,000 

948 Roadway Rehabilitation 

Evesham 

Road, CR 

544 

Lawnside, 

Magnolia, 

Somerdale, 

Cherry Hill, 

Voorhees 

NJ 2,500,000 

949 Roadway Rehabilitation 

Haddon Ave. 

CR561 

Haddon 

Township, 

Collingswood 

NJ 3,000,000 


ctelli on DSK11ZRN23PROD with BILLS
142 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

950 Roadway Rehabilitation Red 

Bank Avenue 

CR644 

Woodbury NJ 1,765,000 

951 Route 202, 

First Avenue 

Intersection 

Improvements – 

Right of Way 

Acquisitions 

Raritan NJ 3,340,685 

952 Route 29 Tunnel Ventilation System Trenton NJ 2,400,000 

953 Route 33 

Bridge Over 

Millstone 

River 

Millstone 

Township 

NJ 3,640,000 

954 Route 35 

Bridge Over 

the North 

Branch of 

Wreck Pond 

Wall NJ 3,736,000 

955 Route 55/Route 

47 Interchange 

Millville NJ 9,250,000 

956 Seaside Heights 

Boardwalk 

Replacement 

Seaside 

Heights 

NJ 400,000 

957 Shaler Boulevard 

Streetscape 

Project 

Ridgefield NJ 250,000 

958 Skyline Drive 

Bicycle and 

Pedestrian 

Bridge 

Ringwood NJ 800,000 

959 South Orange 

Avenue 

Streetscape 

Improvement 

Project 

Newark NJ 4,000,000 


ctelli on DSK11ZRN23PROD with BILLS
143 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

960 Study & Engineering Design for the 

Rehabilitation or Replacement of 

Sussex County Bridge K03 in the 

Borough of 

Hopatcong 

Hopatcong NJ 2,360,000 

961 Sussex County 

Guide Rail 

Upgrade Program 

Frankford 

and Wantage 

NJ 1,000,000 

962 Sussex County 

Skylands 

Ride Capital 

Project 

Hamburg NJ 400,000 

963 Teaneck Pedestrian Overpass Replacement Teaneck NJ 4,000,000 

964 Tenafly Roadway Resurface & Improvements 

Borough of 

Tenafly 

NJ 1,545,000 

965 The County 

Road 539 

Overpass 

Project 

Plumstead NJ 8,000,000 

7,000,000 

1,000,000 

966 Traffic Signal 

Optimization/ 

Adaptive Signals Along 

McCarter 

Highway 

(Route 21) 

Newark NJ 1,600,000 

967 U.S. Route 

130/Delaware 

Avenue/Florence Columbus Road 

Intersection 

Improvements 

Florence 

Township 

NJ 17,320,000 


ctelli on DSK11ZRN23PROD with BILLS
144 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

968 Union County 

Structurally 

Deficient 

Bridge Initiative – Allen 

Ave. Bridge, 

Township of 

Union 

Union Township NJ 400,000 

969 Union County 

Structurally 

Deficient 

Bridge Initiative – 

Faitoute Ave. 

Bridge, Kenilworth 

Kenilworth NJ 600,000 

970 Union County 

Structurally 

Deficient 

Bridge Initiative—High 

Street Bridge 

Summit NJ 600,000 

971 Union County 

Structurally 

Deficient 

Bridge Initiative – Oakland Place 

Bridge 

Summit NJ 760,000 

972 Union County 

Structurally 

Deficient 

Bridge Initiative – Pine 

Grove Avenue 

Bridge 

Summit NJ 800,000 

973 Union County 

Structurally 

Deficient 

Bridge Initiative – 

Shunpike 

Road Bridge 

Summit NJ 600,000 

974 Union County 

Structurally 

Deficient 

Bridge Initiative—Spring 

Garden 

Bridge, 

Cranford 

Cranford NJ 800,000 


ctelli on DSK11ZRN23PROD with BILLS
145 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

975 West County 

Drive (CR 

646) Extension 

Township of 

Branchburg 

NJ 6,493,600 

976 West Milford 

Bikeway Connector 

Project 

West Milford NJ 536,000 

977 Willingboro EV 

Charging 

Stations 

Willingboro NJ 800,000 

978 Woodbine Bikeway and 

Trailhead Improvements 

Borough of 

Woodbine 

NJ 800,000 

979 Arroyo De Los 

Chamisos 

Crossing 

Santa Fe NM 4,900,000 

980 Coal Avenue 

Commons 

‘‘Event 

Street’’ 

Gallup NM 3,500,000 

981 County Road 

43—Superman Canyon 

Bridges 

McKinley 

County— 

Churchrock 

Chapter 

NM 4,500,000 

982 Foothills Drive 

Enhancement 

Phase III 

Farmington NM 1,324,800 

983 Kilgore Street 

Improvements 

Portales NM 2,079,000 

984 Rio Lucero 

Road Improvement 

Project 

Taos Pueblo NM 3,048,910 

985 Wild Rose Road 

(Route 

#670) and 

Pedestrian 

Improvement 

Project 

Santa Clara 

Pueblo 

NM 618,000 

986 Arlington Avenue Bridges 

Project 

Reno NV 6,000,000 

987 Charleston Boulevard Underpass Las Vegas NV 7,000,000 

988 Charleston 

Park Avenue 

Reconstruction Project 

Pahrump NV 1,552,079 


ctelli on DSK11ZRN23PROD with BILLS
146 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

989 Coleman Road 

Expansion 

Fallon NV 5,000,000 

990 Hydrogen Fuel 

Cell Bus and 

Fuel Site 

Project 

Reno NV 5,240,000 

991 I–15 South 

Package 2— 

Sloan to Blue 

Diamond 

Las Vegas NV 5,000,000 

992 Maryland Parkway Bus 

Rapid Transit Zero 

Emission 

Fleet 

Las Vegas NV 5,000,000 

993 North Las 

Vegas Street 

Light Conversion 

North Las 

Vegas 

NV 12,000,000 

994 Rancho Drive 

Complete 

Streets Improvements 

Las Vegas NV 3,000,000 

995 SR28 Central 

Corridor 

Sand Harbor 

to Spooner— 

Secret Harbor to Skunk 

Harbor Trail, 

Parking and 

Safety Improvements 

Carson City NV 1,760,000 

996 William Street 

Complete 

Streets 

Project 

Carson City NV 2,000,000 

997 ADA: Classon 

Ave / Crosstown Line (G 

Train) 

Brooklyn NY 5,000,000 

998 ADA: Forest 

Hills Platform Extensions & Elevators 

Queens NY 16,910,000 

999 ADA: 

ParkchesterE.177 St / 

Pelham Line 

(6 Train) 

Bronx NY 15,000,000 


ctelli on DSK11ZRN23PROD with BILLS
147 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1000 Asharoken Avenue Northport NY 800,000 

1001 Bannister Creek 

Bridge Rehabilitation 

Lawrence NY 4,940,000 

1002 Basher Pedestrian Bridge 

Rehabilitation 

Tarrytown NY 494,400 

1003 Bayville Bridge Bayville NY 14,489,446 

1004 Bridge Repair/ 

Safety Assurance, Westchester County 

Tarrytown NY 1,096,395 

1005 Bridge Replacement of 

CR46 (William Floyd 

Parkway) 

over Narrow 

Bay 

Brookhaven NY 7,200,000 

1006 Broadway 

Junction Improvements 

Phase 1, 

Brooklyn, 

NY, 8th Congressional 

District 

Brooklyn NY 8,000,000 

1007 City of Poughkeepsie Market Street 

Connectivity 

Project 

Poughkeepsie NY 2,400,000 

1008 Concrete Pavement Rehabilitation I– 

495 

Brookhaven NY 7,998,048 

1009 County Route 

7&8—RTE 

299 Roadway 

Repaving 

Towns of 

New Paltz 

and Gardiner 

NY 3,600,000 

1010 Craig Street 

Corridor 

Project 

Schenectady NY 2,700,000 


ctelli on DSK11ZRN23PROD with BILLS
148 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1011 Del Valle 

Square/ 

Crames 

Square Traffic, Safety, 

and Plaza 

Improvements 

Bronx NY 4,870,000 

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

1013 Electric Bus 

Charging Facility 

Rochester NY 800,000 

1014 Elmwood Avenue Multiuse 

Corridor Improvement 

Rochester NY 8,596,000 

1015 Griswold Road 

over Murder 

Creek Bridge 

Replacement 

Darien NY 1,203,200 

1016 Half Moon Bay 

Bridge Reconstruction 

Project 

Croton-onHudson NY 1,500,000 

1017 Heritage Trail 

Extension: 

Hartley Road 

to Downtown 

Middletown 

(Segment 2) 

Town of Goshen NY 500,000 

1018 High Line Connections— 

Hudson River 

Park / Javits 

Center Connection 

New York NY 5,000,000 

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

1020 Highway and 

Pedestrian 

Safety Infrastructure Improvements 

Kiryas Joel NY 1,380,000 

1021 Highway Improvements 

to the Interval Avenue 

Area, Farmingdale 

Oyster Bay NY 1,000,000 


ctelli on DSK11ZRN23PROD with BILLS
149 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1022 Hudson Highlands Fjord 

Trail 

Beacon NY 4,350,000 

1023 Hudson Line 

Tunnels 

Peekskill NY 4,550,000 

1024 I–84/Route 9D 

Connectivity 

(BeaconFishkill) 

Beacon and 

Town of 

Fishkill 

NY 400,000 

1025 Improvements 

to East Lincoln Avenue, 

Riverdale 

Avnenue and 

Pirates Cove, 

Massapequa 

Oyster Bay NY 1,000,000 

1026 Inner Loop 

North Transformation 

Project 

Rochester NY 4,000,000 

1027 Lake St. Bridge 

Project 

Newburgh NY 1,750,000 

1028 Lake to Lake 

Road Bridge 

Replacement 

Town of Gorham NY 1,464,000 

1029 Level 2 EV 

Charging 

Network in 

NYCDOT 

Municipal 

Parking Facilities 

Queens NY 734,400 

1030 Little Bay Park 

Promenade 

Bayside NY 1,000,000 

1031 Long Beach 

Road Improvements, 

South Hempstead, NY 

Rockville 

Centre 

NY 4,780,000 

1032 Multi-Modal 

Phase I/Pedestrian Connector 

Project 

Amsterdam NY 4,500,000 

1033 Newburgh 

Ferry Landing Pier 

Newburgh NY 4,000,000 

1034 Northport 

Flooding on 

Main St. 

Northport NY 1,392,000 


ctelli on DSK11ZRN23PROD with BILLS
150 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1035 Northwest 

Bronx School 

Safety Improvement 

Project 

Bronx NY 2,331,000 

1036 NY 146 and 

NY146A Bicycle & Pedestrian Access Improvements 

Clifton Park NY 1,055,000 

1037 NYS Route 133 

Bike Lane 

Ossining NY 1,500,000 

1038 Onondaga Lake 

Canalways 

Trail—Salina 

Extension 

Project 

Syracuse NY 8,000,000 

1039 OrangeDutchess 

Transportation Access 

and Mobility 

Study 

Goshen NY 400,000 

1040 Outer Harbor 

Multi-Use 

Trails 

Buffalo NY 2,000,000 

1041 Park Ave—Ingersoll 

Houses Safety Improvements 

Brooklyn NY 1,942,000 

1042 Perry Road 

(CR 64) 

Highway Rehabilitation 

Mt. Morris NY 1,440,000 

1043 Phase 1 of the 

New York 

State Route 

38 – State 

Street Pavement Preservation 

Project 

Auburn NY 2,778,400 

1044 Preventative 

Maintenance 

Pavement 

from Route 

67/Route 10 

Ephratah to 

Johnstown 

City Line 

Town of 

Johnstown & 

Ephratah 

NY 3,394,752 


ctelli on DSK11ZRN23PROD with BILLS
151 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1045 Purchase of 

Eight Electric Buses for 

Use in 

Emerging 

Markets – 

Montgomery 

County 

Albany NY 6,000,000 

1046 Putnam County’s Donald 

B. Smith 

Transit Hub 

Carmel NY 1,500,000 

1047 Rapids Road 

Highway Improvements 

Lockport NY 4,000,000 

1048 Reconstruction 

of Osborne 

Street 

Auburn NY 4,407,200 

1049 Reconstruction 

of the Intersection of Rt 

7, Rt 23 and 

Maple St in 

Oneonta into 

Roundabout 

Configuration 

Oneonta NY 3,200,000 

1050 Replacement of 

the Bridge 

Street Bridge 

over 

Schoharie 

Creek 

Schoharie NY 6,254,400 

1051 Restoration of 

Van 

Cortlandt 

Manor Entrance Road 

Project 

Croton-onHudson NY 600,000 

1052 Riverside Drive 

Pedestrian 

Mall 

New York NY 2,400,000 

1053 Rose Road over 

Bowen Creek 

Bridge Replacement 

Batavia NY 1,033,600 

1054 Route 104 

Intersection 

Improvement 

Project 

Ontario NY 1,254,400 


ctelli on DSK11ZRN23PROD with BILLS
152 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1055 Route 2 MultiModal 

Connectivity 

Project 

Troy NY 5,700,000 

1056 Route 28/South 

Inlet Lake 

Town of 

Arietta 

NY 6,621,248 

1057 Route 31 Improvement 

Project 

Wayne County NY 2,970,400 

1058 RT 12E/ 

Chaumont 

River 

Village of 

Chaumont 

NY 9,984,000 

1059 Safe and Accessible Midtown 

Kingston 

Kingston NY 6,053,818 

1060 Safe Passage 

for CRCS 

Students 

Cuba NY 1,472,000 

1061 Safe Routes to 

SchoolBronx 

(HWCSCH4D) 

Bronx NY 1,682,000 

1062 Safe Routes to 

School— 

Manhattan 

(HWCSCHMN) 

New York NY 3,643,000 

1063 Safe Routes to 

Transit 86th 

Street 

Brooklyn NY 2,516,000 

1064 Sands Point 

Preserve 

Bridge 

Village of 

Sands Point 

NY 1,784,000 

1065 Sharp Road 

(CR 181) 

over Spring 

Brook Bridge 

Replacement 

Concord NY 1,400,000 

1066 Shoreline Trail Lackawanna 

and Hamburg 

NY 2,000,000 

1067 Southeast 

Queens 

Flooding Relief 

Queens NY 3,859,000 

1068 Street Restoration in 

Brooklyn— 

Hancock St, 

Bushwick 

Ave, Hill St, 

E 80th St 

Brooklyn NY 4,884,000 


ctelli on DSK11ZRN23PROD with BILLS
153 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1069 The Maiden 

Lane Rehabilitation 

Project 

Greece NY 6,604,000 

1070 The New Rochelle LINC 

Project 

New Rochelle NY 13,000,000 

1071 The Riverline Buffalo NY 10,500,000 

1072 Twin Cities 

Highway 

Complete 

Streets 

Tonawanda 

and North 

Tonawanda 

NY 500,000 

1073 Ulster County 

Electric Bus 

Charging Infrastructure 

Kingston NY 800,000 

1074 Union Turnpike 

Center Median Replacement 

Queens NY 2,355,200 

1075 Van Wyck Expressway Access Improvement to John 

F. Kennedy 

Airport 

Queens NY 16,141,000 

1076 Victor Traffic 

Mitigation 

Project 

Victor NY 9,920,000 

1077 Village of 

Ossining 

Route 9 Road 

Diet Project 

Ossining NY 1,000,000 

1078 Water Street 

Rejuvenation 

Project 

Elmira NY 1,289,400 

1079 West Broadway 

Rehabilitation 

Woodmere to 

Cedarhurst 

NY 9,670,000 

1080 West Lake 

Road (CR 3) 

Preventative 

Maintenance 

Perry NY 931,478 

1081 Williams Bridge 

Station Renewal 

Bronx NY 14,675,000 

1082 Yonkers Greenway Yonkers NY 1,791,600 

1083 11th Street Reconstruction 

Project 

Canton OH 1,500,000 


ctelli on DSK11ZRN23PROD with BILLS
154 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1084 Arlington Road 

Corridor 

Green OH 5,578,551 

1085 Bagley Road 

Reconstruction 

North 

Ridgeville 

OH 1,500,000 

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

1087 Cherry Rd 

Bridges Rehabilitation 

Massillon OH 1,480,000 

1088 CLE CR 3 – 

Aicholtz 

Road Roundabouts 

Cincinnati OH 2,000,000 

1089 CLE SR32– 

2.33 – CLE 

CR55 Overpass 

Batavia OH 1,500,000 

1090 Cleveland Avenue 

Multimodal 

Facility 

Project 

Westerville OH 800,000 

1091 Columbia 

Road—I–90 

Interchange 

Westlake OH 1,900,000 

1092 E. Main Street 

(SR153) & 

Nickel Plate 

Intersection 

Improvement 

Louisville OH 1,200,000 

1093 East Dayton 

Rails-toTrails (Flight 

Line) 

Dayton OH 2,000,000 

1094 Easton Street/ 

GlenOak HS 

Intersection 

Improvements 

Canton OH 575,000 

1095 Electric Trolley 

Power Distribution System 

Dayton OH 3,600,000 

1096 French Creek 

Greenway 

Phase 1 

Avon OH 595,637 

1097 Gaysport 

Bridge Replacement 

Project 

Philo OH 3,000,000 

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

4,320,000 


ctelli on DSK11ZRN23PROD with BILLS
155 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

4,320,000 

1099 Hydrogen Infrastructure 

Tank Increase 

Canton OH 1,000,000 

1100 Interchange 

Construction 

Project on I– 

71 at 

Sunbury 

Parkway 

Sunbury OH 3,000,000 

1101 Kungle Road 

Culvert Replacement 

Norton OH 308,000 

1102 LUC IR 475 @ 

US 20A 

Interchange 

Lucas County OH 10,000,000 

1103 Main Street 

Corridor Improvement 

Plan 

Mansfield OH 2,000,000 

1104 Miller Road— 

I77 Interchange 

Brecksville OH 12,000,000 

1105 Olmsted Falls 

Columbia Rd. 

Olmsted 

Falls 

OH 1,900,000 

1106 Pearl Road 

Brunswick 

Brunswick OH 2,718,700 

1107 Pearl Road Improvements Brunswick OH 1,500,000 

1108 River Styx 

Road/SR 162 

Intersection 

Roundabout 

Montville 

Township 

OH 3,200,000 

1109 Sprague Road 

Widening 

Parma 

Parma OH 800,000 

1110 SR283 Capacity 

Improvements 

Mentor OH 3,148,000 

1111 Stark County 

CR–224 

North Canton OH 350,000 

1112 State Route 13 

Relocation 

Mount 

Vernon 

OH 1,900,405 

1113 State Route 

254 & State 

Route 83 

Intersection 

Improvement 

Avon OH 1,500,000 

1114 Study and Design of ATB 

531 

Ashtabula OH 2,400,000 


ctelli on DSK11ZRN23PROD with BILLS
156 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1115 The Point 

Intersection—US 36/ 

SR 37 

Delaware OH 4,000,000 

1116 Thornwood 

Crossing 

Project 

Newark OH 5,000,000 

1117 U.S. Route 

30—East 

Canton Expansion 

East Canton OH 1,500,000 

1118 US–422 Harper 

Road Interchange 

Solon OH 2,414,288 

1119 W. Tuscarawas 

Street Safety 

Corridor 

Project 

Canton OH 1,000,000 

1120 Wadsworth 

Streetscape 

Wadsworth OH 2,500,000 

1121 Wayne CR–30 

Resurfacing 

project 

Wooster OH 1,219,962 

1122 West Creek 

Greenway 

Parma OH 2,720,000 

1123 Western Hills 

Viaduct Replacement 

Project 

Cincinnati OH 15,000,000 

1124 Bobcat Way: 

Transformation of 

Fairview Avenue 

Grandview 

Heights 

OH 1,000,000 

1125 Broad Street 

and James 

Road Intersection 

Columbus OH 1,000,000 

1126 Cherry Bottom 

Road Emergency Stabilization 

Gahanna OH 860,000 

1127 City of Akron— 

North Main 

Street Complete Streets 

Project 

Akron OH 4,000,000 


ctelli on DSK11ZRN23PROD with BILLS
157 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1128 Cleveland Hopkins Airport 

Master Plan 

Interstate Access Improvement Project 

Cleveland OH 2,000,000 

1129 Cuyahoga 

Falls—Gorge 

Terrace 

Street Transformation 

Project 

City of Cuyahoga Falls OH 7,200,000 

1130 Eastgate— 

State Route 

46 and Warren-Sharon 

Road Intersection Safety 

Improvements 

Howland 

Township 

OH 4,000,000 

1131 Ferris Road 

Corridor 

Columbus OH 2,000,000 

1132 Hiawatha Park 

Drive Urban 

Greenway 

Columbus OH 1,000,000 

1133 Hudson Street 

and Greenway Trail 

Columbus OH 1,000,000 

1134 Jackson Street/ 

Civic Center 

Mall Corridor-Lucas 

County 

Toledo OH 4,000,000 

1135 Life and Safety 

Facility Upgrades, 

TARTA 

M&O Facility 

Toledo OH 4,000,000 

1136 Lorain County 

Lakefront 

Connectivity 

Project 

Lorain Ohio OH 4,000,000 

1137 Mahoning Avenue Industrial Corridor 

Upgrade 

Jackson 

Township 

OH 4,000,000 


ctelli on DSK11ZRN23PROD with BILLS
158 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1138 Multimodal 

Lakefront 

Access, Cuyahoga County, 

Ohio 

City of Cleveland Boundary, including Bay Village, Rocky 

River, and 

Lakewood 

OH 2,000,000 

1139 Operation 

Safewalks – 

Refugee Road 

Columbus OH 2,000,000 

1140 Reynoldsburg 

East Main 

Phase II 

Reynoldsburg OH 1,585,000 

1141 Reynoldsburg 

Park & Ride 

Reynoldsburg OH 500,000 

1142 Rickenbacker 

Area Access—Northbound Bridge 

Project 

Columbus OH 5,000,000 

1143 Rickenbacker 

Area Mobility 

Center 

(RAMC) 

Columbus OH 3,000,000 

1144 Sandusky Bay 

Pathway 

Sandusky OH 4,000,000 

1145 Bridges on 

Interstate 35 

at Interchanges between Memorial and 2nd 

Street 

Edmond OK 10,000,000 

1146 I–35 Widening 

in Love 

County 

Love County OK 17,120,000 

1147 I35/I240 Interchange Oklahoma 

City 

OK 10,000,000 

1148 I–40 and Exit 

65 in Clinton 

Clinton OK 3,250,000 

1149 S.E. 29th 

Street Bridge 

Replacement 

& Repair 

Project 

Midwest City OK 2,880,000 

1150 SH30 from 

SH33 N. 2 

miles in 

Roger Mills 

Co 

Durham OK 2,000,000 


ctelli on DSK11ZRN23PROD with BILLS
159 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1151 SH–33 from 

Blaine County line east to 

SH–74 

Kingfisher OK 3,250,000 

1152 US–270 between 

Watonga and 

Seiling 

Watonga OK 3,250,000 

1153 US–287 from 

Boise City 

north to Colorado (Portsto-Plains 

Corridor) 

Boise City OK 3,250,000 

1154 181st Safety 

Improvements 

Gresham OR 4,000,000 

1155 82nd Avenue 

Safety 

Projects 

Portland OR 5,000,000 

1156 Albany Transit 

Operations 

Facility 

Albany OR 1,563,978 

1157 Beaverton 

Downtown 

Loop: Phase 

1 Improvements 

Beaverton OR 4,000,000 

1158 Benton Area 

Transit Vehicle Replacement 

Corvallis OR 528,000 

1159 Corvallis Area 

Pedestrian 

Crossing Improvements 

Corvallis OR 880,000 

1160 Georgia Pacific 

Mill Site 

Rail-Served 

Marine Terminal 

Coos Bay OR 4,500,000 

1161 I–5: AuroraDonald Interchange Improvement 

Project 

Aurora OR 20,000,000 

1162 Libby Lane Repaving Coos Bay OR 486,400 

1163 LTD Electric 

Bus Replacement 

Eugene OR 1,844,322 


ctelli on DSK11ZRN23PROD with BILLS
160 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1164 Main Avenue/ 

OR 104 Pedestrian 

Route 

Warrenton OR 1,360,000 

1165 NW Circle Boulevard Reconstruction/Rehabilitation Corvallis OR 2,800,000 

1166 OR18: 

NewbergDundee Bypass Phase 2 

(OR219 Section) 

Newberg OR 8,000,000 

1167 River Road— 

Santa Clara 

Bicycle and 

Pedestrian 

Bridge 

Eugene OR 1,500,000 

1168 Rose Lane / 

High Crash 

Corridor – 

Smart Tech 

and Safety 

Improvements – 

122nd 

Portland OR 5,000,000 

1169 Safety and 

Smart Technology Investments: 

Central City, 

Broadway 

Portland OR 4,000,000 

2,000,000 

2,000,000 

1170 Siuslaw River 

Bridge Pedestrian and 

Bicycle Improvement 

Project 

Florence OR 897,300 

1171 Territorial 

Highway Reconstruction 

Phase 3 

Lane County OR 5,000,000 

1172 TriMet Zero 

Emission Bus 

Infrastructure 

Portland OR 4,000,000 


ctelli on DSK11ZRN23PROD with BILLS
161 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1173 Tualatin Valley 

Highway 

Safety Improvements 

Cornelius, 

Hillsboro, 

unincorporated 

Washington 

County 

OR 4,000,000 

1174 Amtran Bus 

Replacement 

Altoona PA 900,000 

1175 Asset Management Phase 1 Washington/ 

North 

Branch/ 

Forkston 

Townships 

PA 2,800,000 

1176 Bradford Bypass Bradford PA 5,680,000 

1177 Bristol Station 

Improvements 

Bristol PA 5,000,000 

1178 Cambria County Transit 

Authority 

(CamTran) 

Bus Replacements 

Johnstown PA 6,160,000 

1179 Crawford Avenue Bridge 

Rehabilitation 

Connellsville PA 5,682,180 

1180 East Washington Road 

(PennDOT 

ID 91768) 

New Castle PA 3,116,000 

1181 East Washington Street 

Bridge 

(PennDOT 

ID 100743) 

New Castle PA 1,400,000 

1182 Johnstown 

Mainstreet 

Greenway & 

Urban 

Connectivity 

Improvements 

Johnstown PA 1,500,000 

1183 Laurel Valley 

Transportation Improvement 

Project SR 

130 to Arnold Palmer 

Airport 

Mt Pleasant 

and Unity 

Townships 

PA 5,000,000 


ctelli on DSK11ZRN23PROD with BILLS
162 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1184 Lower State 

Road Grade 

Crossing 

Safety Improvements 

Philadelphia PA 1,200,000 

1185 Marsh Creek 

Greenway 

Wellsboro PA 5,000,000 

1186 PA Route 26 

Jacksonville 

Road Betterment 

Bellefonte PA 5,000,000 

1187 PA Turnpike / 

I–95 Interchange 

Project, Section C 

Bensalem PA 5,000,000 

1188 PA Turnpike / 

I–95 Interchange 

Project, Section D30 

Bensalem PA 5,000,000 

1189 Purchase of 8 

Microtransit 

Vans 

State College PA 416,000 

1190 Route 61 Revitalization Schuykill 

County 

PA 15,200,000 

1191 Sassafras Street 

Extension 

Pedestrian 

Bridge 

Erie PA 4,400,000 

1192 SR 1001 

Farrandsville 

Road Improvements 

Woodward 

Township 

and Lock 

Haven 

PA 1,200,000 

1193 SR 104 over 

Mahantango 

Creek 

Chapman 

Township 

PA 1,000,000 

1194 SR2027 Speers 

Bridge Replacement 

over I–70 

Speers Borough PA 5,672,564 

1195 SR87 ov Kettle 

Creek 

Hillsgrove 

Township 

PA 1,040,000 

1196 State Route 68 

Corridor Improvements 

Butler PA 6,630,000 

1197 US 422 Bypass 

Phase 2 

Butler, 

Connoquenessing, and 

Franklin 

Townships 

PA 2,454,000 


ctelli on DSK11ZRN23PROD with BILLS
163 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1198 US 6: Reynolds 

St – Baldwin 

St Ext 

(Route 6 

Highway Reconstruction) 

Meadville PA 2,000,000 

1199 US Business 

Route 322 

(State Route 

3014) Atherton Street 

Section 153 

Drainage/Repaving 

Project 

State College PA 5,550,000 

1200 Warrensville 

Road Slide 

Rehabilitation 

Williamsport PA 3,360,000 

1201 Waynesburg 

Betterment 

Waynesburg 

Borough & 

Franking 

Township 

PA 8,000,000 

1202 69th Street 

Transportation Center 

Master Plan 

Upper Darby PA 1,600,000 

1203 Blakely Borough Main 

Street Corridor Improvement 

Project 

Blakely Borough, 

Lackwanna 

County 

PA 1,497,417 

1204 Bridge Replacement 209 & 

33 NB over 

Appenzell 

Creek 

Hamilton 

Township 

PA 2,000,000 

1205 Bushkill Creek 

Bridge Replacements 

(2) Carrying 

State Route 

33 

Easton PA 4,000,000 

1206 Carnegie Station Improvement and 

Park and 

Ride Expansion 

Carnegie PA 9,699,200 


ctelli on DSK11ZRN23PROD with BILLS
164 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1207 Castor Ave 

Complete 

Street 

Philadelphia PA 3,000,000 

1208 Cementon 

Bridge Replacement 

carrying 

State Route 

329 over the 

Lehigh River 

Whitehall, 

Northampton 

PA 10,000,000 

1209 Chestnut Street 

Pedestrian 

Safety Islands 

Philadelphia PA 3,000,000 

1210 Cobbs Creek 

Parkway 

Multimodal 

Safety Improvements: 

Larchwood 

Avenue to 

67th St. 

Philadelphia PA 2,000,000 

1,200,000 

800,000 

1211 County of 

Lackawanna 

Transit System Transit 

Facility Renovation 

Scranton PA 5,000,000 

1212 Crestwood 

Drive Resurfacing 

Project 

Wright 

Township, 

Luzerne 

County 

PA 1,200,000 

1213 Critical Pedestrian Connections – Public 

Steps Reconstruction 

Pittsburgh PA 5,000,000 

1214 Cross County 

Trail – Germantown 

Pike Crossing 

and Extension 

Plymouth 

Township 

PA 4,840,000 

1215 Erie Station 

(Broad Street 

Line) Accessibility Improvements 

Philadelphia PA 7,200,000 

3,600,000 

3,600,000 


ctelli on DSK11ZRN23PROD with BILLS
165 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1216 Exton Station 

Intermodal 

Connectivity 

Exton PA 4,800,000 

1217 Frankford 

Creek Greenway: Adams 

Avenue to 

Bristol Street 

Philadelphia PA 2,000,000 

1218 Franklin 

Square Pedestrian and 

Bicycle Improvement— 

7th and Race 

Specific 

Philadelphia PA 240,000 

1219 Hazleton Buses 

and Bus Infrastructure 

Hazleton PA 1,500,000 

1220 Hill District 

Corridor Enhancements 

Pittsburgh PA 6,000,000 

1221 Improvements 

to Boulevard 

of the Allies 

Pittsburgh PA 5,000,000 

1222 Kittanning Pike 

Flood Control 

O’Hara 

Township 

PA 2,200,000 

1223 Lower 

Demunds 

Road Resurfacing 

Project 

Dallas Township, Luzerne 

County 

PA 1,200,000 

1224 Main Street 

Grade Crossing in Darby 

Borough 

Darby Borough PA 1,000,000 

1225 Mantua Neighborhood 

Traffic Safety Project 

(34th St.) 

Philadelphia PA 4,000,000 

1226 Marcus Hook 

Regional Rail 

Station Accessibility Improvements 

Marcus Hook PA 11,250,000 

1227 Market Place 

District Improvements 

Project 

Moon Township PA 3,100,800 

1228 McKees Rocks 

Bridge 

McKees 

Rocks 

PA 5,000,000 


ctelli on DSK11ZRN23PROD with BILLS
166 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1229 McKeesport— 

Duquesne 

Bridge Preservation 

McKeesport PA 4,000,000 

1230 PA 12 West 

Resurface422 

Wyomissing 

Borough 

PA 4,000,000 

1231 Parkside Avenue – Safe 

Access to 

Parks 

Philadelphia PA 4,000,000 

1232 Penn Center 

Transit Gateway 

Philadelphia PA 3,975,000 

1233 PHL Airport 

Bike Lanes 

Philadelphia PA 3,000,000 

1234 Replacement of 

SR 590 

Bridge over 

Branch of 

Ariel Creek 

Salem Township, Wayne 

County 

PA 560,000 

1235 Replacement of 

SR 590 

Bridge over 

Inlet to Finn 

Swamp 

Paupack 

Township, 

Wayne County 

PA 432,000 

1236 Roosevelt Boulevard Intersection Improvements 

Philadelphia PA 1,960,000 

1237 Schuylkill Avenue Bridge Reading PA 4,904,036 

1238 Second Street 

Signal Optimization (Lehigh Ave to 

Callowhill St) 

Philadelphia PA 2,400,000 

1239 SEPTA Platform Rehabilitation 

Project at 

PHL 

Philadelphia PA 1,205,000 

1240 Sleepy Hollow 

Road Bridge 

Replacement 

Butler Township, Luzerne 

County 

PA 1,200,000 

1241 South Henderson Road 

Widening 

Upper 

Merion 

PA 5,000,000 

1242 SR 29 & SR 

113 Intersection Improvements 

Perkiomen 

Township 

PA 3,676,512 


ctelli on DSK11ZRN23PROD with BILLS
167 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1243 SR 4004—Park 

Ave, 

Eagleville 

Road, 

Crawford 

Road Intersection Realignment 

Project 

Audubon PA 4,745,604 

1244 State Route 

115 Corridor 

Improvements Effort 

Chestnuthill 

Township, 

Monroe 

County 

PA 4,000,000 

1245 State Route 

590 Paving 

Project 

Lackawaxen 

Township, 

Pike County 

PA 2,400,000 

1246 State Route 

652 Resurfacing 

Project 

Berlin Township, Wayne 

County 

PA 1,008,000 

1247 Tilghman 

Street and 

State Route 

309 Interchange Reconstruction 

South Whitehall Township 

PA 4,000,000 

1248 Upper Darby 

Walnut 

Street 

Multimodal 

Connectivity 

Project 

Upper Darby PA 745,000 

1249 US 222 Hard 

Shoulder 

Wyomissing 

Borough 

PA 5,000,000 

1250 PRHTA-01 

Lajas to San 

German 

Lajas PR 5,000,000 

1251 PRHTA-02 

Gurabo 

Gurabo PR 4,800,000 

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

1253 East Main 

Road – 

Union Avenue to Sandy 

Point Avenue 

Safe SharedUse Path 

Portsmouth RI 240,000 

1254 Hope and Main 

Street Sidewalks 

Bristol and 

Warren 

RI 8,000,000 


ctelli on DSK11ZRN23PROD with BILLS
168 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1255 Pawtucket Avenue Veteran’s 

Memorial 

Parkway to 

Waterman 

Avenue 

East Providence RI 5,600,000 

1256 Post Road and 

Old Post 

Road Improvements 

Westerly, 

Charlestown 

RI 10,400,000 

1257 Route 2, Bald 

Hill Road, 

and New 

London Avenue Improvements 

Warwick/ 

Cranston 

RI 4,000,000 

1258 RT–114, 

Wampanoag 

Trail (East 

Shore Expressway to 

Federal 

Road) 

Barrington 

and East 

Providence 

RI 5,920,000 

1259 Trestle Trail— 

West Section 

Coventry RI 4,400,000 

1260 I 26/ 526 Interchange North 

Charleston 

SC 20,000,000 

1261 SC–126 Belvedere Clearwater Road 

Widening 

Clearwater SC 13,069,695 

1262 Corridor Improvement at 

Old State 

Road (US 

21/176) from 

Savany Hunt 

Creek Road 

(S–86) to Old 

Sandy Run 

Road (S–31) 

Calhoun 

County 

SC 1,100,000 

1263 Intersection Improvement at 

Old State 

Road (US 

21/176) and 

Savany Hunt 

Creek Road 

(S–86) 

Gaston SC 1,100,000 


ctelli on DSK11ZRN23PROD with BILLS
169 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1264 Santee Wateree 

Regional 

Transportation #2022 

Sumter SC 2,000,000 

1265 Sumter Manning Avenue 

Bridge 

Multimodal 

Enhancements 

Sumter SC 4,000,000 

1266 US 21/178 Bypass (Joe S. 

Jeffords 

Highway) 

Corridor Improvement 

Orangeburg SC 7,800,000 

1267 Walk Bike Columbia Columbia SC 4,000,000 

1268 Blount County 

Greenway 

Blount County TN 3,420,800 

1269 Elvis Presley 

Boulevard 

Memphis TN 7,000,000 

1270 Knob Creek 

Road 

Johnson City TN 2,630,000 

1271 Magnolia Avenue Corridor Knoxville TN 10,000,000 

1272 MATA Electric 

Bus Program 

Memphis TN 7,000,000 

1273 Memphis 3.0 

(Kimball at 

Pendleton) 

Memphis TN 3,000,000 

1274 Mississippi 

Boulevard 

Signalized 

Pedestrian 

Crossing 

Memphis TN 1,141,440 

1275 Overton Park 

Cooper Street 

Entrance 

Memphis TN 1,739,432 

1276 SR–126 Kingsport TN 5,662,000 

1277 SR–34 Morristown TN 2,394,000 

1278 SR–35 Greenville TN 2,018,000 

1279 SR–36 Spurgeon TN 5,445,000 

1280 SR–499 EXT Sevierville TN 832,000 

1281 SR–93 Horse 

Creek 

Kingsport TN 777,000 

1282 SR–93 Miscellaneous Safety 

Improvements 

Fall Branch TN 242,000 


ctelli on DSK11ZRN23PROD with BILLS
170 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1283 Third/Fourth 

Street Corridor Project, 

Chattanooga, 

TN 

Chattanooga TN 2,500,000 

1284 US–127 (SR– 

28) 

Fentress 

County / 

Cumberland 

County 

TN 20,000,000 

1285 54 Scott Street 

BOOST Corridor project 

Houston TX 20,000,000 

1286 Austin 

Bergstrom 

Spur Urban 

Trail 

Austin TX 10,000,000 

1287 Austin Ross 

Road Substandard 

Street 

Austin TX 10,000,000 

1288 Bear Creek 

Road Improvement 

Project 

Glenn 

Heights 

TX 3,329,417 

1289 City of South 

Houston-- 

Concrete 

Sidewalks 

South Houston TX 1,264,530 

1290 Clay Road 

Bridge Reconstruction 

Project 

Houston TX 9,929,577 

1291 Dallas East 

Grand Avenue (SH–78) 

Corridor 

Study & Infrastructure 

Improvements 

Dallas TX 1,300,000 

1292 Dallas Vision 

Zero Implementation 

Dallas TX 10,000,000 

1293 DART LED 

Light Replacement 

Project 

Dallas TX 2,080,000 

1294 DART Mobile 

Data Terminals System 

Upgrade 

Project 

Dallas TX 1,760,000 


ctelli on DSK11ZRN23PROD with BILLS
171 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1295 East Dallas 

Bus and 

Maintenance 

Facility Renovation 

Project 

Dallas TX 891,992 

1296 FM 3349/US 

79 Railroad 

Grade Separation Project 

Hutto & Taylor TX 10,000,000 

1297 FM 60 from 2 

miles east of 

SH 36 to .8 

miles west of 

FM 2039 

Caldwell TX 4,000,000 

1298 Foley Street & 

Navigation 

Realignment 

& Infrastructure Re-Use 

Construction 

Phase 

Houston TX 10,000,000 

1299 Fondren Road 

Reconstruction with 

Transit and 

Pedestrian 

Enhancements 

Houston TX 11,000,000 

1300 Greater Downtown Dallas 

Master Plan 

Dallas TX 1,600,000 

1301 Grove Street 

Intermodal 

Campus Rehabilitation 

Fort Wort TX 3,250,000 

1302 High Line 

Project 

Pharr TX 940,160 

1303 IBTC Donna and 

Alamo 

TX 3,500,000 

1304 IH 45 from 1.5 

miles south 

of S 84 to 

US 84 

Fairfield TX 1,000,000 

1305 IH 69E Lyford and 

Sebastian 

TX 3,500,000 

1306 Intersection at 

SH 191 and 

Yukon Rd. 

Midland TX 6,520,000 

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


ctelli on DSK11ZRN23PROD with BILLS
172 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1308 Meadowglen 

West Complete Street 

Project 

Houston TX 4,000,000 

1309 Memorial Park 

Connector 

South 

Houston TX 4,000,000 

1310 Missouri City/ 

BW 8 Transit Facility 

Missouri City TX 5,000,000 

1311 New Construction Overpass 

at Loop 338 

and South 

US 385 

Odessa TX 2,000,000 

1312 Pharr International 

Bridge Dock 

Expansion 1 

Pharr TX 2,863,918 

1313 Pharr International 

Bridge-Commercial Vehicle Staging 

Area 

Pharr TX 3,880,000 

1314 Phase 3A—SL 

88 from 

Memphis to 

CR 2240 

(Ave. U) 

(TxDOT 

Project Id: 

1502–01– 

029) 

Lubbock TX 11,820,000 

1315 Phase 3B—SL 

88 from SL 

88 from Chicago Avenue 

to Memphis 

Avenue 

(TxDOT 

Project Id: 

1502–01– 

030) 

Lubbock TX 8,180,000 

1316 Reconstruction 

of US385 in 

Odessa 

Odessa TX 1,000,000 

1317 Re-establish 

Northwest 

Drive Direct 

Access to IH 

635 

Mesquite TX 10,000,000 


ctelli on DSK11ZRN23PROD with BILLS
173 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

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

1319 Safe Access to 

Transit Improvements 

Houston TX 1,200,000 

1320 SH 550 Brownsville TX 3,791,529 

1321 SH 6 from BS 

6–R to SH 

40 

College Station TX 4,000,000 

1322 South Parallel 

Corridor 

Phase III 

San Benito TX 6,500,000 

1323 South Park and 

Ride Project/ 

Electric Bus 

Project Expansion 

McAllen TX 4,700,000 

1324 Speegleville 

Road: Bridge 

at Middle 

Bosque River 

Waco TX 8,379,000 

1325 Stanton Street 

Bridge ‘‘Good 

Neighbor 

International 

Bridge’’ Intelligent 

Transportation System 

El Paso TX 7,200,000 

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

1327 Traffic Signal 

Improvements Loop 

338 at W 

Yukon Rd 

Odessa TX 2,480,000 

1328 Trinity Lakes 

Station— 

Fort Worth 

Transportation Authority 

Fort Worth TX 11,962,800 

1329 TX SH 36 Expansion Fort Bend 

County 

TX 20,000,000 

1330 Vallecillo Road 

Project 

Laredo TX 14,000,000 

1331 Westheimer 

BOOST 

Houston TX 16,000,000 

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


ctelli on DSK11ZRN23PROD with BILLS
174 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1333 Widening of 

US–83 South 

of Zapata 

Townsite 

Project 

Zapata TX 5,780,148 

1334 Zarzamora/Frio 

City Road 

RR Overpass 

San Antonio TX 15,600,000 

1335 1300 East/ 

Richmond 

Street Reconstruction 

Salt Lake 

City 

UT 2,000,000 

1336 1500 West and 

1300 North 

Roundabout 

Clinton City UT 1,200,000 

1337 4700 South 

Project WVC 

West Valley 

City 

UT 3,000,000 

1338 700 West 

Project 

South Salt 

Lake City 

UT 3,000,000 

1339 BRT from 

Kimball 

Junction to 

Park City 

(S.R. 224) 

Park City UT 6,500,000 

1340 Colorado River 

Pathway 

Phase IV 

Moab/Grand 

County 

UT 1,000,000 

1341 Fort Street Reconstruct Draper UT 915,294 

1342 Frontage Road 

Bypass 

Herriman UT 4,800,000 

1343 FrontRunner 

Forward 

Provo to 

Ogden 

UT 3,300,000 

1344 Legacy Highway Frontage 

Road Project 

Centerville UT 1,500,000 

1345 Midvalley Connector Murray, 

West Valley, 

Salt Lake 

City 

UT 5,500,000 

1346 Neffs Canyon 

Trailhead Redesign 

Salt Lake 

City 

UT 800,000 

400,000 

400,000 

1347 North Sugar 

Factory Road 

Gunnison UT 1,727,200 

1348 Ogden 25th 

Street Rebuild Project 

Ogden UT 5,500,000 


ctelli on DSK11ZRN23PROD with BILLS
175 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1349 Ogden Canyon 

Shared Use 

Pathway 

Project 

Ogden UT 4,000,000 

1350 Park City Arts 

and Culture 

District 

Roadway and 

Connectivity 

Project 

Park City UT 1,200,000 

1351 Provo Intermodal Center 

Pedestrian 

Bridge 

Project 

Provo UT 1,000,000 

1352 Safe Route to 

School Sidewalk Project 

Salt Lake 

County 

UT 73,345 

1353 Sharp/Tintic 

Railroad 

Connection 

Springville 

and Spanish 

Fork 

UT 1,700,000 

1354 SR-7 Exit 5 

Interchange, 

Southern 

Hills Bridge 

and Roadway 

St. George UT 5,000,000 

1355 Young Street 

Bridge and 

Connector 

Road Project 

Morgan City UT 1,547,401 

1356 Arlington Ridge 

Road Bridge 

Arlington/Alexandria VA 9,000,000 

1357 Berkley Avenue 

Bridge 

Norfolk VA 5,000,000 

1358 Chesapeake AllElectric Mobile Command Vehicle 

Demonstration Project 

Chesapeake VA 1,600,000 

1359 Coalfields Expressway— 

RTE 121 

West Virginia 

State Line to 

Grundy, VA 

Grundy VA 4,097,500 

1360 Commerce Road 

Improvements Project 

Richmond VA 1,600,000 

1361 Craney Island 

Access Road 

Portsmouth VA 3,111,500 


ctelli on DSK11ZRN23PROD with BILLS
176 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

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

1363 Fall Line Trail 

– Downtown 

Core Enhancements 

Richmond VA 1,500,000 

1364 HRT Bus Replacement Virginia 

Beach 

VA 2,377,000 

1365 I–64 at Oilville 

Road (Rte. 

617) Interchange 

Goochland 

County 

VA 3,436,000 

1366 I–66 Transportation Alternatives 

Fairfax VA 4,000,000 

1367 I–81 Northbound Truck 

Climbing 

Lane—Mile 

Marker 39.5 

Marion VA 11,160,000 

1368 Intersection 

Safety Improvements 

at the Intersection of 

Route 15 and 

Route 250 

Troy VA 5,082,700 

1369 Intersection 

Safety Improvements 

at the Intersection of 

Route 22 and 

Route 780 

Louisa VA 2,050,000 

1370 Interstate 95 

and Willis 

Road Interchange Improvements 

Project 

Chesterfield VA 3,200,000 

1371 Jahnke Road: 

Blakemore 

Road to Forest Hill Avenue 

Richmond VA 1,600,000 

1372 Long Bridge Arlington VA 4,000,000 

1373 Mathis Corridor 

Revitalization 

Project 

Manassas VA 7,000,000 


ctelli on DSK11ZRN23PROD with BILLS
177 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1374 Multimodal 

Transportation Infrastructure Improvements 

Falls Church VA 2,000,000 

1375 Nimmo Parkway Phase 

VII-B 

Virginia 

Beach 

VA 5,000,000 

1376 Old Bridge 

Road at Gordon Boulevard Interchange/Intersection Improvements 

Woodbridge VA 4,000,000 

1377 Parallel Chesapeake Tunnel 

Project 

Northampton 

County 

VA 3,111,500 

1378 Peninsula Transit Signal 

Priority Improvements 

Newport 

News and 

Hampton 

VA 9,702,071 

1379 Red Lane Road/ 

Rt. 60 Continuous 

Green T 

Powhatan VA 3,145,663 

1380 Richmond 

Highway Bus 

Rapid Transit 

Fairfax 

County 

VA 5,000,000 

1381 Roundabout at 

the intersection of Middle Road (Rt. 

646) and Jefferson Park 

Road (Rt. 

630) 

Prince 

George 

County 

VA 3,540,806 

1382 Route 31 Bicycle Accommodations 

Project 

Surry VA 6,379,000 

1383 Route 7/Route 

690 Interchange 

Purcellville VA 10,000,000 


ctelli on DSK11ZRN23PROD with BILLS
178 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1384 Rt. 208 (Courthouse Road) 

and Hood 

Drive Intersection Improvement 

(UPC 

110987) 

Fredericksburg VA 1,151,000 

1385 Silver Line 

Support 

Transportation Alternatives 

Fairfax VA 10,500,000 

1386 The Birthplace 

of America 

Trail 

Newport 

News 

VA 3,160,000 

1387 Tidewater Drive 

Reconstruction 

Norfolk VA 6,400,000 

1388 Transit Enhancement 

and Expansion 

Chesterfield VA 4,688,800 

1389 St. Croix/St. 

Thomas 

Ferry 

Christiansted VI 15,000,000 

1390 Barre CityBarre Town 

VT Route 14 

/ Quarry 

Street and 

Quarry Hill 

Road Intersection Reconstruction 

Barre VT 4,750,000 

1391 Essex Junction 

Crescent 

Connector 

Essex VT 5,400,000 

1392 Railyard Enterprise Project 

(Design & 

Permitting 

Phase) 

Burlington VT 2,250,000 

1393 Town of Hartford 

(Quechee) 

U.S 4 Bridge 

Rehabilitation 

Hartford VT 7,600,000 


ctelli on DSK11ZRN23PROD with BILLS
179 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1394 Bigelow Gulch 

and Sullivan 

Road Corridor 

Spokane Valley WA 2,650,000 

1395 City of 

Waitsburg 

Highway 12 

Preston 

Bridge Replacement 

Waitsburg WA 350,000 

1396 Columbia 

Heights Road 

Reconstruction 

Longview WA 5,500,000 

1397 Ferry County 

Kettle River 

Road Rehabilitation 

Curlew WA 1,797,000 

1398 I–5/SR 503 

Interchange 

Area Improvements 

Woodland WA 11,760,000 

1399 Industrial Rail 

Corridor Expansion 

(IRCE) 

Longview WA 2,740,000 

1400 Palouse River 

Bridge Replacement 

Colfax WA 6,000,000 

1401 Spokane Airport Spotted 

Road Project 

Spokane WA 6,749,000 

1402 SR 410/Rock 

Creek Vic— 

Chronic Environmental 

Deficiency 

Naches WA 3,562,000 

1403 SW Mojonnier 

Road Reconstruction 

College Place WA 2,453,574 

1404 US 12 Naches 

Vic to Yakima Vic— 

Intersection 

Safety Improvements 

Naches WA 1,452,000 

1405 US 97/Jones 

Rd—Intersection Improvements 

Wapato WA 4,464,000 


ctelli on DSK11ZRN23PROD with BILLS
180 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1406 US Highway 12 

Phase 8 

Final Design 

and Right of 

Way Acquisition 

Touchet WA 5,965,931 

1407 Yakima County, 

East-West 

Corridor 

Phase II 

Project. 

Yakima WA 4,000,000 

1408 169th Street 

Connecting 

Segment 

Arlington WA 3,900,000 

1409 20th Street NE 

/ Main Street 

Improvements 

Lake Stevens WA 2,000,000 

1410 42nd Ave S 

Bridge Replacement 

Project 

Tukwila WA 1,270,000 

1411 Aberdeen US 

12 HighwayRail Separation Project 

Aberdeen WA 2,080,000 

1412 Access and Circulation 

Roads for the 

Darrington 

Wood Innovation Center 

Town of 

Darrington 

WA 1,291,869 

1413 Bellevue Transit Center 

Safety and 

Connectivity 

Project 

Bellevue WA 1,000,000 

1414 City of Carnation Larson / 

40th Street 

Bypass 

Project 

Carnation WA 2,400,000 

1415 City of Kenmore Fish 

Passable Culvert Replacements 

Kenmore WA 1,224,000 

1416 College Street 

Corridor Improvements 

Phase III 

Lacey WA 6,000,000 


ctelli on DSK11ZRN23PROD with BILLS
181 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1417 Columbia River 

Pedestrian 

Bridge Extension, 

Apple Capital 

Loop Trail 

Wenatchee WA 8,600,000 

1418 E. 64th Street 

Phase II 

Tacoma WA 5,600,000 

1419 East Marginal 

Way Corridor 

Improvements – 

Phase 1 

Seattle WA 2,340,000 

1420 Eastrail 

Wilburton 

Critical 

Crossing 

Bellevue WA 1,680,000 

1421 Georgetown to 

South Park 

Connection 

Seattle WA 1,800,000 

1422 Gorst Area Resiliency and 

Redundancy 

Alternatives 

Study 

Bremerton WA 8,000,000 

1423 Guemes Island 

Ferry Replacement 

Project 

Anacortes WA 8,000,000 

1424 I–5/Lake Washington Ship 

Canal Bridge 

Seattle WA 5,000,000 

1425 Lea Hill Corridor 112th 

Ave SE & 

105th Pl SE 

Intersection 

Improvements 

Aubrun WA 4,446,200 

1426 Links to Opportunity 

Streetscape 

Project 

Tacoma WA 2,000,000 

1427 Lyon Creek 

Culvert Replacement 

Project 

Lake Forest 

Park 

WA 3,100,000 

1428 Meeker Complete Street/ 

Safe Routes 

to School 

Project 

Kent WA 2,500,000 


ctelli on DSK11ZRN23PROD with BILLS
182 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1429 MLK Jr. Way 

S Safety and 

Accessibility 

Improvements Project 

Seattle WA 750,000 

1430 NE 124th St / 

124th Ave 

NE Pedestrian Bridge 

(Totem Lake 

Non-Motorized Bridge) 

Kirkland WA 2,000,000 

1431 Orting HWY 

162 Pedestrian Bridge 

Oting WA 6,000,000 

1432 Puyallup Avenue Transit/ 

Complete 

Street Improvements 

Tacoma WA 2,000,000 

1433 Rainier Avenue 

South Corridor Improvements— 

Phase 4A 

Renton WA 2,000,000 

1434 Redmond Central Connector Phase 

III 

Redmond WA 3,000,000 

1435 Roundabout on 

US–2 and 

Main Street 

Sultan WA 900,000 

1436 Safe Routes to 

School Improvements: 

Whitman Elementary and 

Edison Elementary 

Schools 

Tacoma WA 1,000,000 

1437 Sheffield Trail 

Improvement 

Project 

Fife WA 2,750,000 

1438 South Campus 

Interim Base 

Electrification 

Tukwila WA 3,000,000 

1439 South Tacoma 

Way, 88th 

Street S to 

80th Street 

Court SW. 

Lakewood WA 2,400,000 


ctelli on DSK11ZRN23PROD with BILLS
183 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1440 South 

Whidbey— 

Clinton Area 

Transportation Infrastructure Improvements 

Clinton WA 1,500,000 

1441 SR 99/NB 

Duwamish 

River 

Bridge—Grid 

Deck Replacement 

Seattle WA 2,000,000 

1442 SR522 Corridor 

Improvement 

Maltby WA 4,000,000 

1443 Town to Zylstra 

Lake MultiModal Trail 

Friday Harbor WA 5,280,000 

1444 Tukwila International Boulevard Bus 

Rapid Transit Station 

Tukwila WA 2,000,000 

1445 US 12/Heron 

St Bridge 

Tier 1— 

Bridge Rehabilitation 

Aberdeen WA 2,038,166 

1446 US–2 WB 

Trestle 

Lake Stevens, Everett WA 1,680,000 

840,000 

840,000 

1447 Washington 

State Ferries 

Seattle Ferry 

Terminal 

Shoreside 

Electrification 

Seattle WA 4,200,000 

1448 West Seattle 

and Ballard 

Link Extensions 

(WSBLE) 

Seattle WA 5,360,000 

1449 X Street 

Roundabout 

Tumwater WA 3,250,000 

1450 Atwood Ave. 

(Fair Oaks 

Ave. to Cottage Grove 

Rd.) 

Madison WI 6,275,000 


ctelli on DSK11ZRN23PROD with BILLS
184 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1451 BeerLine Bike 

and Pedestrian Trail 

Milwaukee WI 1,200,000 

1452 CTH CC from 

Ash Street to 

CTH D 

Oregon WI 2,000,000 

1453 CTH CV from 

Government 

Road to USH 

51 

Madison WI 2,000,000 

1454 CTH M/Century Avenue 

Bridge (B– 

13–0046) 

over Pheasant Branch 

Replacement 

Including Approaches and 

Branch 

Street Intersection 

Middleton WI 2,000,000 

1455 CTH P from 

CTH PD to 

CTH S 

Klevenville WI 2,000,000 

1456 I–94 Screening 

Wall at 

Woods National Cemetery 

Milwaukee WI 2,000,000 

1457 Milwaukee 

Country 

Transit Bus 

Purchase 

Wauwatosa WI 4,000,000 

1458 Milwaukee 

County Transit Security 

Initiative 

Wauwatosa WI 2,000,000 

1459 Reconstruction 

of Silver 

Spring Drive 

Glendale WI 4,500,000 

1460 Reedsburg – 

Baraboo, 

Preston Avenue to STH 

23 Const./ 

Mill & Overlay, State 3R 

Reedsburg WI 125,000 


ctelli on DSK11ZRN23PROD with BILLS
185 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1461 Reedsburg – 

Wisconsin 

Dells STH 

136 Intersection Const./ 

Intersection 

Improvement/ 

RAB Safety 

Reedsburg WI 1,600,000 

1462 South 

Kinnickinnic 

Avenue Resurfacing 

Project 

St. Francis WI 700,000 

1463 US 14 (Wisconsin River 

to Oak 

Street) between Spring 

Green & 

Madison 

Arena WI 2,000,000 

1464 Vliet Street Resurfacing 

Project 

Milwaukee WI 4,200,000 

1465 Hal Greer Boulevard Corridor Upgrade 

Huntington WV 6,400,000 

1466 Michael Angiulli 

Memorial 

Bridge 

North View WV 2,080,000 

1467 New Cumberland—WV 

2 

New Cumberland WV 3,200,000 

1468 Princeton Overhead Bridge Princeton WV 3,600,000 

1469 Rock Creek 

Interchange—New 

Access Road 

Rock Creek WV 10,000,000 

1470 Route 93 

Scherr Overpass 

Scherr WV 3,120,000 

1471 Van Voorhis 

Road 

Morgantown WV 6,800,000 

1472 WVU PRT Passenger Stations Rehabilitation 

Project 

Morgantown WV 4,800,000 


ctelli on DSK11ZRN23PROD with BILLS
186 

HR 3684 PCS

No. Project 

Name City State/Territory Amount 

1473 Excelsior 

Springs Safe 

Streets and 

Sidewalks 

Excelsior 

Springs 

MO 9,444,706 

1474 Fox River Regional Trail: 

Hoover Forest PreserveFox River 

Bluffs Connecting Trail 

Segment 

Yorkville IL 240,000 

1475 City of Red 

Wing Levee 

Road Realignment 

Project 

Red Wing MN 3,124,521 

1 SEC. 108. REPORT ON PROGRESS OF DBE PROGRAM. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, and annually thereafter, 

4 the Secretary of Transportation shall submit to Congress 

5 a report on the disadvantaged business enterprises pro6 gram carried out by the Department of Transportation 

7 pursuant to section 1101(c) of this division. 

8 (b) CONTENTS.—The report required under sub9 section (a) shall include, at a minimum, the percentage 

10 and dollar amount of Federal funds paid to small business 

11 concerns owned and controlled by socially and economi12 cally disadvantaged individuals in the prior fiscal year for 

13 each State and territory of the United States. 


ctelli on DSK11ZRN23PROD with BILLS
187 

HR 3684 PCS

1 (c) DEFINITIONS.—The terms ‘‘small business con2 cern’’ and ‘‘socially and economically disadvantaged indi3 viduals’’ have the meanings given such terms in section 

4 1101(c)(2). 

5 DIVISION B—SURFACE 

6 TRANSPORTATION 

7 SEC. 1001. APPLICABILITY OF DIVISION. 

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

9 amendments made by this division, applies beginning on 

10 October 1, 2022. 

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

12 division and the amendments made by this division, any 

13 reference to— 

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

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

16 division; 

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

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

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

20 America Act added to law by an amendment made 

21 by this division, 

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

23 (c) EXCEPTION FOR IMMEDIATE APPLICATION.— 

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

25 sections and any amendments made by such sections: 


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1 (1) Section 1105. 

2 (2) Section 1107. 

3 (3) Section 1305. 

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

5 (5) Section 2106. 

6 (6) Section 2112. 

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

8 (8) Section 2305. 

9 (9) Section 2307. 

10 (10) Section 2902(2). 

11 TITLE I—FEDERAL-AID 

12 HIGHWAYS 

13 Subtitle A—Authorizations and 

14 Program Conditions 

15 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—The following amounts are au17 thorized to be appropriated out of the Highway Trust 

18 Fund (other than the Mass Transit Account): 

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

20 the national highway performance program under 

21 section 119 of title 23, United States Code, the pre22 disaster mitigation program under section 124 of 

23 such title, the railway crossings program under sec24 tion 130 of such title, the surface transportation 

25 program under section 133 of such title, the highVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 way safety improvement program under section 148 

2 of such title, the congestion mitigation and air qual3 ity improvement program under section 149 of such 

4 title, the clean corridors program under section 151 

5 of such title, the national highway freight program 

6 under section 167 of such title, the carbon pollution 

7 reduction program under section 171 of such title, 

8 and metropolitan planning under section 134 of such 

9 title— 

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

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

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

13 and 

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

15 (2) TRANSPORTATION INFRASTRUCTURE FI16 NANCE AND INNOVATION PROGRAM.—For credit as17 sistance under the transportation infrastructure fi18 nance and innovation program under chapter 6 of 

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

20 of fiscal years 2023 through 2026. 

21 (3) CONSTRUCTION OF FERRY BOATS AND

22 FERRY TERMINAL FACILITIES.—For construction of 

23 ferry boats and ferry terminal facilities under sec24 tion 147 of title 23, United States Code, 


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1 $120,000,000 for each of fiscal years 2023 through 

2 2026. 

3 (4) FEDERAL LANDS AND TRIBAL TRANSPOR4 TATION PROGRAMS.— 

5 (A) TRIBAL TRANSPORTATION PRO6 GRAM.—For the tribal transportation program 

7 under section 202 of title 23, United States 

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

9 2023 through 2026. 

10 (B) FEDERAL LANDS TRANSPORTATION

11 PROGRAM.— 

12 (i) IN GENERAL.—For the Federal 

13 lands transportation program under sec14 tion 203 of title 23, United States Code, 

15 $555,000,000 for each of fiscal years 2023 

16 through 2026. 

17 (ii) ALLOCATION.—Of the amount 

18 made available for a fiscal year under 

19 clause (i)— 

20 (I) the amount for the National 

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

22 of fiscal years 2023 through 2026; 

23 (II) the amount for the United 

24 States Fish and Wildlife Service is 


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1 $50,000,000 for each of fiscal years 

2 2023 through 2026; 

3 (III) the amount for the United 

4 States Forest Service is $50,000,000 

5 for each of fiscal years 2023 through 

6 2026; 

7 (IV) the amount for the Corps of 

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

9 fiscal years 2023 through 2026; 

10 (V) the amount for the Bureau 

11 of Land Management is $16,000,000 

12 for each of fiscal years 2023 through 

13 2026; 

14 (VI) the amount for the Bureau 

15 of Reclamation is $16,000,000 for 

16 each of fiscal years 2023 through 

17 2026; and 

18 (VII) the amount for independent 

19 Federal agencies with natural re20 source and land management respon21 sibilities is $7,000,000 for each of fis22 cal years 2023 through 2026. 

23 (C) FEDERAL LANDS ACCESS PROGRAM.— 

24 For the Federal lands access program under 

25 section 204 of title 23, United States Code, 


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1 $345,000,000 for each of fiscal years 2023 

2 through 2026. 

3 (D) FEDERAL LANDS AND TRIBAL MAJOR

4 PROJECTS GRANTS.—To carry out section 208 

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

6 for each of fiscal years 2023 through 2026. 

7 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

8 PROGRAM.—For the territorial and Puerto Rico 

9 highway program under section 165 of title 23, 

10 United States Code, the amounts specified in para11 graphs (1) and (2) of section 165(a) for each of fis12 cal years 2023 through 2026. 

13 (6) PROJECTS OF NATIONAL AND REGIONAL

14 SIGNIFICANCE.—For projects of national and re15 gional significance under section 117 of title 23, 

16 United States Code, $3,000,000,000 for each of fis17 cal years 2023 through 2026. 

18 (7) COMMUNITY TRANSPORTATION INVESTMENT

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

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

21 years 2023 through 2026. 

22 (8) COMMUNITY CLIMATE INNOVATION

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

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

25 years 2023 through 2026. 


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1 (9) NATIONAL SCENIC BYWAYS PROGRAM.—To 

2 carry out section 162 of title 23, United States 

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

4 through 2026. 

5 (10) REBUILD RURAL BRIDGES PROGRAM.— To 

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

7 each of fiscal years 2023 through 2026. 

8 (11) PARKING FOR COMMERCIAL MOTOR VEHI9 CLES.—To carry out section 1308 of this Act, 

10 $250,000,000 for each of fiscal years 2023 through 

11 2026. 

12 (12) ACTIVE CONNECTED TRANSPORTATION

13 GRANT PROGRAM.—To carry out section 1309 of 

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

15 through 2026. 

16 (13) WILDLIFE CROSSINGS PROGRAM.—To 

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

18 each of fiscal years 2023 through 2026. 

19 (14) RECONNECTING NEIGHBORHOODS PRO20 GRAM.—To carry out section 1311 of this Act, 

21 $750,000,000 for each of fiscal years 2023 through 

22 2026. 

23 (15) METRO PERFORMANCE PROGRAM.—To 

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

25 each of fiscal years 2023 through 2026. 


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1 (16) GRIDLOCK REDUCTION GRANT PRO2 GRAM.—To carry out section 1306 of this Act, 

3 $500,000,000 for fiscal year 2023. 

4 (b) AUTHORIZATION FOR NATIONAL SCENIC BY5 WAYS.—There is authorized to be appropriated out of the 

6 general fund of the Treasury $39,000,000 for each of fis7 cal years 2023 through 2026 to carry out section 162 of 

8 title 23, United States Code. 

9 (c) 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 (d) 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 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS 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 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS 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 (9) SENSE OF CONGRESS ON FULFILLING CER19 TAIN CONTRACTS.—It is the sense of Congress that 

20 contractors participating in a federally funded trans21 portation contract with a small business concern 

22 owned and controlled by socially and economically 

23 disadvantaged individuals should ensure that the 

24 percentage of a contract promised to such small 

25 business concern is fulfilled, unless prior approval is 


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1 obtained consistent with the regulations under part 

2 26 of title 49, Code of Federal Regulations. 

3 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR

4 STATE-OWNED ENTERPRISES.— 

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

6 section may not be used in awarding or exercising 

7 an option on a previously awarded contract, a con8 tract, subcontract, grant, or loan to an entity that 

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

10 otherwise related legally or financially to a corpora11 tion based in a country that— 

12 (A) is identified as a nonmarket economy 

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

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

15 the date of enactment of this Act; 

16 (B) was identified by the United States 

17 Trade Representative in the most recent report 

18 required by section 182 of the Trade Act of 

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

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

21 and 

22 (C) is subject to monitoring by the Trade 

23 Representative under section 306 of the Trade 

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


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1 (2) EXCEPTION.—For purposes of paragraph 

2 (1), the term ‘‘otherwise related legally or finan3 cially’’ does not include a minority relationship or in4 vestment. 

5 (3) INTERNATIONAL AGREEMENTS.—This sub6 section shall be applied in a manner consistent with 

7 the obligations of the United States under inter8 national agreements. 

9 SEC. 1102. OBLIGATION LIMITATION. 

10 (a) GENERAL LIMITATION.—Subject to subsection 

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

12 obligations for Federal-aid highway and highway safety 

13 construction programs shall not exceed— 

14 (1) $66,097,092,526 for fiscal year 2023; 

15 (2) $66,570,608,070 for fiscal year 2024; 

16 (3) $67,701,550,431 for fiscal year 2025; and 

17 (4) $68,741,903,518 for fiscal year 2026. 

18 (b) EXCEPTIONS.—The limitations under subsection 

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

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

21 (2) section 147 of the Surface Transportation 

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

23 Stat. 2714); 

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

25 of 1981 (95 Stat. 1701); 


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

2 Surface Transportation Assistance Act of 1982 (96 

3 Stat. 2119); 

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

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

7 (6) sections 1103 through 1108 of the Inter8 modal Surface Transportation Efficiency Act of 

9 1991 (Public Law 102–240); 

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

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

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

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

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

15 of those fiscal years); 

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

18 Transportation Equity Act for the 21st Century 

19 (112 Stat. 107) or subsequent Acts for multiple 

20 years or to remain available until expended, but only 

21 to the extent that the obligation authority has not 

22 lapsed or been used; 

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

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


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

2 of those fiscal years); 

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

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

5 funds obligated in accordance with that section were 

6 not subject to a limitation on obligations at the time 

7 at which the funds were initially made available for 

8 obligation; 

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

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

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

12 of those fiscal years); 

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

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

15 amount equal to $639,000,000 for each of those fis16 cal years); 

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

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

19 amount equal to $550,000,000 for each of those fis20 cal years); and 

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

22 States Code (but, for fiscal years 2023 through 

23 2026, only in an amount equal to $89,000,000 for 

24 each of those fiscal years). 


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1 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

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

3 through 2026, the Secretary of Transportation— 

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

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

6 (i) amounts authorized for administrative 

7 expenses and programs by section 104(a) of 

8 title 23, United States Code; 

9 (ii) amounts authorized for the Bureau of 

10 Transportation Statistics; 

11 (iii) amounts authorized for the tribal 

12 transportation program under section 202 of 

13 title 23, United States Code; and 

14 (iv) amounts authorized for the territorial 

15 and Puerto Rico highway program under sec16 tion 165(a) of title 23, United States Code; and 

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

18 in addition to the amounts described in subpara19 graph (A), shall not distribute obligation authority 

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

21 amounts authorized for the metro performance pro22 gram under section 1305 of this Act; 

23 (2) shall not distribute an amount of obligation 

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

25 the unobligated balance of amounts— 


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1 (A) made available from the Highway 

2 Trust Fund (other than the Mass Transit Ac3 count) for Federal-aid highway and highway 

4 safety construction programs for previous fiscal 

5 years, the funds for which are allocated by the 

6 Secretary (or apportioned by the Secretary 

7 under section 202 or 204 of title 23, United 

8 States Code); and 

9 (B) for which obligation authority was pro10 vided in a previous fiscal year; 

11 (3) shall determine the proportion that— 

12 (A) the obligation authority provided by 

13 subsection (a) for the fiscal year, less the aggre14 gate of amounts not distributed under para15 graphs (1) and (2) of this subsection; bears to 

16 (B) the total of— 

17 (i) the sums authorized to be appro18 priated for the Federal-aid highway and 

19 highway safety construction programs, 

20 other than sums authorized to be appro21 priated for— 

22 (I) provisions of law described in 

23 paragraphs (1) through (13) of sub24 section (b); 


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1 (II) section 203 of title 23, 

2 United States Code, equal to the 

3 amount referred to in subsection 

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

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

6 23, United States Code, equal to the 

7 amount referred to in subsection 

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

9 (ii) the aggregate of the amounts not 

10 distributed under paragraphs (1) and (2) 

11 of this subsection; 

12 (4) shall distribute the obligation authority pro13 vided by subsection (a), less the aggregate amounts 

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

15 each of the programs (other than programs to which 

16 paragraph (1) applies) that are allocated by the Sec17 retary under this Act and title 23, United States 

18 Code, or apportioned by the Secretary under section 

19 202 or 204 of such title, by multiplying— 

20 (A) the proportion determined under para21 graph (3); by 

22 (B) the amounts authorized to be appro23 priated for each such program for the fiscal 

24 year; and 


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

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

4 the amounts distributed under paragraph (4), for 

5 Federal-aid highway and highway safety construc6 tion programs that are apportioned by the Secretary 

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

8 amounts apportioned for the surface transportation 

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

10 States Code, that are exempt from the limitation 

11 under subsection (b)(15) and the amounts appor12 tioned under sections 202 and 204 of such title) in 

13 the proportion that— 

14 (A) amounts authorized to be appropriated 

15 for the programs that are apportioned under 

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

17 the fiscal year; bears to 

18 (B) the total of the amounts authorized to 

19 be appropriated for the programs that are ap20 portioned under title 23, United States Code, to 

21 all States for the fiscal year. 

22 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU23 THORITY.—Notwithstanding subsection (c), the Secretary 

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

25 years 2023 through 2026— 


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1 (1) revise a distribution of the obligation au2 thority made available under subsection (c) if an 

3 amount distributed cannot be obligated during that 

4 fiscal year; and 

5 (2) redistribute sufficient amounts to those 

6 States able to obligate amounts in addition to those 

7 previously distributed during that fiscal year, giving 

8 priority to those States having large unobligated bal9 ances of funds apportioned under section 104 of title 

10 23, United States Code. 

11 (e) SPECIAL LIMITATION.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), obligation limitations imposed by sub14 section (a) shall apply to contract authority for— 

15 (A) transportation research programs car16 ried out under chapter 5 of title 23, United 

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

18 (B) the metro performance program under 

19 section 1305 of this Act. 

20 (2) EXCEPTION.—Obligation authority made 

21 available under paragraph (1) shall— 

22 (A) remain available for a period of 4 fis23 cal years; and 

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

25 limitation imposed on obligations for FederalVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 aid highway and highway safety construction 

2 programs for future fiscal years. 

3 (f) LOP-OFF.— 

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

5 the date of distribution of obligation authority under 

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

7 2026, the Secretary of Transportation shall dis8 tribute to the States any funds that— 

9 (A) are authorized to be appropriated for 

10 the fiscal year for Federal-aid highway pro11 grams; and 

12 (B) the Secretary determines will not be 

13 allocated to the States (or will not be appor14 tioned to the States under section 204 of title 

15 23, United States Code), and will not be avail16 able for obligation, for the fiscal year because 

17 of the imposition of any obligation limitation for 

18 the fiscal year. 

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

20 paragraph (1) in the same proportion as the dis21 tribution of obligation authority under subsection 

22 (c)(5). 

23 (3) AVAILABILITY.—Funds distributed to each 

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


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

2 United States Code. 

3 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 

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

5 amended— 

6 (1) in subsection (a)— 

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

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

9 (13), (14), (15), (16), (17), (18), (19), (20), 

10 (21), (22), (23), (24), (25), (26), (27), (28), 

11 (29), (30), (31), (32), (33), and (34) as para12 graphs (2), (4), (5), (7), (9), (11), (12), (13), 

13 (14), (15), (17), (18), (19), (20), (21), (22), 

14 (24), (25), (26), (27), (29), (30), (33), (34), 

15 (35), (36), (37), (38), (39), (43), (44), (45), 

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

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

18 so redesignated, the following: 

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

20 means an adjustment in natural or human systems 

21 in anticipation of, or in response to, a changing envi22 ronment in a way that moderates negative effects of 

23 extreme events or climate change.’’; 

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

25 so redesignated, the following: 


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

2 term ‘areas of persistent poverty’ means— 

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

4 or more of the population of such county living 

5 in poverty over the past 30 years, as measured 

6 by the 1990 and 2000 decennial censuses and 

7 the most recent Small Area Income and Poverty 

8 Estimates; 

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

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

11 recent 5-year data series available from the 

12 American Community Survey of the Bureau of 

13 the Census for all States and Puerto Rico; or 

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

15 the United States that has had 20 percent or 

16 more of its population living in poverty over the 

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

18 and 2010 decennial censuses, or equivalent 

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

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

21 redesignated, the following: 

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

23 change’ means any significant change in the meas24 ures of climate lasting for an extended period of 

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1 ture, precipitation, wind patterns, or sea level, 

2 among others, that occur over several decades or 

3 longer.’’; 

4 (E) in paragraph (7)(A), as so redesig5 nated, by inserting ‘‘assessing resilience,’’ after 

6 ‘‘surveying,’’; 

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

8 redesignated, the following: 

9 ‘‘(8) CONTEXT SENSITIVE DESIGN PRIN10 CIPLES.—The term ‘context sensitive design prin11 ciples’ means principles for the design of a public 

12 road that— 

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

14 accommodation, in all phases of project plan15 ning, design, and development, transportation 

16 facilities for users, including pedestrians, 

17 bicyclists, public transportation users, children, 

18 older individuals, individuals with disabilities, 

19 motorists, and freight vehicles; and 

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

22 the appropriate facility design.’’; 

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

24 redesignated, the following: 


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

3 that— 

4 ‘‘(A) is used to transport— 

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

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

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

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

11 eligible entity with jurisdiction over the area in 

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

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

15 so redesignated, the following: 

16 ‘‘(16) GREENHOUSE GAS.—The term ‘green17 house gas’ has the meaning given the term in section 

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

19 7545(o)(1)(G)).’’; 

20 (I) by inserting after paragraph (22), as so 

21 redesignated, the following: 

22 ‘‘(23) NATURAL INFRASTRUCTURE.— 

23 ‘‘(A) IN GENERAL.—The term ‘natural in24 frastructure’ means infrastructure that uses, reVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 stores, or emulates natural ecological processes 

2 that— 

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

4 natural physical, geological, biological, and 

5 chemical processes over time; 

6 ‘‘(ii) is created by human design, en7 gineering, and construction to emulate or 

8 act in concert with natural processes; or 

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

10 and other natural features, including 

11 through the creation, restoration, or pres12 ervation of vegetated areas using materials 

13 appropriate to the region to manage 

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

16 purposes. 

17 ‘‘(B) INCLUSION.—The term ‘natural in18 frastructure’ includes green infrastructure and 

19 nature-based solutions.’’; 

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

21 so redesignated, the following: 

22 ‘‘(28) PROTECTIVE FEATURE.— 

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

24 feature’ means an improvement to a highway, 

25 bridge, or other transportation facility designed 


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

3 from climate change effects (including sea level 

4 rise), flooding, and extreme events or other nat5 ural disasters (including wildfires, seismic activ6 ity, and landslides). 

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

8 feature’ includes— 

9 ‘‘(i) raising roadway grades; 

10 ‘‘(ii) relocating roadways to higher 

11 ground above projected flood elevation lev12 els or away from slide prone areas; 

13 ‘‘(iii) stabilizing slide areas, including 

14 areas that are at risk of flooding, rock15 slides, and mudslides following a wildfire; 

16 ‘‘(iv) stabilizing slopes; 

17 ‘‘(v) lengthening or raising bridges to 

18 increase waterway openings; 

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

20 drainage structures; 

21 ‘‘(vii) replacing culverts with bridges 

22 or upsizing culverts; 

23 ‘‘(viii) installing seismic retrofits on 

24 bridges; 


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

2 and other hydraulic countermeasures; 

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

4 ‘‘(xi) integration of the use of tradi5 tional and natural infrastructure features; 

6 ‘‘(xii) undergrounding public utilities 

7 in the course of other infrastructure im8 provements eligible under this title; and 

9 ‘‘(xiii) permeable pavements for 

10 stormwater management.’’; 

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

12 so redesignated, the following: 

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

14 term ‘repeatedly damaged facility’ means a road, 

15 highway, or bridge that has required repair and re16 construction activities on 2 or more occasions due to 

17 natural disasters or catastrophic failures resulting in 

18 emergencies declared by the Governor of the State 

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

20 emergencies or major disasters declared by the 

21 President under the Robert T. Stafford Disaster Re22 lief and Emergency Assistance Act (42 U.S.C. 5121 

23 et seq.). 

24 ‘‘(32) RESILIENCE.— 


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

2 means, with respect to a facility, the ability 

3 to— 

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

5 to conditions; or 

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

7 rapidly from disruptions. 

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

9 with respect to a facility, the ability to— 

10 ‘‘(i) resist hazards or withstand im11 pacts from disruptions; 

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

13 or impact of a disruption; or 

14 ‘‘(iii) have the absorptive capacity, 

15 adaptive capacity, and recoverability to de16 crease vulnerability to a disruption.’’; and 

17 (L) by inserting after paragraph (39), as 

18 so redesignated, the following: 

19 ‘‘(40) TRANSPORTATION DEMAND MANAGE20 MENT; TDM.—The terms ‘transportation demand 

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

22 to inform and encourage travelers to maximize the 

23 efficiency of a transportation system leading to im24 proved mobility, reduced congestion, and lower vehi25 cle emissions. 


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1 ‘‘(41) TRANSPORTATION DEMAND MANAGE2 MENT STRATEGIES.—The term ‘transportation de3 mand management strategies’ means the use of 

4 planning, programs, policy, marketing, communica5 tions, incentives, pricing, data, and technology to 

6 shift travel mode, routes used, departure times, 

7 number of trips, and location and design of work 

8 spaces or public attractions. 

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

10 term ‘transportation system access’ means the abil11 ity to travel by automobile, public transportation, 

12 pedestrian, and bicycle networks, measured by travel 

13 time, taking into consideration— 

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

15 stress for non-motorized users; 

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

17 ‘‘(C) the extent to which transportation ac18 cess is impacted by zoning policies and land use 

19 planning practices that effect the affordability, 

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

21 and 

22 (2) in subsection (b)— 

23 (A) in paragraph (1) by striking ‘‘De24 fense,’’ and inserting ‘‘Defense Highways,’’; 

25 (B) in paragraph (3)— 


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1 (i) in subparagraph (A) by striking 

2 ‘‘Century’’ and inserting ‘‘century’’; 

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

4 and’’ and inserting a semicolon; 

5 (iii) in subparagraph (H) by striking 

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

7 (iv) by adding at the end the fol8 lowing: 

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

10 Department of Transportation, and the Sec11 retary and States should take all actions nec12 essary to meet the transportation needs of the 

13 21st century for all road users; 

14 ‘‘(J) climate change presents a significant 

15 risk to safety, the economy, and national secu16 rity, and reducing the contributions of the 

17 transportation system to the Nation’s total car18 bon pollution is critical; and 

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

20 appropriate measures and ensure investments 

21 to increase the resilience of the Nation’s trans22 portation system.’’; and 

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

24 ‘‘while ensuring that environmental protections 

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


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1 SEC. 1104. APPORTIONMENT. 

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

3 States Code, is amended— 

4 (1) in subsection (a)(1) by striking subpara5 graphs (A) through (E) and inserting the following: 

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

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

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

9 and 

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

11 (2) by striking subsections (b) and (c) and in12 serting the following: 

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

14 SHARE OF BASE APPORTIONMENT.—The Secretary shall 

15 distribute the amount of the base apportionment appor16 tioned to a State for a fiscal year under subsection (c) 

17 among the covered programs as follows: 

18 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO19 GRAM.—For the national highway performance pro20 gram, 55.09 percent of the amount remaining after 

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

22 and (10). 

23 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.— 

24 For the surface transportation program, 28.43 per25 cent of the amount remaining after distributing 

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


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1 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO2 GRAM.—For the highway safety improvement pro3 gram, 6.19 percent of the amount remaining after 

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

5 and (10). 

6 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL7 ITY IMPROVEMENT PROGRAM.— 

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

9 mitigation and air quality improvement pro10 gram, an amount determined for the State 

11 under subparagraphs (B) and (C). 

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

13 for the congestion mitigation and air quality 

14 improvement program for all States shall be— 

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

16 2023; 

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

18 2024; 

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

20 2025; and 

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

22 2026. 

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

24 the Secretary shall distribute among the States 

25 the amount for the congestion mitigation and 


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1 air quality improvement program under sub2 paragraph (B) so that each State receives an 

3 amount equal to the proportion that— 

4 ‘‘(i) the amount apportioned to the 

5 State for the congestion mitigation and air 

6 quality improvement program for fiscal 

7 year 2020; bears to 

8 ‘‘(ii) the total amount of funds appor9 tioned to all States for such program for 

10 fiscal year 2020. 

11 ‘‘(5) NATIONAL HIGHWAY FREIGHT PRO12 GRAM.—For the national highway freight program, 

13 3.38 percent of the amount remaining after distrib14 uting amounts under paragraphs (4), (6), (7), and 

15 (10). 

16 ‘‘(6) METROPOLITAN PLANNING.— 

17 ‘‘(A) IN GENERAL.—For metropolitan 

18 planning, an amount determined for the State 

19 under subparagraphs (B) and (C). 

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

21 for metropolitan planning for all States shall 

22 be— 

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

24 2023; 


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

2 2024; 

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

4 2025; and 

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

6 2026. 

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

8 the Secretary shall distribute among the States 

9 the amount for metropolitan planning under 

10 subparagraph (B) so that each State receives 

11 an amount equal to the proportion that— 

12 ‘‘(i) the amount apportioned to the 

13 State for metropolitan planning for fiscal 

14 year 2020; bears to 

15 ‘‘(ii) the total amount of funds appor16 tioned to all States for metropolitan plan17 ning for fiscal year 2020. 

18 ‘‘(7) RAILWAY CROSSINGS.— 

19 ‘‘(A) IN GENERAL.—For the railway cross20 ings program, an amount determined for the 

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

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

23 for the railway crossings program for all States 

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

25 2023 through 2026. 


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1 ‘‘(C) STATE SHARE.— 

2 ‘‘(i) IN GENERAL.—For each fiscal 

3 year, the Secretary shall distribute among 

4 the States the amount for the railway 

5 crossings program under subparagraph (B) 

6 as follows: 

7 ‘‘(I) 50 percent of the amount for 

8 a fiscal year shall be apportioned to 

9 States by the formula set forth in sec10 tion 104(b)(3)(A) (as in effect on the 

11 day before the date of enactment of 

12 MAP–21). 

13 ‘‘(II) 50 percent of the amount 

14 for a fiscal year shall be apportioned 

15 to States in the ratio that total public 

16 railway-highway crossings in each 

17 State bears to the total of such cross18 ings in all States. 

19 ‘‘(ii) MINIMUM APPORTIONMENT.— 

20 Notwithstanding clause (i), for each fiscal 

21 year, each State shall receive a minimum 

22 of one-half of 1 percent of the total 

23 amount for the railway crossings program 

24 for such fiscal year under subparagraph 

25 (B). 


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1 ‘‘(8) PREDISASTER MITIGATION PROGRAM.— 

2 For the predisaster mitigation program, 2.96 per3 cent of the amount remaining after distributing 

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

5 ‘‘(9) CARBON POLLUTION REDUCTION PRO6 GRAM.—For the carbon pollution reduction program, 

7 3.95 percent of the amount remaining after distrib8 uting amounts under paragraphs (4), (6), (7), and 

9 (10). 

10 ‘‘(10) CLEAN CORRIDORS.— 

11 ‘‘(A) IN GENERAL.—For the clean cor12 ridors program, an amount determined for the 

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

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

15 for the clean corridors program for all States 

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

17 2023 through 2026. 

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

19 the Secretary shall distribute among the States 

20 the total amount for the clean corridors pro21 gram under subparagraph (B) so that each 

22 State receives the amount equal to the propor23 tion that— 


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1 ‘‘(i) the total base apportionment de2 termined for the State under subsection 

3 (c); bears to 

4 ‘‘(ii) the total base apportionments for 

5 all States under subsection (c). 

6 ‘‘(c) CALCULATION OF AMOUNTS.— 

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

8 2023 through 2026, the amount for each State shall 

9 be determined as follows: 

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

11 amounts for each State shall be determined by 

12 multiplying— 

13 ‘‘(i) each of— 

14 ‘‘(I) the base apportionment; and 

15 ‘‘(II) supplemental funds re16 served under subsection (h)(1) for the 

17 highway safety improvement program; 

18 by 

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

20 shall be equal to the proportion that— 

21 ‘‘(I) the amount of apportion22 ments that the State received for fis23 cal year 2020; bears to 


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1 ‘‘(II) the amount of those appor2 tionments received by all States for 

3 fiscal year 2020. 

4 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 

5 initial amounts resulting from the calculation 

6 under subparagraph (A) shall be adjusted to 

7 ensure that each State receives an aggregate 

8 apportionment equal to at least 95 percent of 

9 the estimated tax payments attributable to 

10 highway users in the State paid into the High11 way Trust Fund (other than the Mass Transit 

12 Account) in the most recent fiscal year for 

13 which data are available. 

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

15 of fiscal years 2023 through 2026, the Secretary 

16 shall apportion the sums authorized to be appro17 priated for expenditure on the covered programs in 

18 accordance with paragraph (1).’’; 

19 (3) in subsection (d)(1)(A)— 

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

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

22 ‘‘subsection (b)(6)’’; and 

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

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

25 ‘‘subsection (b)(6)’’; and 


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

3 ‘‘(h) SUPPLEMENTAL FUNDS.— 

4 ‘‘(1) AMOUNT.—Before making an apportion5 ment for a fiscal year under subsection (c), the Sec6 retary shall reserve for the highway safety improve7 ment program under section 148 $500,000,000 for 

8 each of fiscal years 2023 through 2026 for the pur9 pose of the safe streets set-aside under section 

10 148(m). 

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

12 under paragraph (1) and apportioned to a State 

13 under subsection (c) shall be treated as if appor14 tioned under subsection (b)(3), and shall be in addi15 tion to amounts apportioned under such subsection. 

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

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

18 apportionment’ means— 

19 ‘‘(A) the combined amount authorized for 

20 the covered programs; minus 

21 ‘‘(B) the supplemental funds reserved 

22 under subsection (h) for the highway safety im23 provement program. 

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

25 programs’ means— 


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1 ‘‘(A) the national highway performance 

2 program under section 119; 

3 ‘‘(B) the surface transportation program 

4 under section 133; 

5 ‘‘(C) the highway safety improvement pro6 gram under section 148; 

7 ‘‘(D) the congestion mitigation and air 

8 quality improvement program under section 

9 149; 

10 ‘‘(E) the national highway freight program 

11 under section 167; 

12 ‘‘(F) metropolitan planning under section 

13 134; 

14 ‘‘(G) the railway crossings program under 

15 section 130; 

16 ‘‘(H) the predisaster mitigation program 

17 under section 124; 

18 ‘‘(I) the carbon pollution reduction pro19 gram under section 171; and 

20 ‘‘(J) the clean corridors program under 

21 section 151.’’. 

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

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

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

25 and 


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

2 ‘‘(5)(D),’’. 

3 (c) METROPOLITAN TRANSPORTATION PLANNING; 

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

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

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

7 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR8 TATION PLANNING.—Section 135(i) of title 23, United 

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

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

11 104(b)(6)’’. 

12 (e) METROPOLITAN TRANSPORTATION PLANNING; 

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

14 Code, is amended by striking ‘‘section 104(b)(5)’’ and in15 serting ‘‘section 104(b)(6)’’. 

16 SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 

17 FUND. 

18 Section 105 of title 23, United States Code, is 

19 amended— 

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

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

22 (2) in subsection (c)— 

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

24 appropriated’’ each place it appears; and 

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


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1 ‘‘(4) SPECIAL RULE.— 

2 ‘‘(A) ADJUSTMENT.—In making an adjust3 ment under paragraph (1) for an allocation, 

4 reservation, or set-aside from an amount au5 thorized from the Highway Account or Mass 

6 Transit Account described in subparagraph (B), 

7 the Secretary shall— 

8 ‘‘(i) determine the ratio that— 

9 ‘‘(I) the amount authorized to be 

10 appropriated for the allocation, res11 ervation, or set-aside from the account 

12 for the fiscal year; bears to 

13 ‘‘(II) the total amount authorized 

14 to be appropriated for such fiscal year 

15 for all programs under such account; 

16 ‘‘(ii) multiply the ratio determined 

17 under clause (i) by the amount of the ad18 justment determined under subsection 

19 (b)(1)(B); and 

20 ‘‘(iii) adjust the amount that the Sec21 retary would have allocated for the alloca22 tion, reservation, or set-aside for such fis23 cal year but for this section by the amount 

24 calculated under clause (ii). 


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1 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND

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

3 set-asides described in this subparagraph are— 

4 ‘‘(i) from the amount made available 

5 for a fiscal year for the Federal lands 

6 transportation program under section 203, 

7 the amounts allocated for a fiscal year for 

8 the National Park Service, the United 

9 States Fish and Wildlife Service, the 

10 United States Forest Service, the Corps of 

11 Engineers, the Bureau of Land Manage12 ment, the Bureau of Reclamation, and 

13 independent Federal agencies with natural 

14 resource and land management responsibil15 ities; 

16 ‘‘(ii) the amount made available for 

17 the Puerto Rico highway program under 

18 section 165(a)(1); 

19 ‘‘(iii) the amount made available for 

20 the territorial highway program under sec21 tion 165(a)(2); 

22 ‘‘(iv) from the amounts made avail23 able for a fiscal year for the urbanized 

24 areas formula grants under section 5307 

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1 cal year for the passenger ferry grant pro2 gram under section 5307(h) of such title; 

3 ‘‘(v) from the amounts made available 

4 for a fiscal year for the formula grants for 

5 rural areas under section 5311 of such 

6 title, the amounts allocated for a fiscal 

7 year for public transportation on Indian 

8 reservations; 

9 ‘‘(vi) from the amounts made avail10 able for a fiscal year for the public trans11 portation innovation program under sec12 tion 5312 of such title— 

13 ‘‘(I) the amounts allocated for 

14 the zero emission vehicle component 

15 assessment under section 5312(h) of 

16 such title; and 

17 ‘‘(II) the amounts allocated for 

18 the transit cooperative research pro19 gram under section 5312(i) of such 

20 title; 

21 ‘‘(vii) from the amounts made avail22 able for a fiscal year for the technical as23 sistance and workforce development pro24 gram of section 5314 of such title, the 

25 amounts allocated for the national transit 


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1 institute under section 5314(c) of such 

2 title; 

3 ‘‘(viii) from the amounts made avail4 able for a fiscal year for the bus and bus 

5 facilities program under section 5339 of 

6 such title, the amounts allocated for a fis7 cal year for the zero emission grants under 

8 section 5339(c) of such title; 

9 ‘‘(ix) the amounts made available for 

10 growing States under section 5340(c) of 

11 such title; and 

12 ‘‘(x) the amounts made available for 

13 high density states under section 5340(d) 

14 of such title.’’; 

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

16 5324 of title 49’’ after ‘‘section 125’’; 

17 (4) in subsection (e)— 

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

19 inserting ‘‘For fiscal year 2023 and each fiscal 

20 year thereafter, there is authorized’’; and 

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

22 2017 through 2020’’; and 

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

24 1102 or 3018 of the FAST Act’’ and inserting ‘‘any 

25 other provision of law’’. 


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1 SEC. 1106. TRANSPARENCY. 

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

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

4 and inserting the following: 

5 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND

6 ACCOUNTABILITY REPORTS.— 

7 ‘‘(1) REQUIREMENT.— 

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

9 compile data in accordance with this subsection 

10 on the use of Federal-aid highway funds made 

11 available under this title. 

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

13 compiled under subparagraph (A) shall be in a 

14 user friendly format that can be searched, 

15 downloaded, disaggregated, and filtered by data 

16 category. 

17 ‘‘(2) PROJECT DATA.— 

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

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

21 the Department of Transportation a report that 

22 describes— 

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

24 within each State during such fiscal year, 

25 including in which congressional district or 

26 districts such project is located; 


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

2 ‘‘(iii) the amount of Federal funding 

3 obligated for such project; 

4 ‘‘(iv) the program or programs from 

5 which Federal funds have been obligated 

6 for such project; 

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

8 an area of the State with a population of— 

9 ‘‘(I) less than 5,000 individuals; 

10 ‘‘(II) 5,000 or more individuals 

11 but less than 50,000 individuals; 

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

13 but less than 200,001 individuals; or 

14 ‘‘(IV) greater than 200,000 indi15 viduals; 

16 ‘‘(vi) whether such project is located 

17 in an area of persistent poverty; 

18 ‘‘(vii) the type of improvement being 

19 made by such project, including catego20 rizing such project as— 

21 ‘‘(I) a road reconstruction 

22 project; 

23 ‘‘(II) a new road construction 

24 project; 


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1 ‘‘(III) a new bridge construction 

2 project; 

3 ‘‘(IV) a bridge rehabilitation 

4 project; or 

5 ‘‘(V) a bridge replacement 

6 project; and 

7 ‘‘(viii) the functional classification of 

8 the roadway on which such project is lo9 cated. 

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

11 the data made available under subparagraph 

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

13 website of the Department of Transportation an 

14 interactive map that displays, for each active 

15 project, the information described in clauses (i) 

16 through (v) of subparagraph (A). 

17 ‘‘(3) STATE DATA.— 

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

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

21 Federal-aid highway funds apportioned and al22 located to each State under this title, includ23 ing— 

24 ‘‘(i) the amount of funding available 

25 for obligation by the State, including prior 


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1 unobligated balances, at the start of the 

2 fiscal year; 

3 ‘‘(ii) the amount of funding obligated 

4 by the State during such fiscal year; 

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

7 the end of such fiscal year; and 

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

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

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

13 apportioned and allocated program for 

14 which the State received funding under 

15 this title; 

16 ‘‘(ii) the amount of funding trans17 ferred between programs by the State dur18 ing the fiscal year using the authority pro19 vided under section 126; and 

20 ‘‘(iii) the amount and program cat21 egory of Federal funds exchanged as de22 scribed in section 106(g)(6). 

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

24 ‘‘(A) ACTIVE PROJECT.— 


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1 ‘‘(i) IN GENERAL.—The term ‘active 

2 project’ means a Federal-aid highway 

3 project using funds made available under 

4 this title on which those funds were obli5 gated or expended during the fiscal year 

6 for which the estimated total cost as of the 

7 start of construction is greater than 

8 $5,000,000. 

9 ‘‘(ii) EXCLUSION.—The term ‘active 

10 project’ does not include any project for 

11 which funds are transferred to agencies 

12 other than the Federal Highway Adminis13 tration. 

14 ‘‘(B) INTERACTIVE MAP.—The term ‘inter15 active map’ means a map displayed on the pub16 lic website of the Department of Transportation 

17 that allows a user to select and view informa18 tion for each active project, State, and congres19 sional district. 

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

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

22 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 

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

24 (1) in subsection (g)— 


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1 (A) in paragraph (4) by striking subpara2 graph (B) and inserting the following: 

3 ‘‘(B) ASSISTANCE TO STATES.—The Sec4 retary shall— 

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

6 to make the determination required under 

7 subparagraph (A); and 

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

9 other assistance to States and subrecipi10 ents as needed to ensure that projects ad11 ministered by subrecipients comply with 

12 the requirements of this title. 

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

14 shall review, not less frequently than every 2 

15 years, the monitoring of subrecipients by the 

16 States.’’; and 

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

18 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO19 GRAMS.— 

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

21 subrecipient to exchange Federal funds pro22 vided under this title that are allocated to such 

23 subrecipient for State or local funds, the State 

24 must certify to the Secretary that the State— 


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1 ‘‘(i) has prevailing wage requirements 

2 that are comparable to the requirements 

3 under section 113 that apply to the use of 

4 such State or local funds; and 

5 ‘‘(ii) shall ensure that the prevailing 

6 wage requirements described in clause (i) 

7 apply to the use of such State or local 

8 funds. 

9 ‘‘(B) APPLICABILITY.—The requirements 

10 of this paragraph shall apply only if the re11 quirements of section 113 would be applicable 

12 to a covered project if such project was carried 

13 out using Federal funds. 

14 ‘‘(C) COVERED PROJECT DEFINED.—In 

15 this paragraph, the term ‘covered project’ 

16 means a project carried out with exchanged 

17 State or local funds as described in subpara18 graph (A).’’; 

19 (2) in subsection (h)(3)— 

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

21 determined by the Secretary,’’; and 

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

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

24 proposed to be advanced as a public-private 

25 partnership, shall include a detailed value for 


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1 money analysis or comparable analysis to deter2 mine’’; and 

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

4 ‘‘(k) MEGAPROJECTS.— 

5 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT

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

7 megaproject, the recipient of Federal financial as8 sistance under this title for such megaproject shall 

9 submit to the Secretary a comprehensive risk man10 agement plan that contains— 

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

12 the recipient will identify, quantify, and monitor 

13 the risks, including natural hazards, that might 

14 result in cost overruns, project delays, reduced 

15 construction quality, or reductions in benefits 

16 with respect to the megaproject; 

17 ‘‘(B) examples of mechanisms the recipient 

18 will use to track risks identified pursuant to 

19 subparagraph (A); 

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

21 ‘‘(D) such assurances as the Secretary de22 termines appropriate that the recipient shall, 

23 with respect to the megaproject— 

24 ‘‘(i) regularly submit to the Secretary 

25 updated cost estimates; and 


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1 ‘‘(ii) maintain and regularly reassess 

2 financial reserves for addressing known 

3 and unknown risks. 

4 ‘‘(2) PEER REVIEW GROUP.— 

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

6 days after the date on which a megaproject is 

7 authorized for construction, the recipient of 

8 Federal financial assistance under this title for 

9 such megaproject shall establish a peer review 

10 group for such megaproject that consists of at 

11 least 5 individuals (including at least 1 indi12 vidual with project management experience) to 

13 give expert advice on the scientific, technical, 

14 and project management aspects of the 

15 megaproject. 

16 ‘‘(B) MEMBERSHIP.— 

17 ‘‘(i) IN GENERAL.—Not later than 

18 180 days after the date of enactment of 

19 this subsection, the Secretary shall estab20 lish guidelines describing how a recipient 

21 described in subparagraph (A) shall— 

22 ‘‘(I) recruit and select members 

23 for a peer review group established 

24 under such subparagraph; and 


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1 ‘‘(II) make publicly available the 

2 criteria for such selection and identify 

3 the members so selected. 

4 ‘‘(ii) CONFLICT OF INTEREST.—No 

5 member of a peer review group for a 

6 megaproject may have a direct or indirect 

7 financial interest in such megaproject. 

8 ‘‘(C) TASKS.—A peer review group estab9 lished under subparagraph (A) by a recipient of 

10 Federal financial assistance for a megaproject 

11 shall— 

12 ‘‘(i) meet annually until completion of 

13 the megaproject; 

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

15 date of the establishment of the peer re16 view group and not later than 90 days 

17 after the date of any significant change, as 

18 determined by the Secretary, to the scope, 

19 schedule, or budget of the megaproject, re20 view the scope, schedule, and budget of the 

21 megaproject, including planning, engineer22 ing, financing, and any other elements de23 termined appropriate by the Secretary; and 


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1 ‘‘(iii) submit to the Secretary, Con2 gress, and such recipient a report on the 

3 findings of each review under clause (ii). 

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

5 after the submission of a report under paragraph 

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

7 of the Department of Transportation such report. 

8 ‘‘(4) MEGAPROJECT DEFINED.—In this sub9 section, the term ‘megaproject’ means a project 

10 under this title that has an estimated total cost of 

11 $2,000,000,000 or more, and such other projects as 

12 may be identified by the Secretary. 

13 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 

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

15 shall publish on the website of the Department of 

16 Transportation a copy of all letters of interest, pro17 posals, workplans, and reports related to the special 

18 experimental project authority pursuant to section 

19 502(b). The Secretary shall redact confidential busi20 ness information, as necessary, from any such infor21 mation published. 

22 ‘‘(2) NOTIFICATION.—Not later than 3 days be23 fore making a determination to proceed with an ex24 periment under a letter of interest described in para25 graph (1), the Secretary shall provide notification 


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1 and a description of the proposed experiment to the 

2 Committee on Transportation and Infrastructure of 

3 the House of Representatives and the Committee on 

4 Environment and Public Works of the Senate. 

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

6 years after the date of enactment of the INVEST in 

7 America Act, the Secretary shall submit to the Com8 mittee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on En10 vironment and Public Works of the Senate a report 

11 that includes— 

12 ‘‘(A) a summary of each experiment de13 scribed in this subsection carried out over the 

14 previous 5 years; and 

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

16 based on the findings of such experiments. 

17 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT

18 AND ACCOUNTABILITY.— 

19 ‘‘(1) IN GENERAL.—To ensure the account20 ability and oversight of the discretionary grant selec21 tion process administered by the Secretary, a cov22 ered program shall be subject to the requirements of 

23 this section, in addition to the requirements applica24 ble to each covered program. 


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

2 shall— 

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

4 use to summarize— 

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

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

7 considerations established for the applica8 ble covered program; 

9 ‘‘(B) create a data driven process to evalu10 ate, as set forth in the covered program, each 

11 eligible project for which an application is re12 ceived; and 

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

14 evaluation made pursuant to subparagraph (B), 

15 on any ratings, rankings, scores, or similar 

16 metrics for applications made to the covered 

17 program. 

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

19 than 15 days before making a grant for a covered 

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

21 Committee on Transportation and Infrastructure of 

22 the House of Representatives and the Committee on 

23 the Environment and Public Works of the Senate 

24 of— 


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

2 to be selected; 

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

4 ‘‘(C) for each application, the determina5 tion made under paragraph (2)(C); and 

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

7 each award proposed to be selected. 

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

9 than 30 days after making a grant for a project 

10 under a covered program, the Secretary shall send 

11 to all applicants under such covered program, and 

12 publish on the website of the Department of Trans13 portation— 

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

15 to the covered program for the given round of 

16 funding; and 

17 ‘‘(B) the evaluation and justification for 

18 the project selection, including all ratings, 

19 rankings, scores, or similar metrics for applica20 tions made to the covered program for the given 

21 round of funding during each phase of the 

22 grant selection process. 

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

24 at the request of a grant applicant of a covered pro25 gram, 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 ‘‘(6) TEMPLATE.—The Secretary shall, to the 

4 extent practicable, develop a template as described 

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

6 administered by the Secretary that is not a covered 

7 program. 

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

9 ‘covered program’ means each of the following dis10 cretionary grant programs: 

11 ‘‘(A) Community climate innovation grants 

12 under section 172. 

13 ‘‘(B) Federal lands and tribal major 

14 projects grants under section 208. 

15 ‘‘(C) Mobility through advanced tech16 nologies grants under section 503(c)(4). 

17 ‘‘(D) Rebuild rural bridges program under 

18 section 1307 of the INVEST in America Act. 

19 ‘‘(E) Parking for commercial motor vehicle 

20 grants under section 1308 of the INVEST in 

21 America Act. 

22 ‘‘(F) Active connected transportation 

23 grants under section 1309 of the INVEST in 

24 America Act. 


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1 ‘‘(G) Wildlife crossings grants under sec2 tion 1310 of the INVEST in America Act. 

3 ‘‘(H) Reconnecting neighborhoods capital 

4 construction grants under section 1311(d) of 

5 the INVEST in America Act.’’. 

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

7 1 year after the date of enactment of this Act, the Comp8 troller General of the United States shall submit to Con9 gress a report that— 

10 (1) analyzes the consistency of determinations 

11 among division offices of the Federal Highway Ad12 ministration; and 

13 (2) makes recommendations to improve the con14 sistency of such determinations. 

15 (d) IMPROVING RISK BASED STEWARDSHIP AND

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

17 enactment of this Act, the Administrator of the Federal 

18 Highway Administration shall reference U.S. DOT Office 

19 of Inspector General Report No. ST2020035 and take the 

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

21 stewardship and oversight of the Federal Highway Admin22 istration: 

23 (1) Update and implement Federal Highway 

24 Administration guidance for risk-based project in25 volvement to clarify the requirements for its project 


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1 risk-assessment process, including expectations for 

2 conducting and documenting the risk assessment 

3 and criteria to guide the reevaluation of project 

4 risks. 

5 (2) Identify and notify division offices of the 

6 Federal Highway Administration about sources of 

7 information that can inform the project risk-assess8 ment process. 

9 (3) Update and implement Federal Highway 

10 Administration guidance for risk-based project in11 volvement to clarify how the link between elevated 

12 risks and associated oversight activities, changes to 

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

14 involvement should be documented in project over15 sight plans. 

16 (4) Develop and implement a process to rou17 tinely monitor the implementation and evaluate the 

18 effectiveness of Federal Highway Administration 

19 risk-based project involvement. 

20 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 

21 DESIGN. 

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

23 States Code, is amended— 

24 (1) in subsection (a)— 


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

2 future traffic of the highway in a manner that 

3 is conducive to’’ and inserting ‘‘future oper4 ational performance of the facility in a manner 

5 that enhances’’; and 

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

7 into consideration context sensitive design prin8 ciples’’ after ‘‘each locality’’; 

9 (2) in subsection (b)— 

10 (A) by striking ‘‘The geometric’’ and in11 serting ‘‘DESIGN CRITERIA FOR THE INTER12 STATE SYSTEM.—The geometric’’; and 

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

14 traffic anticipated for such project for the twen15 ty-year period commencing on the date of ap16 proval by the Secretary, under section 106 of 

17 this title, of the plans, specifications, and esti18 mates for actual construction of such project’’ 

19 and inserting ‘‘the existing and future oper20 ational performance of the facility’’; 

21 (3) in subsection (c)(1)— 

22 (A) in subparagraph (C) by striking ‘‘; 

23 and’’ and inserting a semicolon; 

24 (B) in subparagraph (D) by striking the 

25 period and inserting ‘‘; and’’; and 


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

2 ‘‘(E) context sensitive design principles.’’; 

3 (4) by striking subsection (o) and inserting the 

4 following: 

5 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON6 NHS PROJECTS.— 

7 ‘‘(1) IN GENERAL.—Projects (other than high8 way projects on the National Highway System) 

9 shall— 

10 ‘‘(A) be designed, constructed, operated, 

11 and maintained in accordance with State laws, 

12 regulations, directives, safety standards, design 

13 standards, and construction standards; and 

14 ‘‘(B) take into consideration context sen15 sitive design principles. 

16 ‘‘(2) DESIGN FLEXIBILITY.— 

17 ‘‘(A) IN GENERAL.— 

18 ‘‘(i) IN GENERAL.—A local jurisdic19 tion may select the most appropriate de20 sign publication for the roadway context in 

21 which the local jurisdiction is located for 

22 the design of a project on a roadway (other 

23 than a highway on the National Highway 

24 System) if— 


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1 ‘‘(I) the local jurisdiction pro2 vides notification and justification of 

3 the use of such design publication to 

4 any State in which the project is lo5 cated; and 

6 ‘‘(II) the design complies with all 

7 other applicable Federal and State 

8 laws. 

9 ‘‘(ii) REVIEW.—If a State rejects a 

10 local jurisdiction’s selection of a design 

11 publication under this subparagraph, the 

12 local jurisdiction may submit notification 

13 and justification of such use to the Sec14 retary. The Secretary shall make a deter15 mination to approve or deny such submis16 sion not later than 90 days after receiving 

17 such submission. 

18 ‘‘(B) STATE-OWNED ROADS.—In the case 

19 of a roadway under the ownership of the State, 

20 the local jurisdiction may select the most appro21 priate design publication only with the concur22 rence of the State. 

23 ‘‘(C) PROGRAMMATIC BASIS.—The Sec24 retary may consider the use of a design publicaVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tion under this paragraph on a programmatic 

2 basis.’’; and 

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

4 ‘‘(s) CONTEXT SENSITIVE DESIGN.— 

5 ‘‘(1) CONTEXT SENSITIVE DESIGN PRIN6 CIPLES.—The Secretary shall consult with State and 

7 local officials prior to approving any roadway design 

8 publications under this section to ensure that the de9 sign publications provide adequate flexibility for a 

10 project sponsor to select the appropriate design of a 

11 roadway, consistent with context sensitive design 

12 principles. 

13 ‘‘(2) POLICIES OR PROCEDURES.— 

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

15 after the Secretary publishes the final guidance 

16 described in paragraph (3), each State shall 

17 adopt policies or procedures to evaluate the con18 text of a proposed roadway and select the ap19 propriate design, consistent with context sen20 sitive design principles. 

21 ‘‘(B) LOCAL GOVERNMENTS.—The Sec22 retary and States shall encourage local govern23 ments to adopt policies or procedures described 

24 under subparagraph (A). 


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1 ‘‘(C) CONSIDERATIONS.—The policies or 

2 procedures developed under this paragraph 

3 shall take into consideration the guidance devel4 oped by the Secretary under paragraph (3). 

5 ‘‘(3) GUIDANCE.— 

6 ‘‘(A) IN GENERAL.— 

7 ‘‘(i) NOTICE.—Not later than 1 year 

8 after the date of enactment of this sub9 section, the Secretary shall publish guid10 ance on the official website of the Depart11 ment of Transportation on context sen12 sitive design. 

13 ‘‘(ii) PUBLIC REVIEW AND COM14 MENT.—The guidance described in this 

15 paragraph shall be finalized following an 

16 opportunity for public review and com17 ment. 

18 ‘‘(iii) UPDATE.—The Secretary shall 

19 periodically update the guidance described 

20 in this paragraph, including the model 

21 policies or procedures described under sub22 paragraph (B)(v). 

23 ‘‘(B) CONTENTS.—The guidance described 

24 in this paragraph shall— 


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1 ‘‘(i) provide best practices for States, 

2 metropolitan planning organizations, re3 gional transportation planning organiza4 tions, local governments, or other project 

5 sponsors to implement context sensitive de6 sign principles; 

7 ‘‘(ii) identify opportunities to modify 

8 planning, scoping, design, and development 

9 procedures to more effectively combine 

10 modes of transportation into integrated fa11 cilities that meet the needs of each of such 

12 modes of transportation in an appropriate 

13 balance; 

14 ‘‘(iii) identify metrics to assess the 

15 context of the facility, including sur16 rounding land use or roadside characteris17 tics; 

18 ‘‘(iv) assess the expected operational 

19 and safety performance of facility design; 

20 and 

21 ‘‘(v) establish model policies or proce22 dures, consistent with the findings of such 

23 guidance, for a State or other project spon24 sor to evaluate the context of a proposed 


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1 facility and select the appropriate facility 

2 design for the context. 

3 ‘‘(C) TOPICS OF EMPHASIS.—In addition 

4 to the contents in subparagraph (B), the guid5 ance shall emphasize— 

6 ‘‘(i) procedures for identifying the 

7 needs of users of all ages and abilities of 

8 a particular roadway; 

9 ‘‘(ii) procedures for identifying the 

10 types and designs of facilities needed to 

11 serve various modes of transportation; 

12 ‘‘(iii) safety and other benefits pro13 vided by carrying out context sensitive de14 sign principles; 

15 ‘‘(iv) common barriers to carrying out 

16 context sensitive design principles; 

17 ‘‘(v) procedures for overcoming the 

18 most common barriers to carrying out con19 text sensitive design principles; 

20 ‘‘(vi) procedures for identifying the 

21 costs associated with carrying out context 

22 sensitive design principles; 

23 ‘‘(vii) procedures for maximizing local 

24 cooperation in the introduction of context 


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1 sensitive design principles and carrying out 

2 those principles; and 

3 ‘‘(viii) procedures for assessing and 

4 modifying the facilities and operational 

5 characteristics of existing roadways to im6 prove consistency with context sensitive de7 sign principles. 

8 ‘‘(4) FUNDING.—Amounts made available 

9 under sections 104(b)(6) and 505 of this title may 

10 be used for States, local governments, metropolitan 

11 planning organizations, or regional transportation 

12 planning organizations to adopt policies or proce13 dures to evaluate the context of a proposed roadway 

14 and select the appropriate design, consistent with 

15 context sensitive design principles.’’. 

16 (b) CONFORMING AMENDMENT.—Section 1404(b) of 

17 the FAST Act (23 U.S.C. 109 note) is repealed. 

18 SEC. 1108. FEDERAL SHARE. 

19 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 

20 United States Code, is amended— 

21 (1) by striking clauses (i) and (ii) and inserting 

22 the following: 

23 ‘‘(i) prefabricated bridge elements and 

24 systems, innovative materials, and other 

25 technologies to reduce bridge construction 


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1 time, extend service life, and reduce preser2 vation costs, as compared to conventionally 

3 designed and constructed bridges; 

4 ‘‘(ii) innovative construction equip5 ment, materials, techniques, or practices, 

6 including the use of in-place recycling tech7 nology, digital 3-dimensional modeling 

8 technologies, and advanced digital con9 struction management systems;’’; 

10 (2) by redesignating clause (vi) as clause (ix); 

11 (3) in clause (v) by striking ‘‘or’’ at the end; 

12 and 

13 (4) by inserting after clause (v) the following: 

14 ‘‘(vi) innovative pavement materials 

15 that demonstrate reductions in— 

16 ‘‘(I) greenhouse gas emissions 

17 through sequestration or innovative 

18 manufacturing processes; or 

19 ‘‘(II) local air pollution, 

20 stormwater runoff, or noise pollution; 

21 ‘‘(vii) innovative culvert materials that 

22 are made with recycled content and dem23 onstrate reductions in greenhouse gas 

24 emissions; 


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1 ‘‘(viii) contractual provisions that pro2 vide safety contingency funds to incor3 porate safety enhancements to work zones 

4 prior to or during roadway construction 

5 and maintenance activities; or’’. 

6 (b) ENVIRONMENTAL JUSTICE COMMUNITIES.—Sec7 tion 120(c) of title 23, United States Code, is amended 

8 by adding at the end the following: 

9 ‘‘(4) ENVIRONMENTAL JUSTICE COMMU10 NITIES.—The Federal share payable on account of a 

11 project, program, or activity carried out with funds 

12 apportioned under section 104(b)(5) may be in13 creased by up to 10 percent, up to 100 percent of 

14 the total project cost of any such project, program, 

15 or activity that the Secretary determines benefits an 

16 environmental justice community through reducing 

17 adverse environmental exposures that may dis18 proportionately impact such communities.’’. 

19 (c) TECHNICAL AMENDMENT.—Section 107(a)(2) of 

20 title 23, United States Code, is amended by striking ‘‘sub21 section (c) of’’. 

22 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

23 FUNDS. 

24 Section 126(b) of title 23, United States Code, is 

25 amended— 


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1 (1) in the heading by inserting ‘‘AND PRO2 GRAMS’’ after ‘‘SET-ASIDES’’; 

3 (2) in paragraph (1) by striking ‘‘and 

4 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 

5 133(h), 148(m), 149, 151(f), and 171’’; and 

6 (3) by striking paragraph (2) and inserting the 

7 following: 

8 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With re9 spect to an apportionment under either paragraph 

10 (4) or paragraph (9) of section 104(b), and notwith11 standing paragraph (1), a State may only transfer 

12 not more than 50 percent from the amount of the 

13 apportionment of either such paragraph to the ap14 portionment under the other such paragraph in a 

15 fiscal year.’’. 

16 SEC. 1110. TOLLING. 

17 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER18 RIES.—Section 129 of title 23, United States Code, is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) by striking paragraph (1) and insert22 ing the following: 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) AUTHORIZATION.—Subject to the 

25 provisions of this section, Federal participation 


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1 shall be permitted on the same basis and in the 

2 same manner as construction of toll-free high3 ways is permitted under this chapter in the— 

4 ‘‘(i) initial construction of a toll high5 way, bridge, or tunnel or approach to the 

6 highway, bridge, or tunnel; 

7 ‘‘(ii) initial construction of 1 or more 

8 lanes or other improvements that increase 

9 capacity of a highway, bridge, or tunnel 

10 (other than a highway on the Interstate 

11 System) and conversion of that highway, 

12 bridge, or tunnel to a tolled facility, if the 

13 number of toll-free lanes, excluding auxil14 iary lanes, after the construction is not less 

15 than the number of toll-free lanes, exclud16 ing auxiliary lanes, before the construction; 

17 ‘‘(iii) initial construction of 1 or more 

18 lanes or other improvements that increase 

19 the capacity of a highway, bridge, or tun20 nel on the Interstate System and conver21 sion of that highway, bridge, or tunnel to 

22 a tolled facility, if the number of toll-free 

23 non-HOV lanes, excluding auxiliary lanes, 

24 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 or that operates a highway, 

12 bridge, or tunnel shall enter into an agree13 ment with the Secretary to ensure compli14 ance with the requirements of this sub15 section. 

16 ‘‘(ii) APPLICABILITY.— 

17 ‘‘(I) IN GENERAL.—The require18 ments of this subparagraph shall 

19 apply to— 

20 ‘‘(aa) Federal participation 

21 under subparagraph (A); 

22 ‘‘(bb) any prior Federal par23 ticipation in the facility proposed 

24 to be tolled; and 


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1 ‘‘(cc) conversion, with or 

2 without Federal participation, of 

3 a non-tolled lane on the National 

4 Highway System to a toll facility 

5 under subparagraph (E). 

6 ‘‘(II) HOV FACILITY.—Except as 

7 otherwise provided in this subsection 

8 or section 166, the provisions of this 

9 paragraph shall not apply to a high 

10 occupancy vehicle facility. 

11 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap12 proval by the Secretary of an agreement to 

13 toll under this paragraph shall be consid14 ered a major Federal action under the Na15 tional Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.). 

17 ‘‘(C) AGREEMENT CONDITIONS.—Prior to 

18 entering into an agreement to toll under sub19 paragraph (B), the public authority shall certify 

20 to the Secretary that— 

21 ‘‘(i) the public authority has estab22 lished procedures to ensure the toll meets 

23 the purposes and requirements of this sub24 section; 


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1 ‘‘(ii) the toll facility shall provide for 

2 access at no cost to public transportation 

3 vehicles and over-the-road buses serving 

4 the public; and 

5 ‘‘(iii) the toll facility shall provide for 

6 the regional interoperability of electronic 

7 toll collection, including through tech8 nologies or business practices. 

9 ‘‘(D) CONSIDERATION OF IMPACTS.— 

10 ‘‘(i) IN GENERAL.—Prior to entering 

11 into an agreement to toll under subpara12 graph (B), the Secretary shall ensure the 

13 public authority has adequately considered, 

14 including by providing an opportunity for 

15 public comment, the following factors with16 in the corridor: 

17 ‘‘(I) Congestion impacts on both 

18 the toll facility and in the corridor or 

19 cordon (including adjacent toll-free fa20 cilities). 

21 ‘‘(II) In the case of a non-attain22 ment or maintenance area, air quality 

23 impacts. 


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1 ‘‘(III) Planned investments to 

2 improve public transportation or other 

3 non-tolled alternatives in the corridor. 

4 ‘‘(IV) Environmental justice and 

5 equity impacts. 

6 ‘‘(V) Impacts on freight move7 ment. 

8 ‘‘(VI) Economic impacts on busi9 nesses. 

10 ‘‘(ii) CONSIDERATION IN ENVIRON11 MENTAL REVIEW.—Nothing in this sub12 paragraph shall limit a public authority 

13 from meeting the requirements of this sub14 paragraph through the environmental re15 view process, as applicable. 

16 ‘‘(E) CONGESTION PRICING.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 may authorize conversion of a non-tolled 

19 lane on the National Highway System to a 

20 toll facility to utilize pricing to manage the 

21 demand to use the toll facility by varying 

22 the toll amount that is charged. 

23 ‘‘(ii) REQUIREMENT.—Prior to enter24 ing into an agreement to convert a non25 tolled lane on the National Highway SysVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tem to a toll facility, the Secretary shall 

2 ensure (in addition to the requirements 

3 under subparagraphs (B), (C), and (D)) 

4 that such toll facility and any planned in5 vestments to improve public transportation 

6 or other non-tolled alternatives in the cor7 ridor are reasonably expected to improve 

8 mobility and efficiency in the cordon or 

9 corridor, as described in clauses (iii) and 

10 (iv). 

11 ‘‘(iii) PERFORMANCE MONITORING.— 

12 A public authority that enters into an 

13 agreement to convert a non-tolled lane to 

14 a toll facility under this subparagraph 

15 shall— 

16 ‘‘(I) establish, monitor, and sup17 port a performance monitoring, eval18 uation, and reporting program— 

19 ‘‘(aa) for the toll facility 

20 that provides for continuous 

21 monitoring, assessment, and re22 porting on the impacts that the 

23 pricing structure may have on 

24 the operation of the toll facility; 

25 and 


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1 ‘‘(bb) that considers the im2 pacts of congestion pricing of the 

3 toll facility on the operation of 

4 the corridor or cordon; 

5 ‘‘(II) submit to the Secretary an6 nual reports of the impacts described 

7 in subclause (I); and 

8 ‘‘(III) if the toll facility becomes 

9 degraded, as described in clause (iv), 

10 submit to the Secretary an annual up11 date that describes the actions pro12 posed to bring the toll facility into 

13 compliance and the progress made on 

14 such actions. 

15 ‘‘(iv) DETERMINATION.— 

16 ‘‘(I) DEGRADED OPERATION.— 

17 For purposes of clause (iii)(III), the 

18 operation of a toll facility shall be 

19 considered to be degraded if vehicles 

20 operating on the toll facility are fail21 ing to maintain a minimum average 

22 operating speed 90 percent of the 

23 time over a consecutive 180-day pe24 riod during peak hour periods. 


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1 ‘‘(II) CORRIDOR OR CORDON OP2 ERATION.—The public authority with 

3 jurisdiction over or that operates the 

4 toll facility shall consider options that 

5 improve public transportation or other 

6 non-tolled alternatives that improve 

7 mobility and efficiency in the corridor 

8 or cordon, including increased person 

9 or freight throughput or reduced per10 son hours of delay. 

11 ‘‘(III) DEFINITION OF MINIMUM

12 AVERAGE OPERATING SPEED.—In this 

13 subparagraph, the term ‘minimum av14 erage operating speed’ means— 

15 ‘‘(aa) 35 miles per hour, in 

16 the case of a toll facility with a 

17 speed limit of 45 miles per hour 

18 or greater; or 

19 ‘‘(bb) not more than 10 

20 miles per hour below the speed 

21 limit, in the case of a toll facility 

22 with a speed limit of less than 50 

23 miles per hour. 

24 ‘‘(IV) EFFICIENT OPERATION.— 

25 The Secretary may set efficiency and 


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1 mobility performance standards as an 

2 alternative to minimum operating 

3 speed for a toll facility if determined 

4 appropriate based on the context of 

5 such toll facility. 

6 ‘‘(v) MAINTENANCE OF OPERATING

7 PERFORMANCE.— 

8 ‘‘(I) IN GENERAL.—Not later 

9 than 180 days after the date on which 

10 a toll facility becomes degraded under 

11 clause (iv), the public authority with 

12 jurisdiction over the toll facility shall 

13 submit to the Secretary for approval a 

14 plan that details the actions the public 

15 authority will take to make significant 

16 progress toward bringing the toll facil17 ity into compliance with this subpara18 graph. 

19 ‘‘(II) NOTICE OF APPROVAL OR

20 DISAPPROVAL.—Not later than 60 

21 days after the date of receipt of a 

22 plan under subclause (I), the Sec23 retary shall provide to the public au24 thority a written notice indicating 

25 whether the Secretary has approved 


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1 or disapproved the plan based on a 

2 determination of whether the imple3 mentation of the plan will make sig4 nificant progress toward bringing the 

5 toll facility into compliance with this 

6 subparagraph. 

7 ‘‘(III) UPDATE.—Until the date 

8 on which the Secretary determines 

9 that the public authority has brought 

10 the toll facility into compliance with 

11 this subparagraph, the public author12 ity shall submit annual updates that 

13 describe— 

14 ‘‘(aa) the actions taken to 

15 bring the toll facility into compli16 ance; 

17 ‘‘(bb) any actions taken to 

18 improve the operation of the cor19 ridor or cordon; and 

20 ‘‘(cc) the progress made by 

21 those actions. 

22 ‘‘(vi) CONSULTATION OF MPO.—If a 

23 toll facility authorized under this subpara24 graph is located on the National Highway 

25 System and in a metropolitan planning 


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1 area established in accordance with section 

2 134, the public authority shall consult with 

3 the metropolitan planning organization for 

4 the area. 

5 ‘‘(vii) INCLUSION.—For the purposes 

6 of this paragraph, the corridor or cordon 

7 shall include toll-free facilities that are ad8 jacent to the toll facility.’’; 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (A)— 

11 (I) in clause (iv) by striking 

12 ‘‘and’’ at the end; and 

13 (II) by striking clause (v) and in14 serting the following: 

15 ‘‘(v) any project eligible under this 

16 title or chapter 53 of title 49 that provides 

17 an efficiency or mobility benefit in the cor18 ridor or cordon, including by increasing 

19 person or freight throughput, increasing 

20 public transportation service, or reducing 

21 person hours of delay; 

22 ‘‘(vi) toll or public transportation fare 

23 discounts, subsidies, or rebates for users of 

24 the toll facility or public transportation in 

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1 native transportation method to the toll fa2 cility or for whom the tolls or public trans3 portation fares create a financial hardship, 

4 as determined by the public authority; and 

5 ‘‘(vii) if the public authority certifies 

6 annually that the tolled facility is being 

7 adequately maintained and is not degraded 

8 as described under paragraph (1)(E), any 

9 revenues remaining after funding the ac10 tivities described in clauses (i) through (vi) 

11 shall be considered surplus revenue and 

12 may be used for any other purpose for 

13 which Federal funds may be obligated by a 

14 State under this title or chapter 53 of title 

15 49.’’; and 

16 (ii) by striking subparagraph (B) and 

17 inserting the following: 

18 ‘‘(B) TRANSPARENCY.— 

19 ‘‘(i) ANNUAL AUDIT.— 

20 ‘‘(I) IN GENERAL.—A public au21 thority with jurisdiction over a toll fa22 cility shall conduct or have an inde23 pendent auditor conduct an annual 

24 audit of toll facility records to verify 

25 adequate maintenance and compliance 


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1 with subparagraph (A), and report the 

2 results of the audits to the Secretary. 

3 ‘‘(II) RECORDS.—On reasonable 

4 notice, the public authority shall make 

5 all records of the public authority per6 taining to the toll facility available for 

7 audit by the Secretary. 

8 ‘‘(ii) USE OF REVENUES.—A State or 

9 public authority that obligates amounts 

10 under clauses (v), (vi), or (vii) of subpara11 graph (A) shall annually report to the Sec12 retary a list of activities funded with such 

13 amounts and the amount of funding pro14 vided for each such activity.’’; 

15 (C) in paragraph (8) by striking ‘‘as of the 

16 date of enactment of the MAP–21, before com17 mencing any activity authorized’’ and inserting 

18 ‘‘, before commencing any activity authorized’’; 

19 (D) in paragraph (9)— 

20 (i) by striking ‘‘bus’’ and inserting 

21 ‘‘vehicle’’; and 

22 (ii) by striking ‘‘buses’’ and inserting 

23 ‘‘vehicles’’; and 

24 (E) by striking paragraph (10) and insert25 ing the following: 


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1 ‘‘(10) INTEROPERABILITY OF ELECTRONIC

2 TOLL COLLECTION.— 

3 ‘‘(A) IN GENERAL.—All toll facilities on 

4 Federal-aid highways shall provide for the re5 gional interoperability of electronic toll collec6 tion, including through technologies or business 

7 practices. 

8 ‘‘(B) PROHIBITION ON RESTRICTION.—No 

9 State, or any political subdivision thereof, shall 

10 restrict the information that is shared across 

11 public and private toll facility operators or their 

12 agents or contractors for purposes of facili13 tating, operating, or maintaining electronic toll 

14 collection programs. 

15 ‘‘(11) NONCOMPLIANCE.—If the Secretary con16 cludes that a public authority has not complied with 

17 the requirements of this subsection, the Secretary 

18 may take such action as may be necessary to ensure 

19 compliance with this section. 

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 the tolled lanes of a highway, 

3 bridge, or tunnel or approach to the highway, 

4 bridge, or tunnel constructed or authorized to 

5 be tolled under this 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, including a high occupancy toll facility, de22 scribed in paragraph (2) shall be subject to the re23 quirements of sections 129(a) or 166 of title 23, 

24 United States Code, as applicable, as in effect on the 

25 day before the date of enactment of this Act. 


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1 (2) TOLL FACILITIES.—A toll facility, including 

2 a high occupancy toll facility, described in this sub3 section is a facility that, on the day prior to the date 

4 of enactment of this Act, was— 

5 (A) operating; 

6 (B) in the planning and design phase; or 

7 (C) in the construction phase. 

8 (3) RULE OF CONSTRUCTION.—Nothing in this 

9 subsection shall prohibit the Secretary, at the re10 quest of the public authority, from applying the re11 quirements of section 129(a) of title 23, United 

12 States Code, as amended by this Act. 

13 (e) REPORT.—Not later than 180 days after the date 

14 of enactment of this Act, the Secretary of Transportation 

15 shall submit to Congress a report on the implementation 

16 of the interoperability of toll collection as required under 

17 section 1512(b) of MAP–21, including an assessment of 

18 the progress in, and barriers to, such implementation. 

19 SEC. 1111. HOV FACILITIES. 

20 Section 166 of title 23, United States Code, is 

21 amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (4)(C)(iii) by striking 

24 ‘‘transportation buses’’ and inserting ‘‘transpor25 tation vehicles’’; 


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1 (B) in paragraph (5)(B) by striking 

2 ‘‘2019’’ and inserting ‘‘2025’’; and 

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

4 ‘‘(6) EMERGENCY VEHICLES.—The public au5 thority may allow the following vehicles to use the 

6 HOV facility if the authority establishes require7 ments for clearly identifying the vehicles: 

8 ‘‘(A) An emergency vehicle that is respond9 ing to an existing emergency. 

10 ‘‘(B) A blood transport vehicle that is 

11 transporting blood between collection points and 

12 hospitals or storage centers.’’. 

13 (2) in subsection (d)(2)(A)(i) by striking ‘‘45 

14 miles per hour, in the case of a HOV facility with 

15 a speed limit of 50 miles per hour or greater’’ and 

16 inserting ‘‘35 miles per hour, in the case of a HOV 

17 facility with a speed limit of 45 miles per hour or 

18 greater’’; 

19 (3) in subsection (d)(2)(B) by striking ‘‘morn20 ing or evening weekday peak hour periods (or both)’’ 

21 and inserting ‘‘peak hour periods’’; 

22 (4) in subsection (e)— 

23 (A) by striking ‘‘Not later than 180 days 

24 after the date of enactment of this section, the 


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1 Administrator’’ and inserting ‘‘The Adminis2 trator’’; 

3 (B) in paragraph (1) by striking ‘‘and’’ at 

4 the end; 

5 (C) in paragraph (2) by striking the period 

6 at the end and inserting ‘‘; and’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(3) not later than 180 days after the date of 

9 enactment of the INVEST in America Act, update 

10 the requirements established under paragraph (1).’’; 

11 and 

12 (5) in subsection (f)— 

13 (A) in paragraph (1)— 

14 (i) by striking subparagraphs (C), 

15 (D), and (F); and 

16 (ii) by redesignating subparagraphs 

17 (E), (G), (H), and (I) as subparagraphs 

18 (C), (D), (E), and (F), respectively; and 

19 (B) in paragraph (6)(B)(i) by striking 

20 ‘‘public entity’’ and inserting ‘‘public transpor21 tation service that is a recipient or subrecipient 

22 of funds under chapter 53 of title 49’’. 

23 SEC. 1112. BUY AMERICA. 

24 (a) IN GENERAL.—Section 313 of title 23, United 

25 States Code, is amended— 


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1 (1) in subsection (a)— 

2 (A) by striking ‘‘Notwithstanding’’ and in3 serting ‘‘IN GENERAL.—Notwithstanding’’; 

4 (B) by striking ‘‘Secretary of Transpor5 tation’’ and inserting ‘‘Secretary’’; 

6 (C) by striking ‘‘the Surface Transpor7 tation Assistance Act of 1982 (96 Stat. 2097) 

8 or’’; and 

9 (D) by striking ‘‘and manufactured prod10 ucts’’ and inserting ‘‘manufactured products, 

11 and construction materials’’; 

12 (2) in subsection (b) by inserting ‘‘DETERMINA13 TION.—’’ before ‘‘The provisions’’; 

14 (3) in subsection (c) by striking ‘‘For purposes’’ 

15 and inserting ‘‘CALCULATION.—For purposes’’; 

16 (4) in subsection (d)— 

17 (A) by striking ‘‘The Secretary of Trans18 portation’’ and inserting ‘‘REQUIREMENTS.— 

19 The Secretary’’; and 

20 (B) by striking ‘‘the Surface Transpor21 tation Assistance Act of 1982 (96 Stat. 2097) 

22 or’’; 

23 (5) in subsection (g) by inserting ‘‘or within the 

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1 thority granted by the Secretary under section 330, 

2 if applicable,’’ before ‘‘regardless of the’’; and 

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

4 ‘‘(h) WAIVER PROCEDURE.— 

5 ‘‘(1) IN GENERAL.—Not later than 120 days 

6 after the submission of a request for a waiver, the 

7 Secretary shall make a determination under para8 graph (1) or (2) of subsection (b) as to whether sub9 section (a) shall apply. 

10 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 

11 ‘‘(A) IN GENERAL.—Not later than 30 

12 days before making a determination regarding a 

13 waiver described in paragraph (1), the Sec14 retary shall provide notification and an oppor15 tunity for public comment on the request for 

16 such waiver. 

17 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

18 notification required under subparagraph (A) 

19 shall— 

20 ‘‘(i) describe whether the application 

21 is being made for a determination de22 scribed in subsection (b)(1); and 

23 ‘‘(ii) be provided to the public by elec24 tronic means, including on the public 


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1 website of the Department of Transpor2 tation. 

3 ‘‘(3) DETERMINATION.—Before a determination 

4 described in paragraph (1) takes effect, the Sec5 retary shall publish a detailed justification for such 

6 determination that addresses all public comments re7 ceived under paragraph (2)— 

8 ‘‘(A) on the public website of the Depart9 ment of Transportation; and 

10 ‘‘(B) if the Secretary issues a waiver with 

11 respect to such determination, in the Federal 

12 Register. 

13 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 

14 ‘‘(1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this subsection, and at 

16 least every 5 years thereafter, the Secretary shall re17 view any standing nationwide waiver issued by the 

18 Secretary under this section to ensure such waiver 

19 remains justified. 

20 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY

21 FOR COMMENT.— 

22 ‘‘(A) IN GENERAL.—Not later than 30 

23 days before the completion of a review under 

24 paragraph (1), the Secretary shall provide notiVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 fication and an opportunity for public comment 

2 on such review. 

3 ‘‘(B) MEANS OF NOTIFICATION.—Notifica4 tion provided under this subparagraph shall be 

5 provided by electronic means, including on the 

6 public website of the Department of Transpor7 tation. 

8 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL

9 REGISTER.—After the completion of a review under 

10 paragraph (1), the Secretary shall publish in the 

11 Federal Register a detailed justification for the de12 termination made under paragraph (1) that address13 es all public comments received under paragraph 

14 (2). 

15 ‘‘(4) CONSIDERATION.—In conducting the re16 view under paragraph (1), the Secretary shall con17 sider the study on supply chains carried out under 

18 section 1112(c) of the INVEST in America Act. 

19 ‘‘(j) REPORT.—Not later than 120 days after the last 

20 day of each fiscal year, the Secretary shall submit to the 

21 Committee on Transportation and Infrastructure of the 

22 House of Representatives, the Committee on Appropria23 tions of the House of Representatives, the Committee on 

24 Environment and Public Works of the Senate, and the 

25 Committee on Appropriations of the Senate a report on 


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1 the waivers provided under subsection (h) during the pre2 vious fiscal year and the justifications for such waivers. 

3 ‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 

4 section, the term ‘construction materials’ means primary 

5 materials, except for iron and steel, that are commonly 

6 used in highway construction, as determined by the Sec7 retary.’’. 

8 (b) CONSTRUCTION MATERIALS.— 

9 (1) ESTABLISHMENT OF REQUIREMENTS.— 

10 (A) IN GENERAL.—The Secretary shall 

11 issue such regulations as are necessary to im12 plement the amendment made by subsection 

13 (a)(1)(D). Such regulations shall ensure the 

14 continued availability of construction materials 

15 to carry out projects under title 23, United 

16 States Code. 

17 (B) CONSIDERATIONS.—The regulations 

18 issued pursuant to subparagraph (A) shall— 

19 (i) ensure the continued availability of 

20 construction materials to carry out projects 

21 under title 23, United States Code; 

22 (ii) include authority for the Secretary 

23 to waive the applicability of the require24 ment under section 313(a) of title 23, 

25 United States Code, to procure domestic 


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1 construction materials if the study con2 ducted under subsection (c)(1) determines 

3 that the domestic supply of construction 

4 materials is insufficient to meet the de5 mand for activities covered under section 

6 313 of title 23, United States Code; and 

7 (iii) provide for efficient and timely— 

8 (I) project delivery for project 

9 sponsors; and 

10 (II) administration for the Sec11 retary. 

12 (C) FINAL RULE.—The regulations issued 

13 pursuant to subparagraph (A) shall not be fi14 nalized until the study under subsection (c) has 

15 been completed and considered by the Secretary 

16 in the rulemaking process under such subpara17 graph. 

18 (2) CONSIDERATIONS.—The requirements of 

19 this section, and the amendments made by this sec20 tion— 

21 (A) shall seek to maximize jobs located in 

22 the United States; 

23 (B) may establish domestic content re24 quirements that are less than 100 percent and 

25 that increase over time, based on the current 


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1 and expected future domestic availability of 

2 construction materials; and 

3 (C) shall take into consideration the study 

4 conducted under subsection (c), including any 

5 potential— 

6 (i) disruption in the supply of con7 struction materials to any State or isolated 

8 geographic region; and 

9 (ii) impacts on the price of covered 

10 items. 

11 (3) APPLICABILITY.—The amendment made by 

12 subsection (a)(1)(D) shall take effect beginning on 

13 the date that the Secretary establishes the regula14 tions described under paragraph (1). 

15 (c) STUDY ON SUPPLY CHAINS.— 

16 (1) IN GENERAL.—The Secretary shall conduct 

17 study on covered items that are commonly used or 

18 acquired under title 23, United States Code, includ19 ing— 

20 (A) construction materials; 

21 (B) manufactured products; 

22 (C) vehicles; and 

23 (D) alternative fuel infrastructure and 

24 electric vehicle supply equipment. 


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1 (2) CONSIDERATIONS.—The study under para2 graph (1) shall consider— 

3 (A) the current domestic availability of 

4 covered items of sufficient and reasonably avail5 able quantity and of a satisfactory quality (in6 cluding any specific impacts in a State or iso7 lated geographic region, as applicable) nec8 essary to meet the demand for activities covered 

9 under section 313 of title 23, United States 

10 Code; 

11 (B) the current supply chain for covered 

12 items including the impacts of extracting, refin13 ing, manufacturing, and transporting domesti14 cally available covered items; 

15 (C) anticipated impacts to the environ16 ment, public health, and safety from transpor17 tation of domestically available covered items; 

18 (D) the estimated demand, in relation to 

19 total domestic demand from all sources, for cov20 ered items from— 

21 (i) procurement under the Federal-aid 

22 highway program; 

23 (ii) procurement under other pro24 grams administered by the Secretary of 

25 Transportation; and 


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1 (iii) other Federal procurement; and 

2 (E) the delivery cost differential of domes3 tic covered items, as compared to non-domestic 

4 alternatives, including any specific impacts in a 

5 State or isolated geographic region, as applica6 ble. 

7 (3) INSPECTOR GENERAL REVIEW.—Not later 

8 than 120 days after the Secretary completes the 

9 study in paragraph (1), the Inspector General of the 

10 Department of Transportation shall— 

11 (A) review the extent to which the study 

12 under paragraph (1) addresses the consider13 ations under paragraph (2); and 

14 (B) submit to the Committee on Transpor15 tation and Infrastructure of the House of Rep16 resentatives and Committee on Environment 

17 and Public Works of the Senate a report on the 

18 findings of the review under subparagraph (A). 

19 (4) DOMESTIC SUPPLIERS.—As part of the re20 view under this paragraph, the Secretary may estab21 lish and maintain a list of known domestic suppliers 

22 of covered items. 

23 (5) DEFINITION OF COVERED ITEM.—For the 

24 purposes of this section, the term ‘‘covered item’’ 

25 means any material or product (except for iron and 


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1 steel) subject to the requirements of section 313(a) 

2 of title 23, United States Code, that is commonly 

3 used in highway construction or procured under the 

4 Federal-aid highway program. 

5 (d) IRON AND STEEL.—Subsections (b) and (c), shall 

6 not affect the requirements under section 

7 635.410(b)(1)(ii) of title 23, Code of Federal Regulations, 

8 with respect to iron and steel. 

9 (e) CONSTRUCTION MATERIALS DEFINED.—In this 

10 section, the term ‘‘construction materials’’ has the mean11 ing given such term in section 313 of title 23, United 

12 States Code. 

13 (f) SAFETEA–LU TECHNICAL CORRECTIONS ACT

14 OF 2008.—Section 117 of the SAFETEA–LU Technical 

15 Corrections Act of 2008 (23 U.S.C. 313 note) is repealed. 

16 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE17 MENTS. 

18 (a) IN GENERAL.—Section 113 of title 23, United 

19 States Code, is amended— 

20 (1) by striking subsections (a) and (b) and in21 serting the following: 

22 ‘‘(a) IN GENERAL.—The Secretary shall take such 

23 action as may be necessary to ensure that all laborers and 

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1 erwise assisted in whole or in part by a loan, loan guar2 antee, grant, credit enhancement, or any other form of 

3 Federal assistance administered by the Secretary or the 

4 Department, including programs to capitalize revolving 

5 loan funds and subsequent financing cycles under such 

6 funds, shall be paid wages at rates not less than those 

7 prevailing on projects of a character similar in the locality, 

8 as determined by the Secretary of Labor in accordance 

9 with subchapter IV of chapter 31 of title 40. With respect 

10 to the labor standards specified in this section, the Sec11 retary of Labor shall have the authority and functions set 

12 forth in Reorganization Plan Numbered 14 of 1950 (64 

13 Stat. 1267) and section 3145 of title 40.’’; 

14 (2) by redesignating subsection (c) as sub15 section (b); and 

16 (3) in subsection (b), as so redesignated, by in17 serting ‘‘APPRENTICESHIP AND SKILL TRAINING

18 PROGRAMS.—’’ before ‘‘The provisions’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) Section 133 of title 23, United States Code, 

21 is amended by striking subsection (i). 

22 (2) Section 167 of title 23, United States Code, 

23 is amended by striking subsection (l). 

24 (3) Section 1401 of the MAP–21 (23 U.S.C. 

25 137 note) is amended by striking subsection (e). 


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1 SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 

2 CATEGORICAL EXCLUSIONS. 

3 Section 326(c)(3) of title 23, United States Code, is 

4 amended— 

5 (1) by striking subparagraph (A) and inserting 

6 the following: 

7 ‘‘(A) except as provided under subpara8 graph (C), have a term of not more than 3 

9 years;’’; 

10 (2) in subparagraph (B) by striking the period 

11 at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(C) for any State that has assumed the 

14 responsibility for categorical exclusions under 

15 this section for at least 10 years, have a term 

16 of 5 years.’’. 

17 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIV18 ERY PROGRAM WRITTEN AGREEMENTS. 

19 Section 327 of title 23, United States Code, is 

20 amended— 

21 (1) in subsection (a)(2)(G) by inserting ‘‘, in22 cluding the payment of fees awarded under section 

23 2412 of title 28’’ after ‘‘with the project’’. 

24 (2) in subsection (c)— 

25 (A) by striking paragraph (5) and insert26 ing the following: 


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1 ‘‘(5) except as provided under paragraph (7), 

2 have a term of not more than 5 years;’’; 

3 (B) in paragraph (6) by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(7) for any State that has participated in a 

7 program under this section (or under a predecessor 

8 program) for at least 10 years, have a term of 10 

9 years.’’; 

10 (3) in subsection (g)(1)— 

11 (A) in subparagraph (C) by striking ‘‘an12 nual’’; 

13 (B) in subparagraph (B) by striking ‘‘and’’ 

14 at the end; 

15 (C) by redesignating subparagraph (C) as 

16 subparagraph (D); and 

17 (D) by inserting after subparagraph (B) 

18 the following: 

19 ‘‘(C) in the case of an agreement period of 

20 greater than 5 years under subsection (c)(7), 

21 conduct an audit covering the first 5 years of 

22 the agreement period; and’’; and 

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

24 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 

25 A State agency that is assigned a responsibility under an 


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1 agreement under this section shall be deemed to be an 

2 agency of the United States for the purposes of section 

3 2412 of title 28.’’. 

4 SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPLICABLE BRIDGE PROJECTS.—The term 

7 ‘‘applicable bridge projects’’ means a project for con8 struction, replacement, rehabilitation, preservation, 

9 or protection, other than de minimis work, as deter10 mined by the applicable State department of trans11 portation, on a bridge project that receives financial 

12 assistance under title 23, United States Code. 

13 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer14 tified contractor’’ means a contracting or subcon15 tracting firm that has been certified by an industry16 wide recognized third party organization that evalu17 ates the capability of the contractor or subcontractor 

18 to properly perform 1 or more specified aspects of 

19 applicable bridge projects described in subsection 

20 (b)(2). 

21 (3) QUALIFIED TRAINING PROGRAM.—The term 

22 ‘‘qualified training program’’ means a training pro23 gram in corrosion control, mitigation, and prevention 

24 that is either— 


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1 (A) offered or accredited by an organiza2 tion that sets industry corrosion standards; or 

3 (B) an industrial coatings applicator train4 ing program registered under the Act of August 

5 16, 1937 (29 U.S.C. 50 et seq.; commonly 

6 known as the ‘‘National Apprenticeship Act’’) 

7 that meets the standards of subpart A of part 

8 29 and part 30 of title 29, Code of Federal 

9 Regulations. 

10 (b) APPLICABLE BRIDGE PROJECTS.— 

11 (1) QUALITY CONTROL.—A certified contractor 

12 shall carry out aspects of an applicable bridge 

13 project described in paragraph (2). 

14 (2) ASPECTS OF APPLICABLE BRIDGE

15 PROJECTS.—Aspects of an applicable bridge project 

16 referred to in paragraph (1) shall include— 

17 (A) surface preparation or coating applica18 tion on steel or rebar of an applicable bridge 

19 project; 

20 (B) removal of a lead-based or other haz21 ardous coating from steel of an existing applica22 ble bridge project; and 

23 (C) shop painting of structural steel or 

24 rebar fabricated for installation on an applica25 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 relevant 

7 SSPC–QP standards or future versions of these 

8 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 for each individual 

12 who is not a certified coating applicator but that the cer13 tified contractor employs to carry out aspects of applicable 

14 bridge projects as described in subsection (b)(2). 

15 SEC. 1117. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) States should utilize life-cycle cost analysis 

18 to evaluate the total economic cost of a transpor19 tation project over its expected lifetime; and 

20 (2) data indicating that future repair costs as21 sociated with a transportation project frequently 

22 total more than half of the initial cost of the project, 

23 and that conducting life-cycle cost analysis prior to 

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1 ance, and lower the total cost of building and main2 taining the project. 

3 SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN 

4 RIGHT-OF-WAY. 

5 (a) IN GENERAL.—Notwithstanding chapter 1 of title 

6 23, United States Code, electric vehicle charging infra7 structure, renewable energy generation facilities, electrical 

8 transmission and distribution infrastructure, and 

9 broadband infrastructure and conduit shall be treated as 

10 a facility covered under part 645 of title 23, Code of Fed11 eral Regulations (or successor regulations), for purposes 

12 of being accommodated under section 109(l) of title 23, 

13 United States Code. 

14 (b) STATE APPROVAL.—A State, on behalf of the 

15 Secretary of Transportation, may approve the accommo16 dation of the infrastructure and facilities described in sub17 section (a) within any right-of-way on a Federal-aid high18 way pursuant to section 109(l) of title 23, United States 

19 Code. 

20 SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE 

21 SAFETY IMPROVEMENTS. 

22 (a) IN GENERAL.—Notwithstanding any provision of 

23 title 23, United States Code, or any regulation issued by 

24 the Secretary of Transportation, section 129(a)(3) of such 

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1 ceives funding under such title for pedestrian and bike 

2 safety improvements. 

3 (b) NO TOLL.—A covered public authority may not 

4 charge a toll, fee, or other levy for use of such improve5 ments. 

6 (c) EFFECTIVE DATE.—A covered public authority 

7 shall be eligible for the exemption under subsection (a) 

8 for 10 years after the date of enactment of this Act. Any 

9 such exemption granted shall remain in effect after the 

10 effective date described in this section. 

11 (d) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) COVERED PUBLIC AUTHORITY.—The term 

14 ‘‘covered public authority’’ means a public authority 

15 with jurisdiction over a toll facility located within 

16 both— 

17 (A) a National Scenic Area; and 

18 (B) the National Trail System. 

19 (2) NATIONAL SCENIC AREA.—The term ‘‘Na20 tional Scenic Area’’ means an area of the National 

21 Forest System federally designated as a National 

22 Scenic Area in recognition of the outstanding nat23 ural, scenic, and recreational values of the area. 

24 (3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na25 tional Trail System’’ means an area described in secVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tion 3 of the National Trails System Act (16 U.S.C. 

2 1242). 

3 (4) PUBLIC AUTHORITY; TOLL FACILITY.—The 

4 terms ‘‘public authority’’ and ‘‘toll facility’’ have the 

5 meanings such terms would have if such terms were 

6 included in chapter 1 of title 23, United States 

7 Code. 

8 SEC. 1120. INCREASED FEDERAL SHARE. 

9 Section 120(c) of title 23, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(4) AREAS OF PERSISTENT POVERTY.—The 

12 Federal share payable on account of a project, pro13 gram, or activity carried out in an area of persistent 

14 poverty with funds apportioned under section 104(b) 

15 may be increased by up to 5 percent, up to 100 per16 cent of the total project cost of any such project, 

17 program, or activity.’’. 

18 Subtitle B—Programmatic 

19 Infrastructure Investment 

20 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

21 Section 119 of title 23, United States Code, is 

22 amended— 

23 (1) by striking subsection (b) and inserting the 

24 following: 


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1 ‘‘(b) PURPOSES.—The purposes of the national high2 way performance program shall be— 

3 ‘‘(1) to provide support for the condition and 

4 performance of the National Highway System, con5 sistent with the asset management plans of States; 

6 ‘‘(2) to support progress toward the achieve7 ment of performance targets of States established 

8 under section 150; 

9 ‘‘(3) to increase the resilience of Federal-aid 

10 highways and bridges; and 

11 ‘‘(4) to provide support for the construction of 

12 new facilities on the National Highway System, con13 sistent with subsection (d)(3).’’; 

14 (2) in subsection (d)— 

15 (A) in paragraph (1)(A) by striking ‘‘or 

16 freight movement on the National Highway 

17 System’’ and inserting ‘‘freight movement, envi18 ronmental sustainability, transportation system 

19 access, or combating climate change’’; 

20 (B) in paragraph (1)(B) by striking ‘‘and’’ 

21 at the end; 

22 (C) in paragraph (2)— 

23 (i) in subparagraph (G)— 

24 (I) in clause (i) by inserting 

25 ‘‘and’’ at the end; 


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1 (II) in clause (ii) by striking ‘‘; 

2 and’’ and inserting a period; and 

3 (III) by striking clause (iii); 

4 (ii) in subparagraph (I) by inserting 

5 ‘‘, including the installation of safety bar6 riers and nets on bridges on the National 

7 Highway System’’ after ‘‘National High8 way System’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(Q) Projects on or off the National High12 way System to reduce greenhouse gas emissions 

13 that are eligible under section 171, including 

14 the installation of electric vehicle charging in15 frastructure. 

16 ‘‘(R) Projects on or off the National High17 way System to enhance resilience of a transpor18 tation facility eligible under section 124, includ19 ing protective features and natural infrastruc20 ture. 

21 ‘‘(S) Projects and strategies to reduce ve22 hicle-caused wildlife mortality related to, or to 

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1 tation facility eligible for assistance under this 

2 section. 

3 ‘‘(T) Projects on or off the National High4 way System to improve an evacuation route eli5 gible under section 124(b)(1)(C). 

6 ‘‘(U) The removal, retrofit, repurposing, 

7 remediation, or replacement of a highway on 

8 the National Highway System that creates a 

9 barrier to community connectivity to improve 

10 access for multiple modes of transportation.’’; 

11 and 

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

13 ‘‘(3) a project that is otherwise eligible under 

14 this subsection to construct new capacity for single 

15 occupancy passenger vehicles only if the State— 

16 ‘‘(A) has demonstrated progress in achiev17 ing a state of good repair, as defined in the 

18 State’s asset management plan, on the National 

19 Highway System; 

20 ‘‘(B) demonstrates that the project— 

21 ‘‘(i) supports the achievement of per22 formance targets of the State established 

23 under section 150; and 

24 ‘‘(ii) is more cost effective, as deter25 mined by benefit-cost analysis, than— 


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1 ‘‘(I) an operational improvement 

2 to the facility or corridor; 

3 ‘‘(II) the construction of a public 

4 transportation project eligible for as5 sistance under chapter 53 of title 49; 

6 or 

7 ‘‘(III) the construction of a non8 single occupancy passenger vehicle 

9 project that improves freight move10 ment; and 

11 ‘‘(C) has a public plan for maintaining and 

12 operating the new asset while continuing its 

13 progress in achieving a state of good repair 

14 under subparagraph (A).’’; 

15 (3) in subsection (e)— 

16 (A) in the heading by inserting ‘‘ASSET

17 AND’’ after ‘‘STATE’’; 

18 (B) in paragraph (4)(D) by striking ‘‘anal19 ysis’’ and inserting ‘‘analyses, both of which 

20 shall take into consideration climate change ad21 aptation and resilience’’; and 

22 (C) in paragraph (8) by striking ‘‘Not later 

23 than 18 months after the date of enactment of 

24 the MAP–21, the Secretary’’ and inserting 

25 ‘‘The Secretary’’; and 


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

2 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out 

3 subsection (d)(3)(B)(ii), the Secretary shall establish a 

4 process for analyzing the cost and benefits of projects 

5 under such subsection, ensuring that— 

6 ‘‘(1) the benefit-cost analysis includes a calcula7 tion of all the benefits addressed in the performance 

8 measures established under section 150; 

9 ‘‘(2) the benefit-cost analysis includes a consid10 eration of the total maintenance cost of an asset 

11 over the lifecycle of the asset; and 

12 ‘‘(3) the State demonstrates that any transpor13 tation demand modeling used to calculate the ben14 efit-cost analysis has a documented record of accu15 racy.’’. 

16 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR17 TATION ASSETS. 

18 (a) PREDISASTER MITIGATION PROGRAM.— 

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

20 States Code, is amended by inserting after section 

21 123 the following: 

22 ‘‘§ 124. Predisaster mitigation program 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab24 lish and implement a predisaster mitigation program to 

25 enhance the resilience of the transportation system of the 


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1 United States, mitigate the impacts of covered events, and 

2 ensure the efficient use of Federal resources. 

3 ‘‘(b) ELIGIBLE ACTIVITIES.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 funds apportioned to the State under section 

6 104(b)(8) may be obligated for— 

7 ‘‘(A) construction activities, including con8 struction of natural infrastructure or protective 

9 features— 

10 ‘‘(i) to increase the resilience of a sur11 face transportation infrastructure asset to 

12 withstand a covered event; 

13 ‘‘(ii) to relocate or provide a reason14 able alternative to a repeatedly damaged 

15 facility; and 

16 ‘‘(iii) for an evacuation route identi17 fied in the vulnerability assessment re18 quired under section 134(i)(2)(I)(iii) or 

19 section 135(f)(10)(C) to— 

20 ‘‘(I) improve the capacity or op21 eration of such evacuation route 

22 through communications and intel23 ligent transportation system equip24 ment and infrastructure, counterflow 

25 measures, and shoulders; and 


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1 ‘‘(II) relocate such evacuation 

2 route or provide a reasonable alter3 native to such evacuation route to ad4 dress the risk of a covered event; 

5 ‘‘(B) resilience planning activities, includ6 ing activities described in sections 134(i)(2)(I) 

7 and 135(f)(10) of this title and sections 

8 5303(i)(2)(I) and 5304(f)(10) of title 49; and 

9 ‘‘(C) the development of projects and pro10 grams that help States, territories, and regions 

11 recover from covered events that significantly 

12 disrupt the transportation system, including— 

13 ‘‘(i) predisaster training programs 

14 that help agencies and regional stake15 holders plan for and prepare multimodal 

16 recovery efforts; and 

17 ‘‘(ii) the establishment of region-wide 

18 telework training and programs. 

19 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP20 TATION.—No funds shall be obligated to a project 

21 under this section unless the project meets each of 

22 the following criteria: 

23 ‘‘(A) The project is designed to ensure re24 silience over the anticipated service life of the 

25 surface transportation infrastructure asset. 


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1 ‘‘(B) The project is identified in the metro2 politan or statewide transportation improve3 ment program as a project to address resilience 

4 vulnerabilities, consistent with section 

5 134(j)(3)(E) or 135(g)(5)(B)(iii). 

6 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State 

7 shall develop a process to prioritize projects under 

8 this section based on the degree to which the pro9 posed project would— 

10 ‘‘(A) be cost effective in the long-term; 

11 ‘‘(B) reduce the risk of disruption to a sur12 face transportation infrastructure asset consid13 ered critical to support population centers, 

14 freight movement, economic activity, evacu15 ation, recovery, national security functions, or 

16 critical infrastructure; and 

17 ‘‘(C) ease disruptions to vulnerable, at18 risk, or transit-dependant populations. 

19 ‘‘(c) GUIDANCE.—The Secretary shall provide guid20 ance to States to assist with the implementation of para21 graphs (2) and (3) of subsection (b). 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) COVERED EVENT.—The term ‘covered 

24 event’ means a climate change effect (including sea 

25 level rise), flooding, and an extreme event or other 


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1 natural disaster (including wildfires, seismic activity, 

2 and landslides). 

3 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC4 TURE ASSET.—The term ‘surface transportation in5 frastructure asset’ means a facility eligible for as6 sistance under this title or chapter 53 of title 49.’’. 

7 (2) CONFORMING AMENDMENT.—The analysis 

8 for chapter 1 of title 23, United States Code, is 

9 amended by inserting after the item relating to sec10 tion 123 the following: 

‘‘124. Predisaster mitigation program.’’. 

11 (b) PROJECTS IN FLOOD-PRONE AREAS.—Section 

12 109 of title 23, United States Code, is further amended 

13 by adding at the end the following: 

14 ‘‘(t) PROJECTS IN FLOOD-PRONE AREAS.—For 

15 projects and actions that, in whole or in part, encroach 

16 within the limits of a flood-prone area, the Secretary shall 

17 ensure that such projects and actions are— 

18 ‘‘(1) designed and constructed in a way that 

19 takes into account, and mitigates where appropriate, 

20 flood risk by using hydrologic, hydraulic, and hydro21 dynamic data, methods, and analysis that integrate 

22 current and projected changes in flooding based on 

23 climate science over the anticipated service life of 

24 the asset and future forecasted land use changes; 

25 and 


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1 ‘‘(2) designed using analysis that considers the 

2 capital costs, risks, and other economic, engineering, 

3 social and environmental concerns of constructing a 

4 project in a flood-prone area.’’. 

5 (c) METROPOLITAN TRANSPORTATION PLANNING.— 

6 (1) AMENDMENTS TO TITLE 23.— 

7 (A) CLIMATE CHANGE AND RESILIENCE.— 

8 Section 134(i)(2) of title 23, United States 

9 Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

12 ‘‘(i) IN GENERAL.—The transpor13 tation planning process shall assess strate14 gies to reduce the climate change impacts 

15 of the surface transportation system and 

16 conduct a vulnerability assessment to iden17 tify opportunities to enhance the resilience 

18 of the surface transportation system and 

19 ensure the efficient use of Federal re20 sources. 

21 ‘‘(ii) CLIMATE CHANGE MITIGATION

22 AND IMPACTS.—A long-range transpor23 tation plan shall— 

24 ‘‘(I) identify investments and 

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1 lated sources of greenhouse gas emis2 sions per capita; 

3 ‘‘(II) identify investments and 

4 strategies to manage transportation 

5 demand and increase the rates of pub6 lic transportation ridership, walking, 

7 bicycling, and carpools; and 

8 ‘‘(III) recommend zoning and 

9 other land use policies that would sup10 port infill, transit-oriented develop11 ment, and mixed use development. 

12 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

13 A long-range transportation plan shall in14 corporate a vulnerability assessment that— 

15 ‘‘(I) includes a risk-based assess16 ment of vulnerabilities of critical 

17 transportation assets and systems to 

18 covered events (as such term is de19 fined in section 124); 

20 ‘‘(II) considers, as applicable, the 

21 risk management analysis in the 

22 State’s asset management plan devel23 oped pursuant to section 119, and the 

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1 ties conducted under part 667 of title 

2 23, Code of Federal Regulations; 

3 ‘‘(III) at the discretion of the 

4 metropolitan planning organization, 

5 identifies evacuation routes, assesses 

6 the ability of any such routes to pro7 vide safe passage for evacuation, ac8 cess to health care and public health 

9 facilities, and emergency response 

10 during an emergency event, and iden11 tifies any improvements or redundant 

12 facilities necessary to adequately fa13 cilitate safe passage; 

14 ‘‘(IV) describes the metropolitan 

15 planning organization’s adaptation 

16 and resilience improvement strategies 

17 that will inform the transportation in18 vestment decisions of the metropolitan 

19 planning organization; and 

20 ‘‘(V) is consistent with and com21 plementary of the State, Tribal, and 

22 local mitigation plans required under 

23 section 322 of the Robert T. Stafford 

24 Disaster Relief and Emergency Assist25 ance Act (42 U.S.C. 5165). 


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1 ‘‘(iv) CONSULTATION.—The assess2 ment described in this subparagraph shall 

3 be developed in consultation with, as ap4 propriate, State, local, and Tribal officials 

5 responsible for land use, housing, resil6 ience, hazard mitigation, and emergency 

7 management.’’. 

8 (B) RESILIENCE PROJECTS.—Section 

9 134(j)(3) of title 23, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

12 shall— 

13 ‘‘(i) identify any projects that address 

14 the vulnerabilities identified by the assess15 ment in subsection (i)(2)(I)(iii); and 

16 ‘‘(ii) describe how each project identi17 fied under clause (i) would improve the re18 silience of the transportation system.’’. 

19 (2) AMENDMENTS TO TITLE 49.— 

20 (A) CLIMATE CHANGE AND RESILIENCE.— 

21 Section 5303(i)(2) of title 49, United States 

22 Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 


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1 ‘‘(i) IN GENERAL.—The transpor2 tation planning process shall assess strate3 gies to reduce the climate change impacts 

4 of the surface transportation system and 

5 conduct a vulnerability assessment to iden6 tify opportunities to enhance the resilience 

7 of the surface transportation system and 

8 ensure the efficient use of Federal re9 sources. 

10 ‘‘(ii) CLIMATE CHANGE MITIGATION

11 AND IMPACTS.—A long-range transpor12 tation plan shall— 

13 ‘‘(I) identify investments and 

14 strategies to reduce transportation-re15 lated sources of greenhouse gas emis16 sions per capita; 

17 ‘‘(II) identify investments and 

18 strategies to manage transportation 

19 demand and increase the rates of pub20 lic transportation ridership, walking, 

21 bicycling, and carpools; and 

22 ‘‘(III) recommend zoning and 

23 other land use policies that would sup24 port infill, transit-oriented develop25 ment, and mixed use development. 


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1 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

2 A long-range transportation plan shall in3 corporate a vulnerability assessment that— 

4 ‘‘(I) includes a risk-based assess5 ment of vulnerabilities of critical 

6 transportation assets and systems to 

7 covered events (as such term is de8 fined in section 124 of title 23); 

9 ‘‘(II) considers, as applicable, the 

10 risk management analysis in the 

11 State’s asset management plan devel12 oped pursuant to section 119 of title 

13 23, and the State’s evaluation of rea14 sonable alternatives to repeatedly 

15 damaged facilities conducted under 

16 part 667 of title 23, Code of Federal 

17 Regulations; 

18 ‘‘(III) at the discretion of the 

19 metropolitan planning organization, 

20 identifies evacuation routes, assesses 

21 the ability of any such routes to pro22 vide safe passage for evacuation, ac23 cess to health care and public health 

24 facilities, and emergency response 

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1 tifies any improvements or redundant 

2 facilities necessary to adequately fa3 cilitate safe passage; 

4 ‘‘(IV) describes the metropolitan 

5 planning organization’s adaptation 

6 and resilience improvement strategies 

7 that will inform the transportation in8 vestment decisions of the metropolitan 

9 planning organization; and 

10 ‘‘(V) is consistent with and com11 plementary of the State, Tribal, and 

12 local mitigation plans required under 

13 section 322 of the Robert T. Stafford 

14 Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5165). 

16 ‘‘(iv) CONSULTATION.—The assess17 ment described in this subparagraph shall 

18 be developed in consultation, as appro19 priate, with State, local, and Tribal offi20 cials responsible for land use, housing, re21 silience, hazard mitigation, and emergency 

22 management.’’. 

23 (B) RESILIENCE PROJECTS.—Section 

24 5303(j)(3) of title 49, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

2 shall— 

3 ‘‘(i) identify any projects that address 

4 the vulnerabilities identified by the assess5 ment in subsection (i)(2)(I)(iii); and 

6 ‘‘(ii) describe how each project identi7 fied under clause (i) would improve the re8 silience of the transportation system.’’. 

9 (d) STATEWIDE AND NONMETROPOLITAN PLAN10 NING.— 

11 (1) AMENDMENTS TO TITLE 23.— 

12 (A) CLIMATE CHANGE AND RESILIENCE.— 

13 Section 135(f) of title 23, United States Code, 

14 is amended by adding at the end the following: 

15 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 

16 ‘‘(A) IN GENERAL.—The transportation 

17 planning process shall assess strategies to re18 duce the climate change impacts of the surface 

19 transportation system and conduct a vulner20 ability assessment to identify opportunities to 

21 enhance the resilience of the surface transpor22 tation system and ensure the efficient use of 

23 Federal resources. 


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1 ‘‘(B) CLIMATE CHANGE MITIGATION AND

2 IMPACTS.—A long-range transportation plan 

3 shall— 

4 ‘‘(i) identify investments and strate5 gies to reduce transportation-related 

6 sources of greenhouse gas emissions per 

7 capita; 

8 ‘‘(ii) identify investments and strate9 gies to manage transportation demand and 

10 increase the rates of public transportation 

11 ridership, walking, bicycling, and carpools; 

12 and 

13 ‘‘(iii) recommend zoning and other 

14 land use policies that would support infill, 

15 transit-oriented development, and mixed 

16 use development. 

17 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

18 long-range transportation plan shall incorporate 

19 a vulnerability assessment that— 

20 ‘‘(i) includes a risk-based assessment 

21 of vulnerabilities of critical transportation 

22 assets and systems to covered events (as 

23 such term is defined in section 124); 

24 ‘‘(ii) considers, as applicable, the risk 

25 management analysis in the State’s asset 


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1 management plan developed pursuant to 

2 section 119, and the State’s evaluation of 

3 reasonable alternatives to repeatedly dam4 aged facilities conducted under part 667 of 

5 title 23, Code of Federal Regulations; 

6 ‘‘(iii) identifies evacuation routes, as7 sesses the ability of any such routes to pro8 vide safe passage for evacuation, access to 

9 health care and public health facilities, and 

10 emergency response during an emergency 

11 event, and identifies any improvements or 

12 redundant facilities necessary to ade13 quately facilitate safe passage; 

14 ‘‘(iv) describes the States’s adaptation 

15 and resilience improvement strategies that 

16 will inform the transportation investment 

17 decisions of the State; and 

18 ‘‘(v) is consistent with and com19 plementary of the State, Tribal, and local 

20 mitigation plans required under section 

21 322 of the Robert T. Stafford Disaster Re22 lief and Emergency Assistance Act (42 

23 U.S.C. 5165). 

24 ‘‘(D) CONSULTATION.—The assessment 

25 described in this paragraph shall be developed 


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1 in consultation with, as appropriate, metropoli2 tan planning organizations and State, local, and 

3 Tribal officials responsible for land use, hous4 ing, resilience, hazard mitigation, and emer5 gency management.’’. 

6 (B) RESILIENCE PROJECTS.—Section 

7 135(g)(5)(B) of title 23, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(iii) RESILIENCE PROJECTS.—The 

10 STIP shall— 

11 ‘‘(I) identify projects that ad12 dress the vulnerabilities identified by 

13 the assessment in subsection 

14 (i)(10)(B); and 

15 ‘‘(II) describe how each project 

16 identified under subclause (I) would 

17 improve the resilience of the transpor18 tation system.’’. 

19 (2) AMENDMENTS TO TITLE 49.— 

20 (A) CLIMATE CHANGE AND RESILIENCE.— 

21 Section 5304(f) of title 49, United States Code, 

22 is amended by adding at the end the following: 

23 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 

24 ‘‘(A) IN GENERAL.—The transportation 

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1 duce the climate change impacts of the surface 

2 transportation system and conduct a vulner3 ability assessment to identify opportunities to 

4 enhance the resilience of the surface transpor5 tation system and ensure the efficient use of 

6 Federal resources. 

7 ‘‘(B) CLIMATE CHANGE MITIGATION AND

8 IMPACTS.—A long-range transportation plan 

9 shall— 

10 ‘‘(i) identify investments and strate11 gies to reduce transportation-related 

12 sources of greenhouse gas emissions per 

13 capita; 

14 ‘‘(ii) identify investments and strate15 gies to manage transportation demand and 

16 increase the rates of public transportation 

17 ridership, walking, bicycling, and carpools; 

18 and 

19 ‘‘(iii) recommend zoning and other 

20 land use policies that would support infill, 

21 transit-oriented development, and mixed 

22 use development. 

23 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

24 long-range transportation plan shall incorporate 

25 a vulnerability assessment that— 


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1 ‘‘(i) includes a risk-based assessment 

2 of vulnerabilities of critical transportation 

3 assets and systems to covered events (as 

4 such term is defined in section 124 of title 

5 23); 

6 ‘‘(ii) considers, as applicable, the risk 

7 management analysis in the State’s asset 

8 management plan developed pursuant to 

9 section 119 of title 23, and the State’s 

10 evaluation of reasonable alternatives to re11 peatedly damaged facilities conducted 

12 under part 667 of title 23, Code of Federal 

13 Regulations; 

14 ‘‘(iii) identifies evacuation routes, as15 sesses the ability of any such routes to pro16 vide safe passage for evacuation, access to 

17 health care and public health facilities, and 

18 emergency response during an emergency 

19 event, and identifies any improvements or 

20 redundant facilities necessary to ade21 quately facilitate safe passage; 

22 ‘‘(iv) describes the State’s adaptation 

23 and resilience improvement strategies that 

24 will inform the transportation investment 

25 decisions of the State; and 


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1 ‘‘(v) is consistent with and com2 plementary of the State, Tribal, and local 

3 mitigation plans required under section 

4 322 of the Robert T. Stafford Disaster Re5 lief and Emergency Assistance Act (42 

6 U.S.C. 5165). 

7 ‘‘(D) CONSULTATION.—The assessment 

8 described in this paragraph shall be developed 

9 in consultation with, as appropriate, metropoli10 tan planning organizations and State, local, and 

11 Tribal officials responsible for land use, hous12 ing, resilience, hazard mitigation, and emer13 gency management.’’. 

14 (B) RESILIENCE PROJECTS.—Section 

15 5304(g)(5)(B) of title 49, United States Code, 

16 is amended by adding at the end the following: 

17 ‘‘(iii) RESILIENCE PROJECTS.—The 

18 STIP shall— 

19 ‘‘(I) identify projects that ad20 dress the vulnerabilities identified by 

21 the assessment in subsection 

22 (i)(10)(B); and 

23 ‘‘(II) describe how each project 

24 identified under subclause (I) would 


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1 improve the resilience of the transpor2 tation system.’’. 

3 SEC. 1203. EMERGENCY RELIEF. 

4 (a) IN GENERAL.—Section 125 of title 23, United 

5 States Code, is amended— 

6 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 

7 after ‘‘severe storm,’’; 

8 (2) by striking subsection (b); 

9 (3) in subsection (c)(2)(A) by striking ‘‘in any 

10 1 fiscal year commencing after September 30, 

11 1980,’’ and inserting ‘‘in any fiscal year’’; 

12 (4) in subsection (d)— 

13 (A) in paragraph (3)(C) by striking ‘‘(as 

14 defined in subsection (e)(1))’’; 

15 (B) by redesignating paragraph (3) as 

16 paragraph (4); and 

17 (C) by striking paragraphs (1) and (2) and 

18 inserting the following: 

19 ‘‘(1) IN GENERAL.—The Secretary may expend 

20 funds from the emergency fund authorized by this 

21 section only for the repair or reconstruction of high22 ways on Federal-aid highways in accordance with 

23 this chapter. 

24 ‘‘(2) RESTRICTIONS.— 


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1 ‘‘(A) IN GENERAL.—No funds shall be ex2 pended from the emergency fund authorized by 

3 this section unless— 

4 ‘‘(i) an emergency has been declared 

5 by the Governor of the State with concur6 rence by the Secretary, unless the Presi7 dent has declared the emergency to be a 

8 major disaster for the purposes of the Rob9 ert T. Stafford Disaster Relief and Emer10 gency Assistance Act (42 U.S.C. 5121 et 

11 seq.) for which concurrence of the Sec12 retary is not required; and 

13 ‘‘(ii) the Secretary has received an ap14 plication from the State transportation de15 partment that includes a comprehensive 

16 list of all eligible project sites and repair 

17 costs by not later than 2 years after the 

18 natural disaster or catastrophic failure. 

19 ‘‘(B) COST LIMITATION.—The total cost of 

20 a project funded under this section may not ex21 ceed the cost of repair or reconstruction of a 

22 comparable facility unless the Secretary deter23 mines that the project incorporates economi24 cally justified betterments, including protective 

25 features to increase the resilience of the facility. 


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1 ‘‘(C) REPEATEDLY DAMAGED FACILI2 TIES.—An application submitted under this sec3 tion for the permanent repair or reconstruction 

4 of a repeatedly damaged facility shall include 

5 consideration and, if feasible, incorporation of 

6 economically justifiable betterments, including 

7 protective features, to increase the resilience of 

8 such facility. 

9 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 

10 In no case shall funds be used under this section for 

11 the repair or reconstruction of a bridge— 

12 ‘‘(A) that has been permanently closed to 

13 all vehicular traffic by the State or responsible 

14 local official because of imminent danger of col15 lapse due to a structural deficiency or physical 

16 deterioration; or 

17 ‘‘(B) if a construction phase of a replace18 ment structure is included in the approved 

19 statewide transportation improvement program 

20 at the time of an event described in subsection 

21 (a).’’; 

22 (5) in subsection (e)— 

23 (A) by striking paragraph (1); 


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1 (B) in paragraph (2) by striking ‘‘sub2 section (d)(1)’’ and inserting ‘‘subsection 

3 (c)(1)’’; and 

4 (C) by redesignating paragraphs (2) and 

5 (3), as amended, as paragraphs (1) and (2), re6 spectively; 

7 (6) by redesignating subsections (c) through 

8 (g), as amended, as subsections (b) through (f), re9 spectively; and 

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

11 ‘‘(g) IMPOSITION OF DEADLINE.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, the Secretary may not require any 

14 project funded under this section to advance to the 

15 construction obligation stage before the date that is 

16 the last day of the sixth fiscal year after the later 

17 of— 

18 ‘‘(A) the date on which the Governor de19 clared the emergency, as described in subsection 

20 (c)(2)(A)(i); or 

21 ‘‘(B) the date on which the President de22 clared the emergency to be a major disaster, as 

23 described in such subsection. 

24 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec25 retary imposes a deadline for advancement to the 


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1 construction obligation stage pursuant to paragraph 

2 (1), the Secretary may, upon the request of the Gov3 ernor of the State, issue an extension of not more 

4 than 1 year to complete such advancement, and may 

5 issue additional extensions after the expiration of 

6 any extension, if the Secretary determines the Gov7 ernor of the State has provided suitable justification 

8 to warrant such an extension. 

9 ‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall estab11 lish a hazard mitigation pilot program for the pur12 pose of mitigating future hazards posed to Federal13 aid highways, Federal lands transportation facilities, 

14 and Tribal transportation facilities. 

15 ‘‘(2) ALLOCATION OF FUNDS.— 

16 ‘‘(A) AUTHORIZATION OF APPROPRIA17 TIONS.—There is authorized to be appropriated 

18 such sums as may be necessary for the pilot 

19 program established under this subsection. 

20 ‘‘(B) CALCULATION.—Annually, the Sec21 retary shall calculate the total amount of out22 standing eligible repair costs under the emer23 gency relief program under this section, includ24 ing the emergency relief backlog, for each 

25 State, territory, and Indian Tribe. 


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1 ‘‘(C) ALLOCATION.—Any amounts made 

2 available under this subsection shall be distrib3 uted to each State, territory, or Indian Tribe 

4 based on— 

5 ‘‘(i) the ratio that the total amount of 

6 outstanding eligible repair costs for such 

7 State, territory, or Indian Tribe, as de8 scribed under subparagraph (B); bears to 

9 ‘‘(ii) the total amount of outstanding 

10 eligible repair costs for all States, terri11 tories, and Indian Tribes, as described 

12 under subparagraph (B). 

13 ‘‘(D) LIMITATION.—The allocation to a 

14 State, territory, or Indian Tribe described 

15 under subparagraph (C) shall not exceed 5 per16 cent of the total amount of outstanding eligible 

17 repair costs under the emergency relief program 

18 for such State, territory, or Indian Tribe, as de19 scribed in subparagraph (B). 

20 ‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made 

21 available under this subsection shall be used for pro22 tective features or other hazard mitigation activities 

23 that— 

24 ‘‘(A) the Secretary determines are cost ef25 fective and that reduce the risk of, or increase 


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1 the resilience to, future damage to existing as2 sets as a result of natural disasters; and 

3 ‘‘(B) are eligible under section 124. 

4 ‘‘(4) REPORT.—For each fiscal year in which 

5 funding is made available for the program under this 

6 subsection, the Secretary shall submit to the Com7 mittee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on En9 vironment and Public Works of the Senate a report 

10 detailing— 

11 ‘‘(A) a description of the activities carried 

12 out under the pilot program; 

13 ‘‘(B) an evaluation of the effectiveness of 

14 the pilot program in meeting purposes described 

15 in paragraph (1); and 

16 ‘‘(C) policy recommendations to improve 

17 the effectiveness of the pilot program. 

18 ‘‘(5) SUNSET.—The authority provided under 

19 this subsection shall terminate on October 1, 2025. 

20 ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO21 GRAM.—Not later than 1 year after the date of enactment 

22 of the INVEST in America Act, the Secretary shall— 

23 ‘‘(1) revise the emergency relief manual of the 

24 Federal Highway Administration— 


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1 ‘‘(A) to include and reflect the definition of 

2 the term ‘resilience’ (as defined in section 

3 101(a)); 

4 ‘‘(B) to identify procedures that States 

5 may use to incorporate resilience into emer6 gency relief projects; and 

7 ‘‘(C) to consider economically justified bet8 terments in emergency relief projects, such as— 

9 ‘‘(i) protective features that increase 

10 the resilience of the facility; and 

11 ‘‘(ii) incorporation of context sensitive 

12 design principles and other planned better13 ments that improve the safety of the facil14 ity; 

15 ‘‘(2) consider transportation system access for 

16 moderate and low-income families impacted by a 

17 major disaster or emergency declared by the Presi18 dent under section 401 of the Robert T. Stafford 

19 Disaster Relief and Emergency Assistance Act (42 

20 U.S.C. 5170); 

21 ‘‘(3) develop best practices for improving the 

22 use of resilience in— 

23 ‘‘(A) the emergency relief program under 

24 this section; and 

25 ‘‘(B) emergency relief efforts; 


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1 ‘‘(4) provide to division offices of the Federal 

2 Highway Administration and State departments of 

3 transportation information on the best practices de4 veloped under paragraph (2); and 

5 ‘‘(5) develop and implement a process to 

6 track— 

7 ‘‘(A) the consideration of resilience as part 

8 of the emergency relief program under this sec9 tion; and 

10 ‘‘(B) the costs of emergency relief projects. 

11 ‘‘(j) DEFINITIONS.—In this section: 

12 ‘‘(1) COMPARABLE FACILITY.—The term ‘com13 parable facility’ means a facility that meets the cur14 rent geometric and construction standards required 

15 for the types and volume of traffic that the facility 

16 will carry over its design life. 

17 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con18 struction phase’ means the phase of physical con19 struction of a highway or bridge facility that is sepa20 rate from any other identified phases, such as plan21 ning, design, or right-of-way phases, in the State 

22 transportation improvement program. 

23 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term 

24 ‘open to public travel’ means with respect to a road, 


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1 that, except during scheduled periods, extreme 

2 weather conditions, or emergencies, the road— 

3 ‘‘(A) is maintained; 

4 ‘‘(B) is open to the general public; and 

5 ‘‘(C) can accommodate travel by a stand6 ard passenger vehicle, without restrictive gates 

7 or prohibitive signs or regulations, other than 

8 for general traffic control or restrictions based 

9 on size, weight, or class of registration. 

10 ‘‘(4) STANDARD PASSENGER VEHICLE.—The 

11 term ‘standard passenger vehicle’ means a vehicle 

12 with 6 inches of clearance from the lowest point of 

13 the frame, body, suspension, or differential to the 

14 ground.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) FEDERAL LANDS AND TRIBAL TRANSPOR17 TATION PROGRAMS.—Section 201(c)(8)(A) of title 

18 23, United States Code, is amended by striking 

19 ‘‘section 125(e)’’ and inserting ‘‘section 125(j)’’. 

20 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec21 tion 202(b)(6)(A) of title 23, United States Code, is 

22 amended by striking ‘‘section 125(e)’’ and inserting 

23 ‘‘section 125(d)’’. 

24 (c) REPEAL.—Section 668.105(h) of title 23, Code 

25 of Federal Regulations, is repealed. 


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1 SEC. 1204. RAILWAY CROSSINGS. 

2 (a) IN GENERAL.—Section 130 of title 23, United 

3 States Code, is amended— 

4 (1) in the section heading by striking ‘‘Rail5 way-highway crossings’’ and inserting ‘‘Rail6 way crossings’’; 

7 (2) in subsection (a)— 

8 (A) by striking ‘‘Subject to section 120 

9 and subsection (b) of this section, the entire’’ 

10 and inserting ‘‘IN GENERAL.—The’’; 

11 (B) by striking ‘‘then the entire’’ and in12 serting ‘‘the’’; and 

13 (C) by striking ‘‘, subject to section 120 

14 and subsection (b) of this section,’’; 

15 (3) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) CLASSIFICATION.— 

18 ‘‘(1) IN GENERAL.—The construction of 

19 projects for the elimination of hazards at railway 

20 crossings represents a benefit to the railroad. The 

21 Secretary shall classify the various types of projects 

22 involved in the elimination of hazards of railway23 highway crossings, and shall set for each such classi24 fication a percentage of the total project cost that 

25 represent the benefit to the railroad or railroads for 

26 the purpose of determining the railroad’s share of 


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1 the total project cost. The Secretary shall determine 

2 the appropriate classification of each project. 

3 ‘‘(2) NONCASH CONTRIBUTIONS.— 

4 ‘‘(A) IN GENERAL.—Not more than 5 per5 cent of the cost share described in paragraph 

6 (1) may be attributable to noncash contribu7 tions of materials and labor furnished by the 

8 railroad in connection with the construction of 

9 such project. 

10 ‘‘(B) REQUIREMENT.—The requirements 

11 under section 200.306 and 200.403(g) of title 

12 2, Code of Federal Regulations (or successor 

13 regulations), shall apply to any noncash con14 tributions under this subsection. 

15 ‘‘(3) TOTAL PROJECT COST.—For the purposes 

16 of this subsection, the determination of the rail17 road’s share of the total project cost shall include 

18 environment, design, right-of-way, utility accommo19 dation, and construction phases of the project.’’; 

20 (4) in subsection (c)— 

21 (A) by striking ‘‘Any railroad involved’’ 

22 and inserting ‘‘BENEFIT.—Any railroad in23 volved’’; 


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1 (B) by striking ‘‘the net benefit’’ and in2 serting ‘‘the cost associated with the benefit’’; 

3 and 

4 (C) by striking ‘‘Such payment may con5 sist in whole or in part of materials and labor 

6 furnished by the railroad in connection with the 

7 construction of such project.’’; 

8 (5) by striking subsection (e) and inserting the 

9 following: 

10 ‘‘(e) RAILWAY CROSSINGS.— 

11 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds appor12 tioned to a State under section 104(b)(7) may be ob13 ligated for the following: 

14 ‘‘(A) The elimination of hazards at rail15 way-highway crossings, including technology or 

16 protective upgrades. 

17 ‘‘(B) Construction or installation of protec18 tive devices (including replacement of function19 ally obsolete protective devices) at railway-high20 way crossings. 

21 ‘‘(C) Infrastructure and noninfrastructure 

22 projects and strategies to prevent or reduce sui23 cide or trespasser fatalities and injuries along 

24 railroad rights-of-way and at or near railway25 highway crossings. 


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1 ‘‘(D) Projects to mitigate any degradation 

2 in the level of access from a highway-grade 

3 crossing closure. 

4 ‘‘(E) Bicycle and pedestrian railway grade 

5 crossing improvements, including underpasses 

6 and overpasses. 

7 ‘‘(F) Projects eligible under section 

8 22907(c)(5) of title 49, provided that amounts 

9 obligated under this subparagraph— 

10 ‘‘(i) shall be administered by the Sec11 retary in accordance with such section as 

12 if such amounts were made available to 

13 carry out such section; and 

14 ‘‘(ii) may be used to pay up to 90 per15 cent of the non-Federal share of the cost 

16 of a project carried out under such section. 

17 ‘‘(2) SPECIAL RULE.—If a State demonstrates 

18 to the satisfaction of the Secretary that the State 

19 has met all its needs for installation of protective de20 vices at railway-highway crossings, the State may 

21 use funds made available by this section for other 

22 highway safety improvement program purposes.’’; 

23 (6) by striking subsection (f) and inserting the 

24 following: 


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1 ‘‘(f) FEDERAL SHARE.—Notwithstanding section 

2 120, the Federal share payable on account of any project 

3 financed with funds made available to carry out subsection 

4 (e) shall be up to 90 percent of the cost thereof.’’; 

5 (7) by striking subsection (g) and inserting the 

6 following: 

7 ‘‘(g) REPORT.— 

8 ‘‘(1) STATE REPORT.— 

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

10 after the date of enactment of the INVEST in 

11 America Act, and at least biennially thereafter, 

12 each State shall submit to the Secretary a re13 port on the progress being made to implement 

14 the railway crossings program authorized by 

15 this section and the effectiveness of projects to 

16 improve railway crossing safety. 

17 ‘‘(B) CONTENTS.—Each State report 

18 under subparagraph (A) shall contain an as19 sessment of the costs of the various treatments 

20 employed and subsequent accident experience at 

21 improved locations. 

22 ‘‘(2) DEPARTMENTAL REPORT.— 

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

24 days after the deadline for the submission of a 

25 report under paragraph (1)(A), the Secretary 


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1 shall publish on the website of the Department 

2 of Transportation a report on the progress 

3 being made by the State in implementing 

4 projects to improve railway crossings. 

5 ‘‘(B) CONTENTS.—The report under sub6 paragraph (A) shall include— 

7 ‘‘(i) the number of projects under8 taken; 

9 ‘‘(ii) distribution of such projects by 

10 cost range, road system, nature of treat11 ment, and subsequent accident experience 

12 at improved locations; 

13 ‘‘(iii) an analysis and evaluation of 

14 each State program; 

15 ‘‘(iv) the identification of any State 

16 found not to be in compliance with the 

17 schedule of improvements required by sub18 section (d); and 

19 ‘‘(v) recommendations for future im20 plementation of the railway crossings pro21 gram.’’; 

22 (8) in subsection (j)— 

23 (A) in the heading by inserting ‘‘AND PE24 DESTRIAN’’ after ‘‘BICYCLE’’; and 


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1 (B) by inserting ‘‘and pedestrian’’ after 

2 ‘‘bicycle’’; and 

3 (9) in subsection (l)— 

4 (A) in paragraph (1) by striking ‘‘Not 

5 later than’’ and all that follows through ‘‘each 

6 State’’ and inserting ‘‘Not later than 6 months 

7 after a new railway crossing becomes oper8 ational, each State’’; and 

9 (B) in paragraph (2) by striking ‘‘On a 

10 periodic’’ and all that follows through ‘‘every 

11 year thereafter’’ and inserting ‘‘On or before 

12 September 30 of each year’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 1 of title 23, United States Code, is amended by 

15 amending the item relating to section 130 to read as fol16 lows: 

‘‘130. Railway crossings.’’. 

17 (c) GAO STUDY.—Not later than 2 years after the 

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall submit to Congress a report 

20 that includes an analysis of the effectiveness of the railway 

21 crossing program under section 130 of title 23, United 

22 States Code. 

23 (d) SENSE OF CONGRESS RELATING TO TRESPASSER

24 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 

25 sense of Congress that the Department of Transportation 


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1 should, where feasible, coordinate departmental efforts to 

2 prevent or reduce trespasser deaths along railroad rights3 of-way and at or near railway-highway crossings. 

4 SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 

5 (a) IN GENERAL.—Section 133 of title 23, United 

6 States Code, is amended— 

7 (1) in the heading by striking ‘‘block grant’’; 

8 (2) in subsection (a) by striking ‘‘block grant’’; 

9 (3) in subsection (b)— 

10 (A) by striking ‘‘block grant’’; 

11 (B) in paragraph (1)(B) by inserting ‘‘, ex12 cept that for the purposes of this section hover13 craft and terminal facilities for hovercraft en14 gaging in water transit for passengers or vehi15 cles shall be considered ferry boats and ferry 

16 terminal facilities eligible under section 129(c)’’ 

17 after ‘‘section 129(c)’’; 

18 (C) in paragraph (4) by striking ‘‘railway19 highway grade crossings’’ and inserting 

20 ‘‘projects eligible under section 130 and instal21 lation of safety barriers and nets on bridges’’; 

22 (D) in paragraph (6)— 

23 (i) by striking ‘‘Recreational’’ and in24 serting ‘‘Transportation alternatives 


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1 projects eligible under subsection (h), rec2 reational’’; and 

3 (ii) by striking ‘‘1404 of SAFETEA– 

4 LU (23 U.S.C. 402 note)’’ and inserting 

5 ‘‘211’’; 

6 (E) in paragraph (12) by striking ‘‘travel’’ 

7 and inserting ‘‘transportation’’; and 

8 (F) by adding at the end the following: 

9 ‘‘(16) Protective features (including natural in10 frastructure and vegetation control and clearance) to 

11 enhance the resilience of a transportation facility 

12 otherwise eligible for assistance under this section. 

13 ‘‘(17) Projects to reduce greenhouse gas emis14 sions eligible under section 171, including the instal15 lation of electric vehicle charging infrastructure. 

16 ‘‘(18) Projects and strategies to reduce vehicle17 caused wildlife mortality related to, or to restore and 

18 maintain connectivity among terrestrial or aquatic 

19 habitats affected by, a transportation facility other20 wise eligible for assistance under this section. 

21 ‘‘(19) A surface transportation project carried 

22 out in accordance with the national travel and tour23 ism infrastructure strategic plan under section 

24 1431(e) of the FAST Act (49 U.S.C. 301 note). 


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1 ‘‘(20) roads in rural areas that primarily serve 

2 to transport agricultural products from a farm or 

3 ranch to a marketplace. 

4 ‘‘(21) The removal, retrofit, repurposing, reme5 diation, or replacement of a highway or other trans6 portation facility that creates a barrier to commu7 nity connectivity to improve access for multiple 

8 modes of transportation.’’; 

9 (4) in subsection (c)— 

10 (A) by striking ‘‘block grant’’ and inserting 

11 ‘‘program’’; 

12 (B) by striking paragraph (3) and insert13 ing the following: 

14 ‘‘(3) for a project described in— 

15 ‘‘(A) subsection (h); or 

16 ‘‘(B) section 101(a)(29), as in effect on 

17 the day before the date of enactment of the 

18 FAST Act;’’; 

19 (C) by redesignating paragraph (4) as 

20 paragraph (5); and 

21 (D) by inserting after paragraph (3) the 

22 following: 

23 ‘‘(4) for a project described in section 5308 of 

24 title 49; and’’; 

25 (5) in subsection (d)— 


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1 (A) in paragraph (1)— 

2 (i) by inserting ‘‘each fiscal year’’ 

3 after ‘‘apportioned to a State’’; 

4 (ii) by striking ‘‘the reservation of’’ 

5 and inserting ‘‘setting aside’’; and 

6 (iii) in subparagraph (A)— 

7 (I) by striking ‘‘the percentage 

8 specified in paragraph (6) for a fiscal 

9 year’’ and inserting ‘‘57 percent for 

10 fiscal year 2023, 58 percent for fiscal 

11 year 2024, 59 percent for fiscal year 

12 2025, and 60 percent for fiscal year 

13 2026’’; 

14 (II) in clause (i) by striking ‘‘of 

15 over’’ and inserting ‘‘greater than’’; 

16 and 

17 (III) by striking clauses (ii) and 

18 (iii) and inserting the following: 

19 ‘‘(ii) in urbanized areas of the State 

20 with an urbanized area population greater 

21 than 49,999 and less than 200,001; 

22 ‘‘(iii) in urban areas of the State with 

23 a population greater than 4,999 and less 

24 than 50,000; and 


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1 ‘‘(iv) in other areas of the State with 

2 a population less than 5,000; and’’; 

3 (B) by striking paragraph (3) and insert4 ing the following: 

5 ‘‘(3) LOCAL COORDINATION AND CONSULTA6 TION.— 

7 ‘‘(A) COORDINATION WITH METROPOLITAN

8 PLANNING ORGANIZATIONS.—For purposes of 

9 paragraph (1)(A)(ii), a State shall— 

10 ‘‘(i) establish a process to coordinate 

11 with all metropolitan planning organiza12 tions in the State that represent an urban13 ized area described in such paragraph; and 

14 ‘‘(ii) describe how funds described 

15 under paragraph (1)(A)(ii) will be allo16 cated equitably among such urbanized 

17 areas during the period of fiscal years 

18 2023 through 2026. 

19 ‘‘(B) JOINT RESPONSIBILITY.—Each State 

20 and the Secretary shall jointly ensure compli21 ance with subparagraph (A). 

22 ‘‘(C) CONSULTATION WITH REGIONAL

23 TRANSPORTATION PLANNING ORGANIZA24 TIONS.—For purposes of clauses (iii) and (iv) 

25 of paragraph (1)(A), before obligating funding 


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1 attributed to an area with a population less 

2 than 50,000, a State shall consult with the re3 gional transportation planning organizations 

4 that represent the area, if any.’’; 

5 (C) in the heading for paragraph (4) by 

6 striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT7 ER THAN 200,000’’; 

8 (D) by striking paragraph (6) and insert9 ing the following: 

10 ‘‘(6) TECHNICAL ASSISTANCE.— 

11 ‘‘(A) IN GENERAL.—The State and all 

12 metropolitan planning organizations in the 

13 State that represent an urbanized area with a 

14 population of greater than 200,000 may jointly 

15 establish a program to improve the ability of 

16 applicants to deliver projects under this sub17 section in an efficient and expeditious manner 

18 and reduce the period of time between the selec19 tion of the project and the obligation of funds 

20 for the project by providing— 

21 ‘‘(i) technical assistance and training 

22 to applicants for projects under this sub23 section; and 

24 ‘‘(ii) funding for one or more full-time 

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1 ployee positions to administer this sub2 section. 

3 ‘‘(B) ELIGIBLE FUNDS.—To carry out this 

4 paragraph, a State or metropolitan planning or5 ganization may use funds made available under 

6 paragraphs (2) or (6) of section 104(b). 

7 ‘‘(C) USE OF FUNDS.—Amounts used 

8 under this paragraph may be expended— 

9 ‘‘(i) directly by the State or metropoli10 tan planning organization; or 

11 ‘‘(ii) through contracts with State 

12 agencies, private entities, or nonprofit or13 ganizations.’’; 

14 (6) in subsection (e)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘over 200,000’’ and in17 serting ‘‘greater than 200,000’’; and 

18 (ii) by striking ‘‘2016 through 2020’’ 

19 and inserting ‘‘2023 through 2026’’; and 

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

21 ‘‘(3) ANNUAL AMOUNTS.—To the extent prac22 ticable, each State shall annually notify each af23 fected metropolitan planning organization as to the 

24 amount of obligation authority that will be made 


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1 available under paragraph (1) to each affected met2 ropolitan planning organization for the fiscal year.’’; 

3 (7) by striking subsection (f) and inserting the 

4 following: 

5 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 

6 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 

7 this subsection, the term ‘off-system bridge’ means 

8 a bridge located on a public road, other than a 

9 bridge on a Federal-aid highway. 

10 ‘‘(2) SPECIAL RULE.— 

11 ‘‘(A) SET ASIDE.—Of the amounts appor12 tioned to a State for each fiscal year under this 

13 section other than the amounts described in 

14 subparagraph (C), the State shall obligate for 

15 activities described in subsection (b)(2) (as in 

16 effect on the day before the date of enactment 

17 of the FAST Act) for off-system bridges an 

18 amount that is not less than 20 percent of the 

19 amounts available to such State under this sec20 tion in fiscal year 2020, not including the 

21 amounts described in subparagraph (C). 

22 ‘‘(B) REDUCTION OF EXPENDITURES.— 

23 The Secretary, after consultation with State 

24 and local officials, may reduce the requirement 

25 for expenditures for off-system bridges under 


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1 subparagraph (A) with respect to the State if 

2 the Secretary determines that the State has in3 adequate needs to justify the expenditure. 

4 ‘‘(C) LIMITATIONS.—The following 

5 amounts shall not be used for the purposes of 

6 meeting the requirements of subparagraph (A): 

7 ‘‘(i) Amounts described in section 

8 133(d)(1)(A). 

9 ‘‘(ii) Amounts set aside under section 

10 133(h). 

11 ‘‘(iii) Amounts described in section 

12 505(a). 

13 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL14 AID HIGHWAYS.—Notwithstanding any other provi15 sion of law, with respect to any project not on a 

16 Federal-aid highway for the replacement of a bridge 

17 or rehabilitation of a bridge that is wholly funded 

18 from State and local sources, is eligible for Federal 

19 funds under this section, is certified by the State to 

20 have been carried out in accordance with all stand21 ards applicable to such projects under this section, 

22 and is determined by the Secretary upon completion 

23 to be no longer a deficient bridge— 

24 ‘‘(A) any amount expended after the date 

25 of enactment of this subsection from State and 


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1 local sources for the project in excess of 20 per2 cent of the cost of construction of the project 

3 may be credited to the non-Federal share of the 

4 cost of other bridge projects in the State that 

5 are eligible for Federal funds under this sec6 tion; and 

7 ‘‘(B) that crediting shall be conducted in 

8 accordance with procedures established by the 

9 Secretary.’’; and 

10 (8) in subsection (g)— 

11 (A) in the heading by striking ‘‘5,000’’ and 

12 inserting ‘‘50,000’’; and 

13 (B) in paragraph (1) by striking ‘‘sub14 section (d)(1)(A)(ii)’’ and all that follows 

15 through the period at the end and inserting 

16 ‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 

17 for each fiscal year may be obligated on roads 

18 functionally classified as rural minor collectors 

19 or local roads or on critical rural freight cor20 ridors designated under section 167(e).’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 1 of title 23, United States Code, is amended by strik23 ing the item relating to section 133 and inserting the fol24 lowing: 

‘‘133. Surface transportation program.’’. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) ADVANCE ACQUISITION OF REAL PROP2 ERTY.—Section 108(c) of title 23, United States 

3 Code, is amended— 

4 (A) in paragraph (2)(A) by striking ‘‘block 

5 grant’’; and 

6 (B) in paragraph (3) by striking ‘‘block 

7 grant’’. 

8 (2) PUBLIC TRANSPORTATION.—Section 

9 142(e)(2) of title 23, United States Code, is amend10 ed by striking ‘‘block grant’’. 

11 (3) HIGHWAY USE TAX EVASION PROJECTS.— 

12 Section 143(b)(8) of title 23, United States Code, is 

13 amended in the heading by striking ‘‘BLOCK

14 GRANT’’. 

15 (4) CONGESTION MITIGATION AND AIR QUALITY

16 IMPROVEMENT PROGRAM.—Section 149(d) of title 

17 23, United States Code, is amended— 

18 (A) in paragraph (1)(B) by striking ‘‘block 

19 grant’’; and 

20 (B) in paragraph (2)(A) by striking ‘‘block 

21 grant’’. 

22 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

23 PROGRAM.—Section 165 of title 23, United States 

24 Code, is amended— 


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1 (A) in subsection (b)(2)(A)(ii) by striking 

2 ‘‘block grant’’ each time such term appears; 

3 and 

4 (B) in subsection (c)(6)(A)(i) by striking 

5 ‘‘block grant’’. 

6 (6) MAGNETIC LEVITATION TRANSPORTATION

7 TECHNOLOGY DEPLOYMENT PROGRAM.—Section 

8 322(h)(3) of title 23, United States Code, is amend9 ed by striking ‘‘block grant’’. 

10 (7) TRAINING AND EDUCATION.—Section 

11 504(a)(4) of title 23, United States Code, is amend12 ed by striking ‘‘block grant’’. 

13 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 

14 Section 133(h) of title 23, United States Code, is 

15 amended to read as follows: 

16 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM

17 SET-ASIDE.— 

18 ‘‘(1) SET ASIDE.—For each fiscal year, of the 

19 total funds apportioned to all States under section 

20 104(b)(2) for a fiscal year, the Secretary shall set 

21 aside an amount such that— 

22 ‘‘(A) the Secretary sets aside a total 

23 amount under this subsection for a fiscal year 

24 equal to 10 percent of such total funds; and 


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1 ‘‘(B) the State’s share of the amount set 

2 aside under subparagraph (A) is determined by 

3 multiplying the amount set aside under sub4 paragraph (A) by the ratio that— 

5 ‘‘(i) the amount apportioned to the 

6 State for the transportation enhancement 

7 program for fiscal year 2009 under section 

8 133(d)(2), as in effect on the day before 

9 the date of enactment of MAP–21; bears 

10 to 

11 ‘‘(ii) the total amount of funds appor12 tioned to all States for the transportation 

13 enhancements program for fiscal year 

14 2009. 

15 ‘‘(2) ALLOCATION WITHIN A STATE.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), funds set aside for a State 

18 under paragraph (1) shall be obligated within 

19 that State in the manner described in sub20 sections (d) and (e), except that, for purposes 

21 of this paragraph (after funds are made avail22 able under paragraph (5))— 

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1 section (d) shall be deemed to be 66 per2 cent; and 

3 ‘‘(ii) paragraph (3) of subsection (d) 

4 shall not apply. 

5 ‘‘(B) LOCAL CONTROL.— 

6 ‘‘(i) IN GENERAL.—A State may make 

7 available up to 100 percent of the funds 

8 set aside under paragraph (1) to the enti9 ties described in subclause (I) if the State 

10 submits to the Secretary, and the Sec11 retary approves, a plan that describes— 

12 ‘‘(I) how such funds shall be 

13 made available to metropolitan plan14 ning organizations, regional transpor15 tation planning organizations, coun16 ties, or other regional transportation 

17 authorities; 

18 ‘‘(II) how the entities described 

19 in subclause (I) shall select projects 

20 for funding and how such entities 

21 shall report selected projects to the 

22 State; 

23 ‘‘(III) the legal, financial, and 

24 technical capacity of such entities; and 


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1 ‘‘(IV) the procedures in place to 

2 ensure such entities comply with the 

3 requirements of this title. 

4 ‘‘(ii) REQUIREMENT.—A State that 

5 makes funding available under a plan ap6 proved under this subparagraph shall make 

7 available an equivalent amount of obliga8 tion authority to an entity described in 

9 clause (i)(I) to whom funds are made 

10 available under this subparagraph. 

11 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 

12 under this subsection may be obligated for any of 

13 the following projects or activities: 

14 ‘‘(A) Construction, planning, and design of 

15 on-road and off-road trail facilities for pedes16 trians, bicyclists, and other nonmotorized forms 

17 of transportation, including sidewalks, bicycle 

18 infrastructure, pedestrian and bicycle signals, 

19 traffic calming techniques, lighting and other 

20 safety-related infrastructure, and transportation 

21 projects to achieve compliance with the Ameri22 cans with Disabilities Act of 1990 (42 U.S.C. 

23 12101 et seq.). 

24 ‘‘(B) Construction, planning, and design of 

25 infrastructure-related projects and systems that 


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1 will provide safe routes for nondrivers, includ2 ing children, older adults, and individuals with 

3 disabilities to access daily needs. 

4 ‘‘(C) Conversion and use of abandoned 

5 railroad corridors for trails for pedestrians, 

6 bicyclists, or other nonmotorized transportation 

7 users. 

8 ‘‘(D) Construction of turnouts, overlooks, 

9 and viewing areas. 

10 ‘‘(E) Community improvement activities, 

11 including— 

12 ‘‘(i) inventory, control, or removal of 

13 outdoor advertising; 

14 ‘‘(ii) historic preservation and reha15 bilitation of historic transportation facili16 ties; 

17 ‘‘(iii) vegetation management prac18 tices in transportation rights-of-way to im19 prove roadway safety, prevent against 

20 invasive species, facilitate wildfire control, 

21 and provide erosion control; 

22 ‘‘(iv) archaeological activities relating 

23 to impacts from implementation of a trans24 portation project eligible under this title; 

25 and 


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1 ‘‘(v) the planting of trees, appropriate 

2 to the region, in street medians, islands, 

3 and along sidewalks in order to com4 plement traffic calming techniques. 

5 ‘‘(F) Any environmental mitigation activ6 ity, including pollution prevention and pollution 

7 abatement activities and mitigation to address 

8 stormwater management, control, and water 

9 pollution prevention or abatement related to 

10 highway construction or due to highway runoff, 

11 including activities described in sections 328(a) 

12 and 329. 

13 ‘‘(G) 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 otherwise eligible for assistance 

18 under this subsection. 

19 ‘‘(H) The recreational trails program 

20 under section 206. 

21 ‘‘(I) The safe routes to school program 

22 under section 211. 

23 ‘‘(J) Activities in furtherance of a vulner24 able road user assessment described in section 

25 148. 


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1 ‘‘(K) Any other projects or activities de2 scribed in section 101(a)(29) or section 213, as 

3 such sections were in effect on the day before 

4 the date of enactment of the FAST Act (Public 

5 Law 114–94). 

6 ‘‘(4) ACCESS TO FUNDS.— 

7 ‘‘(A) IN GENERAL.—A State, metropolitan 

8 planning organization required to obligate funds 

9 in accordance with paragraph (2)(A), or an en10 tity required to obligate funds in accordance 

11 with paragraph (2)(B) shall develop a competi12 tive process to allow eligible entities to submit 

13 projects for funding that achieve the objectives 

14 of this subsection. A metropolitan planning or15 ganization for an area described in subsection 

16 (d)(1)(A)(i) shall select projects under such 

17 process in consultation with the relevant State. 

18 ‘‘(B) PRIORITY.—The processes described 

19 in subparagraph (A) shall prioritize project lo20 cation and impact in low-income, transit-de21 pendent, or other high-need areas. 

22 ‘‘(C) ELIGIBLE ENTITY DEFINED.—In this 

23 paragraph, the term ‘eligible entity’ means— 

24 ‘‘(i) a local government, including a 

25 county or multi-county special district; 


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1 ‘‘(ii) a regional transportation author2 ity; 

3 ‘‘(iii) a transit agency; 

4 ‘‘(iv) a natural resource or public land 

5 agency; 

6 ‘‘(v) a school district, local education 

7 agency, or school; 

8 ‘‘(vi) a tribal government; 

9 ‘‘(vii) a metropolitan planning organi10 zation that serves an urbanized area with 

11 a population of 200,000 or fewer; 

12 ‘‘(viii) a nonprofit organization car13 rying out activities related to transpor14 tation; 

15 ‘‘(ix) any other local or regional gov16 ernmental entity with responsibility for or 

17 oversight of transportation or recreational 

18 trails (other than a metropolitan planning 

19 organization that serves an urbanized area 

20 with a population of over 200,000 or a 

21 State agency) that the State determines to 

22 be eligible, consistent with the goals of this 

23 subsection; and 

24 ‘‘(x) a State, at the request of any en25 tity listed in clauses (i) through (ix). 


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1 ‘‘(5) CONTINUATION OF CERTAIN REC2 REATIONAL TRAILS PROJECTS.— 

3 ‘‘(A) IN GENERAL.—For each fiscal year, a 

4 State shall— 

5 ‘‘(i) obligate an amount of funds set 

6 aside under this subsection equal to 175 

7 percent of the amount of the funds appor8 tioned to the State for fiscal year 2009 

9 under section 104(h)(2), as in effect on the 

10 day before the date of enactment of MAP– 

11 21, for projects relating to recreational 

12 trails under section 206; 

13 ‘‘(ii) return 1 percent of the funds de14 scribed in clause (i) to the Secretary for 

15 the administration of such program; and 

16 ‘‘(iii) comply with the provisions of 

17 the administration of the recreational trails 

18 program under section 206, including the 

19 use of apportioned funds described in sub20 section (d)(3)(A) of such section. 

21 ‘‘(B) STATE FLEXIBILITY.—A State may 

22 opt out of the recreational trails program under 

23 this paragraph if the Governor of the State no24 tifies the Secretary not later than 30 days prior 


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1 to the date on which an apportionment is made 

2 under section 104 for any fiscal year. 

3 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI4 CIENCY.— 

5 ‘‘(A) IN GENERAL.—A State may use an 

6 amount equal to not more than 5 percent of the 

7 funds set aside for the State under this sub8 section, after allocating funds in accordance 

9 with paragraph (2)(A), to improve the ability of 

10 applicants to access funding for projects under 

11 this subsection in an efficient and expeditious 

12 manner by providing— 

13 ‘‘(i) to applicants for projects under 

14 this subsection application assistance, tech15 nical assistance, and assistance in reducing 

16 the period of time between the selection of 

17 the project and the obligation of funds for 

18 the project; and 

19 ‘‘(ii) funding for one or more full-time 

20 State employee positions to administer this 

21 subsection. 

22 ‘‘(B) USE OF FUNDS.—Amounts used 

23 under subparagraph (A) may be expended— 

24 ‘‘(i) directly by the State; or 


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1 ‘‘(ii) through contracts with State 

2 agencies, private entities, or nonprofit enti3 ties. 

4 ‘‘(C) IMPROVING PROJECT DELIVERY.— 

5 ‘‘(i) IN GENERAL.—The Secretary 

6 shall take such action as may be necessary, 

7 consistent with Federal requirements, to 

8 facilitate efficient and timely delivery of 

9 projects under this subsection that are 

10 small, low impact, and constructed within 

11 an existing built environment. 

12 ‘‘(ii) CONSIDERATIONS.—The Sec13 retary shall consider the use of pro14 grammatic agreements, expedited or alter15 native procurement processes (including 

16 project bundling), and other effective prac17 tices to facilitate the goals of this para18 graph. 

19 ‘‘(7) FEDERAL SHARE.— 

20 ‘‘(A) FLEXIBLE MATCH.— 

21 ‘‘(i) IN GENERAL.—Notwithstanding 

22 section 120— 

23 ‘‘(I) the non-Federal share for a 

24 project under this subsection may be 


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1 calculated on a project, multiple2 project, or program basis; and 

3 ‘‘(II) the Federal share of the 

4 cost of an individual project in this 

5 subsection may be up to 100 percent. 

6 ‘‘(ii) AGGREGATE NON-FEDERAL

7 SHARE.—The average annual non-Federal 

8 share of the total cost of all projects for 

9 which funds are obligated under this sub10 section in a State for a fiscal year shall be 

11 not less than the non-Federal share au12 thorized for the State under section 120. 

13 ‘‘(iii) REQUIREMENT.—This subpara14 graph shall only apply to a State if such 

15 State has adequate financial controls, as 

16 certified by the Secretary, to account for 

17 the average annual non-Federal share 

18 under this subparagraph. 

19 ‘‘(B) SAFETY PROJECTS.—Notwith20 standing section 120, funds made available to 

21 carry out section 148 may be credited toward 

22 the non-Federal share of the costs of a project 

23 under this subsection if the project— 

24 ‘‘(i) is a project described in section 

25 148(e)(1); and 


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1 ‘‘(ii) is consistent with the State stra2 tegic highway safety plan (as defined in 

3 section 148(a)). 

4 ‘‘(8) FLEXIBILITY.— 

5 ‘‘(A) STATE AUTHORITY.— 

6 ‘‘(i) IN GENERAL.—A State may use 

7 not more than 50 percent of the funds set 

8 aside under this subsection that are avail9 able for obligation in any area of the State 

10 (suballocated consistent with the require11 ments of subsection (d)(1)(B)) for any 

12 purpose eligible under subsection (b). 

13 ‘‘(ii) RESTRICTION.—Funds may be 

14 used as described in clause (i) only if the 

15 State demonstrates to the Secretary— 

16 ‘‘(I) that the State held a com17 petition in compliance with the re18 quirements of this subsection in such 

19 form as the Secretary determines ap20 propriate; 

21 ‘‘(II) that the State offered tech22 nical assistance to all eligible entities 

23 and provided such assistance upon re24 quest by an eligible entity; and 


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1 ‘‘(III) that there were not suffi2 cient suitable applications from eligi3 ble entities to use the funds described 

4 in clause (i). 

5 ‘‘(B) MPO AUTHORITY.— 

6 ‘‘(i) IN GENERAL.—A metropolitan 

7 planning organization that represents an 

8 urbanized area with a population of great9 er than 200,000 may use not more than 

10 50 percent of the funds set aside under 

11 this subsection for an urbanized area de12 scribed in subsection (d)(1)(A)(i) for any 

13 purpose eligible under subsection (b). 

14 ‘‘(ii) RESTRICTION.—Funds may be 

15 used as described in clause (i) only if the 

16 Secretary certifies that the metropolitan 

17 planning organization— 

18 ‘‘(I) held a competition in compli19 ance with the requirements of this 

20 subsection in such form as the Sec21 retary determines appropriate; and 

22 ‘‘(II) demonstrates that there 

23 were not sufficient suitable applica24 tions from eligible entities to use the 

25 funds described in clause (i). 


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1 ‘‘(9) ANNUAL REPORTS.— 

2 ‘‘(A) IN GENERAL.—Each State or metro3 politan planning organization responsible for 

4 carrying out the requirements of this subsection 

5 shall submit to the Secretary an annual report 

6 that describes— 

7 ‘‘(i) the number of project applica8 tions received for each fiscal year, includ9 ing— 

10 ‘‘(I) the aggregate cost of the 

11 projects for which applications are re12 ceived; and 

13 ‘‘(II) the types of projects by eli14 gibility category to be carried out, ex15 pressed as percentages of the total ap16 portionment of the State under this 

17 subsection; and 

18 ‘‘(ii) the list of each project selected 

19 for funding for each fiscal year, including 

20 specifying the fiscal year for which the 

21 project was selected, the fiscal year in 

22 which the project is anticipated to be fund23 ed, the recipient, the funding sources (in24 cluding non-Federal match), the project 

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1 sional district, the type by eligibility cat2 egory, and a brief description. 

3 ‘‘(B) PUBLIC AVAILABILITY.—The Sec4 retary shall make available to the public, in a 

5 user-friendly format on the website of the De6 partment of Transportation, a copy of each an7 nual report submitted under subparagraph 

8 (A).’’. 

9 SEC. 1207. BRIDGE INVESTMENT. 

10 (a) IN GENERAL.—Section 144 of title 23, United 

11 States Code, is amended— 

12 (1) in the section heading by striking ‘‘Na13 tional bridge and tunnel inventory and 

14 inspection standards’’ and inserting 

15 ‘‘Bridges and tunnels’’; 

16 (2) in subsection (a)(1)(B) by striking ‘‘defi17 cient’’; 

18 (3) in subsection (b)(5) by striking ‘‘struc19 turally deficient bridge’’ and inserting ‘‘bridge classi20 fied as in poor condition’’; 

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 MAP–21, each’’ and inserting ‘‘Each’’; 

25 and 


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1 (B) by striking paragraph (4); 

2 (5) in subsection (j)— 

3 (A) in paragraph (2) by inserting ‘‘, 124,’’ 

4 after ‘‘section 119’’; 

5 (B) in paragraph (3)(A) by inserting ‘‘, 

6 124,’’ after ‘‘section 119’’; and 

7 (C) in paragraph (5) by striking ‘‘financial 

8 characteristics’’ and all that follows through the 

9 end and inserting ‘‘Federal share.’’; and 

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

11 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA12 BILITATION.— 

13 ‘‘(1) GOALS.—The goals of this subsection shall 

14 be to— 

15 ‘‘(A) support the achievement of a state of 

16 good repair for the Nation’s bridges; 

17 ‘‘(B) improve the safety, efficiency, and re18 liability of the movement of people and freight 

19 over bridges; 

20 ‘‘(C) improve the condition of bridges in 

21 the United States by reducing— 

22 ‘‘(i) the number of bridges— 

23 ‘‘(I) in poor condition; or 

24 ‘‘(II) in fair condition and at risk 

25 of falling into poor condition; 


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1 ‘‘(ii) the total person miles traveled 

2 over bridges— 

3 ‘‘(I) in poor condition; or 

4 ‘‘(II) in fair condition and at risk 

5 of falling into poor condition; 

6 ‘‘(iii) the number of bridges that— 

7 ‘‘(I) do not meet current geo8 metric design standards; or 

9 ‘‘(II) cannot meet the load and 

10 traffic requirements typical of the re11 gional transportation network; and 

12 ‘‘(iv) the total person miles traveled 

13 over bridges that— 

14 ‘‘(I) do not meet current geo15 metric design standards; or 

16 ‘‘(II) cannot meet the load and 

17 traffic requirements typical of the re18 gional transportation network; and 

19 ‘‘(D) increase the resilience of bridges, in20 cluding the ability to withstand disruptions 

21 from a seismic event. 

22 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 

23 ‘‘(A) MINIMUM BRIDGE INVESTMENT.— 

24 Excluding the amounts described in subpara25 graph (C), of the total funds apportioned to a 


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1 State under paragraphs (1) and (2) of section 

2 104(b) for fiscal years 2023 to 2026, a State 

3 shall obligate not less than 20 percent for 

4 projects described in subparagraph (E). 

5 ‘‘(B) PROGRAM FLEXIBILITY.—A State re6 quired to obligate funds under subparagraph 

7 (A) may use any combination of funds appor8 tioned to a State under paragraphs (1) and (2) 

9 of section 104(b). 

10 ‘‘(C) LIMITATION.—Amounts described 

11 below may not be used for the purposes of cal12 culating or meeting the minimum bridge invest13 ment requirement under subparagraph (A)— 

14 ‘‘(i) amounts described in section 

15 133(d)(1)(A); 

16 ‘‘(ii) amounts set aside under section 

17 133(h); and 

18 ‘‘(iii) amounts described in section 

19 505(a). 

20 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

21 in this section shall be construed to prohibit the 

22 expenditure of funds described in subparagraph 

23 (C) for bridge projects eligible under such sec24 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) by striking paragraph (7) and insert9 ing the following: 

10 ‘‘(7) if the project or program utilizes transpor11 tation demand management strategies, shifts traffic 

12 demand to nonpeak hours or other transportation 

13 modes, increases vehicle occupancy rates, or other14 wise reduces demand for roads through such means 

15 as telecommuting, ridesharing, carsharing, shared 

16 micromobility (including bikesharing and shared 

17 scooter systems), publicly accessible charging sta18 tions, docks, and storage for electric bicycles and 

19 micromobility devices, alternative work hours, and 

20 pricing;’’; and 

21 (C) in paragraph (8)(B) by striking ‘‘; or’’ 

22 and inserting a semicolon; 

23 (D) in paragraph (9) by striking the period 

24 and inserting a semicolon; and 

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


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1 ‘‘(10) if the project or program mitigates sea2 sonal or temporary traffic congestion from long-haul 

3 travel or tourism; 

4 ‘‘(11) if the project or program is for the point5 of-sale purchase of zero-emission medium- and 

6 heavy-duty vehicles or related zero-emission oper7 ations equipment, or supports battery electric charg8 ing or fuel cell electric refueling infrastructure and 

9 related equipment for medium- and heavy-duty vehi10 cles in projects or programs such as depot infra11 structure and infrastructure along routes servicing 

12 regional freight hubs; or 

13 ‘‘(12) if the project or program of projects in14 volves the deployment of hyperlocal air quality mo15 bile monitoring systems primarily to monitor trans16 portation-related emissions.’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (2)— 

19 (i) in the heading by inserting ‘‘, HY20 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE21 HICLE’’; 

22 (ii) by inserting ‘‘hydrogen or’’ after 

23 ‘‘charging stations or’’; and 

24 (iii) by inserting ‘‘, hydrogen-pow25 ered,’’ after ‘‘battery powered’’; and 


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1 (B) in paragraph (3) by inserting ‘‘, and is 

2 consistent with section 166’’ after ‘‘travel 

3 times’’; and 

4 (3) by striking subsection (m) and inserting the 

5 following: 

6 ‘‘(m) OPERATING ASSISTANCE.— 

7 ‘‘(1) PROJECTS.—A State may obligate funds 

8 apportioned under section 104(b)(4) in an area of 

9 such State that is otherwise eligible for obligations 

10 of such funds for operating costs under chapter 53 

11 of title 49 or on a system for which CMAQ funding 

12 was made available, obligated, or expended in fiscal 

13 year 2012, or, notwithstanding subsection (b), on a 

14 State-supported Amtrak route with a cost-sharing 

15 agreement under section 209 of the Passenger Rail 

16 Investment and Improvement Act of 2008 or alter17 native cost allocation under section 24712(g)(3) of 

18 title 49. 

19 ‘‘(2) TIME LIMITATION.—In determining the 

20 amount of time for which a State may obligate funds 

21 under paragraph (1) for operating assistance for an 

22 area of a State or on a system, the Secretary shall 

23 allow such obligations to occur, in such area or on 

24 such system— 


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1 ‘‘(A) with a time limitation of not less than 

2 3 years; and 

3 ‘‘(B) in the case of projects that dem4 onstrate continued net air quality benefits be5 yond 3 years, as determined annually by the 

6 Secretary in consultation with the Adminis7 trator of the Environmental Protection Agency, 

8 with no imposed time limitation. 

9 ‘‘(n) HYPERLOCAL AIR QUALITY MOBILE MONI10 TORING SYSTEMS DEFINED.—In this section, the term 

11 ‘hyperlocal air quality mobile monitoring systems’ means 

12 a method of monitoring and mapping ambient air quality 

13 and greenhouse gases and detecting the presence of pollut14 ants using mobile vehicles that yields frequently repeated, 

15 on-going measurements of pollutants and greenhouse 

16 gases at a block-level resolution and identifies hotspots of 

17 persistent elevated levels of pollutants and greenhouse 

18 gases.’’. 

19 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 

20 (a) ELECTRIC VEHICLE CHARGING STATIONS.— 

21 Chapter 1 of title 23, United States Code, is amended by 

22 inserting after section 154 the following new section: 


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1 ‘‘§ 155. Electric vehicle charging stations 

2 ‘‘(a) IN GENERAL.—Any electric vehicle charging in3 frastructure funded under this title shall be subject to the 

4 requirements of this section. 

5 ‘‘(b) INTEROPERABILITY.—An electric vehicle charg6 ing station funded under this title shall— 

7 ‘‘(1) provide a charging connector type or 

8 means to transmit electricity to vehicles that meets 

9 applicable industry accepted practices and safety 

10 standards; and 

11 ‘‘(2) have the ability to serve vehicles produced 

12 by more than one vehicle manufacturer. 

13 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 

14 charging stations shall provide payment methods available 

15 to all members of the public to ensure secure, convenient, 

16 and equal access and shall not be limited by membership 

17 to a particular payment provider. 

18 ‘‘(d) NETWORK CAPABILITY.—An electric vehicle 

19 charging station funded under this title shall be capable 

20 of being remotely monitored. 

21 ‘‘(e) STANDARDS AND GUIDANCE.—Not less than 

22 180 days after enactment of the INVEST in America Act, 

23 the Secretary of Transportation, in coordination with the 

24 Secretary of Energy and in consultation with relevant 

25 stakeholders, shall, as appropriate, develop standards and 


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1 guidance applicable to any electric vehicle charging station 

2 funded in whole or in part under this title related to— 

3 ‘‘(1) the installation, operation, or maintenance 

4 by qualified technicians of electric vehicle charging 

5 infrastructure; 

6 ‘‘(2) the interoperability of electric vehicle 

7 charging infrastructure; 

8 ‘‘(3) any traffic control device or on-premises 

9 sign acquired, installed, or operated related to an 

10 electric vehicle charging station funded under this 

11 title; and 

12 ‘‘(4) network connectivity of electric vehicle 

13 charging infrastructure, including measures to pro14 tect personal privacy and ensure cybersecurity. 

15 ‘‘(f) WAGE REQUIREMENTS.—Section 113 shall apply 

16 to any project for electric vehicle charging infrastructure 

17 funded under this title.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 1 of title 23, United States Code, is amended by insert20 ing after the item relating to section 154 the following 

21 new item: 

‘‘155. Electric vehicle charging stations.’’. 

22 (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 

23 Secretary of Transportation shall update the Manual on 

24 Uniform Traffic Control Devices to— 


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1 (1) ensure uniformity in providing road users 

2 direction to electric charging stations that are open 

3 to the public; and 

4 (2) allow the use of a comprehensive system of 

5 signs for electric vehicle charging providers to help 

6 drivers identify the type of charging and connector 

7 types available at the location. 

8 (d) AGREEMENTS RELATING TO THE USE AND AC9 CESS OF RIGHTS-OF-WAY OF THE INTERSTATE SYS10 TEM.—Section 111 of title 23, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

14 (a) or (b) and sections 137 and 142, the Secretary 

15 shall permit, consistent with section 155, limited 

16 commercial activities for the charging of electric ve17 hicles on rights-of-way of the Interstate System, in18 cluding in— 

19 ‘‘(A) a rest area; or 

20 ‘‘(B) a fringe or corridor parking facility, 

21 including a park and ride facility. 

22 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub23 section shall permit commercial activities on rights24 of-way of the Interstate System, except as necessary 


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1 for the charging of electric vehicles in accordance 

2 with this subsection.’’. 

3 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 

4 (a) IN GENERAL.—Section 167 of title 23, United 

5 States Code, is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (6) by striking ‘‘; and’’ 

8 and inserting a semicolon; and 

9 (B) by striking paragraph (7) and insert10 ing the following: 

11 ‘‘(7) to reduce the environmental impacts of 

12 freight movement on the National Highway Freight 

13 Network, including— 

14 ‘‘(A) greenhouse gas emissions; 

15 ‘‘(B) local air pollution, including local pol16 lution derived from vehicles idling at railway 

17 crossings; 

18 ‘‘(C) minimizing, capturing, or treating 

19 stormwater runoff and addressing other adverse 

20 impacts to water quality; and 

21 ‘‘(D) wildlife habitat loss; and 

22 ‘‘(8) to decrease any adverse impact of freight 

23 transportation on communities located near freight 

24 facilities or freight corridors.’’; 


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1 (2) in subsection (e)(2) by striking ‘‘150 miles’’ 

2 and inserting ‘‘300 miles’’; 

3 (3) in subsection (f)(4) by striking ‘‘75 miles’’ 

4 and inserting ‘‘150 miles’’; 

5 (4) in subsection (h) by striking ‘‘Not later 

6 than’’ and all that follows through ‘‘shall prepare’’ 

7 and inserting ‘‘As part of the report required under 

8 section 503(b)(8), the Administrator shall biennially 

9 prepare’’; 

10 (5) in subsection (i)— 

11 (A) by striking paragraphs (2) and (3); 

12 (B) by amending paragraph (4) to read as 

13 follows: 

14 ‘‘(4) FREIGHT PLANNING.—Notwithstanding 

15 any other provision of law, a State may not obligate 

16 funds apportioned to the State under section 

17 104(b)(5) unless the State has developed, updated, 

18 or amended, as applicable, a freight plan in accord19 ance with section 70202 of title 49.’’; 

20 (C) in paragraph (5)— 

21 (i) by striking subparagraph (B) and 

22 inserting the following: 

23 ‘‘(B) LIMITATION.—The Federal share of 

24 a project described in subparagraph (C)(xxiii) 


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1 shall fund only elements of such project that 

2 provide public benefits.’’; and 

3 (ii) in subparagraph (C)— 

4 (I) in clause (iii) by inserting 

5 ‘‘and freight management and oper6 ations systems’’ after ‘‘freight trans7 portation systems’’; and 

8 (II) by amending clause (xxiii) to 

9 read as follows: 

10 ‘‘(xxiii) Freight intermodal or freight 

11 rail projects, including— 

12 ‘‘(I) projects within the bound13 aries of public or private freight rail 

14 or water facilities (including ports); 

15 ‘‘(II) projects that provide sur16 face transportation infrastructure nec17 essary to facilitate direct intermodal 

18 interchange, transfer, and access into 

19 or out of the facility; and 

20 ‘‘(III) any other surface trans21 portation project to improve the flow 

22 of freight into or out of a facility de23 scribed in subclause (I) or (II).’’; 

24 (D) in paragraph (6) by striking ‘‘para25 graph (5)’’ and inserting ‘‘paragraph (3)’’; and 


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1 (E) by redesignating paragraphs (4), (5), 

2 (6), and (7) as paragraphs (2), (3), (4), and 

3 (5), respectively; and 

4 (6) in subsection (k)(1)(A)(ii) by striking 

5 ‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 

6 (b) NATIONAL HIGHWAY FREIGHT NETWORK.—If a 

7 congressionally designated future Interstate, or any por8 tion thereof, is included in a State Freight Plan (regard9 less of whether such project is included in the freight in10 vestment plan of the State) approved by the Department 

11 of Transportation prior to October 1, 2021, such route 

12 shall be considered to be on the National Highway Freight 

13 Network established under section 167(c) of title 23, 

14 United States Code. 

15 SEC. 1213. CARBON POLLUTION REDUCTION. 

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

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 171. Carbon pollution reduction 

20 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab21 lish a carbon pollution reduction program to support the 

22 reduction of greenhouse gas emissions from the surface 

23 transportation system. 

24 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 

25 funding under this section if such project— 


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1 ‘‘(1) is expected to yield a significant reduction 

2 in greenhouse gas emissions from the surface trans3 portation system; 

4 ‘‘(2) will help a State meet the greenhouse gas 

5 emissions performance targets established under sec6 tion 150(d); and 

7 ‘‘(3) is— 

8 ‘‘(A) eligible for assistance under this title 

9 or under chapter 53 of title 49 or is a capital 

10 project for vehicles and facilities (whether pub11 licly or privately owned) that are used to pro12 vide intercity passenger service by bus; or 

13 ‘‘(B) a capital project, as such term is de14 fined in section 22906 of title 49, to improve 

15 intercity rail passenger transportation, provided 

16 that the project will yield a significant reduction 

17 in single occupant vehicle trips and improve 

18 mobility on public roads. 

19 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 

20 on methods of determining the reduction of single occu21 pant vehicle trips and improvement of mobility on public 

22 roads as those factors relate to intercity rail passenger 

23 transportation projects under subsection (b)(4). 

24 ‘‘(d) OPERATING EXPENSES.—A State may use not 

25 more than 20 percent of the funds provided under section 


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1 104(b)(9) for the operating expenses of public transpor2 tation and passenger rail transportation projects. 

3 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA4 CILITIES.—None of the funds provided under this section 

5 may be used for a project that will result in the construc6 tion of new capacity available to single occupant vehicles 

7 unless the project consists of a high occupancy vehicle fa8 cility and is consistent with section 166. 

9 ‘‘(f) EVALUATION.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall annu11 ally evaluate the progress of each State in carrying 

12 out the program under this section by comparing the 

13 percent change in carbon dioxide emissions per cap14 ita on public roads in the State calculated as— 

15 ‘‘(A) the annual carbon dioxide emissions 

16 per capita on public roads in the State for the 

17 most recent year for which there is data; di18 vided by 

19 ‘‘(B) the average annual carbon dioxide 

20 emissions per capita on public roads in the 

21 State in calendar years 2015 through 2019. 

22 ‘‘(2) MEASURES.—In conducting the evaluation 

23 under paragraph (1), the Secretary shall— 

24 ‘‘(A) prior to the effective date of the 

25 greenhouse gas performance measures under 


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1 section 150(c)(7)(A), use such data as are 

2 available, which may include data on motor 

3 fuels usage published by the Federal Highway 

4 Administration and information on emissions 

5 factors or coefficients published by the Energy 

6 Information Administration of the Department 

7 of Energy; and 

8 ‘‘(B) following the effective date of the 

9 greenhouse gas performance measures under 

10 section 150(c)(7)(A), use such measures. 

11 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu12 ally issue a carbon pollution reduction progress report, to 

13 be made publicly available on the website of the Depart14 ment of Transportation, that includes— 

15 ‘‘(1) the results of the evaluation under sub16 section (f) for each State; and 

17 ‘‘(2) a ranking of all the States by the criteria 

18 under subsection (f), with the States that, for the 

19 year covered by such report, have the largest per20 centage reduction in annual carbon dioxide emissions 

21 per capita on public roads being ranked the highest. 

22 ‘‘(h) HIGH-PERFORMING STATES.— 

23 ‘‘(1) DESIGNATION.—For purposes of this sec24 tion, each State that is 1 of the 15 highest ranked 

25 States, as determined under subsection (g)(2), and 


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1 that achieves a reduction in carbon dioxide emissions 

2 per capita on public roads, as determined by the 

3 evaluation in subsection (f), shall be designated as a 

4 high-performing State for the following fiscal year. 

5 ‘‘(2) USE OF FUNDS.—For each State that is 

6 designated as a high-performing State under para7 graph (1)— 

8 ‘‘(A) notwithstanding section 120, the 

9 State may use funds made available under this 

10 title to pay the non-Federal share of a project 

11 under this section during any year for which 

12 such State is designated as a high-performing 

13 State; and 

14 ‘‘(B) notwithstanding section 126, the 

15 State may transfer up to 50 percent of funds 

16 apportioned under section 104(b)(9) to the pro17 gram under section 104(b)(2) in any year for 

18 which such State is designated as a high-per19 forming State. 

20 ‘‘(3) TRANSFER.—For each State that is 1 of 

21 the 15 lowest ranked States, as determined under 

22 subsection (g)(2), the Secretary shall transfer 10 

23 percent of the amount apportioned to the State 

24 under section 104(b)(2) in the fiscal year following 

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1 ing amounts set aside under section 133(d)(1)(A) 

2 and under section 133(h) or 505(a), to the appor3 tionment of the State under section 104(b)(9). 

4 ‘‘(4) LIMITATION.—The Secretary shall not 

5 conduct a transfer under paragraph (3)— 

6 ‘‘(A) until the first fiscal year following the 

7 effective date of greenhouse gas performance 

8 measures under section 150(c)(7)(A); and 

9 ‘‘(B) with respect to a State in any fiscal 

10 year following the year in which such State 

11 achieves a reduction in carbon dioxide emissions 

12 per capita on public roads in such year as de13 termined by the evaluation under subsection (f). 

14 ‘‘(i) REPORT.—Not later than 2 years after the date 

15 of enactment of this section and periodically thereafter, 

16 the Secretary, in consultation with the Administrator of 

17 the Environmental Protection Agency, shall issue a re18 port— 

19 ‘‘(1) detailing, based on the best available 

20 science, what types of projects eligible for assistance 

21 under this section are expected to provide the most 

22 significant greenhouse gas emissions reductions from 

23 the surface transportation sector; and 

24 ‘‘(2) detailing, based on the best available 

25 science, what types of projects eligible for assistance 


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1 under this section are not expected to provide sig2 nificant greenhouse gas emissions reductions from 

3 the surface transportation sector.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chap5 ter 1 of title 23, United States Code, is amended by add6 ing at the end the following new item: 

‘‘171. Carbon pollution reduction.’’. 

7 (c) APPLICABILITY.—Subsection (b)(2) of section 

8 171 of title 23, United States Code, as added by this sec9 tion, shall apply to a State beginning on the first fiscal 

10 year following the fiscal year in which the State sets green11 house gas performance targets under section 150(d) of 

12 title 23, United States Code. 

13 SEC. 1214. RECREATIONAL TRAILS. 

14 Section 206 of title 23, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1) by striking ‘‘except 

18 for’’ and all that follows and inserting the fol19 lowing: ‘‘except for— 

20 ‘‘(A) a motorized wheelchair; and 

21 ‘‘(B) in any case in which applicable laws 

22 and regulations permit use, an electric bicycle, 

23 as defined in section 217(j).’’; 

24 (B) in paragraph (2)— 


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1 (i) in subparagraph (F) by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (G) by striking 

4 the period and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(H) electric bicycling.’’; and 

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

9 ‘‘(j) SPECIAL RULE.—Section 113 shall not apply to 

10 projects under this section. 

11 ‘‘(k) USE OF OTHER APPORTIONED FUNDS.—Funds 

12 apportioned to a State under section 104(b) that are obli13 gated for recreational trails and related projects shall be 

14 administered as if such funds were made available for pur15 poses described under this section.’’. 

16 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 

17 (a) IN GENERAL.—Chapter 2 of title 23, United 

18 States Code, is amended by inserting after section 210 the 

19 following: 

20 ‘‘§ 211. Safe routes to school program 

21 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe 

22 routes to school program for the benefit of children in pri23 mary, middle, and high schools. 

24 ‘‘(b) PURPOSES.—The purposes of the program shall 

25 be— 


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1 ‘‘(1) to enable and encourage children, includ2 ing those with disabilities, to walk and bicycle to 

3 school; 

4 ‘‘(2) to make bicycling and walking to school a 

5 safer and more appealing transportation alternative, 

6 thereby encouraging a healthy and active lifestyle 

7 from an early age; and 

8 ‘‘(3) to facilitate the planning, development, 

9 and implementation of projects and activities that 

10 will improve safety and reduce traffic, fuel consump11 tion, and air pollution in the vicinity of schools. 

12 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a 

13 State under paragraphs (2) and (3) of section 104(b) may 

14 be used to carry out projects, programs, and other activi15 ties under this section. 

16 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 

17 activities funded under this section may be carried out by 

18 eligible entities described under section 133(h)(4)(B) that 

19 demonstrate an ability to meet the requirements of this 

20 section. 

21 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 

22 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 

23 ‘‘(A) IN GENERAL.—A State may obligate 

24 funds under this section for the planning, de25 sign, and construction of infrastructure-related 


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1 projects that will substantially improve the abil2 ity of students to walk and bicycle to school, in3 cluding sidewalk improvements, traffic calming 

4 and speed reduction improvements, pedestrian 

5 and bicycle crossing improvements, on-street bi6 cycle facilities, off-street bicycle and pedestrian 

7 facilities, secure bicycle parking facilities, and 

8 traffic diversion improvements in the vicinity of 

9 schools. 

10 ‘‘(B) LOCATION OF PROJECTS.—Infra11 structure-related projects under subparagraph 

12 (A) may be carried out on any public road or 

13 any bicycle or pedestrian pathway or trail in the 

14 vicinity of schools. 

15 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI16 TIES.—In addition to projects described in para17 graph (1), a State may obligate funds under this 

18 section for noninfrastructure-related activities to en19 courage walking and bicycling to school, including— 

20 ‘‘(A) public awareness campaigns and out21 reach to press and community leaders; 

22 ‘‘(B) traffic education and enforcement in 

23 the vicinity of schools; 

24 ‘‘(C) student sessions on bicycle and pedes25 trian safety, health, and environment; 


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1 ‘‘(D) programs that address personal safe2 ty; and 

3 ‘‘(E) funding for training, volunteers, and 

4 managers of safe routes to school programs. 

5 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI6 NATOR.—Each State receiving an apportionment 

7 under paragraphs (2) and (3) of section 104(b) shall 

8 use a sufficient amount of the apportionment to 

9 fund a full-time position of coordinator of the 

10 State’s safe routes to school program. 

11 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 

12 coordinator described in paragraph (3) shall conduct 

13 outreach to ensure that rural school districts in the 

14 State are aware of such State’s safe routes to school 

15 program and any funds authorized by this section. 

16 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

17 cost of a project, program, or activity under this section 

18 shall be 100 percent. 

19 ‘‘(g) CLEARINGHOUSE.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall main21 tain a national safe routes to school clearinghouse 

22 to— 

23 ‘‘(A) develop information and educational 

24 programs on safe routes to school; and 


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1 ‘‘(B) provide technical assistance and dis2 seminate techniques and strategies used for 

3 successful safe routes to school programs. 

4 ‘‘(2) FUNDING.—The Secretary shall carry out 

5 this subsection using amounts authorized to be ap6 propriated for administrative expenses under section 

7 104(a). 

8 ‘‘(h) DEFINITIONS.—In this section, the following 

9 definitions apply: 

10 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 

11 ‘in the vicinity of schools’ means, with respect to a 

12 school, the area within bicycling and walking dis13 tance of the school (approximately 2 miles). 

14 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 

15 The term ‘primary, middle, and high schools’ means 

16 schools providing education from kindergarten 

17 through twelfth grade.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) REPEAL.—Section 1404 of SAFETEA–LU 

20 (Public Law 109–59; 119 Stat. 1228–1230), and 

21 the item relating to such section in the table of con22 tents in section 1(b) of such Act, are repealed. 

23 (2) ANALYSIS.—The analysis for chapter 2 of 

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1 ing after the item relating to section 210 the fol2 lowing: 

‘‘211. Safe routes to school program.’’. 

3 SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 

4 WALKWAYS. 

5 Section 217 of title 23, United States Code, is 

6 amended— 

7 (1) in subsection (d)— 

8 (A) by striking ‘‘104(b)(3)’’ and inserting 

9 ‘‘104(b)(4)’’; and 

10 (B) by striking ‘‘a position’’ and inserting 

11 ‘‘at least one full-time positions’’; 

12 (2) in subsection (e) by striking ‘‘bicycles’’ and 

13 inserting ‘‘pedestrians or bicyclists’’ each place such 

14 term appears; 

15 (3) in subsection (j)— 

16 (A) in paragraph (1) by inserting ‘‘or oper17 ators of micromobility devices’’ after 

18 ‘‘bicyclists’’; 

19 (B) by striking paragraph (2) and insert20 ing the following: 

21 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric 

22 bicycle’ means mean a bicycle equipped with fully 

23 operable pedals, a saddle or seat for the rider, and 

24 an electric motor of less than 750 watts that can 

25 safely share a bicycle transportation facility with 


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1 other users of such facility and meets the require2 ments of one of the following three classes: 

3 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The 

4 term ‘class 1 electric bicycle’ means an electric 

5 bicycle equipped with a motor that provides as6 sistance only when the rider is pedaling, and 

7 that ceases to provide assistance when the bicy8 cle reaches the speed of 20 miles per hour. 

9 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The 

10 term ‘class 2 electric bicycle’ means an electric 

11 bicycle equipped with a motor that may be used 

12 exclusively to propel the bicycle, and that is not 

13 capable of providing assistance when the bicycle 

14 reaches the speed of 20 miles per hour. 

15 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The 

16 term ‘class 3 electric bicycle’ means an electric 

17 bicycle equipped with a motor that provides as18 sistance only when the rider is pedaling, and 

19 that ceases to provide assistance when the bicy20 cle reaches the speed of 28 miles per hour. 

21 ‘‘(3) MICROMOBILITY DEVICE.—The term 

22 ‘micromobility device’ means any wheeled vehicle 

23 equipped with a low powered electric motor— 

24 ‘‘(A) that is designed primarily for human 

25 transport; 


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1 ‘‘(B) that weighs not more than 100 

2 pounds; and 

3 ‘‘(C) that has a top speed of 20 miles per 

4 hour or less.’’. 

5 SEC. 1217. NOISE BARRIERS. 

6 (a) PERMITTING USE OF HIGHWAY TRUST FUND

7 FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.— 

8 Section 339(b)(1) of the National Highway System Des9 ignation Act of 1995 (23 U.S.C. 109 note) is amended 

10 to read as follows: 

11 ‘‘(1) GENERAL RULE.—No funds made avail12 able out of the Highway Trust Fund may be used 

13 to construct a Type II noise barrier (as defined by 

14 section 772.5(I) of title 23, Code of Federal Regula15 tions) pursuant to subsections (h) and (I) of section 

16 109 of title 23, United States Code, unless— 

17 ‘‘(A) such a barrier is part of a project ap18 proved by the Secretary before November 28, 

19 1995; or 

20 ‘‘(B) such a barrier separates a highway or 

21 other noise corridor from a group of structures 

22 of which the majority of those closest to the 

23 highway or noise corridor— 

24 ‘‘(i) are residential in nature; and 

25 ‘‘(ii) either— 


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1 ‘‘(I) were constructed before the 

2 construction or most recent widening 

3 of the highway or noise corridor; or 

4 ‘‘(II) are at least 10 years old.’’. 

5 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION

6 PROGRAM FUNDS.—Section 133 of title 23, United States 

7 Code, is amended— 

8 (1) in subsection (b) by adding at the end the 

9 following: 

10 ‘‘(22) Planning, design, or construction of a 

11 Type II noise barrier (as described in section 772.5 

12 of title 23, Code of Federal Regulations).’’; and 

13 (2) in subsection (c)(2) by inserting ‘‘and para14 graph (22)’’ after ‘‘(11)’’. 

15 SEC. 1218. SAFE STREETS FOR ALL. 

16 Section 148 of title 23, United States Code, is further 

17 amended by adding at the end the following: 

18 ‘‘(m) SAFE STREETS FOR ALL.— 

19 ‘‘(1) SAFE STREETS SET-ASIDE.— 

20 ‘‘(A) ESTABLISHMENT.—The Secretary 

21 shall establish a safe streets program to elimi22 nate the occurrence of transportation-related fa23 talities and serious injuries on public roads, 

24 with a focus on vulnerable road users. 


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1 ‘‘(B) AMOUNT.—Of the funds apportioned 

2 to a State under section 104(b)(3) for each fis3 cal year, the Secretary shall reserve an amount 

4 such that— 

5 ‘‘(i) the Secretary reserves a total 

6 under this subsection of $500,000,000 for 

7 each of fiscal years 2023 through 2026; 

8 and 

9 ‘‘(ii) the State’s share of that total is 

10 distributed in the same manner as the 

11 amount apportioned to the State under 

12 section 104(b)(3) for each fiscal year bears 

13 to the total amount of funds apportioned 

14 to all States under such section. 

15 ‘‘(2) SUBALLOCATION.— 

16 ‘‘(A) IN GENERAL.—For each fiscal year 

17 for which funds are set aside under this sub18 section, such funds shall be obligated within a 

19 State in the manner described in subsections 

20 (d) and (e) of section 133, except that, for the 

21 purposes of this subsection— 

22 ‘‘(i) the percentage referred to in sec23 tion 133(d)(1)(A) shall be treated as 100 

24 percent; and 


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1 ‘‘(ii) before obligating funds for a 

2 project located fully or partially within an 

3 area described in subparagraph (B) that is 

4 under the jurisdiction of a unit of local 

5 government, a State or metropolitan plan6 ning organization shall consult with such 

7 unit of local government regarding project 

8 selection. 

9 ‘‘(B) AREA DESCRIBED.—An area de10 scribed in this subparagraph is an area with a 

11 population greater than 200,000. 

12 ‘‘(3) USE OF FUNDS.— 

13 ‘‘(A) IN GENERAL.—Funds set aside under 

14 this subsection shall be available for obliga15 tion— 

16 ‘‘(i) for a complete streets project that 

17 supports the safe, comfortable, convenient, 

18 and independent movement of all users of 

19 the transportation system, of all ages and 

20 abilities, consistent with context sensitive 

21 design principles; 

22 ‘‘(ii) for activities eligible under the 

23 safe routes to school program under sec24 tion 211; 


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1 ‘‘(iii) to develop and implement the 

2 policies and procedures described in section 

3 109(s); 

4 ‘‘(iv) for any element of vision zero 

5 planning described under section 1601 of 

6 the INVEST in America Act and to imple7 ment an existing vision zero plan; 

8 ‘‘(v) for other activities in furtherance 

9 of the vulnerable road user safety assess10 ment of the State or the metropolitan 

11 planning organization described under sub12 section (l); and 

13 ‘‘(vi) for any other project, program, 

14 or plan eligible under this section that pro15 vides for the safe and adequate accommo16 dation of all users of the surface transpor17 tation network, as determined by the Sec18 retary. 

19 ‘‘(B) SPECIAL RULE.—If a State or metro20 politan planning organization demonstrates to 

21 the satisfaction of the Secretary that such State 

22 or metropolitan planning organization has met 

23 all its needs for vulnerable road user safety 

24 under this section, the State or metropolitan 

25 planning organization may use funds made 


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1 available under this subsection for other high2 way safety improvement program purposes, 

3 subject to the suballocation under paragraph 

4 (2). The Secretary may not make a determina5 tion under this subparagraph if the State or 

6 metropolitan planning organization has been 

7 subject to the special rule described in sub8 section (g)(3) within the last 5 years.’’. 

9 SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS. 

10 (a) IN GENERAL.—Chapter 2 of title 23, United 

11 States Code, is amended by inserting after section 211 (as 

12 added by this Act) the following: 

13 ‘‘§ 212. Use of youth service and conservation corps 

14 ‘‘(a) IN GENERAL.—The Secretary may allow and 

15 shall encourage project sponsors to enter into contracts 

16 and cooperative agreements with qualified youth service 

17 or conservation corps, as described in sections 122(a)(2) 

18 of the National and Community Service Act of 1990 (42 

19 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and 

20 Community Service Trust Act of 1993 (42 U.S.C. 

21 12656(c)(3)) to perform appropriate projects eligible 

22 under sections 133(h), 162, 206, and 211. 

23 ‘‘(b) REQUIREMENTS.—Under any contract or coop24 erative agreement entered into with a qualified youth servVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 ice or conservation corps under this section, the Secretary 

2 shall— 

3 ‘‘(1) set the amount of a living allowance or 

4 rate of pay for each participant in such corps at— 

5 ‘‘(A) such amount or rate as required 

6 under State law in a State with such require7 ments; or 

8 ‘‘(B) for corps in States not described in 

9 subparagraph (A), at such amount or rate as 

10 determined by the Secretary, not to exceed the 

11 maximum living allowance authorized by section 

12 140 of the National and Community Service 

13 Act of 1990 (42 U.S.C. 12594); and 

14 ‘‘(2) not subject such corps to the requirements 

15 of section 112.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 2 of title 23, United States Code, is amended by insert18 ing after the item relating to section 211 (as added by 

19 this Act) the following: 

‘‘212. Use of youth service and conservation corps.’’. 

20 SEC. 1220. NATIONAL SCENIC BYWAYS PROGRAM. 

21 Section 162 of title 23, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(g) STATE.—In this section, the term ‘State’ has the 

24 meaning given such term in section 401.’’. 


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1 SEC. 1221. FUNDING FOR BORDER INFRASTRUCTURE. 

2 Section 1437(a) of the FAST Act (23 U.S.C. 101 

3 note) is amended by striking ‘‘5 percent’’ and inserting 

4 ‘‘7 percent’’. 

5 Subtitle C—Project-Level 

6 Investments 

7 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG8 NIFICANCE. 

9 (a) IN GENERAL.—Section 117 of title 23, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 117. Projects of national and regional significance 

12 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab13 lish a projects of national and regional significance pro14 gram under which the Secretary may make grants to, and 

15 establish multiyear grant agreements with, eligible entities 

16 in accordance with this section. 

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

18 under this section, an eligible entity shall submit to the 

19 Secretary an application in such form, in such manner, 

20 and containing such information as the Secretary may re21 quire. 

22 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 

23 ‘‘(1) IN GENERAL.—Each grant made under 

24 this section— 

25 ‘‘(A) shall be in an amount that is at least 

26 $25,000,000; and 


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1 ‘‘(B) shall be for a project that has eligible 

2 project costs that are reasonably anticipated to 

3 equal or exceed the lesser of— 

4 ‘‘(i) $100,000,000; or 

5 ‘‘(ii) in the case of a project— 

6 ‘‘(I) located in 1 State or terri7 tory, 30 percent of the amount appor8 tioned under this chapter to the State 

9 or territory in the most recently com10 pleted fiscal year; or 

11 ‘‘(II) located in more than 1 

12 State or territory, 50 percent of the 

13 amount apportioned under this chap14 ter to the participating State or terri15 tory with the largest apportionment 

16 under this chapter in the most re17 cently completed fiscal year. 

18 ‘‘(2) LARGE PROJECTS.—For a project that has 

19 eligible project costs that are reasonably anticipated 

20 to equal or exceed $500,000,000, a grant made 

21 under this section— 

22 ‘‘(A) shall be in an amount sufficient to 

23 fully fund the project, or in the case of a public 

24 transportation project, a minimum operable 

25 segment, in combination with other funding 


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1 sources, including non-Federal financial com2 mitment, identified in the application; and 

3 ‘‘(B) may be awarded pursuant to the 

4 process under subsection (d), as necessary 

5 based on the amount of the grant. 

6 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE

7 PROJECTS.— 

8 ‘‘(1) IN GENERAL.—A large project that re9 ceives a grant under this section may be carried out 

10 through a multiyear grant agreement in accordance 

11 with this subsection. 

12 ‘‘(2) REQUIREMENTS.—A multiyear grant 

13 agreement for a large project shall— 

14 ‘‘(A) establish the terms of participation by 

15 the Federal Government in the project; 

16 ‘‘(B) establish the amount of Federal fi17 nancial assistance for the project; 

18 ‘‘(C) establish a schedule of anticipated 

19 Federal obligations for the project that provides 

20 for obligation of the full grant amount by not 

21 later than 4 fiscal years after the fiscal year in 

22 which the initial amount is provided; and 

23 ‘‘(D) determine the period of time for com24 pleting the project, even if such period extends 

25 beyond the period of an authorization. 


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1 ‘‘(3) SPECIAL RULES.— 

2 ‘‘(A) IN GENERAL.—A multiyear grant 

3 agreement under this subsection— 

4 ‘‘(i) shall obligate an amount of avail5 able budget authority specified in law; and 

6 ‘‘(ii) may include a commitment, con7 tingent on amounts to be specified in law 

8 in advance for commitments under this 

9 paragraph, to obligate an additional 

10 amount from future available budget au11 thority specified in law. 

12 ‘‘(B) CONTINGENT COMMITMENT.—A con13 tingent commitment under this subsection is 

14 not an obligation of the Federal Government 

15 under section 1501 of title 31. 

16 ‘‘(C) INTEREST AND OTHER FINANCING

17 COSTS.— 

18 ‘‘(i) IN GENERAL.—Interest and other 

19 financing costs of carrying out a part of 

20 the project within a reasonable time shall 

21 be considered a cost of carrying out the 

22 project under a multiyear grant agreement, 

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1 ing terms reasonably available for the 

2 project at the time of borrowing. 

3 ‘‘(ii) CERTIFICATION.—The applicant 

4 shall certify to the Secretary that the ap5 plicant has shown reasonable diligence in 

6 seeking the most favorable financing 

7 terms. 

8 ‘‘(4) ADVANCE PAYMENT.—An eligible entity 

9 carrying out a large project under a multiyear grant 

10 agreement— 

11 ‘‘(A) may use funds made available to the 

12 eligible entity under this title or title 49 for eli13 gible project costs of the large project; and 

14 ‘‘(B) shall be reimbursed, at the option of 

15 the eligible entity, for such expenditures from 

16 the amount made available under the multiyear 

17 grant agreement for the project in that fiscal 

18 year or a subsequent fiscal year. 

19 ‘‘(e) ELIGIBLE PROJECTS.— 

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

21 grant under this section only for a project that is a 

22 project eligible for assistance under this title or 

23 chapter 53 of title 49 and is— 


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1 ‘‘(A) a bridge project carried out on the 

2 National Highway System, or that is eligible to 

3 be carried out under section 165; 

4 ‘‘(B) a project to improve person through5 put that is— 

6 ‘‘(i) a highway project carried out on 

7 the National Highway System, or that is 

8 eligible to be carried out under section 

9 165; 

10 ‘‘(ii) a public transportation project; 

11 or 

12 ‘‘(iii) a capital project, as such term is 

13 defined in section 22906 of title 49, to im14 prove intercity rail passenger transpor15 tation; or 

16 ‘‘(C) a project to improve freight through17 put that is— 

18 ‘‘(i) a highway freight project carried 

19 out on the National Highway Freight Net20 work established under section 167 or on 

21 the National Highway System; 

22 ‘‘(ii) a freight intermodal, freight rail, 

23 or railway-highway grade crossing or grade 

24 separation project; or 


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1 ‘‘(iii) within the boundaries of a public 

2 or private freight rail, water (including 

3 ports), or intermodal facility and that is a 

4 surface transportation infrastructure 

5 project necessary to facilitate direct inter6 modal interchange, transfer, or access into 

7 or out of the facility. 

8 ‘‘(2) LIMITATION.— 

9 ‘‘(A) CERTAIN FREIGHT PROJECTS.— 

10 Projects described in clauses (ii) and (iii) of 

11 paragraph (1)(C) may receive a grant under 

12 this section only if— 

13 ‘‘(i) the project will make a significant 

14 improvement to the movement of freight 

15 on the National Highway System; and 

16 ‘‘(ii) the Federal share of the project 

17 funds only elements of the project that 

18 provide public benefits. 

19 ‘‘(B) CERTAIN PROJECTS FOR PERSON

20 THROUGHPUT.—Projects described in clauses 

21 (ii) and (iii) of paragraph (1)(B) may receive a 

22 grant under this section only if the project will 

23 make a significant improvement in mobility on 

24 public roads. 


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1 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 

2 receiving a grant under this section may use such grant 

3 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 the land), envi12 ronmental mitigation, construction contingencies, ac13 quisition of equipment, and operational improve14 ments directly related to improving system perform15 ance. 

16 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 

17 select a project described under this section for funding 

18 under this section only if the Secretary determines that 

19 the project— 

20 ‘‘(1) generates significant regional or national 

21 economic, mobility, safety, resilience, or environ22 mental benefits; 

23 ‘‘(2) is cost effective; 

24 ‘‘(3) is based on the results of preliminary engi25 neering; 


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1 ‘‘(4) has secured or will secure acceptable levels 

2 of non-Federal financial commitments, including— 

3 ‘‘(A) one or more stable and dependable 

4 sources of funding and financing to construct, 

5 maintain, and operate the project; and 

6 ‘‘(B) contingency amounts to cover unan7 ticipated cost increases; 

8 ‘‘(5) cannot be easily and efficiently completed 

9 without additional Federal funding or financial as10 sistance available to the project sponsor, beyond ex11 isting Federal apportionments; and 

12 ‘‘(6) is reasonably expected to begin construc13 tion not later than 18 months after the date of obli14 gation of funds for the project. 

15 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 

16 ‘‘(1) MERIT CRITERIA.—In awarding a grant 

17 under this section, the Secretary shall evaluate the 

18 following merit criteria: 

19 ‘‘(A) The extent to which the project sup20 ports achieving a state of good repair. 

21 ‘‘(B) The level of benefits the project is ex22 pected to generate, including— 

23 ‘‘(i) the costs avoided by the preven24 tion of closure or reduced use of the asset 

25 to be improved by the project; 


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1 ‘‘(ii) reductions in maintenance costs 

2 over the life of the asset; 

3 ‘‘(iii) safety benefits, including the re4 duction of accidents and related costs; 

5 ‘‘(iv) improved person or freight 

6 throughput, including congestion reduction 

7 and reliability improvements; 

8 ‘‘(v) national and regional economic 

9 benefits; 

10 ‘‘(vi) resilience benefits, including the 

11 ability to withstand disruptions from a 

12 seismic event; 

13 ‘‘(vii) environmental benefits, includ14 ing reduction in greenhouse gas emissions 

15 and air quality benefits; and 

16 ‘‘(viii) benefits to all users of the 

17 project, including pedestrian, bicycle, non18 vehicular, railroad, and public transpor19 tation users. 

20 ‘‘(C) How the benefits compare to the 

21 costs of the project. 

22 ‘‘(D) The average number of people or vol23 ume of freight, as applicable, supported by the 

24 project, including visitors based on travel and 

25 tourism. 


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1 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In 

2 awarding a grant under this section, the Secretary 

3 shall consider the following: 

4 ‘‘(A) Whether the project spans at least 1 

5 border between 2 States. 

6 ‘‘(B) Whether the project serves low-in7 come residents of low-income communities, in8 cluding areas of persistent poverty, while not 

9 displacing such residents. 

10 ‘‘(C) Whether the project uses innovative 

11 technologies, innovative design and construction 

12 techniques, or pavement materials that dem13 onstrate reductions in greenhouse gas emissions 

14 through sequestration or innovative manufac15 turing processes and, if so, the degree to which 

16 such technologies, techniques, or materials are 

17 used. 

18 ‘‘(D) Whether the project improves 

19 connectivity between modes of transportation 

20 moving people or goods in the Nation or region. 

21 ‘‘(E) Whether the project provides new or 

22 improved connections between at least two met23 ropolitan areas with a population of at least 

24 500,000. 


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1 ‘‘(F) Whether the project would replace, 

2 reconstruct, or rehabilitate a commuter corridor 

3 (including a high-commuter corridor (as such 

4 term is defined in section 203(a)(6))) that is in 

5 poor condition. 

6 ‘‘(G) Whether the project would improve 

7 the shared transportation corridor of a 

8 multistate corridor. 

9 ‘‘(i) PROJECT SELECTION.— 

10 ‘‘(1) EVALUATION.—To evaluate applications 

11 for funding under this section, the Secretary shall— 

12 ‘‘(A) determine whether a project is eligible 

13 for a grant under this section; 

14 ‘‘(B) evaluate, through a methodology that 

15 is discernible and transparent to the public, 

16 how each application addresses the merit cri17 teria pursuant to subsection (h); 

18 ‘‘(C) assign a quality rating for each merit 

19 criteria for each application based on the eval20 uation in subparagraph (B); 

21 ‘‘(D) ensure that applications receive final 

22 consideration by the Secretary to receive an 

23 award under this section only on the basis of 

24 such quality ratings and that the Secretary 

25 gives final consideration only to applications 


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1 that meet the minimally acceptable level for 

2 each of the merit criteria; and 

3 ‘‘(E) award grants only to projects rated 

4 highly under the evaluation and rating process. 

5 ‘‘(2) CONSIDERATIONS FOR LARGE

6 PROJECTS.—In awarding a grant for a large project, 

7 the Secretary shall— 

8 ‘‘(A) consider the amount of funds avail9 able in future fiscal years for the program 

10 under this section; and 

11 ‘‘(B) assume the availability of funds in fu12 ture fiscal years for the program that extend 

13 beyond the period of authorization based on the 

14 amount made available for the program in the 

15 last fiscal year of the period of authorization. 

16 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 

17 grants under this section, the Secretary shall ensure 

18 geographic diversity and a balance between rural 

19 and urban communities among grant recipients over 

20 fiscal years 2023 through 2026. 

21 ‘‘(4) PUBLICATION OF METHODOLOGY.— 

22 ‘‘(A) IN GENERAL.—Prior to the issuance 

23 of any notice of funding opportunity for grants 

24 under this section, the Secretary shall publish 


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1 and make publicly available on the Depart2 ment’s website— 

3 ‘‘(i) a detailed explanation of the 

4 merit criteria developed under subsection 

5 (h); 

6 ‘‘(ii) a description of the evaluation 

7 process under this subsection; and 

8 ‘‘(iii) how the Secretary shall deter9 mine whether a project satisfies each of 

10 the requirements under subsection (g). 

11 ‘‘(B) UPDATES.—The Secretary shall up12 date and make publicly available on the website 

13 of the Department of Transportation such in14 formation at any time a revision to the informa15 tion described in subparagraph (A) is made. 

16 ‘‘(C) INFORMATION REQUIRED.—The Sec17 retary shall include in the published notice of 

18 funding opportunity for a grant under this sec19 tion detailed information on the rating method20 ology and merit criteria to be used to evaluate 

21 applications, or a reference to the information 

22 on the website of the Department of Transpor23 tation, as required by subparagraph (A). 

24 ‘‘(j) FEDERAL SHARE.— 


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

2 cost of a project carried out with a grant under this 

3 section may not exceed 60 percent. 

4 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed5 eral assistance other than a grant under this section 

6 may be used to satisfy the non-Federal share of the 

7 cost of a project for which such a grant is made, ex8 cept that the total Federal assistance provided for a 

9 project receiving a grant under this section may not 

10 exceed 80 percent of the total project cost. 

11 ‘‘(k) BRIDGE INVESTMENTS.—Of the amounts made 

12 available to carry out this section, the Secretary shall re13 serve not less than $1,000,000,000 in each fiscal year to 

14 make grants for projects described in subsection (e)(1)(A). 

15 ‘‘(l) TREATMENT OF PROJECTS.— 

16 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

17 shall, with respect to a project funded by a grant 

18 under this section, apply— 

19 ‘‘(A) the requirements of this title to a 

20 highway project; 

21 ‘‘(B) the requirements of chapter 53 of 

22 title 49 to a public transportation project; and 

23 ‘‘(C) the requirements of section 22905 of 

24 title 49 to a passenger rail or freight rail 

25 project. 


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1 ‘‘(2) MULTIMODAL PROJECTS.— 

2 ‘‘(A) IN GENERAL.—Except as otherwise 

3 provided in this paragraph, if an eligible project 

4 is a multimodal project, the Secretary shall— 

5 ‘‘(i) determine the predominant modal 

6 component of the project; and 

7 ‘‘(ii) apply the applicable requirements 

8 of such predominant modal component to 

9 the project. 

10 ‘‘(B) EXCEPTIONS.— 

11 ‘‘(i) PASSENGER OR FREIGHT RAIL

12 COMPONENT.—For any passenger or 

13 freight rail component of a project, the re14 quirements of section 22907(j)(2) of title 

15 49 shall apply. 

16 ‘‘(ii) PUBLIC TRANSPORTATION COM17 PONENT.—For any public transportation 

18 component of a project, the requirements 

19 of section 5333 of title 49 shall apply. 

20 ‘‘(C) BUY AMERICA.—In applying the Buy 

21 America requirements under section 313 of this 

22 title and sections 5320, 22905(a), and 24305(f) 

23 of title 49 to a multimodal project under this 

24 paragraph, the Secretary shall— 


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1 ‘‘(i) consider the various modal com2 ponents of the project; and 

3 ‘‘(ii) seek to maximize domestic jobs. 

4 ‘‘(m) TIFIA PROGRAM.—At the request of an eligible 

5 entity under this section, the Secretary may use amounts 

6 awarded to the entity to pay subsidy and administrative 

7 costs necessary to provide the entity Federal credit assist8 ance under chapter 6 with respect to the project for which 

9 the grant was awarded. 

10 ‘‘(n) ADMINISTRATION.—Of the amounts made avail11 able to carry out this section, the Secretary may use up 

12 to $5,000,000 in each fiscal year for the costs of admin13 istering the program under this section. 

14 ‘‘(o) TECHNICAL ASSISTANCE.—Of the amounts 

15 made available to carry out this section, the Secretary may 

16 reserve up to $5,000,000 to provide technical assistance 

17 to eligible entities. 

18 ‘‘(p) CONGRESSIONAL REVIEW.— 

19 ‘‘(1) NOTIFICATION.—Not less than 60 days be20 fore making an award under this section, the Sec21 retary shall submit to the Committee on Transpor22 tation and Infrastructure of the House of Represent23 atives and the Committee on Environment and Pub24 lic Works, the Committee on Banking, Housing, and 


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1 Urban Affairs, and the Committee on Commerce, 

2 Science, and Transportation of the Senate— 

3 ‘‘(A) a list of all applications determined to 

4 be eligible for a grant by the Secretary; 

5 ‘‘(B) the quality ratings assigned to each 

6 application pursuant to subsection (i); 

7 ‘‘(C) a list of applications that received 

8 final consideration by the Secretary to receive 

9 an award under this section; 

10 ‘‘(D) each application proposed to be se11 lected for a grant award; 

12 ‘‘(E) proposed grant amounts, including 

13 for each new multiyear grant agreement, the 

14 proposed payout schedule for the project; and 

15 ‘‘(F) an analysis of the impacts of any 

16 large projects proposed to be selected on exist17 ing commitments and anticipated funding levels 

18 for the next 4 fiscal years, based on information 

19 available to the Secretary at the time of the re20 port. 

21 ‘‘(2) COMMITTEE REVIEW.—Before the last day 

22 of the 60-day period described in paragraph (1), 

23 each Committee described in paragraph (1) shall re24 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 subsection.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 1 of title 23, United States Code, is amended by strikVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS 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 areas with a popu24 lation greater than 74,999 individuals and 

25 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 that are outside of an urbanized 

4 area with a population greater than 74,999 individ5 uals, as determined by the Bureau of the Census. 

6 ‘‘(3) INVESTMENTS IN COLONIAS.— 

7 ‘‘(A) IN GENERAL.—Of the grants made 

8 available under this section, for fiscal years 

9 2023 through 2026, a total of not less than 

10 $20,000,000 shall be made available to provide 

11 grants that improve the safety, state of good re12 pair, or connectivity of surface transportation 

13 infrastructure eligible under this section in and 

14 providing access to, colonias. 

15 ‘‘(B) RURAL AND COMMUNITY SET

16 ASIDES.—Funds made available under this sec17 tion in areas described in paragraphs (1)(A) or 

18 (1)(B) shall count toward the set aside de19 scribed in the applicable paragraph. 

20 ‘‘(C) COLONIA DEFINED.—In this sub21 section, the term ‘colonia’ means any identifi22 able community that— 

23 ‘‘(i) is in the State of Arizona, Cali24 fornia, New Mexico, or Texas; 


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1 ‘‘(ii) is in the area of the United 

2 States within 150 miles of the border be3 tween the United States and Mexico, ex4 cept that the term does not include any 

5 standard metropolitan statistical area that 

6 has a population exceeding 1,000,000; and 

7 ‘‘(iii) is determined to be a colonia on 

8 the basis of objective criteria, including 

9 lack of potable water supply, lack of ade10 quate sewage systems, and lack of decent, 

11 safe, and sanitary housing. 

12 ‘‘(4) EXCESS FUNDING.—If the Secretary de13 termines that there are insufficient qualified appli14 cants to use the funds set aside under this sub15 section, the Secretary may use such funds for grants 

16 for any projects eligible under this section. 

17 ‘‘(f) EVALUATION.—To evaluate applications under 

18 this section, the Secretary shall— 

19 ‘‘(1) develop a process to objectively evaluate 

20 applications on the benefits of the project proposed 

21 in such application— 

22 ‘‘(A) to transportation safety, including re23 ductions in traffic fatalities and serious injuries; 

24 ‘‘(B) to state of good repair, including im25 proved condition of bridges and pavements; 


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1 ‘‘(C) to transportation system access, in2 cluding improved access to jobs and services; 

3 and 

4 ‘‘(D) in reducing greenhouse gas emis5 sions; 

6 ‘‘(2) develop a rating system to assign a nu7 meric value to each application, based on each of the 

8 criteria described in paragraph (1); 

9 ‘‘(3) for each application submitted, compare 

10 the total benefits of the proposed project, as deter11 mined by the rating system developed under para12 graph (2), with the costs of such project, and rank 

13 each application based on the results of the compari14 son; and 

15 ‘‘(4) ensure that only such applications that are 

16 ranked highly based on the results of the comparison 

17 conducted under paragraph (3) are considered to re18 ceive a grant under this section. 

19 ‘‘(g) WEIGHTING.—In establishing the evaluation 

20 process under subsection (f), the Secretary may assign dif21 ferent weights to the criteria described in subsection (f)(1) 

22 based on project type, population served by a project, and 

23 other context-sensitive considerations, provided that— 

24 ‘‘(1) each application is rated on all criteria de25 scribed in subsection (f)(1); and 


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1 ‘‘(2) each application has the same possible 

2 minimum and maximum rating, regardless of any 

3 differences in the weighting of criteria. 

4 ‘‘(h) TRANSPARENCY.— 

5 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.— 

6 Prior to the issuance of any notice of funding oppor7 tunity under this section, the Secretary shall make 

8 publicly available on the website of the Department 

9 of Transportation a detailed explanation of the eval10 uation and rating process developed under sub11 section (f), including any differences in the 

12 weighting of criteria pursuant to subsection (g), if 

13 applicable, and update such website for each revision 

14 of the evaluation and rating process. 

15 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec16 retary shall submit to the Committee on Transpor17 tation and Infrastructure of the House of Represent18 atives, the Committee on Environment and Public 

19 Works of the Senate, the Committee on Banking, 

20 Housing, and Urban Affairs of the Senate, and the 

21 Committee on Commerce, Science, and Transpor22 tation of the Senate the following written notifica23 tions: 


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1 ‘‘(A) A notification when the Secretary 

2 publishes or updates the information required 

3 under paragraph (1). 

4 ‘‘(B) Not later than 30 days prior to the 

5 date on which the Secretary awards a grant 

6 under this section, a notification that in7 cludes— 

8 ‘‘(i) the ratings of each application 

9 submitted pursuant to subsection (f)(2); 

10 ‘‘(ii) the ranking of each application 

11 submitted pursuant to subsection (f)(3); 

12 and 

13 ‘‘(iii) a list of all applications that re14 ceive final consideration by the Secretary 

15 to receive an award under this section pur16 suant to subsection (f)(4). 

17 ‘‘(C) Not later than 3 business days prior 

18 to the date on which the Secretary announces 

19 the award of a grant under this section, a noti20 fication describing each grant to be awarded, 

21 including the amount and the recipient. 

22 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts 

23 made available to carry out this section, the Secretary may 

24 reserve up to $3,000,000 in each fiscal year to provide 

25 technical assistance to eligible entities. 


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1 ‘‘(j) ADMINISTRATION.—Of the amounts made avail2 able to carry out this section, the Secretary may reserve 

3 up to $5,000,000 for the administrative costs of carrying 

4 out the program under this section. 

5 ‘‘(k) TREATMENT OF PROJECTS.— 

6 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

7 shall, with respect to a project funded by a grant 

8 under this section, apply— 

9 ‘‘(A) the requirements of this title to a 

10 highway project; 

11 ‘‘(B) the requirements of chapter 53 of 

12 title 49 to a public transportation project; and 

13 ‘‘(C) the requirements of section 22905 of 

14 title 49 to a passenger rail or freight rail 

15 project. 

16 ‘‘(2) MULTIMODAL PROJECTS.— 

17 ‘‘(A) IN GENERAL.—Except as otherwise 

18 provided in this paragraph, if an eligible project 

19 is a multimodal project, the Secretary shall— 

20 ‘‘(i) determine the predominant modal 

21 component of the project; and 

22 ‘‘(ii) apply the applicable requirements 

23 of such predominant modal component to 

24 the project. 

25 ‘‘(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 shall apply. 

6 ‘‘(ii) PUBLIC TRANSPORTATION COM7 PONENT.—For any public transportation 

8 component of a project, the requirements 

9 of section 5333 of title 49 shall apply. 

10 ‘‘(C) BUY AMERICA.—In applying the Buy 

11 America requirements under section 313 of this 

12 title and sections 5320, 22905(a), and 24305(f) 

13 of title 49 to a multimodal project under this 

14 paragraph, the Secretary shall— 

15 ‘‘(i) consider the various modal com16 ponents of the project; and 

17 ‘‘(ii) seek to maximize domestic jobs. 

18 ‘‘(l) TRANSPARENCY.— 

19 ‘‘(1) IN GENERAL.—Not later than 30 days 

20 after awarding a grant for a project under this sec21 tion, the Secretary shall send to all applicants, and 

22 publish on the website of the Department of Trans23 portation— 


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

2 to the program for the grant application period; 

3 and 

4 ‘‘(B) the evaluation and justification for 

5 the project selection, including ratings and 

6 rankings assigned to all applications and a list 

7 of applications that received final consideration 

8 by the Secretary to receive an award under this 

9 section, for the grant application period. 

10 ‘‘(2) BRIEFING.—The Secretary shall provide, 

11 at the request of a grant applicant under this sec12 tion, the opportunity to receive a briefing to explain 

13 any reasons the grant applicant was not awarded a 

14 grant. 

15 ‘‘(m) DEFINITIONS.—In this section: 

16 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means— 

18 ‘‘(A) a metropolitan planning organization; 

19 ‘‘(B) a unit of local government; 

20 ‘‘(C) a transit agency; 

21 ‘‘(D) an Indian Tribe or Tribal organiza22 tion; 

23 ‘‘(E) a multijurisdictional group of entities 

24 described in this paragraph; 


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1 ‘‘(F) a special purpose district with a 

2 transportation function or a port authority; 

3 ‘‘(G) a territory; or 

4 ‘‘(H) a State that applies for a grant 

5 under this section jointly with an entity de6 scribed in subparagraphs (A) through (G). 

7 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 

8 project’ means any project eligible under this title or 

9 chapter 53 of title 49.’’. 

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

12 by adding at the end the following new item: 

‘‘173. Community transportation investment grant program.’’. 

13 SEC. 1303. CLEAN CORRIDORS PROGRAM. 

14 (a) PURPOSE.—The purpose of this section is to es15 tablish a formula program to strategically deploy electric 

16 vehicle charging infrastructure along designated alter17 native fuel corridors that will be accessible to all drivers 

18 of electric vehicles. 

19 (b) NATIONAL ELECTRIC VEHICLE CHARGING AND

20 HYDROGEN, PROPANE, AND NATURAL GAS FUELING

21 CORRIDORS.—Section 151 of title 23, United States Code, 

22 is amended— 

23 (1) in subsection (a) by striking ‘‘Not later 

24 than 1 year after the date of enactment of the 


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1 FAST Act, the Secretary shall’’ and inserting ‘‘The 

2 Secretary shall periodically’’; 

3 (2) in subsection (b)(2) by inserting ‘‘previously 

4 designated by the Federal Highway Administration 

5 or’’ after ‘‘fueling corridors’’; 

6 (3) in subsection (d)— 

7 (A) by striking ‘‘Not later than’’ and in8 serting the following: 

9 ‘‘(1) IN GENERAL.—Not later than’’; 

10 (B) by striking ‘‘5 years after the date of 

11 establishment of the corridors under subsection 

12 (a), and every 5 years thereafter’’ and inserting 

13 ‘‘180 days after the date of enactment of the 

14 INVEST in America Act’’; 

15 (C) by inserting ‘‘establish a recurring 

16 process to regularly’’ after ‘‘the Secretary 

17 shall’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(2) FREIGHT CORRIDORS.—Not later than 1 

20 year after the date of enactment of the INVEST in 

21 America Act, the Secretary shall designate national 

22 electric vehicle charging and hydrogen fueling freight 

23 corridors that identify the near- and long-term need 

24 for, and the location of, electric vehicle charging and 

25 hydrogen fueling infrastructure to support freight 


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1 and goods movement at strategic locations along 

2 major national highways, the National Highway 

3 Freight Network, and goods movement locations in4 cluding ports, intermodal centers, and warehousing 

5 locations.’’; 

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’’; 

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.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall establish a deadline by which a State 


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1 shall provide a plan to the Secretary, in 

2 such form and such manner that the Sec3 retary requires, describing how such State 

4 intends to use its allocation under this sec5 tion. 

6 ‘‘(ii) REPORT OF STATE PLANS TO

7 CONGRESS.—Not later than 120 days after 

8 the deadline established in clause (i), the 

9 Secretary shall submit to the Committee 

10 on Transportation and Infrastructure of 

11 the House of Representatives and the 

12 Committee on Environment and Public 

13 Works of the Senate a report detailing— 

14 ‘‘(I) a summary of each plan sub15 mitted by a State to the Department 

16 of Transportation; and 

17 ‘‘(II) an assessment of how such 

18 plans make progress towards the es19 tablishment of a national network of 

20 electric vehicle charging stations. 

21 ‘‘(B) EFFICIENT OBLIGATION OF

22 FUNDS.—If a State fails to submit the plan re23 quired by subparagraph (A) to the Secretary in 

24 a timely manner, or if the Secretary determines 


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1 a State has not taken sufficient action to carry 

2 out its plan, the Secretary may— 

3 ‘‘(i) withdraw from the State the 

4 funds that were apportioned to the State 

5 for a fiscal year under section 104(b)(10); 

6 ‘‘(ii) award such funds on a competi7 tive basis to local units of government 

8 within the State for use on projects that 

9 meet the eligibility requirements described 

10 in paragraph (4); and 

11 ‘‘(iii) ensure timely obligation of such 

12 funds. 

13 ‘‘(C) REDISTRIBUTION AMONG STATES.—If 

14 the Secretary determines that any funds with15 drawn from a State under subparagraph (B)(i) 

16 cannot be fully awarded to local units of gov17 ernment within the State under subparagraph 

18 (B)(ii) in a manner consistent with the purpose 

19 of this subsection, any such funds remaining 

20 under subparagraph (B)(i) shall be— 

21 ‘‘(i) apportioned among other States 

22 (except States for which funds for that fis23 cal year have been withdrawn under sub24 paragraph (B)(i)) in the same ratio as 

25 funds apportioned for that fiscal year 


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1 under section 104(b)(10)(C) for the Pro2 gram; and 

3 ‘‘(ii) only available to carry out this 

4 section. 

5 ‘‘(4) ELIGIBLE PROJECTS.— 

6 ‘‘(A) IN GENERAL.—Funding made avail7 able under this subsection shall be for 

8 projects— 

9 ‘‘(i) directly related to the electric 

10 charging or hydrogen fueling of a vehicle; 

11 and 

12 ‘‘(ii) only for infrastructure that is 

13 open to the general public or to authorized 

14 commercial motor vehicle operators from 

15 more than 1 company. 

16 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 

17 ‘‘(i) IN GENERAL.—Any charging or 

18 fueling infrastructure acquired or installed 

19 with funding under this subsection shall be 

20 located along an alternative fuel corridor. 

21 ‘‘(ii) GUIDANCE.—Not later than 90 

22 days after the date of enactment of the 

23 INVEST in America Act, the Secretary of 

24 Transportation, in coordination with the 

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1 ance for States and localities to strategi2 cally deploy charging and fueling infra3 structure along alternative fuel corridors, 

4 consistent with this section. 

5 ‘‘(iii) ADDITIONAL CONSIDER6 ATIONS.—In developing the guidance re7 quired under clause (ii), the Secretary of 

8 Transportation, in coordination with the 

9 Secretary of Energy, shall consider, as ap10 propriate— 

11 ‘‘(I) the distance between publicly 

12 available charging and fueling infra13 structure eligible under this section; 

14 ‘‘(II) connections to the electric 

15 grid or fuel distribution system, in16 cluding electric distribution upgrades, 

17 vehicle-to-grid integration, including 

18 smart charge management or other 

19 protocols that can minimize impacts 

20 to the electric grid, and alignment 

21 with electric distribution interconnec22 tion processes; 

23 ‘‘(III) meeting current and an24 ticipated market demands for charg25 ing or fueling infrastructure, including 


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1 with regard to power levels and charg2 ing speed, and minimizing the time to 

3 charge or refuel current and antici4 pated vehicles; 

5 ‘‘(IV) plans to protect the electric 

6 grid from added load of charging dis7 tribution systems from adverse im8 pacts of changing load patterns, in9 cluding through on site storage; 

10 ‘‘(V) plans for the use of renew11 able energy sources to power charg12 ing, energy storage, and hydrogen fuel 

13 production; 

14 ‘‘(VI) the proximity of existing 

15 off-highway travel centers, fuel retail16 ers, and small businesses to electric 

17 vehicle charging infrastructure ac18 quired or funded under this sub19 section, including recommendations 

20 for promoting efficient dwell times 

21 based on best practices; 

22 ‘‘(VII) the need for— 

23 ‘‘(aa) publicly available elec24 tric vehicle charging infrastruc25 ture in rural corridors; 


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1 ‘‘(bb) equitable deployment 

2 of electric vehicle charging infra3 structure in underserved or dis4 advantaged communities; 

5 ‘‘(cc) vehicle charging infra6 structure that is easily accessible 

7 to residents of public or afford8 able housing and multi-unit 

9 dwellings; and 

10 ‘‘(dd) consideration of the 

11 beneficial health impacts of in12 stalling electric vehicle charging 

13 infrastructure in densely popu14 lated communities with high 

15 rates of poverty, air pollution, 

16 and asthma; 

17 ‘‘(VIII) the long-term operation 

18 and maintenance of publicly available 

19 electric vehicle charging infrastructure 

20 to avoid stranded assets and protect 

21 the investment of public funds in that 

22 infrastructure; 

23 ‘‘(IX) existing private, national, 

24 State, local, Tribal, and territorial 

25 government electric vehicle charging 


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1 infrastructure programs and incen2 tives; 

3 ‘‘(X) fostering enhanced, coordi4 nated, public-private or private invest5 ment in charging and fueling infra6 structure; 

7 ‘‘(XI) ensuring consumer protec8 tion and pricing transparency; 

9 ‘‘(XII) the availability of onsite 

10 amenities for vehicle operators, includ11 ing restrooms or food facilities; and 

12 ‘‘(XIII) any other factors, as de13 termined by the Secretary. 

14 ‘‘(5) ELIGIBLE PROJECT COSTS.—Subject to 

15 paragraph (6), funds made available under this sub16 section may be used for— 

17 ‘‘(A) the acquisition or installation of elec18 tric vehicle charging or hydrogen fueling infra19 structure; 

20 ‘‘(B) operating assistance for costs allo21 cable to operating and maintaining infrastruc22 ture acquired or installed under this subsection, 

23 for a period not to exceed five years; 

24 ‘‘(C) the acquisition or installation of traf25 fic control devices located in the right-of-way to 


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1 provide directional information to infrastructure 

2 acquired, installed, or operated under this sub3 section; or 

4 ‘‘(D) on-premises signs to provide informa5 tion about infrastructure acquired, installed, or 

6 operated under this subsection. 

7 ‘‘(6) PROJECT REQUIREMENTS.—Not later than 

8 180 days after the date of enactment of the IN9 VEST in America Act, the Secretary of Transpor10 tation, in coordination with the Secretary of Energy 

11 and in consultation with relevant stakeholders, shall, 

12 as appropriate, develop standards and requirements 

13 for electric vehicle charging infrastructure under this 

14 subsection related to— 

15 ‘‘(A) the installation, operation, or mainte16 nance by qualified technicians of electric vehicle 

17 charging infrastructure funded under this sub18 section; 

19 ‘‘(B) the interoperability of electric vehicle 

20 charging infrastructure funded under this sub21 section; 

22 ‘‘(C) any traffic control device or on-prem23 ises sign acquired, installed, or operated under 

24 this subsection; 


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1 ‘‘(D) any data requested by the Secretary 

2 related to a project funded under this sub3 section, including the format and schedule for 

4 the submission of such data; 

5 ‘‘(E) network connectivity of electric vehi6 cle charging infrastructure funded under this 

7 subsection that includes measures to protect 

8 personal privacy and ensure cybersecurity; and 

9 ‘‘(F) information on publicly available elec10 tric vehicle charging station locations, station 

11 operator contact information, number of simul12 taneous refueling positions, pricing, and real13 time availability to be made publicly available 

14 and easily accessible, including through applica15 ble mapping applications. 

16 ‘‘(7) FEDERAL SHARE.—The Federal share 

17 payable for the cost of a project funded under this 

18 subsection shall be 80 percent. 

19 ‘‘(8) PERIOD OF AVAILABILITY.—Notwith20 standing section 118(b), funds made available for 

21 the Program shall be available until expended. 

22 ‘‘(9) ADDITIONAL ASSISTANCE GRANTS.—For 

23 each of fiscal years 2023 through 2026, before mak24 ing an apportionment under section 104(b)(10), the 

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1 able to carry out the clean corridors program under 

2 this subsection, $100,000,000 for grants to States 

3 or localities that require additional assistance to 

4 strategically deploy infrastructure eligible under this 

5 subsection along alternative fuel corridors to fill 

6 gaps in the national charging network, including in 

7 rural areas and underserved or disadvantaged com8 munities. 

9 ‘‘(10) DEFINITION OF ALTERNATIVE FUEL COR10 RIDORS.—In this subsection, the term ‘alternative 

11 fuel corridors’ means a fuel corridor— 

12 ‘‘(A) designated under subsection (a); or 

13 ‘‘(B) equivalent to a fuel corridor described 

14 under such subsection that is designated, after 

15 consultation with any affected Indian Tribes or 

16 Tribal organizations, by a State or group of 

17 States.’’. 

18 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 

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

20 States Code, as amended by this title, is further amended 

21 by inserting after section 171 the following: 

22 ‘‘§ 172. Community climate innovation grants 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab24 lish a community climate innovation grant program (in 

25 this section referred to as the ‘Program’) to make grants, 


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1 on a competitive basis, for locally selected projects that 

2 reduce greenhouse gas emissions while improving the mo3 bility, accessibility, and connectivity of the surface trans4 portation system. 

5 ‘‘(b) PURPOSE.—The purpose of the Program shall 

6 be to support communities in reducing greenhouse gas 

7 emissions from the surface transportation system. 

8 ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 

9 make grants under the Program to the following entities: 

10 ‘‘(1) A metropolitan planning organization. 

11 ‘‘(2) A unit of local government or a group of 

12 local governments, or a county or multi-county spe13 cial district. 

14 ‘‘(3) A subdivision of a local government. 

15 ‘‘(4) A transit agency. 

16 ‘‘(5) A special purpose district with a transpor17 tation function or a port authority. 

18 ‘‘(6) An Indian Tribe or Tribal organization. 

19 ‘‘(7) A territory. 

20 ‘‘(8) A multijurisdictional group of entities de21 scribed in paragraphs (1) through (7). 

22 ‘‘(d) APPLICATIONS.—To be eligible for a grant 

23 under the Program, an entity specified in subsection (c) 

24 shall submit to the Secretary an application in such form, 


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1 at such time, and containing such information as the Sec2 retary determines appropriate. 

3 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 

4 provide a grant under the Program for a project that is 

5 expected to yield a significant reduction in greenhouse gas 

6 emissions from the surface transportation system and— 

7 ‘‘(1) is a project eligible for assistance under 

8 this title or under chapter 53 of title 49, or is a cap9 ital project for vehicles and facilities, whether pub10 licly or privately owned, that are used to provide 

11 intercity passenger service by bus; or 

12 ‘‘(2) is a capital project as defined in section 

13 22906 of title 49 to improve intercity passenger rail 

14 that will yield a significant reduction in single occu15 pant vehicle trips and improve mobility on public 

16 roads. 

17 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a 

18 project under the Program may be used for— 

19 ‘‘(1) development phase activities, including 

20 planning, feasibility analysis, revenue forecasting, 

21 environmental review, preliminary engineering and 

22 design work, and other preconstruction activities; 

23 and 

24 ‘‘(2) construction, reconstruction, rehabilitation, 

25 acquisition of real property (including land related 


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1 to the project and improvements to the land), envi2 ronmental mitigation, construction contingencies, ac3 quisition of equipment, and operational improve4 ments. 

5 ‘‘(g) PROJECT PRIORITIZATION.—In making grants 

6 for projects under the Program, the Secretary shall give 

7 priority to projects that are expected to yield the most sig8 nificant reductions in greenhouse gas emissions from the 

9 surface transportation system. 

10 ‘‘(h) ADDITIONAL CONSIDERATIONS.—In making 

11 grants for projects under the Program, the Secretary shall 

12 consider the extent to which— 

13 ‘‘(1) a project maximizes greenhouse gas reduc14 tions in a cost-effective manner; 

15 ‘‘(2) a project reduces dependence on single-oc16 cupant vehicle trips or provides additional transpor17 tation options; 

18 ‘‘(3) a project improves the connectivity and ac19 cessibility of the surface transportation system, par20 ticularly to low- and zero-emission forms of trans21 portation, including public transportation, walking, 

22 and bicycling; 

23 ‘‘(4) an applicant has adequately considered or 

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1 portunity for public comment, the environmental jus2 tice and equity impacts of the project; 

3 ‘‘(5) a project contributes to geographic diver4 sity among grant recipients, including to achieve a 

5 balance between urban, suburban, and rural commu6 nities; 

7 ‘‘(6) a project serves low-income residents of 

8 low-income communities, including areas of per9 sistent poverty, while not displacing such residents; 

10 ‘‘(7) a project uses pavement materials that 

11 demonstrate reductions in greenhouse gas emissions 

12 through sequestration or innovative manufacturing 

13 processes; 

14 ‘‘(8) a project repurposes neglected or 

15 underused infrastructure, including abandoned high16 ways, bridges, railways, trail ways, and adjacent 

17 underused spaces, into new hybrid forms of public 

18 space that support multiple modes of transportation; 

19 and 

20 ‘‘(9) a project includes regional multimodal 

21 transportation system management and operations 

22 elements that will improve the effectiveness of such 

23 project and encourage reduction of single occupancy 

24 trips by providing the ability of users to plan, use, 

25 and pay for multimodal transportation alternatives. 


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1 ‘‘(i) FUNDING.— 

2 ‘‘(1) MAXIMUM AMOUNT.—The maximum 

3 amount of a grant under the Program shall be 

4 $25,000,000. 

5 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 

6 made available to carry out the Program, the Sec7 retary may use up to 1 percent to provide technical 

8 assistance to applicants and potential applicants. 

9 ‘‘(j) TREATMENT OF PROJECTS.— 

10 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

11 shall, with respect to a project funded by a grant 

12 under this section, apply— 

13 ‘‘(A) the requirements of this title to a 

14 highway project; 

15 ‘‘(B) the requirements of chapter 53 of 

16 title 49 to a public transportation project; and 

17 ‘‘(C) the requirements of section 22905 of 

18 title 49 to a passenger rail or freight rail 

19 project. 

20 ‘‘(2) MULTIMODAL PROJECTS.— 

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

22 provided in this paragraph, if an eligible project 

23 is a multimodal project, the Secretary shall— 

24 ‘‘(i) determine the predominant modal 

25 component of the project; and 


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1 ‘‘(ii) apply the applicable requirements 

2 of such predominant modal component to 

3 the project. 

4 ‘‘(B) EXCEPTIONS.— 

5 ‘‘(i) PASSENGER OR FREIGHT RAIL

6 COMPONENT.—For any passenger or 

7 freight rail component of a project, the re8 quirements of section 22907(j)(2) of title 

9 49 shall apply. 

10 ‘‘(ii) PUBLIC TRANSPORTATION COM11 PONENT.—For any public transportation 

12 component of a project, the requirements 

13 of section 5333 of title 49 shall apply. 

14 ‘‘(C) BUY AMERICA.—In applying the Buy 

15 America requirements under section 313 of this 

16 title and sections 5320, 22905(a), and 24305(f) 

17 of title 49 to a multimodal project under this 

18 paragraph, the Secretary shall— 

19 ‘‘(i) consider the various modal com20 ponents of the project; and 

21 ‘‘(ii) seek to maximize domestic jobs. 

22 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA23 CILITIES.—None of the funds provided under this section 

24 may be used for a project that will result in the construc25 tion of new capacity available to single occupant vehicles 


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1 unless the project consists of a high-occupancy vehicle fa2 cility and is consistent with section 166. 

3 ‘‘(l) PUBLIC COMMENT.—Prior to issuing the notice 

4 of funding opportunity for funding under this section for 

5 fiscal year 2023, the Secretary, in consultation with the 

6 Administrator of the Environmental Protection Agency, 

7 shall solicit public comment on the method of determining 

8 the significant reduction in greenhouse gas emissions re9 quired under subsection (e). 

10 ‘‘(m) CONSULTATION.—Prior to making an award 

11 under this section in a given fiscal year, the Secretary 

12 shall consult with the Administrator of the Environmental 

13 Protection Agency to determine which projects are ex14 pected to yield a significant reduction in greenhouse gas 

15 emissions as required under subsection (e). 

16 ‘‘(n) RURAL SET-ASIDE.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall set 

18 aside not less than 10 percent of the amounts made 

19 available to carry out this section for projects lo20 cated in rural areas. 

21 ‘‘(2) DEFINITION OF RURAL AREA.—In this 

22 subsection, the term ‘rural area’ means all areas of 

23 a State or territory that are outside of an urbanized 

24 area with a population greater than 74,999 individ25 uals, as determined by the Bureau of the Census.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 1 of title 23, United States Code, is amended by insert3 ing after the item relating to section 171 the following: 

‘‘172. Community climate innovation grants.’’. 

4 SEC. 1305. METRO PERFORMANCE PROGRAM. 

5 (a) ESTABLISHMENT.—The Secretary of Transpor6 tation shall establish a metro performance program in ac7 cordance with this section to enhance local decision mak8 ing and provide enhanced local control in transportation 

9 project delivery. 

10 (b) DIRECT RECIPIENT DESIGNATION.— 

11 (1) IN GENERAL.—The Secretary shall des12 ignate high-performing metropolitan planning orga13 nizations and units of local government based on the 

14 criteria in paragraph (3) to be direct recipients of 

15 funds under this section. 

16 (2) AUTHORITY.—Nothing in this section shall 

17 be construed to prohibit a direct recipient from tak18 ing any action otherwise authorized to secure and 

19 expend Federal funds authorized under chapter 1 of 

20 title 23, United States Code. 

21 (3) CRITERIA.—In designating an applicant 

22 under this subsection, the Secretary shall consider, 

23 where applicable— 

24 (A) the legal, financial, and technical ca25 pacity of the applicant; 


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1 (B) the level of coordination between the 

2 applicant and— 

3 (i) the State department of transpor4 tation of the State or States in which the 

5 metropolitan planning area or unit of local 

6 government represented by the applicant is 

7 located; 

8 (ii) local governments, the metropoli9 tan planning organization, and providers of 

10 public transportation within the area rep11 resented by the applicant; and 

12 (iii) if more than one metropolitan 

13 planning organization is designated within 

14 an urbanized area represented by the ap15 plicant, any other such metropolitan plan16 ning organization; 

17 (C) in the case of an applicant that rep18 resents an urbanized area population of greater 

19 than 200,000, the effectiveness of project deliv20 ery and timely obligation of funds made avail21 able under section 133(d)(1)(A)(i) of title 23, 

22 United States Code; 

23 (D) if the applicant or a local government 

24 within the metropolitan planning area that the 

25 applicant represents has been the recipient of a 


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1 discretionary grant from the Secretary within 

2 the preceding 5 years, the administration of 

3 such grant; 

4 (E) the extent to which the planning and 

5 decision making process of the applicant, in6 cluding the long-range transportation plan and 

7 the approved transportation improvement pro8 gram under section 134 of such title, support— 

9 (i) the performance goals established 

10 under section 150(b) of such title; and 

11 (ii) the achievement of metropolitan 

12 or statewide performance targets estab13 lished under section 150(d) of such title; 

14 (F) whether the applicant is a designated 

15 recipient of funds as described under subpara16 graphs (A) and (B) of section 5302(4) of title 

17 49, United States Code, or a direct recipient of 

18 funds under section 5307 of such title from the 

19 Federal Transit Administration; 

20 (G) if the applicant is a unit of local gov21 ernment, whether the applicable metropolitan 

22 planning organization has been designated as a 

23 direct recipient; and 

24 (H) any other criteria established by the 

25 Secretary. 


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1 (4) REQUIREMENTS.— 

2 (A) CALL FOR NOMINATION.—Not later 

3 than February 1, 2022, the Secretary shall 

4 publish in the Federal Register a notice solic5 iting applications for designation under this 

6 subsection. 

7 (B) GUIDANCE.—The notification under 

8 paragraph (1) shall include guidance on the re9 quirements and responsibilities of a direct re10 cipient under this section, including imple11 menting regulations. 

12 (C) DETERMINATION.—The Secretary 

13 shall make all designations under this section 

14 for fiscal year 2023 not later than June 1, 

15 2022. 

16 (5) TERM.—Except as provided in paragraph 

17 (6), a designation under this subsection shall— 

18 (A) be for a period of not less than 5 

19 years; and 

20 (B) be renewable. 

21 (6) TERMINATION.— 

22 (A) IN GENERAL.—The Secretary shall es23 tablish procedures for the termination of a des24 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) or 148 of title 23, 

23 United 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 each fiscal year in each 

3 of fiscal years 2023 through 2026 for program man4 agement, oversight, and technical assistance to di5 rect recipients. 

6 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 

7 (1) DIRECT AVAILABILITY OF FUNDS.—Not8 withstanding title 23, United States Code, the 

9 amounts made available under this section shall be 

10 allocated to each direct recipient for obligation. 

11 (2) DISTRIBUTION OF AMOUNTS AMONG DIRECT

12 RECIPIENTS.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), on the first day of the fiscal year for 

15 which funds are made available under this sec16 tion, the Secretary shall allocate such funds to 

17 each direct recipient as the proportion of the 

18 population (as determined by data collected by 

19 the Bureau of the Census) of the urbanized 

20 area represented by any 1 direct recipient bears 

21 to the total population of all of urbanized areas 

22 represented by all direct recipients. 

23 (B) MINIMUM AND MAXIMUM AMOUNTS.— 

24 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 or unit of 

6 local government as a direct recipient under 

7 subsection (b), the Secretary shall ensure that 

8 each direct recipient receives the minimum re9 quired allocation under subparagraph (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 (G) SELF-CERTIFICATION AND COMPLI19 ANCE.—The Secretary may conduct risk-based 

20 stewardship and oversight of a direct recipient’s 

21 performance of the assumed responsibilities 

22 specified in the agreement under subparagraph 

23 (D), as determined appropriate by the Sec24 retary. 

25 (e) EXPENDITURE OF FUNDS.— 


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1 (1) CONSISTENCY WITH METROPOLITAN PLAN2 NING.—Except as otherwise provided in this section, 

3 programming and expenditure of funds for projects 

4 under this section shall be consistent with the re5 quirements of section 134 of title 23, United States 

6 Code, and section 5303 of title 49, United States 

7 Code. 

8 (2) SELECTION OF PROJECTS.— 

9 (A) IN GENERAL.—Notwithstanding sub10 sections (j)(5) and (k)(4) of section 134 of title 

11 23, United States Code, or subsections (j)(5) 

12 and (k)(4) of section 5303 of title 49, United 

13 States Code, a direct recipient shall select, from 

14 the approved transportation improvement pro15 gram under such sections, all projects to be 

16 funded under this section, including projects on 

17 the National Highway System. 

18 (B) ELIGIBLE PROJECTS.—The project se19 lection process described in this subsection shall 

20 apply to all federally funded projects within the 

21 boundaries of a metropolitan planning area or 

22 unit of local government served by a direct re23 cipient that are carried out under this section. 


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1 (C) CONSULTATION REQUIRED.—In select2 ing a project under this subsection, the direct 

3 recipient shall consult with— 

4 (i) in the case of a highway project, 

5 the State and locality in which such project 

6 is located; and 

7 (ii) in the case of a transit project, 

8 any affected public transportation oper9 ator. 

10 (3) RULE OF CONSTRUCTION.—Nothing in this 

11 section shall be construed to limit the ability of a di12 rect recipient to partner with a State department of 

13 transportation or other recipient of Federal funds 

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

15 title 49, United States Code, to carry out a project. 

16 (f) TREATMENT OF FUNDS.— 

17 (1) IN GENERAL.—Except as provided in this 

18 section, funds made available to carry out this sec19 tion shall be administered as if apportioned under 

20 chapter 1 of title 23, United States Code. 

21 (2) FEDERAL SHARE.—The Federal share of 

22 the cost of a project carried out under this section 

23 shall be determined in accordance with section 120 

24 of title 23, United States Code. 

25 (g) REPORT.— 


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1 (1) DIRECT RECIPIENT REPORT.—Not later 

2 than 60 days after the end of each fiscal year, each 

3 direct recipient shall submit to the Secretary a re4 port that includes— 

5 (A) a list of projects funded with amounts 

6 provided under this section; 

7 (B) a description of any obstacles to com8 plete projects or timely obligation of funds; and 

9 (C) recommendations to improve the effec10 tiveness of the program under this section. 

11 (2) REPORT TO CONGRESS.—Not later than Oc12 tober 1, 2024, the Secretary shall submit to the 

13 Committee on Environment and Public Works of the 

14 Senate and the Committee on Transportation and 

15 Infrastructure of the House of Representatives a re16 port that— 

17 (A) summarizes the findings of each direct 

18 recipient provided under paragraph (1); 

19 (B) describes the efforts undertaken by 

20 both direct recipients and the Secretary to en21 sure compliance with the requirements of title 

22 23 and chapter 53 of title 49, United States 

23 Code; 


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1 (C) analyzes the capacity of direct recipi2 ents to receive direct allocations of funds under 

3 chapter 1 of title 23, United States Code; and 

4 (D) provides recommendations from the 

5 Secretary to— 

6 (i) improve the administration, over7 sight, and performance of the program es8 tablished under this section; 

9 (ii) improve the effectiveness of direct 

10 recipients to complete projects and obligate 

11 funds in a timely manner; and 

12 (iii) evaluate options to expand the 

13 authority provided under this section, in14 cluding to allow for the direct allocation to 

15 metropolitan planning organizations or 

16 units of local government of funds made 

17 available to carry out clause (i) or (ii) of 

18 section 133(d)(1)(A) of title 23, United 

19 States Code. 

20 (3) UPDATE.—Not less frequently than every 2 

21 years, the Secretary shall update the report de22 scribed in paragraph (2). 

23 (h) DEFINITIONS.— 

24 (1) DIRECT RECIPIENT.—In this section, the 

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1 ning organization or unit of local government des2 ignated by the Secretary as high-performing under 

3 subsection (b) and that was directly allocated funds 

4 as described in subsection (d). 

5 (2) METROPOLITAN PLANNING AREA.—The 

6 term ‘‘metropolitan planning area’’ has the meaning 

7 given such term in section 134 of title 23, United 

8 States Code. 

9 (3) METROPOLITAN PLANNING ORGANIZA10 TION.—The term ‘‘metropolitan planning organiza11 tion’’ has the meaning given such term in section 

12 134 of title 23, United States Code. 

13 (4) NATIONAL HIGHWAY SYSTEM.—The term 

14 ‘‘National Highway System’’ has the meaning given 

15 such term in section 101 of title 23, United States 

16 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 (6) URBANIZED AREA.—The term ‘‘urbanized 

21 area’’ has the meaning given such term in section 

22 134 of title 23, United States Code. 

23 SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 

24 (a) ESTABLISHMENT.—The Secretary of Transpor25 tation shall establish a gridlock reduction program to 


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1 make grants, on a competitive basis, for projects to re2 duce, and mitigate the adverse impacts of, traffic conges3 tion. 

4 (b) APPLICATIONS.—To be eligible for a grant under 

5 this section, an applicant shall submit to the Secretary an 

6 application in such form, at such time, and containing 

7 such information as the Secretary determines appropriate. 

8 (c) ELIGIBILITY.— 

9 (1) ELIGIBLE APPLICANTS.—The Secretary 

10 may make grants under this section to an applicant 

11 that serves an eligible area and that is— 

12 (A) a metropolitan planning organization; 

13 (B) a unit of local government or a group 

14 of local governments; 

15 (C) a multijurisdictional group of entities 

16 described in subparagraphs (A) and (B); 

17 (D) a special purpose district or public au18 thority with a transportation function, including 

19 a port authority; or 

20 (E) a State that is in partnership with an 

21 entity or group of entities described in subpara22 graph (A), (B), or (C). 

23 (2) ELIGIBLE AREA.—An eligible area for an el24 igible entity under paragraph (1) shall be— 


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1 (A) a combined statistical area, as defined 

2 by the Office of Management and Budget, with 

3 a population of not less than 1,300,000; or 

4 (B) a metropolitan statistical area that is 

5 not part of a combined statistical area, as de6 fined by the Office of Management and Budget, 

7 that has a population of not less than 750,000. 

8 (d) ELIGIBLE PROJECTS.—The Secretary may award 

9 grants under this section to applicants that submit a com10 prehensive program of surface transportation-related 

11 projects to reduce traffic congestion and related adverse 

12 impacts, including a project for one or more of the fol13 lowing: 

14 (1) Transportation systems management and 

15 operations, including strategies to improve the oper16 ations of high-occupancy vehicle lanes. 

17 (2) Intelligent transportation systems to im18 prove connectivity and innovation. 

19 (3) Real-time traveler information. 

20 (4) Traffic incident management. 

21 (5) Active traffic management. 

22 (6) Traffic signal timing. 

23 (7) Multimodal travel payment systems. 

24 (8) Transportation demand management, in25 cluding employer-based commuting programs such 


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1 as carpool, vanpool, transit benefit, parking cashout, 

2 shuttle, or telework programs. 

3 (9) A project to provide transportation options 

4 to reduce traffic congestion, including— 

5 (A) a project under chapter 53 of title 49, 

6 United States Code, including value capture 

7 and transit-oriented development projects; 

8 (B) a bicycle or pedestrian project, includ9 ing a project to provide safe and connected ac10 tive transportation networks; and 

11 (C) a surface transportation project car12 ried out in accordance with the national travel 

13 and tourism infrastructure strategic plan under 

14 section 1431(e) of the FAST Act (49 U.S.C. 

15 301 note). 

16 (10) Any other project, as determined appro17 priate by the Secretary utilizing eligible projects. 

18 (e) AWARD PRIORITIZATION.— 

19 (1) IN GENERAL.—In selecting grants under 

20 this section, the Secretary shall prioritize applicants 

21 serving urbanized areas, as described in subsection 

22 (c), that are experiencing a high degree of recurrent 

23 transportation congestion, as determined by the Sec24 retary. 


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1 (2) ADDITIONAL CONSIDERATIONS.—In select2 ing grants under this section, the Secretary shall 

3 also consider the extent to which the project 

4 would— 

5 (A) reduce traffic congestion and improve 

6 the reliability of the surface transportation sys7 tem; 

8 (B) mitigate the adverse impacts of traffic 

9 congestion on the surface transportation sys10 tem, including safety and environmental im11 pacts; 

12 (C) maximize the use of existing capacity; 

13 and 

14 (D) employ innovative, integrated, and 

15 multimodal solutions to the items described in 

16 subparagraphs (A), (B), and (C). 

17 (f) FEDERAL SHARE.— 

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

19 cost of a project carried out under this section may 

20 not exceed 60 percent. 

21 (2) MAXIMUM FEDERAL SHARE.—Federal as22 sistance other than a grant for a project under this 

23 section may be used to satisfy the non-Federal share 

24 of the cost of such project, except that the total Fed25 eral assistance provided for a project receiving a 


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1 grant under this section may not exceed 80 percent 

2 of the total project cost. 

3 (g) USE OF FUNDS.—Funds made available for a 

4 project under this section may be used for— 

5 (1) development phase activities, including plan6 ning, feasibility analysis, revenue forecasting, envi7 ronmental review, preliminary engineering and de8 sign work, and other preconstruction activities; and 

9 (2) construction, reconstruction, rehabilitation, 

10 acquisition of real property (including land related 

11 to the project and improvements to the land), envi12 ronmental mitigation, construction contingencies, ac13 quisition of equipment, and operational improve14 ments. 

15 (h) FUNDING.— 

16 (1) GRANT AMOUNT.—A grant under this sec17 tion shall be in an amount not less than 

18 $10,000,000 and not more than $50,000,000. 

19 (2) AVAILABILITY.—Funds made available 

20 under this program shall be available until expended. 

21 (i) FREIGHT PROJECT SET-ASIDE.— 

22 (1) IN GENERAL.—The Secretary shall set aside 

23 not less than 50 percent of the funds made available 

24 to carry out this section for grants for freight 

25 projects under this subsection. 


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1 (2) ELIGIBLE USES.—The Secretary shall pro2 vide funds set aside under this subsection to appli3 cants that submit a comprehensive program of sur4 face transportation-related projects to reduce 

5 freight-related traffic congestion and related adverse 

6 impacts, including— 

7 (A) freight intelligent transportation sys8 tems; 

9 (B) real-time freight parking information; 

10 (C) real-time freight routing information; 

11 (D) freight transportation and delivery 

12 safety projects; 

13 (E) first-mile and last-mile delivery solu14 tions; 

15 (F) shifting freight delivery to off-peak 

16 travel times; 

17 (G) reducing greenhouse gas emissions and 

18 air pollution from freight transportation and 

19 delivery, including through the use of innovative 

20 vehicles that produce fewer greenhouse gas 

21 emissions; 

22 (H) use of centralized delivery locations; 

23 (I) designated freight vehicle parking and 

24 staging areas; 

25 (J) curb space management; and 


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1 (K) other projects, as determined appro2 priate by the Secretary. 

3 (3) AWARD PRIORITIZATION.— 

4 (A) IN GENERAL.—In providing funds set 

5 aside under this section, the Secretary shall 

6 prioritize applicants serving urbanized areas, as 

7 described in subsection (c), that are experi8 encing a high degree of recurrent congestion 

9 due to freight transportation, as determined by 

10 the Secretary. 

11 (B) ADDITIONAL CONSIDERATIONS.—In 

12 providing funds set aside under this subsection, 

13 the Secretary shall consider the extent to which 

14 the proposed project— 

15 (i) reduces freight-related traffic con16 gestion and improves the reliability of the 

17 freight transportation system; 

18 (ii) mitigates the adverse impacts of 

19 freight-related traffic congestion on the 

20 surface transportation system, including 

21 safety and environmental impacts; 

22 (iii) maximizes the use of existing ca23 pacity; 


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1 (iv) employs innovative, integrated, 

2 and multimodal solutions to the items de3 scribed in clauses (i) through (iii); 

4 (v) leverages Federal funds with non5 Federal contributions; and 

6 (vi) integrates regional multimodal 

7 transportation management and oper8 ational projects that address both pas9 senger and freight congestion. 

10 (4) FLEXIBILITY.—If the Secretary determines 

11 that there are insufficient qualified applicants to use 

12 the funds set aside under this subsection, the Sec13 retary may use such funds for grants for any 

14 projects eligible under this section. 

15 (j) REPORT.— 

16 (1) RECIPIENT REPORT.—The Secretary shall 

17 ensure that not later than 2 years after the Sec18 retary awards grants under this section, the recipi19 ent of each such grant submits to the Secretary a 

20 report that contains— 

21 (A) information on each activity or project 

22 that received funding under this section; 

23 (B) a summary of any non-Federal re24 sources leveraged by a grant under this section; 


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1 (C) any statistics, measurements, or quan2 titative assessments that demonstrate the con3 gestion reduction, reliability, safety, and envi4 ronmental benefits achieved through activities 

5 or projects that received funding under this sec6 tion; and 

7 (D) any additional information required by 

8 the Secretary. 

9 (2) REPORT TO CONGRESS.—Not later than 9 

10 months after the date specified in paragraph (1), the 

11 Secretary shall submit to the Committee on Trans12 portation and Infrastructure of the House of Rep13 resentatives and the Committee on Environment and 

14 Public Works, the Committee on Commerce, Science, 

15 and Transportation, and the Committee on Banking, 

16 Housing, and Urban Affairs of the Senate, and 

17 make publicly available on a website, a report detail18 ing— 

19 (A) a summary of any information pro20 vided under paragraph (1); and 

21 (B) recommendations and best practices 

22 to— 

23 (i) reduce traffic congestion, including 

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1 prove the reliability of the surface trans2 portation system; 

3 (ii) mitigate the adverse impacts of 

4 traffic congestion, including freight-related 

5 traffic congestion, on the surface transpor6 tation system, including safety and envi7 ronmental impacts; and 

8 (iii) employ innovative, integrated, 

9 and multimodal solutions to the items de10 scribed in clauses (i) and (ii). 

11 (k) NOTIFICATION.—Not later than 3 business days 

12 before awarding a grant under this section, the Secretary 

13 shall notify the Committee on Transportation and Infra14 structure of the House of Representatives and the Com15 mittee on Environment and Public Works, the Committee 

16 on Commerce, Science, and Transportation, and the Com17 mittee on Banking, Housing, and Urban Affairs of the 

18 Senate of the intention to award such a grant. 

19 (l) TREATMENT OF PROJECTS.— 

20 (1) FEDERAL REQUIREMENTS.—The Secretary 

21 shall, with respect to a project funded by a grant 

22 under this section, apply— 

23 (A) the requirements of title 23, United 

24 States Code, to a highway project; 


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1 (B) the requirements of chapter 53 of title 

2 49, United States Code, to a public transpor3 tation project; and 

4 (C) the requirements of section 22905 of 

5 title 49, United States Code, to a passenger rail 

6 or freight rail project. 

7 (2) MULTIMODAL PROJECTS.— 

8 (A) IN GENERAL.—Except as otherwise 

9 provided in this paragraph, if an eligible project 

10 is a multimodal project, the Secretary shall— 

11 (i) determine the predominant modal 

12 component of the project; and 

13 (ii) apply the applicable requirements 

14 of such predominant modal component to 

15 the project. 

16 (B) EXCEPTIONS.— 

17 (i) PASSENGER OR FREIGHT RAIL

18 COMPONENT.—For any passenger or 

19 freight rail component of a project, the re20 quirements of section 22907(j)(2) of title 

21 49, United States Code, shall apply. 

22 (ii) PUBLIC TRANSPORTATION COMPO23 NENT.—For any public transportation 

24 component of a project, the requirements 


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1 of section 5333 of title 49, United States 

2 Code, shall apply. 

3 (C) BUY AMERICA.—In applying the Buy 

4 America requirements under section 313 of title 

5 23, United States Code, and sections 5320, 

6 22905(a), and 24305(f) of title 49, United 

7 States Code, to a multimodal project under this 

8 paragraph, the Secretary shall— 

9 (i) consider the various modal compo10 nents of the project; and 

11 (ii) seek to maximize domestic jobs. 

12 (m) TREATMENT OF FUNDS.—Except as provided in 

13 subsection (l), funds authorized for the purposes described 

14 in this section shall be available for obligation in the same 

15 manner as if the funds were apportioned under chapter 

16 1 of title 23, United States Code. 

17 SEC. 1307. REBUILD RURAL BRIDGES PROGRAM. 

18 (a) ESTABLISHMENT.—The Secretary of Transpor19 tation shall establish a rebuild rural bridges program to 

20 improve the safety and state of good repair of bridges in 

21 rural communities. 

22 (b) GRANT AUTHORITY.—In carrying out the pro23 gram established in subsection (a), the Secretary shall 

24 make grants, on a competitive basis, to eligible applicants 

25 in accordance with this section. 


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1 (c) 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 determines appropriate. 

5 (d) ELIGIBLE PROJECTS.—The Secretary— 

6 (1) shall provide grants under this section to 

7 projects eligible under title 23, United States Code, 

8 including projects on and off of the Federal-aid 

9 highway system, to inspect, replace, rehabilitate, or 

10 preserve— 

11 (A) an off-system bridge; 

12 (B) a bridge on Tribal land; or 

13 (C) a bridge in poor condition located in a 

14 rural community; and 

15 (2) may provide a grant for a bundle of bridges 

16 described in paragraph (1). 

17 (e) ELIGIBLE PROJECT COSTS.—A recipient of a 

18 grant under this section may use such grant for— 

19 (1) development phase activities, including plan20 ning, feasibility analysis, revenue forecasting, envi21 ronmental review, preliminary engineering and de22 sign work, and other preconstruction activities; 

23 (2) construction, reconstruction, rehabilitation, 

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1 ronmental mitigation, and construction contin2 gencies; and 

3 (3) bridge inspection, evaluation, and preserva4 tion. 

5 (f) FEDERAL SHARE.— 

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

7 cost of a project carried out using a grant under this 

8 section may not exceed 80 percent of the total cost 

9 of such project. 

10 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

11 assistance other than a grant under this section may 

12 be used to satisfy up to 100 percent of the total cost 

13 of such project. 

14 (g) CONSIDERATIONS.—In making grants under this 

15 section, the Secretary shall consider— 

16 (1) whether the project can be completed with17 out additional Federal funding or financial assist18 ance available to the project sponsor, beyond existing 

19 Federal apportionments; and 

20 (2) the level of benefits the project is expected 

21 to generate, including— 

22 (A) the costs avoided by the prevention of 

23 closure or reduced use of the asset to be im24 proved by the project; 


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1 (B) reductions in maintenance costs over 

2 the life of the asset; 

3 (C) safety benefits, including the reduction 

4 of accidents and related costs; and 

5 (D) benefits to the economy of the rural or 

6 Tribal community. 

7 (3) STUDY.—Not later than 18 months after 

8 the date of enactment of this Act, the Comptroller 

9 General of the United States shall submit to the 

10 Committee on Transportation and Infrastructure of 

11 the House of Representatives a study on the infra12 structure needs of colonias. 

13 (h) NOTIFICATION.—Not later than 3 business days 

14 before awarding a grant under this section, the Secretary 

15 shall notify the Committee on Transportation and Infra16 structure of the House of Representatives and the Com17 mittee on Environment and Public Works of the Senate 

18 of the intention to award such a grant. 

19 (i) DEFINITIONS.—In this section: 

20 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

21 applicant’’ means— 

22 (A) a State; 

23 (B) a metropolitan planning organization 

24 or a regional transportation planning organiza25 tion; 


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1 (C) a unit of local government; 

2 (D) a Federal land management agency; 

3 (E) an Indian Tribe or Tribal organiza4 tion; 

5 (F) a territory; and 

6 (G) a multijurisdictional group of entities 

7 described in subparagraph (A) through (F). 

8 (2) OFF SYSTEM BRIDGE.—The term ‘‘off-sys9 tem bridge’’ has the meaning given such term in sec10 tion 133(f) of title 23, United States Code, (as 

11 added by this Act). 

12 (3) RURAL COMMUNITY.—The term ‘‘rural 

13 community’’ means an area that is not an urbanized 

14 area, as such term is defined in section 101(a) of 

15 title 23, United States Code. 

16 SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 

17 (a) ESTABLISHMENT.—The Secretary of Transpor18 tation shall establish a program under which the Secretary 

19 shall make grants, on a competitive basis, to eligible enti20 ties to address the shortage of parking for commercial 

21 motor vehicles to improve the safety of commercial motor 

22 vehicle operators. 

23 (b) APPLICATIONS.—To be eligible for a grant under 

24 this section, an eligible entity shall submit to the Secretary 


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1 an application in such form, at such time, and containing 

2 such information as the Secretary may require. 

3 (c) ELIGIBLE PROJECTS.—Projects eligible under 

4 this section are projects that— 

5 (1) construct safety rest areas that include 

6 parking for commercial motor vehicles; 

7 (2) construct commercial motor vehicle parking 

8 facilities— 

9 (A) adjacent to private commercial truck10 stops and travel plazas; 

11 (B) within the boundaries of, or adjacent 

12 to, a publicly owned freight facility, including a 

13 port terminal operated by a public authority; 

14 and 

15 (C) at existing facilities, including inspec16 tion and weigh stations and park-and-ride loca17 tions; 

18 (3) open existing weigh stations, safety rest 

19 areas, and park-and-ride facilities to commercial 

20 motor vehicle parking; 

21 (4) facilitate access to publicly and privately 

22 provided commercial motor vehicle parking, such as 

23 through the use of intelligent transportation sys24 tems; 


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1 (5) construct turnouts along a Federal-aid 

2 highway for commercial motor vehicles; 

3 (6) make capital improvements to public com4 mercial motor vehicle parking facilities that are 

5 closed on a seasonal basis to allow the facilities to 

6 remain open year-round; 

7 (7) open existing commercial motor vehicle 

8 chain-up areas that are closed on a seasonal basis to 

9 allow the facilities to remain open year-round for 

10 commercial motor vehicle parking; 

11 (8) address commercial motor vehicle parking 

12 and layover needs in emergencies that strain the ca13 pacity of existing publicly and privately provided 

14 commercial motor vehicle parking; and 

15 (9) make improvements to existing commercial 

16 motor vehicle parking facilities, including advanced 

17 truckstop electrification systems. 

18 (d) USE OF FUNDS.— 

19 (1) IN GENERAL.—An eligible entity may use a 

20 grant under this section for— 

21 (A) development phase activities, including 

22 planning, feasibility analysis, benefit-cost anal23 ysis, environmental review, preliminary engi24 neering and design work, and other 


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1 preconstruction activities necessary to advance 

2 a project described in subsection (c); and 

3 (B) construction and operational improve4 ments, as such terms are defined in section 101 

5 of title 23, United States Code. 

6 (2) PRIVATE SECTOR PARTICIPATION.—An eli7 gible entity that receives a grant under this section 

8 may partner with a private entity to carry out an eli9 gible project under this section. 

10 (3) LIMITATION.—Not more than 10 percent of 

11 the amounts made available to carry out this section 

12 may be used to promote the availability of existing 

13 commercial motor vehicle parking. 

14 (e) SELECTION CRITERIA.—In making grants under 

15 this section, the Secretary shall consider— 

16 (1) in the case of construction of new commer17 cial motor vehicle parking capacity, the shortage of 

18 public and private commercial motor vehicle parking 

19 near the project; and 

20 (2) the extent to which each project— 

21 (A) would increase commercial motor vehi22 cle parking capacity or utilization; 

23 (B) would facilitate the efficient movement 

24 of freight; 


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1 (C) would improve safety, traffic 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 

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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; 


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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 and 

5 (5) the project would serve the low income resi6 dents of economically disadvantaged communities, 

7 including environmental justice communities, under8 served communities, or communities located in areas 

9 of persistent poverty (as such term is defined in sec10 tion 101 of title 23, United States Code). 

11 (h) LIMITATION.— 

12 (1) IN GENERAL.—The share of the cost of a 

13 project assisted with a grant under this section may 

14 not exceed 80 percent. 

15 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

16 assistance other than a grant under this section may 

17 be used to satisfy up to 100 percent of the total 

18 project cost. 

19 (i) ELIGIBLE PROJECT COSTS.—Amounts made 

20 available for a project under this section may be used 

21 for— 

22 (1) development phase activities, including plan23 ning, feasibility analysis, revenue forecasting, envi24 ronmental review, preliminary engineering and de25 sign work, and other preconstruction activities; and 


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1 (2) construction, reconstruction, rehabilitation, 

2 acquisition of real property (including land related 

3 to the project and improvements to the land), envi4 ronmental mitigation, construction contingencies, ac5 quisition of equipment, and operational improve6 ments. 

7 (j) NOTIFICATION.—Not later than 3 business days 

8 before awarding a grant under this section, the Secretary 

9 of Transportation shall notify the Committee on Transpor10 tation and Infrastructure of the House of Representatives 

11 and the Committee on Environment and Public Works of 

12 the Senate of the intention to award such a grant. 

13 (k) DEFINITIONS.—In this section: 

14 (1) ACTIVE TRANSPORTATION NETWORK.—The 

15 term ‘‘active transportation network’’ means facili16 ties built for alternative methods of transportation 

17 to motor vehicles for individuals, including side18 walks, bikeways, and pedestrian and bicycle trails, 

19 that connect destinations within an area covered by 

20 a unit of local government, a county, a community, 

21 including a community on Federal lands, or a metro22 politan area. 

23 (2) ACTIVE TRANSPORTATION CONNECTOR.— 

24 The term ‘‘active transportation connector’’ means 

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1 tation to motor vehicles for individuals, including 

2 sidewalks, bikeways, and pedestrian and bicycle 

3 trails, that connect 2 or more active transportation 

4 networks or connect communities, areas covered by 

5 a unit of local government, counties, metropolitan 

6 areas, Federal lands, or States. 

7 (3) GREENWAY PATH.—The term ‘‘greenway 

8 path’’ means an active transportation connector 

9 that— 

10 (A) crosses jurisdictional boundaries, in11 cluding State lines, and provides for 

12 connectivity between multiple communities, 

13 counties, metropolitan areas, or States; or 

14 (B) is a component of a regionally or na15 tionally significant network. 

16 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe 

17 system approach’’ has the meaning given such term 

18 in section 148(a) of title 23, United States Code. 

19 (5) VULNERABLE ROAD USER.—The term ‘‘vul20 nerable road user’’ has the meaning given such term 

21 in section 148(a) of title 23, United States Code. 

22 SEC. 1310. WILDLIFE CROSSINGS PROGRAM. 

23 (a) ESTABLISHMENT.—The Secretary shall establish 

24 a competitive wildlife crossings grant program (referred 


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1 to in this section as the ‘‘program’’) to provide grants for 

2 projects that seek to achieve— 

3 (1) a reduction in the number of wildlife-vehicle 

4 collisions; and 

5 (2) improved habitat connectivity for terrestrial 

6 and aquatic species. 

7 (b) ELIGIBLE ENTITIES.—The Secretary may make 

8 grants under the program to the following entities: 

9 (1) A State. 

10 (2) An Indian Tribe or Tribal organization. 

11 (3) A territory. 

12 (4) A Federal land management agency de13 scribed in section 203(b) of title 23, United States 

14 Code. 

15 (5) A group of entities described in paragraphs 

16 (1) through (4). 

17 (c) APPLICATIONS.—To be eligible to receive a grant 

18 under the program, an eligible entity shall submit to the 

19 Secretary an application at such time, in such manner, 

20 and containing such information as the Secretary may re21 quire. 

22 (d) CONSIDERATIONS.—In selecting grant recipients 

23 under the program, the Secretary shall consider the fol24 lowing: 


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1 (1) PRIMARY CRITERIA.—The extent to which 

2 the proposed project is likely to protect motorists 

3 and wildlife by reducing the number of wildlife-vehi4 cle collisions and improve habitat connectivity for 

5 terrestrial and aquatic species. 

6 (2) SECONDARY CRITERIA.— 

7 (A) The resilience benefits of the project. 

8 (B) The extent to which the project incor9 porates climate science, including expected 

10 changes in migration patterns. 

11 (C) The extent to which the project spon12 sor has coordinated with the relevant State 

13 agency with jurisdiction over fish and wildlife, 

14 if appropriate. 

15 (D) In the case of a project involving spe16 cies listed as threatened species or endangered 

17 species under the Endangered Species Act of 

18 1973 (16 U.S.C. 1531 et seq.), whether the 

19 project sponsor has coordinated with the United 

20 States Fish and Wildlife Service. 

21 (E) Other ecological benefits of the project, 

22 including— 

23 (i) reductions in stormwater runoff 

24 and other water pollution; and 


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1 (ii) the benefits of improved habitat 

2 connectivity for pollinators and the use of 

3 natively appropriate grasses. 

4 (F) Whether the project supports local eco5 nomic development and improvement of visita6 tion opportunities. 

7 (G) The extent to which the project incor8 porates innovative technologies, including ad9 vanced design techniques and other strategies 

10 to enhance efficiency and effectiveness in reduc11 ing wildlife-vehicle collisions and improving 

12 habitat connectivity for terrestrial and aquatic 

13 species. 

14 (H) The extent to which the project pro15 vides educational and outreach opportunities. 

16 (I) Whether the project will further re17 search to evaluate, compare effectiveness of, 

18 and identify best practices in selected projects. 

19 (J) How the benefits compare to the costs 

20 of the project. 

21 (K) Any other criteria relevant to reducing 

22 the number of wildlife-vehicle collisions and im23 proving habitat connectivity for terrestrial and 

24 aquatic species, as the Secretary determines to 

25 be appropriate. 


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1 (e) ELIGIBLE PROJECT COSTS.—Grant amounts for 

2 a project under this section may be used 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 (including construction of pro8 tective features), reconstruction, rehabilitation, ac9 quisition of real property (including land related to 

10 the project and improvements to the land), environ11 mental mitigation, construction contingencies, acqui12 sition of equipment, and operational improvements; 

13 and 

14 (3) planning and technical assistance activities 

15 consistent with section 5107 of title 49, United 

16 States Code, including— 

17 (A) data collection on wildlife-vehicle colli18 sions; 

19 (B) integration of State, Tribal, territorial, 

20 regional, or Federal wildlife conservation plans 

21 and data collection with transportation planning 

22 and project selection; 

23 (C) technical assistance, including work24 force development training, on reducing wildlife25 vehicle collisions and improving habitat 


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1 connectivity for terrestrial and aquatic species; 

2 and 

3 (D) education and public outreach to re4 duce wildlife-vehicle collisions. 

5 (f) PARTNERSHIPS.— 

6 (1) IN GENERAL.—A grant received under the 

7 program may be used to provide funds to an eligible 

8 partner as a subrecipient, in accordance with the 

9 terms of the project agreement and subject to the 

10 requirements of this section. 

11 (2) ELIGIBLE PARTNER DEFINED.—In this sec12 tion, the term ‘‘eligible partner’’ means— 

13 (A) an eligible entity described in sub14 section (b); 

15 (B) a metropolitan planning organization; 

16 (C) a unit of local government; 

17 (D) a regional transportation authority; 

18 (E) a special purpose district or public au19 thority with a transportation function, including 

20 a port authority; 

21 (F) a non-profit entity or institution of 

22 higher education; or 

23 (G) a Federal, Tribal, regional, State, or 

24 local governmental entity not described in sub25 section (b). 


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1 (g) REQUIREMENTS.— 

2 (1) RURAL PROJECTS.—The Secretary shall re3 serve not less than 50 percent of the amounts made 

4 available under this section for projects located in a 

5 rural community. 

6 (2) RESILIENCE.—A project under this section 

7 shall be designed to ensure resilience over the antici8 pated service life of the asset. 

9 (3) LIMITATION.—The Secretary may not 

10 award more than 10 percent of the amounts made 

11 available under this section for grants that propose 

12 only activities described in subsection (e)(3). 

13 (h) NOTIFICATION.—Not later than 3 business days 

14 before awarding a grant under this section, the Secretary 

15 shall notify the Committee on Transportation and Infra16 structure of the House of Representatives and the Com17 mittee on Environment and Public Works of the Senate 

18 of the intention to award such a grant. 

19 (i) ANNUAL REPORT.— 

20 (1) IN GENERAL.—Not later than December 31 

21 of each calendar year, the Secretary shall publish, on 

22 the website of the Department of Transportation, a 

23 report describing the activities under the program 

24 for the fiscal year that ends during that calendar 

25 year. 


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1 (2) CONTENTS.—The report under paragraph 

2 (1) shall include— 

3 (A) a detailed description of the activities 

4 carried out under the program; 

5 (B) an evaluation of the effectiveness of 

6 the program in meeting the purposes described 

7 in subsection (b); and 

8 (C) policy recommendations, if any, to im9 prove the effectiveness of the program. 

10 (j) DEFINITIONS.—In this section: 

11 (1) PROTECTIVE FEATURES.—The term ‘‘pro12 tective features’’ has the meaning given such term in 

13 section 101 of title 23, United States Code. 

14 (2) RESILIENCE.—The term ‘‘resilience’’ has 

15 the meaning given that term in section 101 of title 

16 23, United States Code. 

17 (3) RURAL COMMUNITY.—The term ‘‘rural 

18 community’’ means any area of a State or territory 

19 that is not an urbanized area, as such term is de20 fined in section 101 of title 23, United States Code. 

21 (4) SECRETARY.—The term ‘‘Secretary’’ has 

22 the meaning given such term in section 101 of title 

23 23, United States Code. 


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1 (5) STATE.—The term ‘‘State’’ has the mean2 ing given such term in section 101 of title 23, 

3 United States Code. 

4 SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM. 

5 (a) ESTABLISHMENT.—The Secretary of Transpor6 tation shall establish a reconnecting neighborhoods pro7 gram under which an eligible entity may apply for funding 

8 in order to identify, remove, replace, retrofit, or remediate 

9 the effects from eligible facilities and restore or improve 

10 connectivity, mobility, and access in disadvantaged and 

11 underserved communities, including— 

12 (1) studying the feasibility and impacts of re13 moving, retrofitting, or remediating the effects on 

14 community connectivity from an existing eligible fa15 cility; 

16 (2) conducting preliminary engineering and 

17 final design activities for a project to remove, ret18 rofit, or remediate the effects on community 

19 connectivity from an existing eligible facility; 

20 (3) conducting construction activities necessary 

21 to carry out a project to remove, retrofit, or reme22 diate the effects on community connectivity from an 

23 existing eligible facility; and 

24 (4) ensuring any activities carried out under 

25 this section— 


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1 (A) focus on improvements that will ben2 efit the populations impacted by or previously 

3 displaced by the eligible facility; and 

4 (B) emphasize equity by garnering commu5 nity engagement, avoiding future displacement, 

6 and ensuring local participation in the planning 

7 process. 

8 (b) ELIGIBLE ENTITIES.— 

9 (1) IN GENERAL.—The Secretary may award a 

10 planning grant or a capital construction grant to— 

11 (A) a State; 

12 (B) a unit of local government; 

13 (C) an Indian Tribe or Tribal organization; 

14 (D) a territory; 

15 (F) a metropolitan planning organization; 

16 (G) a transit agency; 

17 (H) a special purpose district with a trans18 portation function; and 

19 (I) a group of entities described in this 

20 paragraph. 

21 (2) PARTNERSHIPS.—An eligible entity may 

22 enter into an agreement with the following entities 

23 to carry out the eligible activities under this section: 

24 (A) A nonprofit organization. 


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1 (B) An institution of higher education, as 

2 such term is defined in section 101 of the High3 er Education Act of 1965 (20 U.S.C. 1001), in4 cluding historically black colleges and univer5 sities, defined as the term ‘‘Predominantly 

6 Black institution’’ is defined in section 371(c) 

7 of the Higher Education Act of 1965 (20 

8 U.S.C. 1067q(c)). 

9 (c) PLANNING GRANTS.— 

10 (1) IN GENERAL.—The Secretary may award 

11 grants (referred to in this section as a ‘‘planning 

12 grants’’) to carry out planning activities described in 

13 paragraph (2). 

14 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The 

15 planning activities referred to in paragraph (1) 

16 are— 

17 (A) planning studies to evaluate the feasi18 bility of removing, retrofitting, or remediating 

19 an existing eligible facility to restore community 

20 connectivity, including evaluations of— 

21 (i) current traffic patterns on the eli22 gible facility proposed for removal, retrofit, 

23 or remediation and the surrounding street 

24 network; 


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1 (ii) the capacity of existing transpor2 tation networks to maintain mobility 

3 needs; 

4 (iii) an analysis of alternative roadway 

5 designs or other uses for the right-of-way 

6 of the eligible facility, including an analysis 

7 of whether the available right-of-way would 

8 suffice to create an alternative roadway de9 sign; 

10 (iv) the effect of the removal, retrofit, 

11 or remediation of the eligible facility on the 

12 mobility of freight and people; 

13 (v) the effect of the removal, retrofit, 

14 or remediation of the eligible facility on the 

15 safety of the traveling public; 

16 (vi) the cost to remove, retrofit, or re17 mediate the eligible facility— 

18 (I) to restore community 

19 connectivity; and 

20 (II) to convert the eligible facility 

21 to a roadway design or use that in22 creases safety, mobility, and access 

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1 nance or reconstruction of the eligible 

2 facility; 

3 (vii) the environmental impacts of re4 taining or reconstructing the eligible facil5 ity and the anticipated effect of the pro6 posed alternative use or roadway design; 

7 and 

8 (viii) the community impacts and eq9 uity analyses of retaining or reconstructing 

10 the eligible facility on the surrounding 

11 communities, including— 

12 (I) the demographic breakdown 

13 of the impacted community by race 

14 and socioeconomic status; and 

15 (II) the displacement or dis16 connection that occurred within the 

17 community as a result of the existing 

18 facility; 

19 (B) public engagement activities to provide 

20 opportunities for public input into a plan to re21 move, replace, retrofit, or remediate the effects 

22 from an eligible facility, including— 

23 (i) building organizational or commu24 nity capacity to, and educating community 

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1 tribute to eligible planning activities de2 scribed in subsection (c)(2); 

3 (ii) identifying community needs and 

4 desires for community improvements and 

5 developing community driven solutions in 

6 carrying out eligible planning activities de7 scribed in subsection (c)(2); 

8 (iii) conducting assessments of equity, 

9 mobility and access, environmental justice, 

10 affordability, economic opportunity, health 

11 outcomes, and other local goals to be used 

12 in carrying out eligible planning activities 

13 described in subsection (c)(2); and 

14 (iv) forming a community advisory 

15 board in accordance with subsection (d)(7); 

16 (C) other transportation planning activities 

17 required in advance of a project to remove, ret18 rofit, or remediate an existing eligible facility to 

19 restore community connectivity, as determined 

20 by the Secretary; 

21 (D) evaluating land use and zoning 

22 changes necessary to improve equity and maxi23 mize transit-oriented development in connection 

24 with project eligible for a capital construction 


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1 grant, including activities eligible under section 

2 5327 of title 49, United States Code; and 

3 (E) establishment of anti-displacement and 

4 equitable neighborhood revitalization strategies 

5 in connection with project eligible for a capital 

6 construction grant, including establishment of a 

7 community land trust for land acquisition, land 

8 banking, and equitable transit-oriented develop9 ment. 

10 (3) TECHNICAL ASSISTANCE.— 

11 (A) IN GENERAL.—The Secretary may 

12 provide technical assistance described in sub13 paragraph (B) to an eligible entity. 

14 (B) TECHNICAL ASSISTANCE DE15 SCRIBED.—The technical assistance referred to 

16 in subparagraph (A) is technical assistance in 

17 building organizational or community capac18 ity— 

19 (i) to conduct transportation planning; 

20 and 

21 (ii) to identify innovative solutions to 

22 challenges posed by existing eligible facili23 ties, including reconnecting communities 

24 that— 


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1 (I) are bifurcated by eligible fa2 cilities; or 

3 (II) lack safe, reliable, and af4 fordable transportation choices. 

5 (4) SELECTION.—The Secretary shall— 

6 (A) solicit applications for— 

7 (i) planning grants; 

8 (ii) technical assistance under para9 graph (3); and 

10 (iii) the activities would benefit popu11 lations impacted by or previously displaced 

12 by an eligible facility; and 

13 (B) evaluate applications for a planning 

14 grant on the basis of the demonstration by the 

15 applicant that— 

16 (i) the eligible facility— 

17 (I) creates barriers to mobility, 

18 access, or economic development; or 

19 (II) is not justified by current 

20 and forecast future travel demand; 

21 and 

22 (ii) on the basis of preliminary assess23 ment into the feasibility of removing, retro24 fitting, or remediating the eligible facility 

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1 crease safety, mobility, and access for all 

2 users, further planning activities are nec3 essary and likely to be productive. 

4 (5) AWARD AMOUNTS.—A planning grant may 

5 not exceed $2,000,000 for any recipient. 

6 (6) FEDERAL SHARE.—The total Federal share 

7 of the cost of a planning activity for which a plan8 ning grant is used may not exceed 80 percent. 

9 (d) CAPITAL CONSTRUCTION GRANTS.— 

10 (1) ELIGIBLE ENTITIES.—The Secretary may 

11 award grants (referred to in this section as a ‘‘cap12 ital construction grants’’) to eligible entities to carry 

13 out eligible projects described in paragraph (3). 

14 (2) PARTNERSHIPS.—In the case that the 

15 owner of an eligible facility that is the subject of the 

16 capital construction grant is not an eligible entity, 

17 an eligible entity shall demonstrate the existence of 

18 a partnership with the owner of the eligible facility. 

19 (3) ELIGIBLE PROJECTS.—A project eligible to 

20 be carried out with a capital construction grant in21 cludes the following: 

22 (A) The removal, retrofit, or remediation 

23 of the effects on community connectivity from 

24 of an eligible facility, including a project to 


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1 deck over a limited-access highway or other eli2 gible facility. 

3 (B) The replacement of an eligible facility 

4 with a new facility that— 

5 (i) restores community connectivity; 

6 (ii) employs context sensitive solutions 

7 appropriate for the surrounding commu8 nity; and 

9 (iii) is otherwise eligible for funding 

10 under title 23, United States Code. 

11 (C) Support for community partnerships, 

12 including a community advisory board described 

13 under paragraph (7), in connection with a cap14 ital construction grant awarded under this sub15 section. 

16 (D) Other activities required to remove, re17 place, retrofit, or remediate an existing eligible 

18 facility, as determined by the Secretary. 

19 (4) SELECTION.—The Secretary shall— 

20 (A) solicit applications for capital construc21 tion grants; 

22 (B) evaluate applications on the basis of— 

23 (i) the degree to which the project will 

24 improve mobility and access through the 

25 removal of barriers; 


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1 (ii) the appropriateness of removing, 

2 retrofitting, or remediating the effects on 

3 community connectivity from the eligible 

4 facility, based on current traffic patterns 

5 and the ability of the project and the re6 gional transportation network to absorb 

7 transportation demand and provide safe 

8 mobility and access; 

9 (iii) the impact of the project on 

10 freight movement; 

11 (iv) the results of a cost-benefit anal12 ysis of the project; 

13 (v) the extent to which the grantee 

14 has plans for inclusive economic develop15 ment in place, including the existing land 

16 use and whether the zoning provides for 

17 equitable and transit-oriented development 

18 of underutilized land; 

19 (vi) the degree to which the eligible 

20 facility is out of context with the current 

21 or planned land use; 

22 (vii) the results of any feasibility 

23 study completed for the project; 

24 (viii) whether the eligible facility is 

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1 construction within the 20-year period be2 ginning on the date of the submission of 

3 the application; 

4 (ix) whether the project is consistent 

5 with the relevant long-range transportation 

6 plan and included in the relevant statewide 

7 transportation improvement program; 

8 (x) whether the project is consistent 

9 with, and how the project would impact, 

10 the relevant transportation performance 

11 management targets; and 

12 (xi) the extent to which the project 

13 benefits populations impacted by or pre14 viously displaced by the eligible facility; 

15 (C) ensure that the project has conducted 

16 sufficient community engagement, such as the 

17 activities described in subsection (c)(2)(B); and 

18 (D) ensure that the jurisdiction in which 

19 the eligible facility is located has an anti-dis20 placement policy or a community land trust in 

21 place. 

22 (5) MINIMUM AWARD AMOUNTS.—A capital 

23 construction grant shall be in an amount not less 

24 than $5,000,000 for each recipient. 

25 (6) FEDERAL SHARE.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Federal share of the total cost 

3 of a project carried out using a capital con4 struction grant may not exceed 80 percent. 

5 (B) MAXIMUM FEDERAL INVOLVEMENT.— 

6 Federal assistance other than a capital con7 struction grant may be used to satisfy the non8 Federal share of the cost of a project for which 

9 the grant is awarded. 

10 (7) COMMUNITY ADVISORY BOARD.— 

11 (A) IN GENERAL.—To help achieve inclu12 sive economic development benefits with respect 

13 to the project for which a grant is awarded, a 

14 grant recipient may form a community advisory 

15 board, which, if formed, shall— 

16 (i) facilitate community engagement 

17 with respect to the project; and 

18 (ii) track progress with respect to 

19 commitments of the grant recipient to in20 clusive employment, contracting, and eco21 nomic development under the project. 

22 (B) MEMBERSHIP.—If a grant recipient 

23 forms a community advisory board under sub24 paragraph (A), the community advisory board 

25 shall be composed of representatives of— 


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1 (i) the community, including residents 

2 in the immediate vicinity of the project; 

3 (ii) owners of businesses that serve 

4 the community; 

5 (iii) labor organizations that represent 

6 workers that serve the community; 

7 (iv) State and local government; and 

8 (v) private and non-profit organiza9 tions that represent local community devel10 opment. 

11 (C) DIVERSITY.—The community advisory 

12 board shall be representative of the community 

13 served by the project. 

14 (e) PRIORITIES.—In selecting recipients of planning 

15 grants, capital construction grants, and technical assist16 ance under this section, the Secretary shall give priority 

17 to— 

18 (1) an application from a community that is 

19 economically disadvantaged, including an environ20 mental justice community, an underserved commu21 nity, or a community located in an area of persistent 

22 poverty (as such term is defined in section 101 of 

23 title 23, United States Code); and 

24 (2) an eligible entity that has— 


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1 (A) entered into a community benefits 

2 agreement with representatives of the commu3 nity or formed a community advisory board 

4 under paragraph (7) of subsection (d); 

5 (B) demonstrated a plan for employing 

6 residents in the area impacted by the activity or 

7 project through targeted hiring programs; and 

8 (C) demonstrated a plan for improving 

9 transportation system access. 

10 (f) ADMINISTRATIVE EXPENSES.—Of amounts made 

11 available to carry out this section, the Secretary may set 

12 aside not more than $5,000,000 in each fiscal year for 

13 the costs of administering the program under this section. 

14 (g) TECHNICAL ASSISTANCE.—Of amounts made 

15 available to carry out this section, the Secretary may set 

16 aside not more than $5,000,000 in each fiscal year to pro17 vide technical assistance to eligible entities under sub18 section (c)(3). 

19 (h) REPORT.—Not later than 2 years after the date 

20 of enactment of this Act, the Secretary shall submit to 

21 the Committee on Transportation and Infrastructure of 

22 the House of Representatives and the Committee on Envi23 ronment and Public Works of the Senate a report that— 

24 (1) identifies and creates an online mapping 

25 tool showing any examples of potential projects to 


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1 remove eligible facilities, and assesses the potential 

2 impacts of carrying out such projects; and 

3 (2) assesses projects funded under subsection 

4 (d) to provide best practices. 

5 (i) DEFINITIONS.—In this section: 

6 (1) ANTI-DISPLACEMENT POLICY.—The term 

7 ‘‘anti-displacement policy’’ means a policy that limits 

8 the displacement of low-income, disadvantaged, and 

9 underserved communities from neighborhoods due to 

10 new investments in housing, businesses, and infra11 structure. 

12 (2) COMMUNITY LAND TRUST.—The term 

13 ‘‘community land trust’’ means a nonprofit organiza14 tion established or with the responsibility, as appli15 cable— 

16 (A) to develop the real estate created by 

17 the removal or capping of an eligible facility; 

18 and 

19 (B) to carry out anti-displacement or com20 munity development strategies, including— 

21 (i) affordable housing preservation 

22 and development; 

23 (ii) homeownership and property im24 provement programs; 


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1 (iii) the development or rehabilitation 

2 of park space or recreation facilities; and 

3 (iv) community revitalization and eco4 nomic development projects. 

5 (3) ELIGIBLE FACILITY.— 

6 (A) IN GENERAL.—The term ‘‘eligible fa7 cility’’ means a highway or other transportation 

8 facility that creates a barrier to community 

9 connectivity, including barriers to mobility, ac10 cess, or economic development, due to high 

11 speeds, grade separations, or other design fac12 tors. 

13 (B) INCLUSIONS.—In this section, the 

14 term ‘‘eligible facility’’ may include— 

15 (i) a limited access highway; 

16 (ii) a railway; 

17 (iii) a viaduct; 

18 (iv) a principal arterial facility; or 

19 (v) any other transportation facility 

20 for which the high speeds, grade separa21 tion, or other design factors create an ob22 stacle to connectivity. 

23 SEC. 1312. APPRENTICESHIP UTILIZATION. 

24 (a) IN GENERAL.— 


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1 (1) CERTIFICATION REQUIREMENT.—To receive 

2 a grant under sections 117 and 173 of title 23, 

3 United States Code, and section 1311 of this Act, 

4 each applicant shall include in a grant application a 

5 certification that such applicant will ensure that any 

6 contractor or subcontractor utilized in carrying out 

7 activities with such grant— 

8 (A) meets or exceeds the apprenticeship 

9 employment goal; 

10 (B) to the extent practicable, employs 

11 qualified apprentices from traditionally under12 represented populations, including women and 

13 minorities, in meeting or exceeding such goal; 

14 (C) makes best efforts to meet project15 wide, annually updated participation goals set 

16 by the applicant for the percentage of total 

17 workhours that are performed by historically 

18 under-represented populations, including by 

19 women, people of color, and women of color, by 

20 trade and position; and 

21 (D) tracks ongoing progress towards the 

22 goals described in subparagraph (C). 

23 (2) EXCEPTIONS.—The Secretary may adjust 

24 the requirements of this section if the grant appli25 cant— 


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1 (A) demonstrates a lack of availability of 

2 qualified apprentices in a specific geographic 

3 area; or 

4 (B) makes a good faith effort to comply 

5 with the requirements of this section. 

6 (b) REGULATIONS.—The Secretary, in collaboration 

7 with the Secretary of Labor, as appropriate, shall have 

8 the authority to issue such regulations or other guidance, 

9 forms, instructions, and publications as may be necessary 

10 or appropriate to carry out the requirements of this sec11 tion, including reporting requirements and oversight for 

12 applicants awarded a grant. 

13 (c) REPORT TO CONGRESS.—Not later than 3 years 

14 after the date of enactment of this Act, the Secretary shall 

15 submit to the Committee on Transportation and Infra16 structure of the House of Representatives and the Com17 mittee on Environment and Public Works of the Senate 

18 a report on the utilization of qualified apprentices for 

19 projects carried out under sections 117 and 173 of title 

20 23, United States Code, and section 1311 of this Act, that 

21 includes— 

22 (1) the total number of labor hours fulfilled by 

23 qualified apprentices and historically underrep24 resented populations; 


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1 (2) the total number of qualified apprentices 

2 and historically underrepresented populations em3 ployed; 

4 (3) the total number of grant recipients that 

5 met or exceeded the apprenticeship employment and 

6 the goals for the percentage of total workhours per7 formed by historically under-represented populations 

8 under subsection (a)(1)(C); 

9 (4) best practices utilized by grant recipients 

10 that met or exceeded the apprenticeship employment 

11 goal and the goals for the percentage of total 

12 workhours performed by historically under-rep13 resented populations under subsection (a)(1)(C); and 

14 (5) a summary of agency oversight of grant re15 cipients’ fulfillment of certification terms under this 

16 section. 

17 (d) PUBLIC TRANSPARENCY.—At the end of each fis18 cal year, the Secretary shall make available on a public 

19 website information on the utilization of qualified appren20 tices in the preceding fiscal year for each grant program 

21 under sections 117 and 173 of title 23, United States 

22 Code, and section 1311 of this Act, including— 

23 (1) the total number of grant applicants that 

24 certified they would be able to meet or exceed the 


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1 apprenticeship employment goal under subsection 

2 (a); 

3 (2) the total number of grants awarded for 

4 which applicants certified they would be able to meet 

5 or exceed the apprenticeship employment goal; and 

6 (3) for each grant awarded, data on grant re7 cipients’ progress toward achieving participation 

8 goals under subsection (a)(1). 

9 (e) DEFINITIONS.—In this section: 

10 (1) APPRENTICESHIP EMPLOYMENT GOAL.— 

11 The term ‘‘apprenticeship employment goal’’ means 

12 the utilization of qualified apprentices for not less 

13 than 15 percent of the total labor hours used for 

14 construction activities for a project. 

15 (2) QUALIFIED APPRENTICE.—The term ‘‘quali16 fied apprentice’’ means an employee participating in 

17 an apprenticeship program that— 

18 (A) is registered with the Office of Appren19 ticeship of the Employment Training Adminis20 tration of the Department of Labor or a State 

21 apprenticeship agency recognized by such Office 

22 of Apprenticeship pursuant to the Act of Au23 gust 16, 1937 (29 U.S.C. 50 et seq.; commonly 

24 known as the ‘‘National Apprenticeship Act’’); 

25 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 SEC. 1313. GAO STUDY. 

7 Not later than 3 years after the date of enactment 

8 of this Act, the Comptroller General of the United States 

9 shall conduct a study to review the amount of funds made 

10 available under section 151(f) of title 23, United States 

11 Code, for the installation of electric vehicle charging sta12 tions in communities disproportionately impacted by air 

13 pollution and high rates of asthma. 

14 SEC. 1314. SENSE OF CONGRESS. 

15 It is the sense of Congress that— 

16 (1) contractors and subcontractors utilized in 

17 carrying out activities funded under title 23, United 

18 States Code, should institute respectful workplace 

19 policies and provide effective, ongoing workplace 

20 training to create safe, respectful work sites that are 

21 free from bullying, hazing, discrimination, or harass22 ment; and 

23 (2) the Department of Transportation should 

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1 partment of Labor to ensure contractors and sub2 contractors take such actions. 

3 SEC. 1315. POLLINATOR-FRIENDLY PRACTICES ON ROAD4 SIDES AND HIGHWAY RIGHTS-OF-WAY. 

5 (a) IN GENERAL.—Section 329 of title 23, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(d) POLLINATOR-FRIENDLY PRACTICES ON ROAD9 SIDES AND HIGHWAY RIGHTS-OF-WAY.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall estab11 lish a program to provide grants to eligible entities 

12 to carry out activities to benefit pollinators on road13 sides and highway rights-of-way, including the plant14 ing and seeding of native locally-appropriate grasses 

15 and wildflowers, including milkweed. 

16 ‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 

17 receive a grant under this subsection is— 

18 ‘‘(A) a State department of transportation; 

19 ‘‘(B) an Indian tribe or tribal organization; 

20 ‘‘(C) a territory; or 

21 ‘‘(D) a Federal land management agency. 

22 ‘‘(3) APPLICATION.—To be eligible to receive a 

23 grant under this section, an eligible entity shall sub24 mit to the Secretary an application at such time, in 

25 such manner, and containing such information as 


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1 the Secretary may require, including a pollinator2 friendly practices plan described in paragraph (4). 

3 ‘‘(4) POLLINATOR-FRIENDLY PRACTICES

4 PLAN.— 

5 ‘‘(A) IN GENERAL.—An eligible entity shall 

6 include in the application under paragraph (3) 

7 a plan that describes the pollinator-friendly 

8 practices that the eligible entity has imple9 mented or plans to implement, including— 

10 ‘‘(i) practices relating to mowing 

11 strategies that promote early successional 

12 vegetation and limit disturbance during pe13 riods of highest use by target pollinator 

14 species on roadsides and highway rights-of15 way, such as— 

16 ‘‘(I) reducing the mowing swath 

17 outside of the State-designated safety 

18 zone; 

19 ‘‘(II) increasing the mowing 

20 height; 

21 ‘‘(III) reducing the mowing fre22 quency; 

23 ‘‘(IV) refraining from mowing 

24 monarch and other pollinator habitat 


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1 during periods in which monarchs or 

2 other pollinators are present; 

3 ‘‘(V) use of a flushing bar and 

4 cutting at reduced speeds to reduce 

5 pollinator deaths due to mowing; or 

6 ‘‘(VI) reducing raking along 

7 roadsides and highway rights-of-way; 

8 ‘‘(ii) implementation of an integrated 

9 vegetation management plan that includes 

10 approaches such as mechanical tree and 

11 brush removal, targeted and judicious use 

12 of herbicides, and mowing, to address weed 

13 issues on roadsides and highway rights-of14 way; 

15 ‘‘(iii) planting or seeding of native, lo16 cally-appropriate grasses and wildflowers, 

17 including milkweed, on roadsides and high18 way rights-of-way to enhance pollinator 

19 habitat, including larval host plants; 

20 ‘‘(iv) removing nonnative grasses from 

21 planting and seeding mixes, except for use 

22 as nurse or cover crops; 

23 ‘‘(v) obtaining expert training or as24 sistance on pollinator-friendly practices, in25 cluding— 


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1 ‘‘(I) native plant identification; 

2 ‘‘(II) establishment and manage3 ment of locally-appropriate or native 

4 plants that benefit pollinators; 

5 ‘‘(III) land management practices 

6 that benefit pollinators; and 

7 ‘‘(IV) pollinator-focused inte8 grated vegetation management; or 

9 ‘‘(vi) any other pollinator-friendly or 

10 vegetation management practices the Sec11 retary determines to be appropriate. 

12 ‘‘(B) CONSIDERATION.—In developing the 

13 plan under subparagraph (A), the eligible entity 

14 shall consider other vegetation management 

15 best management practices established by the 

16 Secretary, including— 

17 ‘‘(i) fuel breaks for the prevention and 

18 control of wildfires; 

19 ‘‘(ii) abating stormwater runoff and 

20 stabilizing soil; 

21 ‘‘(iii) habitat for forage for native 

22 fauna; and 

23 ‘‘(iv) the economy of maintenance of 

24 the right-of-way. 


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1 ‘‘(C) COORDINATION.—In developing a 

2 plan under subparagraph (A), an eligible entity 

3 that is a State department of transportation or 

4 a Federal land management agency shall co5 ordinate with applicable State agencies, includ6 ing State agencies with jurisdiction over agri7 culture and fish and wildlife. 

8 ‘‘(D) CONSULTATION.—In developing a 

9 plan under subparagraph (A)— 

10 ‘‘(i) an eligible entity that is a State 

11 department of transportation or a Federal 

12 land management agency shall consult with 

13 any affected Indian tribes or tribal organi14 zations; and 

15 ‘‘(ii) any eligible entity may consult 

16 with nonprofit organizations, institutions 

17 of higher education, units of local govern18 ment, or any other relevant entities. 

19 ‘‘(5) AWARD OF GRANTS.— 

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

21 provide a grant to each eligible entity that sub22 mits an application under paragraph (3), in23 cluding a plan under paragraph (4), that the 

24 Secretary determines to be satisfactory. 


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1 ‘‘(B) AMOUNT OF GRANTS.—The amount 

2 of each grant provided under this subsection 

3 may not exceed $150,000. 

4 ‘‘(6) USE OF FUNDS.—An eligible entity that 

5 receives a grant under this subsection shall use the 

6 funds for the implementation, improvement, or fur7 ther development of the plan under paragraph (4). 

8 ‘‘(7) FEDERAL SHARE.—The Federal share of 

9 the cost of an activity carried out with a grant under 

10 this subsection shall be up to 80 percent. 

11 ‘‘(8) TECHNICAL ASSISTANCE.—On request of 

12 an eligible entity that receives a grant under this 

13 subsection, the Secretary may provide technical as14 sistance with the implementation, improvement, or 

15 further development of a plan under paragraph (4). 

16 ‘‘(9) ADMINISTRATIVE COSTS.—For each fiscal 

17 year, the Secretary may use not more than 5 percent 

18 of the amounts made available to carry out this sub19 section for the administrative costs of carrying out 

20 this subsection. 

21 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

22 ‘‘(A) IN GENERAL.—There is authorized to 

23 be appropriated from the general fund of the 

24 Treasury to carry out this subsection 


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1 $2,000,000 for each of fiscal years 2023 

2 through 2026. 

3 ‘‘(B) AVAILABILITY.—Amounts made 

4 available under this subsection shall remain 

5 available as described under section 118(b). 

6 ‘‘(e) BEST PRACTICES AND GUIDANCE.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of the INVEST in America 

9 Act, and periodically thereafter, the Secretary shall 

10 develop or update best practices for, and a priority 

11 ranking of, pollinator-friendly practices on roadsides 

12 and highway rights-of-way. 

13 ‘‘(2) GUIDANCE.—The Secretary shall provide 

14 guidance on sources of funds made available under 

15 this title that are eligible for activities described 

16 under this section, including any best management 

17 practices identified under paragraph (1) that are eli18 gible for funding under this title.’’. 

19 (b) REPORT.—Not later than 2 years after the date 

20 on which the first grant is provided under section 329(d) 

21 of title 23, United States Code, as added by this Act, the 

22 Secretary shall publish a report on the implementation of 

23 the program under such section. 


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1 Subtitle D—Planning, Performance 

2 Management, and Asset Man3 agement 

4 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 

5 Section 134 of title 23, United States Code, is 

6 amended— 

7 (1) in subsection (a) by striking ‘‘resiliency 

8 needs while minimizing transportation-related fuel 

9 consumption and air pollution’’ and inserting ‘‘resil10 ience and climate change adaptation needs while re11 ducing transportation-related fuel consumption, air 

12 pollution, and greenhouse gas emissions’’; 

13 (2) in subsection (b)— 

14 (A) by redesignating paragraphs (6) and 

15 (7) as paragraphs (7) and (8), respectively; and 

16 (B) by inserting after paragraph (5) the 

17 following: 

18 ‘‘(6) STIP.—The term ‘STIP’ means a state19 wide transportation improvement program developed 

20 by a State under section 135(g).’’; 

21 (3) in subsection (c)— 

22 (A) in paragraph (1) by striking ‘‘and 

23 transportation improvement programs’’ and in24 serting ‘‘and TIPs’’; and 

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


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1 ‘‘(4) CONSIDERATION.—In developing the plans 

2 and TIPs, metropolitan planning organizations shall 

3 consider direct and indirect emissions of greenhouse 

4 gases.’’; 

5 (4) in subsection (d)— 

6 (A) in paragraph (2) by striking ‘‘Not 

7 later than 2 years after the date of enactment 

8 of MAP–21, each’’ and inserting ‘‘Each’’; 

9 (B) in paragraph (3) by adding at the end 

10 the following: 

11 ‘‘(D) EQUITABLE AND PROPORTIONAL

12 REPRESENTATION.— 

13 ‘‘(i) IN GENERAL.—For officials or 

14 representatives under paragraph (2), the 

15 metropolitan planning organization shall 

16 ensure the equitable and proportional rep17 resentation of the population of the metro18 politan planning area. 

19 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

20 this paragraph shall require a metropolitan 

21 planning organization in existence on the 

22 date of enactment of this subparagraph to 

23 be restructured. 

24 ‘‘(iii) REDESIGNATION.—Notwith25 standing clause (ii), the requirements of 


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1 this paragraph shall apply to any metro2 politan planning organization redesignated 

3 under paragraph (6).’’; 

4 (C) in paragraph (6)(B) by striking ‘‘para5 graph (2)’’ and inserting ‘‘paragraph (2) or 

6 (3)(D)’’; and 

7 (D) in paragraph (7)— 

8 (i) by striking ‘‘an existing metropoli9 tan planning area’’ and inserting ‘‘an ur10 banized area’’; and 

11 (ii) by striking ‘‘the existing metro12 politan planning area’’ and inserting ‘‘the 

13 area’’; 

14 (5) in subsection (g)— 

15 (A) in paragraph (1) by striking ‘‘a metro16 politan area’’ and inserting ‘‘an urbanized 

17 area’’; 

18 (B) in paragraph (2) by striking ‘‘MPOS’’ 

19 and inserting ‘‘METROPOLITAN PLANNING

20 AREAS’’; 

21 (C) in paragraph (3)(A) by inserting 

22 ‘‘emergency response and evacuation, climate 

23 change adaptation and resilience,’’ after ‘‘dis24 aster risk reduction,’’; and 

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


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1 ‘‘(4) COORDINATION BETWEEN MPOS.— 

2 ‘‘(A) IN GENERAL.—If more than one met3 ropolitan planning organization is designated 

4 within an urbanized area under subsection 

5 (d)(7), the metropolitan planning organizations 

6 designated within the area shall ensure, to the 

7 maximum extent practicable, the consistency of 

8 any data used in the planning process, includ9 ing information used in forecasting transpor10 tation demand. 

11 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

12 paragraph requires metropolitan planning orga13 nizations designated within a single urbanized 

14 area to jointly develop planning documents, in15 cluding a unified long-range transportation plan 

16 or unified TIP.’’; 

17 (6) in subsection (h)(1)— 

18 (A) by striking subparagraph (E) and in19 serting the following: 

20 ‘‘(E) protect and enhance the environment, 

21 promote energy conservation, reduce greenhouse 

22 gas emissions, improve the quality of life and 

23 public health, and promote consistency between 

24 transportation improvements and State and 

25 local planned growth and economic development 


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1 patterns, including housing and land use pat2 terns;’’; 

3 (B) in subparagraph (I)— 

4 (i) by inserting ‘‘, sea level rise, ex5 treme weather, and climate change’’ after 

6 ‘‘stormwater’’; and 

7 (ii) by striking ‘‘and’’ at the end; 

8 (C) by redesignating subparagraph (J) as 

9 subparagraph (M); and 

10 (D) by inserting after subparagraph (I) the 

11 following: 

12 ‘‘(J) support emergency management, re13 sponse, and evacuation and hazard mitigation; 

14 ‘‘(K) improve the level of transportation 

15 system access; 

16 ‘‘(L) support inclusive zoning policies and 

17 land use planning practices that incentivize af18 fordable, elastic, and diverse housing supply, fa19 cilitate long-term economic growth by improving 

20 the accessibility of housing to jobs, and prevent 

21 high housing costs from displacing economically 

22 disadvantaged households; and’’; 

23 (7) in subsection (h)(2) by striking subpara24 graph (A) and inserting the following: 


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1 ‘‘(A) IN GENERAL.—Through the use of a 

2 performance-based approach, transportation in3 vestment decisions made as a part of the metro4 politan transportation planning process shall 

5 support the national goals described in section 

6 150(b), the achievement of metropolitan and 

7 statewide targets established under section 

8 150(d), the improvement of transportation sys9 tem access (consistent with section 150(f)), and 

10 the general purposes described in section 5301 

11 of title 49.’’; 

12 (8) in subsection (i)— 

13 (A) in paragraph (2)(D)(i) by inserting 

14 ‘‘reduce greenhouse gas emissions and’’ before 

15 ‘‘restore and maintain’’; 

16 (B) in paragraph (2)(G) by inserting ‘‘and 

17 climate change’’ after ‘‘infrastructure to natural 

18 disasters’’; 

19 (C) in paragraph (2)(H) by inserting 

20 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 

21 (D) in paragraph (5)— 

22 (i) in subparagraph (A) by inserting 

23 ‘‘air quality, public health, housing, trans24 portation, resilience, hazard mitigation, 


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1 emergency management,’’ after ‘‘conserva2 tion,’’; and 

3 (ii) by striking subparagraph (B) and 

4 inserting the following: 

5 ‘‘(B) ISSUES.—The consultation shall in6 volve, as appropriate, comparison of transpor7 tation plans to other relevant plans, including, 

8 if available— 

9 ‘‘(i) State conservation plans or maps; 

10 and 

11 ‘‘(ii) inventories of natural or historic 

12 resources.’’; and 

13 (E) by amending paragraph (6)(C) to read 

14 as follows: 

15 ‘‘(C) METHODS.— 

16 ‘‘(i) IN GENERAL.—In carrying out 

17 subparagraph (A), the metropolitan plan18 ning organization shall, to the maximum 

19 extent practicable— 

20 ‘‘(I) hold any public meetings at 

21 convenient and accessible locations 

22 and times; 

23 ‘‘(II) employ visualization tech24 niques to describe plans; and 


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1 ‘‘(III) make public information 

2 available in electronically accessible 

3 format and means, such as the inter4 net, as appropriate to afford reason5 able opportunity for consideration of 

6 public information under subpara7 graph (A). 

8 ‘‘(ii) ADDITIONAL METHODS.—In ad9 dition to the methods described in clause 

10 (i), in carrying out subparagraph (A), the 

11 metropolitan planning organization shall, 

12 to the maximum extent practicable— 

13 ‘‘(I) use virtual public involve14 ment, social media, and other web15 based tools to encourage public par16 ticipation and solicit public feedback; 

17 and 

18 ‘‘(II) use other methods, as ap19 propriate, to further encourage public 

20 participation of historically underrep21 resented individuals in the transpor22 tation planning process.’’; 

23 (9) in subsection (j) by striking ‘‘transportation 

24 improvement program’’ and inserting ‘‘TIP’’ each 

25 place it appears; and 


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1 (10) by striking ‘‘Federally’’ each place it ap2 pears and inserting ‘‘federally’’. 

3 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS4 PORTATION PLANNING. 

5 Section 135 of title 23, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1) by striking ‘‘state9 wide transportation improvement program’’ and 

10 inserting ‘‘STIP’’; 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘The statewide trans13 portation plan and the’’ and inserting the 

14 following: 

15 ‘‘(A) IN GENERAL.—The statewide trans16 portation plan and the’’; 

17 (ii) by striking ‘‘transportation im18 provement program’’ and inserting 

19 ‘‘STIP’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(B) CONSIDERATION.—In developing the 

23 statewide transportation plans and STIPs, 

24 States shall consider direct and indirect emis25 sions of greenhouse gases.’’; and 


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1 (C) in paragraph (3) by striking ‘‘trans2 portation improvement program’’ and inserting 

3 ‘‘STIP’’; 

4 (2) in subsection (d)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (E)— 

7 (I) by inserting ‘‘reduce green8 house gas emissions,’’ after ‘‘promote 

9 energy conservation,’’; 

10 (II) by inserting ‘‘and public 

11 health’’ after ‘‘improve the quality of 

12 life’’; and 

13 (III) by inserting ‘‘, including 

14 housing and land use patterns’’ after 

15 ‘‘economic development patterns’’; 

16 (ii) in subparagraph (I)— 

17 (I) by inserting ‘‘, sea level rise, 

18 extreme weather, and climate change’’ 

19 after ‘‘mitigate stormwater’’; and 

20 (II) by striking ‘‘and’’ after the 

21 semicolon; 

22 (iii) by redesignating subparagraph 

23 (J) as subparagraph (M); and 

24 (iv) by inserting after subparagraph 

25 (I) the following: 


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1 ‘‘(J) facilitate emergency management, re2 sponse, and evacuation and hazard mitigation; 

3 ‘‘(K) improve the level of transportation 

4 system access; 

5 ‘‘(L) support inclusive zoning policies and 

6 land use planning practices that incentivize af7 fordable, elastic, and diverse housing supply, fa8 cilitate long-term economic growth by improving 

9 the accessibility of housing to jobs, and prevent 

10 high housing costs from displacing economically 

11 disadvantaged households; and’’; 

12 (B) in paragraph (2)— 

13 (i) by striking subparagraph (A) and 

14 inserting the following: 

15 ‘‘(A) IN GENERAL.—Through the use of a 

16 performance-based approach, transportation in17 vestment decisions made as a part of the state18 wide transportation planning process shall sup19 port— 

20 ‘‘(i) the national goals described in 

21 section 150(b); 

22 ‘‘(ii) the consideration of transpor23 tation system access (consistent with sec24 tion 150(f)); 


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1 ‘‘(iii) the achievement of statewide 

2 targets established under section 150(d); 

3 and 

4 ‘‘(iv) the general purposes described 

5 in section 5301 of title 49.’’; and 

6 (ii) in subparagraph (D) by striking 

7 ‘‘statewide transportation improvement 

8 program’’ and inserting ‘‘STIP’’; and 

9 (C) in paragraph (3) by striking ‘‘state10 wide transportation improvement program’’ and 

11 inserting ‘‘STIP’’; 

12 (3) in subsection (e)(3) by striking ‘‘transpor13 tation improvement program’’ and inserting 

14 ‘‘STIP’’; 

15 (4) in subsection (f)— 

16 (A) in paragraph (2)(D)— 

17 (i) in clause (i) by inserting ‘‘air qual18 ity, public health, housing, transportation, 

19 resilience, hazard mitigation, emergency 

20 management,’’ after ‘‘conservation,’’; and 

21 (ii) by amending clause (ii) to read as 

22 follows: 

23 ‘‘(ii) COMPARISON AND CONSIDER24 ATION.—Consultation under clause (i) 

25 shall involve the comparison of transporVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tation plans to other relevant plans and in2 ventories, including, if available— 

3 ‘‘(I) State and tribal conservation 

4 plans or maps; and 

5 ‘‘(II) inventories of natural or 

6 historic resources.’’; 

7 (B) in paragraph (3)(B)— 

8 (i) by striking ‘‘In carrying out’’ and 

9 inserting the following: 

10 ‘‘(i) IN GENERAL.—In carrying out’’; 

11 (ii) by redesignating clauses (i) 

12 through (iv) as subclauses (I) through 

13 (IV), respectively; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(ii) ADDITIONAL METHODS.—In ad17 dition to the methods described in clause 

18 (i), in carrying out subparagraph (A), the 

19 State shall, to the maximum extent prac20 ticable— 

21 ‘‘(I) use virtual public involve22 ment, social media, and other web23 based tools to encourage public par24 ticipation and solicit public feedback; 

25 and 


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1 ‘‘(II) use other methods, as ap2 propriate, to further encourage public 

3 participation of historically underrep4 resented individuals in the transpor5 tation planning process.’’; 

6 (C) in paragraph (4)(A) by inserting ‘‘re7 duce greenhouse gas emissions and’’ after ‘‘po8 tential to’’; and 

9 (D) in paragraph (8) by inserting ‘‘green10 house gas emissions,’’ after ‘‘pollution,’’; 

11 (5) in subsection (g)— 

12 (A) in paragraph (1)(A) by striking ‘‘state13 wide transportation improvement program’’ and 

14 inserting ‘‘STIP’’; 

15 (B) in paragraph (3) by striking ‘‘opera16 tors),,’’ and inserting ‘‘operators),’’; 

17 (C) in paragraph (4) by striking ‘‘state18 wide transportation improvement program’’ and 

19 inserting ‘‘STIP’’ each place it appears; 

20 (D) in paragraph (5)— 

21 (i) in subparagraph (A) by striking 

22 ‘‘transportation improvement program’’ 

23 and inserting ‘‘STIP’’; 


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1 (ii) in subparagraph (B)(ii) by strik2 ing ‘‘metropolitan transportation improve3 ment program’’ and inserting ‘‘TIP’’; 

4 (iii) in subparagraph (C) by striking 

5 ‘‘transportation improvement program’’ 

6 and inserting ‘‘STIP’’ each place it ap7 pears; 

8 (iv) in subparagraph (E) by striking 

9 ‘‘transportation improvement program’’ 

10 and inserting ‘‘STIP’’; 

11 (v) in subparagraph (F)(i) by striking 

12 ‘‘transportation improvement program’’ 

13 and inserting ‘‘STIP’’ each place it ap14 pears; 

15 (vi) in subparagraph (G)(ii) by strik16 ing ‘‘transportation improvement program’’ 

17 and inserting ‘‘STIP’’; and 

18 (vii) in subparagraph (H) by striking 

19 ‘‘transportation improvement program’’ 

20 and inserting ‘‘STIP’’; 

21 (E) in paragraph (6)— 

22 (i) in subparagraph (A)— 

23 (I) by striking ‘‘transportation 

24 improvement program’’ and inserting 

25 ‘‘STIP’’; and 


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1 (II) by striking ‘‘and projects 

2 carried out under the bridge program 

3 or the Interstate maintenance pro4 gram’’; and 

5 (ii) in subparagraph (B)— 

6 (I) by striking ‘‘or under the 

7 bridge program or the Interstate 

8 maintenance program’’; 

9 (II) by striking ‘‘5310, 5311, 

10 5316, and 5317’’ and inserting ‘‘5310 

11 and 5311’’; and 

12 (III) by striking ‘‘statewide 

13 transportation improvement program’’ 

14 and inserting ‘‘STIP’’; 

15 (F) in paragraph (7)— 

16 (i) in the heading by striking ‘‘TRANS17 PORTATION IMPROVEMENT PROGRAM’’ and 

18 inserting ‘‘STIP’’; and 

19 (ii) by striking ‘‘transportation im20 provement program’’ and inserting 

21 ‘‘STIP’’; 

22 (G) in paragraph (8) by striking ‘‘state23 wide transportation plans and programs’’ and 

24 inserting ‘‘statewide transportation plans and 

25 STIPs’’; and 


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1 (H) in paragraph (9) by striking ‘‘trans2 portation improvement program’’ and inserting 

3 ‘‘STIP’’; 

4 (6) in subsection (h)(2)(A) by striking ‘‘Not 

5 later than 5 years after the date of enactment of the 

6 MAP–21,’’ and inserting ‘‘Not less frequently than 

7 once every 4 years,’’; 

8 (7) in subsection (k) by striking ‘‘transportation 

9 improvement program’’ and inserting ‘‘STIP’’ each 

10 place it appears; and 

11 (8) in subsection (m) by striking ‘‘transpor12 tation improvement programs’’ and inserting 

13 ‘‘STIPs’’. 

14 SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE15 MENT MEASURES. 

16 (a) IN GENERAL.—Section 150 of title 23, United 

17 States Code, is amended— 

18 (1) in subsection (b)— 

19 (A) in paragraph (1) by inserting ‘‘or 

20 elimination’’ after ‘‘significant reduction’’; 

21 (B) by redesignating paragraph (7) as 

22 paragraph (8); and 

23 (C) by inserting after paragraph (6) the 

24 following: 


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1 ‘‘(7) COMBATING CLIMATE CHANGE.—To re2 duce carbon dioxide and other greenhouse gas emis3 sions and reduce the climate impacts of the trans4 portation system.’’; 

5 (2) in subsection (c)— 

6 (A) in paragraph (1) by striking ‘‘Not 

7 later than 18 months after the date of enact8 ment of the MAP–21, the Secretary’’ and in9 serting ‘‘The Secretary’’; and 

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

11 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec12 retary shall establish, in consultation with the Ad13 ministrator of the Environmental Protection Agency, 

14 measures for States to use to assess— 

15 ‘‘(A) carbon dioxide emissions per capita 

16 on public roads; 

17 ‘‘(B) carbon dioxide emissions using dif18 ferent parameters than described in subpara19 graph (A) that the Secretary determines to be 

20 appropriate; and 

21 ‘‘(C) any other greenhouse gas emissions 

22 on public roads that the Secretary determines 

23 to be appropriate.’’; 

24 (3) in subsection (d)— 

25 (A) in paragraph (1)— 


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1 (i) by striking ‘‘Not later than 1 year 

2 after the Secretary has promulgated the 

3 final rulemaking under subsection (c), 

4 each’’ and inserting ‘‘Each’’; and 

5 (ii) by striking ‘‘and (6)’’ and insert6 ing ‘‘(6), and (7)’’; and 

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

8 ‘‘(3) REGRESSIVE TARGETS.— 

9 ‘‘(A) IN GENERAL.—A State may not es10 tablish a regressive target for the measures de11 scribed under paragraph (4) or paragraph (7) 

12 of subsection (c). 

13 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 

14 this paragraph, the term ‘regressive target’ 

15 means a target that fails to demonstrate con16 stant or improved performance for a particular 

17 measure.’’; 

18 (4) in subsection (e)— 

19 (A) by striking ‘‘Not later than 4 years 

20 after the date of enactment of the MAP–21 and 

21 biennially thereafter, a’’ and inserting ‘‘A’’; and 

22 (B) by inserting ‘‘biennial’’ after ‘‘the Sec23 retary a’’; and 

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

25 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish measures for States and metropolitan planning 

3 organizations to use to assess the level of safe, reli4 able, and convenient transportation system access 

5 to— 

6 ‘‘(A) employment; and 

7 ‘‘(B) services. 

8 ‘‘(2) CONSIDERATIONS.—The measures estab9 lished pursuant to paragraph (1) shall include the 

10 ability for States and metropolitan planning organi11 zations to assess— 

12 ‘‘(A) the change in the level of transpor13 tation system access for various modes of trav14 el, including connection to other modes of 

15 transportation, that would result from new 

16 transportation investments; 

17 ‘‘(B) the level of transportation system ac18 cess for economically disadvantaged commu19 nities, including to affordable housing; and 

20 ‘‘(C) the extent to which transportation ac21 cess is impacted by zoning policies and land use 

22 planning practices that effect the affordability, 

23 elasticity, and diversity of the housing supply. 

24 ‘‘(3) DEFINITION OF SERVICES.—In this sub25 section, the term ‘services’ includes healthcare faciliVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 ties, child care, education and workforce training, 

2 food sources, banking and other financial institu3 tions, and other retail shopping establishments.’’. 

4 (b) METROPOLITAN TRANSPORTATION PLANNING; 

5 TITLE 23.—Section 134 of title 23, United States Code, 

6 is further amended— 

7 (1) in subsection (j)(2)(D)— 

8 (A) by striking ‘‘PERFORMANCE TARGET

9 ACHIEVEMENT’’ in the heading and inserting 

10 ‘‘PERFORMANCE MANAGEMENT’’; 

11 (B) by striking ‘‘The TIP’’ and inserting 

12 the following: 

13 ‘‘(i) IN GENERAL.—The TIP’’; and 

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

15 ‘‘(ii) TRANSPORTATION MANAGEMENT

16 AREAS.—For metropolitan planning areas 

17 that represent an urbanized area des18 ignated as a transportation management 

19 area under subsection (k), the TIP shall 

20 include— 

21 ‘‘(I) a discussion of the antici22 pated effect of the TIP toward achiev23 ing the performance targets estab24 lished in the metropolitan transporVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tation plan, linking investment prior2 ities to such performance targets; and 

3 ‘‘(II) a description of how the an4 ticipated effect of the TIP would im5 prove the overall level of transpor6 tation system access, consistent with 

7 section 150(f).’’; 

8 (2) in subsection (k)— 

9 (A) in paragraph (3)(A)— 

10 (i) by striking ‘‘shall address conges11 tion management’’ and inserting the fol12 lowing: ‘‘shall address— 

13 ‘‘(i) congestion management’’; 

14 (ii) by striking the period at the end 

15 and inserting ‘‘; and’’; and 

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

18 ‘‘(ii) the overall level of transportation 

19 system access for various modes of travel 

20 within the metropolitan planning area, in21 cluding the level of access for economically 

22 disadvantaged communities, consistent 

23 with section 150(f), that is based on a co24 operatively developed and implemented 

25 metropolitan-wide strategy, assessing both 


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1 new and existing transportation facilities 

2 eligible for funding under this title and 

3 chapter 53 of title 49.’’; and 

4 (B) in paragraph (5)(B)— 

5 (i) in clause (i) by striking ‘‘; and’’ 

6 and inserting a semicolon; 

7 (ii) in clause (ii) by striking the pe8 riod and inserting ‘‘; and’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(iii) the TIP approved under clause 

12 (ii) makes progress towards improving the 

13 level of transportation system access, con14 sistent with section 150(f).’’; and 

15 (3) in subsection (l)(2)— 

16 (A) by striking ‘‘5 years after the date of 

17 enactment of the MAP–21’’ and inserting ‘‘2 

18 years after the date of enactment of the IN19 VEST in America Act, and every 2 years there20 after’’; 

21 (B) in subparagraph (C) by striking ‘‘and 

22 whether metropolitan planning organizations 

23 are developing meaningful performance targets; 

24 and’’ and inserting a semicolon; and 


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1 (C) by striking subparagraph (D) and in2 serting the following: 

3 ‘‘(D) a listing of all metropolitan planning 

4 organizations that are establishing performance 

5 targets and whether such performance targets 

6 established by the metropolitan planning orga7 nization are meaningful or regressive (as de8 fined in section 150(d)(3)(B)); and 

9 ‘‘(E) the progress of implementing the 

10 measure established under section 150(f).’’. 

11 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR12 TATION PLANNING; TITLE 23.—Section 135(g)(4) of title 

13 23, United States Code, is further amended— 

14 (1) by striking ‘‘PERFORMANCE TARGET

15 ACHIEVEMENT’’ in the heading and inserting ‘‘PER16 FORMANCE MANAGEMENT’’; 

17 (2) by striking ‘‘shall include, to the maximum 

18 extent practicable, a discussion’’ and inserting the 

19 following: ‘‘shall include— 

20 ‘‘(A) a discussion’’; 

21 (3) by striking the period at the end and insert22 ing ‘‘; and’’; and 

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

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1 portation system access, consistent with section 

2 150(f).’’. 

3 (d) METROPOLITAN TRANSPORTATION PLANNING; 

4 TITLE 49.—Section 5303 of title 49, United States Code, 

5 is amended— 

6 (1) in subsection (j)(2)(D)— 

7 (A) by striking ‘‘PERFORMANCE TARGET

8 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE

9 MANAGEMENT’’; 

10 (B) by striking ‘‘The transportation im11 provement plan’’ and inserting the following: 

12 ‘‘(i) IN GENERAL.—The TIP’’; and 

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

14 ‘‘(ii) TRANSPORTATION MANAGEMENT

15 AREAS.—For metropolitan planning areas 

16 that represent an urbanized area des17 ignated as a transportation management 

18 area under subsection (k), the TIP shall 

19 include— 

20 ‘‘(I) a discussion of the antici21 pated effect of the TIP toward achiev22 ing the performance targets estab23 lished in the metropolitan transpor24 tation plan, linking investment prior25 ities to such performance targets; and 


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1 ‘‘(II) a description of how the an2 ticipated effect of the TIP would im3 prove the overall level of transpor4 tation system access, consistent with 

5 section 150(f) of title 23.’’; 

6 (2) in subsection (k)— 

7 (A) in paragraph (3)(A)— 

8 (i) by striking ‘‘shall address conges9 tion management’’ and inserting the fol10 lowing: ‘‘shall address— 

11 ‘‘(i) congestion management’’; 

12 (ii) by striking the period at the end 

13 and inserting ‘‘; and’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(ii) the overall level of transportation 

17 system access for various modes of travel 

18 within the metropolitan planning area, in19 cluding the level of access for economically 

20 disadvantaged communities, consistent 

21 with section 150(f) of title 23, that is 

22 based on a cooperatively developed and im23 plemented metropolitan-wide strategy, as24 sessing both new and existing transporVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tation facilities eligible for funding under 

2 this chapter and title 23.’’; and 

3 (B) in paragraph (5)(B)— 

4 (i) in clause (i) by striking ‘‘; and’’ 

5 and inserting a semicolon; 

6 (ii) in clause (ii) by striking the pe7 riod and inserting ‘‘; and’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(iii) the TIP approved under clause 

11 (ii) makes progress towards improving the 

12 level of transportation system access, con13 sistent with section 150(f) of title 23.’’; 

14 and 

15 (3) in subsection (l)(2)— 

16 (A) by striking ‘‘5 years after the date of 

17 enactment of the Federal Public Transportation 

18 Act of 2012’’ and inserting ‘‘2 years after the 

19 date of enactment of the INVEST in America 

20 Act, and every 2 years thereafter,’’; 

21 (B) in subparagraph (C) by striking ‘‘and 

22 whether metropolitan planning organizations 

23 are developing meaningful performance targets; 

24 and’’ and inserting a semicolon; and 


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1 (C) by striking subparagraph (D) and in2 serting the following: 

3 ‘‘(D) a listing of all metropolitan planning 

4 organizations that are establishing performance 

5 targets and whether such performance targets 

6 established by the metropolitan planning orga7 nization are meaningful or regressive (as de8 fined in section 150(d)(3)(B) of title 23); and 

9 ‘‘(E) the progress of implementing the 

10 measure established under section 150(f) of 

11 title 23.’’. 

12 (e) STATEWIDE AND NONMETROPOLITAN TRANSPOR13 TATION PLANNING; TITLE 49.—Section 5304(g)(4) of 

14 title 49, United States Code, is amended— 

15 (1) by striking ‘‘PERFORMANCE TARGET

16 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN17 AGEMENT’’; 

18 (2) by striking ‘‘shall include, to the maximum 

19 extent practicable, a discussion’’ and inserting the 

20 following: ‘‘shall include— 

21 ‘‘(A) a discussion’’; 

22 (3) by striking the period at the end and insert23 ing ‘‘; and’’; 


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1 (4) by striking ‘‘statewide transportation im2 provement program’’ and inserting ‘‘STIP’’ each 

3 place it appears; and 

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

5 ‘‘(B) a consideration of the anticipated ef6 fect of the STIP on the overall level of trans7 portation system access, consistent with section 

8 150(f) of title 23.’’. 

9 (f) SAVINGS CLAUSE.— 

10 (1) REGRESSIVE TARGETS.—The prohibition in 

11 the amendment made by subsection (a)(3)(B) shall 

12 apply to States beginning on the date that is 1 year 

13 before the subsequent State target and reporting 

14 deadlines related to safety performance management 

15 established pursuant to section 150 of title 23, 

16 United States Code. 

17 (2) ACCESS PLANNING REQUIREMENTS.—The 

18 requirements in the amendments made by sub19 sections (b), (c), (d), and (e) shall apply beginning 

20 on the date on which the requirements for the meas21 ure described in section 150(f) of title 23, United 

22 States Code, take effect. 

23 (g) DEVELOPMENT OF GREENHOUSE GAS MEAS24 URE.—Not later than 1 year after the date of enactment 

25 of this Act, the Secretary of Transportation shall issue 


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1 such regulations as are necessary to carry out paragraph 

2 (7) of section 150(c) of title 23, United States Code, as 

3 added by this Act. 

4 (h) DEVELOPMENT OF TRANSPORTATION SYSTEM

5 ACCESS MEASURE.— 

6 (1) ESTABLISHMENT.—Not later than 120 days 

7 after the date of enactment of this Act, the Sec8 retary of Transportation shall establish a working 

9 group to assess the provisions of paragraphs (1) and 

10 (2) of section 150(f) and make recommendations re11 garding the establishment of measures for States 

12 and metropolitan planning organizations to use to 

13 assess the level of transportation system access for 

14 various modes of travel, consistent with section 

15 150(f) of title 23, United States Code. 

16 (2) MEMBERS.—The working group established 

17 pursuant to paragraph (1) shall include representa18 tives from— 

19 (A) the Department of Transportation; 

20 (B) State departments of transportation, 

21 including representatives that specialize in pe22 destrian and bicycle safety; 

23 (C) the Bureau of Transportation Statis24 tics; 


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1 (D) metropolitan planning organizations 

2 representing transportation management areas 

3 (as those terms are defined in section 134 of 

4 title 23, United States Code); 

5 (E) other metropolitan planning organiza6 tions or local governments; 

7 (F) providers of public transportation; 

8 (G) nonprofit entities related to transpor9 tation, including relevant safety groups; 

10 (H) experts in the field of transportation 

11 access data; and 

12 (I) any other stakeholders, as determined 

13 by the Secretary. 

14 (3) REPORT.— 

15 (A) SUBMISSION.—Not later than 1 year 

16 after the establishment of the working group 

17 pursuant to paragraph (1), the working group 

18 shall submit to the Secretary a report of rec19 ommendations regarding the establishment of 

20 measures for States and metropolitan planning 

21 organizations to use to assess the level of trans22 portation system access, consistent with section 

23 150(f) of title 23, United States Code. 

24 (B) PUBLICATION.—Not later than 30 

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1 ceives the report under subparagraph (A), the 

2 Secretary shall publish the report on a publicly 

3 accessible website of the Department of Trans4 portation. 

5 (4) RULEMAKING.—Not later than 2 years after 

6 the date on which the Secretary receives the report 

7 under paragraph (3), the Secretary shall issue such 

8 regulations as are necessary to implement the re9 quirements of section 150(f) of title 23, United 

10 States Code. 

11 (5) TERMINATION.—The Secretary shall termi12 nate the working group established pursuant to 

13 paragraph (1) on the date on which the regulation 

14 issued pursuant to paragraph (4) takes effect. 

15 (i) TRANSPORTATION SYSTEM ACCESS DATA.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date on which the Secretary of Transportation 

18 establishes the measure required under section 

19 150(f) of title 23, United States Code, the Secretary 

20 shall develop or procure eligible transportation sys21 tem access data sets and analytical tools and make 

22 such data sets and analytical tools available to State 

23 departments of transportation and metropolitan 

24 planning areas that represent transportation man25 agement areas. 


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1 (2) REQUIREMENTS.—An eligible transpor2 tation system access data set and analytical tool 

3 shall have the following characteristics: 

4 (A) The ability to quantify the level of 

5 safe, reliable, and convenient transportation 

6 system access to— 

7 (i) employment; 

8 (ii) services; and 

9 (iii) connections to other modes of 

10 transportation. 

11 (B) The ability to quantify transportation 

12 system access for various modes of travel, in13 cluding— 

14 (i) driving; 

15 (ii) public transportation; 

16 (iii) walking (including conveyance for 

17 persons with disabilities); and 

18 (iv) cycling (including micromobility). 

19 (C) The ability to disaggregate the level of 

20 transportation system access by various trans21 portation modes by a variety of population cat22 egories, including— 

23 (i) low-income populations; 

24 (ii) minority populations; 

25 (iii) age; 


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1 (iv) disability; and 

2 (v) geographical location. 

3 (D) The ability to assess the change in the 

4 level of transportation system access that would 

5 result from new transportation investments. 

6 (3) CONSIDERATION.—An eligible transpor7 tation system access data set and analytical tool 

8 shall take into consideration safe and connected net9 works for walking, cycling, and persons with disabil10 ities. 

11 (j) DEFINITIONS.—In this section: 

12 (1) TRANSPORTATION SYSTEM ACCESS.—The 

13 term ‘‘transportation system access’’ has the mean14 ing given such term in section 101 of title 23, 

15 United States Code. 

16 (2) SERVICES.—The term ‘‘services’’ has the 

17 meaning given such term in section 150(f) of title 

18 23, United States Code. 

19 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD20 ELING STUDY. 

21 (a) STUDY.— 

22 (1) IN GENERAL.—The Secretary of Transpor23 tation shall conduct a study on transportation de24 mand data and modeling, including transportation 

25 demand forecasting, and make recommendations for 


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1 developing and utilizing transportation and traffic 

2 demand models with a demonstrated record of accu3 racy. 

4 (2) CONTENTS.—In carrying out the study 

5 under this section, the Secretary shall— 

6 (A) collect observed transportation demand 

7 data and transportation demand forecasts from 

8 States and metropolitan planning organizations, 

9 including data and forecasts on— 

10 (i) traffic counts; 

11 (ii) transportation mode share and 

12 public transportation ridership; 

13 (iii) vehicle occupancy measures; and 

14 (iv) travel demand impacts from state 

15 and local transportation demand manage16 ment programs; 

17 (B) compare the transportation demand 

18 forecasts with the observed transportation de19 mand data gathered under subparagraph (A), 

20 including an analysis of the level of accuracy of 

21 forecasts and possible reasons for large discrep22 ancies; and 

23 (C) use the information described in sub24 paragraphs (A) and (B) to— 


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1 (i) develop best practices and guid2 ance for States and metropolitan planning 

3 organizations to use in forecasting trans4 portation demand for future investments in 

5 transportation improvements; 

6 (ii) evaluate the impact of transpor7 tation investments, including new roadway 

8 capacity, on transportation behavior and 

9 transportation demand, including public 

10 transportation ridership, induced highway 

11 transportation, and congestion; 

12 (iii) support more accurate transpor13 tation demand forecasting by States and 

14 metropolitan planning organizations; 

15 (iv) enhance the capacity of States 

16 and metropolitan planning organizations 

17 to— 

18 (I) forecast transportation de19 mand; and 

20 (II) track observed transpor21 tation behavior responses, including 

22 induced transportation, to changes in 

23 transportation capacity, pricing, and 

24 land use patterns; and 


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1 (v) develop transportation demand 

2 management strategies to maximize the ef3 ficiency of the transportation system, im4 prove mobility, reduce congestion, and 

5 lower vehicle emissions. 

6 (3) COVERED ENTITIES.—In carrying out the 

7 study under this section, the Secretary shall ensure 

8 that data and forecasts described in paragraph 

9 (2)(A) are collected from— 

10 (A) States; 

11 (B) metropolitan planning organizations 

12 that serve an area with a population of 200,000 

13 people or fewer; and 

14 (C) metropolitan planning organizations 

15 that serve an area with a population of over 

16 200,000 people. 

17 (4) WORKING WITH THE PRIVATE SECTOR.—In 

18 carrying out this section, the Secretary may, and is 

19 encouraged to, procure additional data as necessary 

20 from university transportation centers, private sector 

21 providers, and other entities as is needed and may 

22 use funds authorized under section 503(b) of title 

23 23, United States Code, for carrying out this para24 graph. 


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1 (5) WORKING WITH AFFECTED COMMU2 NITIES.—In carrying out this section, the Secretary 

3 shall consult with, and collect data and input from, 

4 representatives of— 

5 (A) the Department of Transportation; 

6 (B) State departments of transportation; 

7 (C) metropolitan planning organizations; 

8 (D) local governments; 

9 (E) providers of public transportation; 

10 (F) nonprofit entities related to transpor11 tation, including safety, cycling, disability, and 

12 equity groups; and 

13 (G) any other stakeholders, as determined 

14 by the Secretary. 

15 (b) REPORT.—Not later than 2 years after the date 

16 of enactment of this Act, the Secretary shall submit to 

17 Congress a report containing the findings of the study 

18 conducted under subsection (a). 

19 (c) SECRETARIAL SUPPORT.—The Secretary shall 

20 seek opportunities to support the transportation planning 

21 processes under sections 134 and 135 of title 23, United 

22 States Code, through the provision of data to States and 

23 metropolitan planning organizations to improve the qual24 ity of transportation plans, models, and demand forecasts. 


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1 (d) UPDATE GUIDANCE AND REGULATIONS.—The 

2 Secretary shall— 

3 (1) update Department of Transportation guid4 ance and procedures to utilize best practices docu5 mented throughout the Federal program; and 

6 (2) ensure that best practices included in the 

7 report are incorporated into appropriate regulations 

8 as such regulations are updated. 

9 (e) CONTINUING IMPROVEMENT.—The Secretary 

10 shall set out a process to repeat the study under this sec11 tion every 2 years as part of the conditions and perform12 ance report, including— 

13 (1) progress in the accuracy of model projec14 tions; 

15 (2) further recommendations for improvement; 

16 and 

17 (3) further changes to guidance, regulation, and 

18 procedures required for the Department of Trans19 portation to adopt best practices. 

20 SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS21 PORTATION PLANS. 

22 Not later than 1 year after the date of enactment 

23 of this Act, the Secretary shall amend section 

24 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 


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1 to ensure that the outer years of a metropolitan transpor2 tation plan are defined as ‘‘beyond the first 4 years’’. 

3 Subtitle E—Federal Lands, Tribes, 

4 and Territories 

5 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO6 GRAM. 

7 (a) IN GENERAL.—Section 165 of title 23, United 

8 States Code, is amended— 

9 (1) by striking subsection (a) and inserting the 

10 following: 

11 ‘‘(a) ANNUAL ALLOCATION.—For the Puerto Rico 

12 and territorial highway program, there shall be made 

13 available— 

14 ‘‘(1) $340,000,000 for the Puerto Rico highway 

15 program under subsection (b) for each of fiscal years 

16 2023 through 2026; and 

17 ‘‘(2) for the territorial highway program under 

18 subsection (c)— 

19 ‘‘(A) an amount equivalent to 0.002 of the 

20 amount made available under section 

21 1101(a)(1)(A) of the INVEST in America Act 

22 for fiscal year 2023; 

23 ‘‘(B) an amount equivalent to 0.002 of the 

24 amount made available under section 


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1 1101(a)(1)(B) of the INVEST in America Act 

2 for fiscal year 2024; 

3 ‘‘(C) an amount equivalent to 0.002 of the 

4 amount made available under section 

5 1101(a)(1)(C) of the INVEST in America Act 

6 for fiscal year 2025; and 

7 ‘‘(D) an amount equivalent to 0.002 of the 

8 amount made available under section 

9 1101(a)(1)(D) of the INVEST in America Act 

10 for fiscal year 2026.’’; 

11 (2) in subsection (b)(2) by adding at the end 

12 the following: 

13 ‘‘(D) TRANSFERABILITY.—Of the amounts 

14 described in clauses (i) and (ii) of subparagraph 

15 (C) for the Puerto Rico highway program, 

16 Puerto Rico may transfer not to exceed 50 per17 cent in a fiscal year of such amounts for activi18 ties described in clause (iii) of such subpara19 graph.’’. 

20 (3) in subsection (c)(6)(A)— 

21 (A) by redesignating clauses (iv), (v), (vi), 

22 and (vii) as clauses (v), (vi), (vii), and (viii), re23 spectively; and 

24 (B) by inserting after clause (iii) the fol25 lowing: 


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1 ‘‘(iv) Ferry boats and terminal facili2 ties that are privately or majority privately 

3 owned, in accordance with paragraphs (1), 

4 (2), (4), (5), (6), and (7) of section 129(c), 

5 that provide a substantial public benefit.’’; 

6 and 

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

8 ‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE9 TIONARY PROGRAMS.—For any program in which the Sec10 retary may allocate funds out of the Highway Trust Fund 

11 (other than the Mass Transit Account) to a State at the 

12 discretion of the Secretary, the Secretary may allocate 

13 funds to one or more territory for any project or activity 

14 that otherwise would be eligible under such program if 

15 such project or activity was being carried out in a State.’’. 

16 (b) ACCESS AND DEVELOPMENT ROADS.—Section 

17 118(d) of title 23, United States Code, is amended by 

18 striking ‘‘and the Commonwealth of Puerto Rico’’ and in19 serting ‘‘, the Commonwealth of Puerto Rico, and any 

20 other territory of the United States’’. 

21 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 

22 Section 202 of title 23, United States Code, is 

23 amended— 

24 (1) in subsection (d)— 


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1 (A) in paragraph (1) by striking ‘‘improv2 ing deficient’’ and inserting ‘‘the construction 

3 and reconstruction of’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A) by inserting 

6 ‘‘construct,’’ after ‘‘project to’’; and 

7 (ii) in subparagraph (B)— 

8 (I) by striking ‘‘deficient’’; and 

9 (II) by inserting ‘‘in poor condi10 tion’’ after ‘‘facility bridges’’; and 

11 (C) in paragraph (3)— 

12 (i) in the heading by striking ‘‘ELIGI13 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY

14 FOR EXISTING BRIDGES’’; 

15 (ii) by striking ‘‘a bridge’’ and insert16 ing ‘‘an existing bridge’’; and 

17 (iii) in subparagraph (C) by striking 

18 ‘‘structurally deficient or functionally obso19 lete’’ and inserting ‘‘in poor condition’’; 

20 and 

21 (2) in subsection (e)(1)— 

22 (A) by striking ‘‘2 percent’’ and inserting 

23 ‘‘4 percent’’; and 


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1 (B) by striking ‘‘for eligible projects de2 scribed in section 148(a)(4).’’ and inserting the 

3 following: ‘‘for— 

4 ‘‘(A) eligible projects described in section 

5 148(a)(4); 

6 ‘‘(B) projects to promote public awareness 

7 and education concerning highway safety mat8 ters (including bicycle, all-terrain, motorcyclist, 

9 and pedestrian safety); or 

10 ‘‘(C) projects to enforce highway safety 

11 laws.’’. 

12 SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

13 (a) TRIBAL TRANSPORTATION PROGRAM.—Section 

14 202 of title 23, United States Code, is amended— 

15 (1) by redesignating subsection (f) as sub16 section (g); and 

17 (2) by inserting after subsection (e) the fol18 lowing: 

19 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

20 Before making any distribution under subsection (b), the 

21 Secretary shall set aside $50,000,000 from the funds 

22 made available under the tribal transportation program 

23 for each fiscal year to carry out the Tribal High Priority 

24 Projects program under section 1123 of MAP–21 (23 

25 U.S.C. 202 note).’’. 


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1 (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

2 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend3 ed— 

4 (1) in subsection (a)(1)(C) by striking ‘‘re5 quired by that section’’ and inserting ‘‘required 

6 under such program’’; 

7 (2) in subsection (b)(1) by striking ‘‘use 

8 amounts made available under subsection (h) to’’; 

9 (3) in subsection (d)— 

10 (A) in paragraph (2) by inserting ‘‘, in 

11 consultation with the Secretary of the Interior,’’ 

12 after ‘‘The Secretary’’; and 

13 (B) in paragraph (3) by striking ‘‘of the 

14 Interior’’ each place it appears; 

15 (4) in subsection (f) by striking ‘‘$1,000,000’’ 

16 and inserting ‘‘$5,000,000’’; 

17 (5) in subsection (g) by striking ‘‘and the Sec18 retary’’ and inserting ‘‘or the Secretary’’; and 

19 (6) by striking subsection (h) and inserting the 

20 following: 

21 ‘‘(h) ADMINISTRATION.—The funds made available to 

22 carry out this section shall be administered in the same 

23 manner as funds made available for the Tribal transpor24 tation program under section 202 of title 23, United 

25 States Code.’’. 


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1 SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 

2 (a) IN GENERAL.—Section 203(a) of title 23, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR6 RIDORS.— 

7 ‘‘(A) REQUEST.—If the head of a covered 

8 agency determines that a high-commuter cor9 ridor requires additional investment, based on 

10 the criteria described in subparagraph (D), the 

11 head of a covered agency, with respect to such 

12 corridor, shall submit to the State— 

13 ‘‘(i) information on condition of pave14 ments and bridges; 

15 ‘‘(ii) an estimate of the amounts need16 ed to bring such corridor into a state of 

17 good repair, taking into consideration any 

18 planned future investments; and 

19 ‘‘(iii) at the discretion of the head of 

20 a covered agency, a request that the State 

21 transfer to the covered agency, under the 

22 authority of section 132 or section 204, or 

23 to the Federal Highway Administration, 

24 under the authority of section 104, a por25 tion of such amounts necessary to address 

26 the condition of the corridor. 


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1 ‘‘(B) STATE RESPONSE.—Not later than 

2 45 days after the date of receipt of the request 

3 described in subparagraph (A)(iii), the State 

4 shall— 

5 ‘‘(i) approve the request; 

6 ‘‘(ii) deny the request and explain the 

7 reasons for such denial; or 

8 ‘‘(iii) request any additional informa9 tion necessary to take action on the re10 quest. 

11 ‘‘(C) NOTIFICATION TO THE SEC12 RETARY.—The head of a covered agency shall 

13 provide to the Secretary a copy of any request 

14 described under subparagraph (A)(iii) and re15 sponse described under subparagraph (B). 

16 ‘‘(D) CRITERIA.—In making a determina17 tion under subparagraph (A), the head of a cov18 ered agency, with respect to the corridor, shall 

19 consider— 

20 ‘‘(i) the condition of roads, bridges, 

21 and tunnels; and 

22 ‘‘(ii) the average annual daily traffic. 

23 ‘‘(E) DEFINITIONS.—In this paragraph: 

24 ‘‘(i) COVERED AGENCY.—The term 

25 ‘covered agency’ means a Federal agency 


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1 eligible to receive funds under this section, 

2 section 203, or section 204, including the 

3 Army Corps of Engineers, Bureau of Rec4 lamation, and the Bureau of Land Man5 agement. 

6 ‘‘(ii) HIGH-COMMUTER CORRIDOR.— 

7 The term ‘high-commuter corridor’ means 

8 a Federal lands transportation facility that 

9 has an average annual daily traffic of not 

10 less than 20,000 vehicles.’’. 

11 (b) GAO STUDY REGARDING NPS MAINTENANCE.— 

12 (1) STUDY.—The Comptroller General of the 

13 United States shall study the National Park Service 

14 maintenance prioritization of Federal lands trans15 portation facilities. 

16 (2) CONTENTS.—At minimum, the study under 

17 paragraph (1) shall examine— 

18 (A) general administrative maintenance of 

19 the National Park Service; 

20 (B) how the National Park Service cur21 rently prioritizes maintenance of Federal facili22 ties covered under the Federal Lands Transpor23 tation Program; 

24 (C) what kind of maintenance the National 

25 Parkway Service is performing; 


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1 (D) to what degree does the National Park 

2 Service prioritize high-commuter corridors; and 

3 (E) how the National Park Service can 

4 better service the needs of high commuter cor5 ridors. 

6 (3) REPORT.—Not later than 1 year after the 

7 date of enactment of this Act, the Comptroller Gen8 eral shall submit to the Committee on Transpor9 tation and Infrastructure of the House of Represent10 atives and the Committee on Environment and Pub11 lic Works of the Senate a report summarizing the 

12 study and the results of such study, including rec13 ommendations for addressing the maintenance needs 

14 and prioritization of high-commuter corridors. 

15 (4) DEFINITION OF HIGH-COMMUTER COR16 RIDOR.—In this section, the term ‘‘high-commuter 

17 corridor’’ means a Federal lands transportation fa18 cility that has average annual daily traffic of not less 

19 than 20,000 vehicles. 

20 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 

21 PROGRAM. 

22 (a) IN GENERAL.—Chapter 2 of title 23, United 

23 States Code, is amended by inserting after section 207 the 

24 following: 


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1 ‘‘§ 208. Federal lands and Tribal major projects pro2 gram 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish a Federal lands and Tribal major projects program 

5 (referred to in this section as the ‘program’) to provide 

6 funding to construct, reconstruct, or rehabilitate critical 

7 Federal lands and Tribal transportation infrastructure. 

8 ‘‘(b) ELIGIBLE APPLICANTS.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), entities eligible to receive funds under 

11 sections 201, 202, 203, and 204 may apply for fund12 ing under the program. 

13 ‘‘(2) SPECIAL RULE.—A State, county, or unit 

14 of local government may only apply for funding 

15 under the program if sponsored by an eligible Fed16 eral agency or Indian Tribe. 

17 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 

18 the program shall be on a Federal lands transportation 

19 facility, a Federal lands access transportation facility, or 

20 a tribal transportation facility, except that such facility is 

21 not required to be included in an inventory described in 

22 section 202 or 203, and for which— 

23 ‘‘(1) the project— 

24 ‘‘(A) has completed the activities required 

25 under the National Environmental Policy Act of 


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1 1969 (42 U.S.C. 4321 et seq.) which has been 

2 demonstrated through— 

3 ‘‘(i) a record of decision with respect 

4 to the project; 

5 ‘‘(ii) a finding that the project has no 

6 significant impact; or 

7 ‘‘(iii) a determination that the project 

8 is categorically excluded; or 

9 ‘‘(B) is reasonably expected to begin con10 struction not later than 18 months after the 

11 date of obligation of funds for the project; and 

12 ‘‘(2) the project has an estimated cost equal to 

13 or exceeding— 

14 ‘‘(A) $12,500,000 if it is on a Federal 

15 lands transportation facility or a Federal lands 

16 access transportation facility; and 

17 ‘‘(B) $5,000,000 if it is on a Tribal trans18 portation facility. 

19 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re20 ceived for a project under this section may be used for— 

21 ‘‘(1) development phase activities, including 

22 planning, feasibility analysis, revenue forecasting, 

23 environmental review, preliminary engineering and 

24 design work, and other preconstruction activities; 

25 and 


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1 ‘‘(2) construction, reconstruction, and rehabili2 tation activities. 

3 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit 

4 to the Secretary an application at such time, in such form, 

5 and containing such information as the Secretary may re6 quire. 

7 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 

8 select a project to receive funds under the program only 

9 if the Secretary determines that the project— 

10 ‘‘(1) improves the condition of critical transpor11 tation facilities, including multimodal facilities; 

12 ‘‘(2) cannot be easily and efficiently completed 

13 with amounts made available under section 202, 

14 203, or 204; and 

15 ‘‘(3) is cost effective. 

16 ‘‘(g) MERIT CRITERIA.—In making a grant under 

17 this section, the Secretary shall consider whether the 

18 project— 

19 ‘‘(1) will generate state of good repair, resil20 ience, economic competitiveness, quality of life, mo21 bility, or safety benefits; 

22 ‘‘(2) in the case of a project on a Federal lands 

23 transportation facility or a Federal lands access 

24 transportation facility, has costs matched by funds 


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1 that are not provided under this section or this title; 

2 and 

3 ‘‘(3) generates benefits for land owned by mul4 tiple Federal land management agencies or Indian 

5 Tribes, or which spans multiple States. 

6 ‘‘(h) EVALUATION AND RATING.—To evaluate appli7 cations, the Secretary shall— 

8 ‘‘(1) determine whether a project meets the re9 quirements under subsection (f); 

10 ‘‘(2) evaluate, through a discernable and trans11 parent methodology, how each application addresses 

12 one or more merit criteria established under sub13 section (g); 

14 ‘‘(3) assign a rating for each merit criteria for 

15 each application; and 

16 ‘‘(4) consider applications only on the basis of 

17 such quality ratings and which meet the minimally 

18 acceptable level for each of the merit criteria. 

19 ‘‘(i) COST SHARE.— 

20 ‘‘(1) FEDERAL LANDS PROJECTS.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding sec22 tion 120, the Federal share of the cost of a 

23 project on a Federal lands transportation facil24 ity or a Federal lands access transportation fa25 cility shall be up to 90 percent. 


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1 ‘‘(B) NON-FEDERAL SHARE.—Notwith2 standing any other provision of law, any Fed3 eral funds may be used to pay the non-Federal 

4 share of the cost of a project carried out under 

5 this section. 

6 ‘‘(2) TRIBAL PROJECTS.—The Federal share of 

7 the cost of a project on a Tribal transportation facil8 ity shall be 100 percent. 

9 ‘‘(j) USE OF FUNDS.—For each fiscal year, of the 

10 amounts made available to carry out this section, not more 

11 than 50 percent shall be used for eligible projects on Fed12 eral lands transportation facilities or Federal lands access 

13 transportation facilities and Tribal transportation facili14 ties, respectively.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 2 of title 23, United States Code, is amended by insert17 ing after the item relating to section 207 the following 

18 new item: 

‘‘208. Federal lands and Tribal major projects program.’’. 

19 (c) REPEAL.—Section 1123 of the FAST Act (23 

20 U.S.C. 201 note), and the item related to such section in 

21 the table of contents under section 1(b) of such Act, are 

22 repealed. 

23 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 

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

25 amended— 


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1 (1) in subsection (e)(1)— 

2 (A) by striking ‘‘6 Assistant’’ and inserting 

3 ‘‘7 Assistant’’; 

4 (B) in subparagraph (C) by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (C) by redesignating subparagraph (D) as 

7 subparagraph (E); and 

8 (D) by inserting after subparagraph (C) 

9 the following: 

10 ‘‘(D) an Assistant Secretary for Tribal 

11 Government Affairs, who shall be appointed by 

12 the President; and’’; and 

13 (2) in subsection (f)— 

14 (A) in the heading by striking ‘‘DEPUTY

15 ASSISTANT SECRETARY FOR TRIBAL GOVERN16 MENT AFFAIRS’’ and inserting ‘‘OFFICE OF

17 TRIBAL GOVERNMENT AFFAIRS’’; and 

18 (B) by striking paragraph (1) and insert19 ing the following: 

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

21 the Department an Office of Tribal Government Af22 fairs, under the Assistant Secretary for Tribal Gov23 ernment Affairs, to— 


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1 ‘‘(A) oversee the Tribal transportation self2 governance program under section 207 of title 

3 23; 

4 ‘‘(B) plan, coordinate, and implement poli5 cies and programs serving Indian Tribes and 

6 Tribal organizations; 

7 ‘‘(C) coordinate Tribal transportation pro8 grams and activities in all offices and adminis9 trations of the Department; 

10 ‘‘(D) provide technical assistance to Indian 

11 Tribes and Tribal organizations; 

12 ‘‘(E) be a participant in any negotiated 

13 rulemakings relating to, or having an impact 

14 on, projects, programs, or funding associated 

15 with the tribal transportation program under 

16 section 202 of title 23; and 

17 ‘‘(F) ensure that Department programs 

18 have in place, implement, and enforce require19 ments and obligations for regular and meaning20 ful consultation and collaboration with Tribes 

21 and Tribal officials under Executive Order No. 

22 13175 and to serve as the primary advisor to 

23 the Secretary and other Department compo24 nents regarding violations of those require25 ments.’’. 


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1 SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 

2 (a) LAND MANAGEMENT AGENCIES AND TRIBAL

3 GOVERNMENTS.—Section 201 of title 23, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 

6 ‘‘(1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the Secretary may use a con8 tracting method available to a State under this title 

9 on behalf of— 

10 ‘‘(A) a Federal land management agency, 

11 with respect to any funds available pursuant to 

12 section 203 or 204; 

13 ‘‘(B) a Federal land management agency, 

14 with respect to any funds available pursuant to 

15 section 1535 of title 31 for any eligible use de16 scribed in sections 203(a)(1) and 204(a)(1) of 

17 this title; or 

18 ‘‘(C) a Tribal Government, with respect to 

19 any funds available pursuant to section 

20 202(b)(7)(D). 

21 ‘‘(2) METHODS DESCRIBED.—The contracting 

22 methods referred to in paragraph (1) shall include, 

23 at a minimum— 

24 ‘‘(A) project bundling; 

25 ‘‘(B) bridge bundling; 

26 ‘‘(C) design-build contracting; 


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1 ‘‘(D) 2-phase contracting; 

2 ‘‘(E) long-term concession agreements; and 

3 ‘‘(F) any method tested, or that could be 

4 tested, under an experimental program relating 

5 to contracting methods carried out by the Sec6 retary. 

7 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection— 

9 ‘‘(A) affects the application of the Federal 

10 share for a project carried out with a con11 tracting method under this subsection; or 

12 ‘‘(B) modifies the point of obligation of 

13 Federal salaries and expenses.’’. 

14 (b) USE OF ALTERNATIVE CONTRACTING METH15 OD.—In carrying out the amendments made by this sec16 tion, the Secretary shall— 

17 (1) in consultation with the applicable Federal 

18 land management agencies, establish procedures that 

19 are— 

20 (A) applicable to each alternative con21 tracting method; and 

22 (B) to the maximum extent practicable, 

23 consistent with requirements for Federal pro24 curement transactions; 


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1 (2) solicit input on the use of each alternative 

2 contracting method from any affected industry prior 

3 to using such method; and 

4 (3) analyze and prepare an evaluation of the 

5 use of each alternative contracting method. 

6 SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 

7 (a) IN GENERAL.—The Commissioner of the Bureau 

8 of Reclamation may transfer ownership of a bridge that 

9 is owned by the Bureau of Reclamation if— 

10 (1) the ownership of the bridge is transferred to 

11 a State with the concurrence of such State; 

12 (2) the State to which ownership is transferred 

13 agrees to operate and maintain the bridge; 

14 (3) the transfer of ownership complies with all 

15 applicable Federal requirements, including— 

16 (A) section 138 of title 23, United States 

17 Code; 

18 (B) section 306108 of title 54, United 

19 States Code; and 

20 (C) the National Environmental Policy Act 

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

22 (4) the Bureau of Reclamation and the State to 

23 which ownership is being transferred jointly notify 

24 the Secretary of Transportation of the intent to con25 duct a transfer prior to such transfer. 


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1 (b) ACCESS.—In a transfer of ownership of a bridge 

2 under this section, the Commissioner of the Bureau of 

3 Reclamation— 

4 (1) shall not be required to transfer ownership 

5 of the land on which the bridge is located or any ad6 jacent lands; and 

7 (2) shall make arrangements with the State to 

8 which ownership is being transferred to allow for 

9 adequate access to such bridge, including for the 

10 purposes of construction, maintenance, and bridge 

11 inspections pursuant to section 144 of title 23, 

12 United States Code. 

13 SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN14 DIAN TRIBES. 

15 Not later than January 31 of each year, the Sec16 retary of Transportation shall submit to the Committee 

17 on Transportation and Infrastructure of the House of 

18 Representatives and the Committee on Environment and 

19 Public Works of the Senate a report that— 

20 (1) identifies the number of Indian Tribes that 

21 were direct recipients of funds under any discre22 tionary Federal highway, transit, or highway safety 

23 program in the prior fiscal year; 

24 (2) lists the total amount of such funds made 

25 available directly to such Tribes; 


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1 (3) identifies the number and location of Indian 

2 Tribes that were indirect recipients of funds under 

3 any formula-based Federal highway, transit, or high4 way safety program in the prior fiscal year; and 

5 (4) lists the total amount of such funds made 

6 available indirectly to such tribes through states or 

7 other direct recipients of Federal highway, transit or 

8 highway safety funding. 

9 SEC. 1510. GAO STUDY. 

10 (a) IN GENERAL.—The Comptroller General of the 

11 United States shall conduct a study on the deferred main12 tenance of United States forest roads, including— 

13 (1) the current backlog; 

14 (2) the current actions on such maintenance 

15 and backlog; 

16 (3) the impacts of public safety due to such de17 ferred maintenance, including wildfire ignitions, sup18 pression, and evacuation routes; and 

19 (4) recommendations for Congress on ways to 

20 address such backlog. 

21 (b) REPORT.—Not later than 1 year after the date 

22 of enactment of this Act, the Comptroller General of the 

23 United States shall submit to the Committee on Transpor24 tation and Infrastructure of the House of Representatives 

25 and the Committee on Environment and Public Works of 


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1 the Senate a report containing the results of the study 

2 conducted under subsection (a). 

3 SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. 

4 (a) IN GENERAL.—Section 204(a) of title 23, United 

5 States Code, is amended— 

6 (1) in paragraph (1)(A)— 

7 (A) in the matter preceding clause (i), by 

8 inserting ‘‘context-sensitive solutions,’’ after 

9 ‘‘restoration,’’; 

10 (B) in clause (i), by inserting ‘‘, including 

11 interpretive panels in or adjacent to those 

12 areas’’ after ‘‘areas’’; 

13 (C) in clause (v), by striking ‘‘and’’ at the 

14 end; 

15 (D) by redesignating clause (vi) as clause 

16 (ix); and 

17 (E) by inserting after clause (v) the fol18 lowing: 

19 ‘‘(vi) contextual wayfinding markers; 

20 ‘‘(vii) landscaping; 

21 ‘‘(viii) cooperative mitigation of visual 

22 blight, including screening or removal; 

23 and’’; and 

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


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1 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying 

2 out an activity described in paragraph (1), the Sec3 retary shall ensure that the entity carrying out the 

4 activity considers— 

5 ‘‘(A) the use of locally adapted native plant 

6 materials; and 

7 ‘‘(B) designs that minimize runoff and 

8 heat generation.’’. 

9 (b) FEDERAL SHARE.—Section 201(b)(7)(B) of title 

10 23, United States Code, is amended by striking ‘‘deter11 mined in accordance with section 120’’, and inserting ‘‘up 

12 to 100 percent’’. 

13 Subtitle F—Additional Provisions 

14 SEC. 1601. VISION ZERO. 

15 (a) IN GENERAL.—A local government, metropolitan 

16 planning organization, or regional transportation planning 

17 organization may develop and implement a vision zero 

18 plan to significantly reduce or eliminate transportation-re19 lated fatalities and serious injuries within a specified time20 frame, not to exceed 20 years. 

21 (b) USE OF FUNDS.—Amounts apportioned to a 

22 State under paragraph (2) or (3) of section 104(b) of title 

23 23, United States Code, may be used— 


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1 (1) to carry out vision zero planning under this 

2 section or a vulnerable road user safety assessment; 

3 and 

4 (2) to implement an existing vision zero plan. 

5 (c) CONTENTS OF PLAN.—A vision zero plan under 

6 this section shall include— 

7 (1) a description of programs, strategies, or 

8 policies intended to significantly reduce or eliminate 

9 transportation-related fatalities and serious injuries 

10 within a specified timeframe, not to exceed 20 years, 

11 that is consistent with a State strategic highway 

12 safety plan and uses existing transportation data 

13 and consideration of risk factors; 

14 (2) plans for implementation of, education of 

15 the public about, and enforcement of such programs, 

16 strategies, or policies; 

17 (3) a description of how such programs, strate18 gies, or policies, and the enforcement of such pro19 grams, strategies, or policies will— 

20 (A) equitably invest in the safety needs of 

21 low-income and minority communities; 

22 (B) ensure that such communities are not 

23 disproportionately targeted by law enforcement; 

24 and 


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1 (C) protect the rights of members of such 

2 communities with respect to title VI of the Civil 

3 Rights Act of 1964 (42 U.S.C. 2000d et seq.); 

4 and 

5 (4) a description of a mechanism to evaluate 

6 progress of the development and implementation of 

7 the plan, including the gathering and use of trans8 portation safety and demographic data. 

9 (d) INCLUSIONS.—A vision zero plan may include a 

10 complete streets prioritization plan that identifies a spe11 cific list of projects to— 

12 (1) create a connected network of active trans13 portation facilities, including sidewalks, bikeways, or 

14 pedestrian and bicycle trails, to connect communities 

15 and provide safe, reliable, affordable, and convenient 

16 access to employment, housing, and services, con17 sistent with the goals described in section 150(b) of 

18 title 23, United States Code; 

19 (2) integrate active transportation facilities with 

20 public transportation service or improve access to 

21 public transportation; and 

22 (3) improve transportation options for low-in23 come and minority communities. 

24 (e) COORDINATION.—A vision zero plan under this 

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1 sions of a unit of local government in the implementation 

2 of the plan, including subdivisions responsible for law en3 forcement, public health, data collection, and public works. 

4 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision 

5 zero plan under this section is not sufficient to dem6 onstrate compliance with the safety performance or plan7 ning requirements of section 148 or 150 of title 23, United 

8 States Code. 

9 (g) GUIDANCE ON SAFE SYSTEM APPROACH.—The 

10 Secretary of Transportation shall develop guidance on the 

11 consideration of a safe system approach in project plan12 ning, scoping, and design to facilitate the implementation 

13 of vision zero plans under this section and vulnerable road 

14 user assessments under section 148 of title 23, United 

15 States Code. 

16 (h) DEFINITIONS.—In this section, the terms ‘‘safe 

17 system approach’’ and ‘‘vulnerable road user safety assess18 ment’’ have the meanings given such terms in section 148 

19 of title 23, United States Code. 

20 SEC. 1602. SPEED LIMITS. 

21 (a) SPEED LIMITS.—The Secretary of Transpor22 tation shall revise the Manual on Uniform Traffic Control 

23 Devices to provide for a safe system approach to setting 

24 speed limits. 


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1 (b) CONSIDERATIONS.—In carrying out subpara2 graph (A), the Secretary shall consider— 

3 (1) crash statistics; 

4 (2) road geometry characteristics; 

5 (3) roadside characteristics; 

6 (4) traffic volume; 

7 (5) the possibility and likelihood of human 

8 error; 

9 (6) human injury tolerance; 

10 (7) the results and recommendations of the Na11 tional Academies of Sciences, Engineering, and Med12 icine report entitled ‘‘Development of a Posted 

13 Speed Limit Setting Procedure and Tool’’, issued 

14 March 2021; 

15 (8) the safety recommendations issued by the 

16 National Transportation Safety Board on August 

17 15, 2017, numbered H–17–27 and H–17–28; 

18 (9) the prevalence of vulnerable road users; and 

19 (10) any other consideration, consistent with a 

20 safe system approach, as determined by the Sec21 retary. 

22 (c) REPORT ON SPEED MANAGEMENT PROGRAM

23 PLAN.—Not later than 1 year after the date of enactment 

24 of this Act, the Secretary shall update and report on the 

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1 gram Plan of the Department of Transportation, as de2 scribed in the safety recommendation issued by the Na3 tional Transportation Safety Board on August 15, 2017, 

4 numbered H–17–018. 

5 (d) STUDY ON SPEED LIMIT METHODOLOGIES.—Not 

6 later than 2 years after the date of enactment of this Act, 

7 the Secretary shall conduct a study of current speed limit 

8 setting methodologies across the country and develop best9 practices for such methodologies, taking into consideration 

10 context sensitive design principles (as such term is defined 

11 in section 101 of title 23, United States Code). 

12 (e) 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 shall comply with section 113(a) of 

25 title 23, United States Code. 


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1 (F) WAIVER AUTHORITY.— 

2 (i) IN GENERAL.—A State department 

3 of transportation may waive the required 

4 installation of broadband conduit for part 

5 or all of any covered highway construction 

6 project under this paragraph if, in the de7 termination of the State department of 

8 transportation— 

9 (I) broadband infrastructure, ter10 restrial broadband infrastructure, aer11 ial broadband fiber cables, or 

12 broadband conduit is present near a 

13 majority of the length of the covered 

14 highway construction project; 

15 (II) installation of terrestrial or 

16 aerial broadband fiber cables associ17 ated with the covered highway con18 struction project is more appropriate 

19 for the context or a more cost-effec20 tive means to facilitate broadband 

21 service to an area not adequately 

22 served by broadband and such instal23 lation is present or planned; 

24 (III) the installation of 

25 broadband conduit increases overall 


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1 costs of a covered highway construc2 tion project by 1.5 percent or greater; 

3 (IV) the installation of 

4 broadband conduit associated with the 

5 covered highway construction project 

6 is not reasonably expected to be uti7 lized or connected to future 

8 broadband infrastructure in the 20 

9 years following the date on which such 

10 determination is made, as determined 

11 by the State department of transpor12 tation, in consultation with appro13 priate State agencies and potentially 

14 affected local governments and Indian 

15 tribes; 

16 (V) the requirements of this 

17 paragraph would require installation 

18 of conduit redundant with a dig once 

19 requirement of a local government or 

20 Indian tribe; 

21 (VI) there exists a circumstance 

22 involving force majeure; or 

23 (VII) the installation of conduit 

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1 retary in consultation with the NTIA 

2 Administrator through regulation. 

3 (ii) CONTENTS OF WAIVER.—A waiver 

4 authorized under this subparagraph 

5 shall— 

6 (I) identify the covered highway 

7 construction project; and 

8 (II) include a brief description of 

9 the determination of the State for 

10 issuing such waiver. 

11 (iii) AVAILABILITY OF WAIVER.—Noti12 fication of a waiver authorized under this 

13 subparagraph shall be made publicly avail14 able, such as on a public website of the 

15 State department of transportation de16 scribed in paragraph (2)(B). 

17 (iv) WAIVER DETERMINATION.— 

18 (I) IN GENERAL.—The State de19 partment of transportation shall be 

20 responsible for the waiver determina21 tion described under this paragraph, 

22 consistent with the regulation issued 

23 pursuant to this subsection, and may 

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1 egories of projects excluded under this 

2 subparagraph. 

3 (II) NO PRIVATE CAUSE OF AC4 TION.—The waiver determination de5 scribed under this paragraph shall be 

6 final and conclusive. Nothing in this 

7 section shall provide a private right or 

8 cause of action to challenge such de9 termination in any court of law. 

10 (4) PRIORITY.—If a State provides for the in11 stallation of broadband infrastructure or broadband 

12 conduit in the right-of-way of a covered highway 

13 construction project, the State department of trans14 portation, along with appropriate State agencies, 

15 shall carry out appropriate measures to ensure that 

16 an existing broadband provider is afforded access 

17 that is non-discriminatory, competitively neutral, 

18 and equal in opportunity, as compared to other 

19 broadband providers, with respect to the program 

20 under this subsection. 

21 (c) GUIDANCE FOR THE INSTALLATION OF

22 BROADBAND CONDUIT.—The Secretary, in consultation 

23 with the NTIA Administrator, shall issue guidance for 

24 best practices related to the installation of broadband con25 duit as described in subsection (b)(2) and of conduit and 


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1 similar infrastructure for intelligent transportation sys2 tems (as such term is defined in section 501 of title 23, 

3 United States Code) that may utilize broadband conduit 

4 installed pursuant to subsection (b)(2). 

5 (d) CONSULTATION.— 

6 (1) IN GENERAL.—In issuing regulations re7 quired by this subsection or to implement any part 

8 of this section, the Secretary shall consult— 

9 (A) the NTIA Administrator; 

10 (B) the Federal Communications Commis11 sion; 

12 (C) State departments of transportation; 

13 (D) appropriate State agencies; 

14 (E) agencies of local governments respon15 sible for transportation and rights-of-way, utili16 ties, and telecommunications and broadband; 

17 (F) Indian tribes; 

18 (G) broadband providers; and 

19 (H) manufacturers of optical fiber, con20 duit, pull tape, and related items. 

21 (2) BROADBAND USERS.—The Secretary shall 

22 ensure that the entities consulted under subpara23 graphs (C) through (F) of paragraph (1) include en24 tities that have expertise with rural areas and popuVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 lations with limited access to broadband infrastruc2 ture. 

3 (3) BROADBAND PROVIDERS.—The Secretary 

4 shall ensure that the entities consulted under sub5 paragraph (G) of paragraph (1) include entities that 

6 provide broadband to rural areas and populations 

7 with limited access to broadband infrastructure. 

8 (4) CONSULTING SMALL MUNICIPALITIES.—The 

9 Secretary shall ensure that the agencies of local gov10 ernments consulted under subparagraph (E) of para11 graph (1) include rural areas, specifically agencies of 

12 local governments with populations less than 50,000. 

13 (e) OVERSIGHT.— 

14 (1) IN GENERAL.—The Secretary shall periodi15 cally review compliance with the regulations issued 

16 pursuant to this section and ensure that State waiv17 er determinations are consistent with such regula18 tions. 

19 (2) EFFICIENT REVIEW.—The review described 

20 under paragraph (1) may be carried out through the 

21 risk-based stewardship and oversight program de22 scribed under section 106(g) of title 23, United 

23 States Code. 

24 (3) EFFECT OF SUBSECTION.—Nothing in this 

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1 sponsibility of the Secretary specifically provided for 

2 under title 23, United States Code, or any other 

3 Federal law. 

4 (f) ADDITIONAL PROVISIONS.— 

5 (1) APPLICABILITY.— 

6 (A) IN GENERAL.—The portion of the reg7 ulation issued pursuant to subsection (b) relat8 ing to the provisions under paragraph (3) of 

9 such subsection shall not take effect until a 

10 source of dedicated funding for the installation 

11 and long term maintenance of broadband con12 duit described in subsection (g)(2) is estab13 lished. 

14 (B) APPLICABILITY DATE.—Paragraphs 

15 (2) through (4) of subsection (b) and subsection 

16 (d) shall apply only to covered highway con17 struction projects for which Federal obligations 

18 or expenditures are initially approved on or 

19 after the date on which regulations required 

20 under this subsection take effect. 

21 (2) RULES OF CONSTRUCTION.— 

22 (A) STATE LAW.—Nothing in this sub23 section shall be construed to require a State to 

24 install or allow the installation of broadband 

25 conduit or broadband infrastructure— 


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1 (i) that is otherwise inconsistent with 

2 what is allowable under State law; or 

3 (ii) where the State lacks the author4 ity for such installation, such as any prop5 erty right or easement necessary for such 

6 installation. 

7 (B) NO REQUIREMENT FOR INSTALLATION

8 OF MOBILE SERVICES EQUIPMENT.—Nothing in 

9 this section shall be construed to require a 

10 State, a municipal government incorporated 

11 under State law, or an Indian Tribe to install 

12 or allow for the installation of equipment essen13 tial for the provision of commercial mobile serv14 ices (as defined in section 332(d) of the Com15 munications Act of 1934 (47 U.S.C. 332(d))) 

16 or commercial mobile data service (as defined in 

17 section 6001 of the Middle Class Tax Relief 

18 and Job Creation Act of 2012 (47 U.S.C. 

19 1401)), other than broadband conduit and asso20 ciated equipment described in paragraph 

21 (3)(B). 

22 (3) RELATION TO STATE DIG ONCE REQUIRE23 MENTS.—Nothing in subsections (b), (c), (d), or (e) 

24 or any regulations issued pursuant to subsection (b) 

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1 sion of a State law or regulation that provides for 

2 a dig once requirement that includes similar or more 

3 stringent requirements to the provisions of sub4 sections (b), (c), (d), or (e) and any regulations pro5 mulgated under subsection (b). 

6 (g) DIG ONCE FUNDING TASK FORCE.— 

7 (1) ESTABLISHMENT.—The Secretary and the 

8 NTIA Administrator shall jointly establish an inde9 pendent task force on funding the nationwide dig 

10 once requirement described in this section to be 

11 known as the ‘‘Dig Once Funding Task Force’’ 

12 (hereinafter referred to as the ‘‘Task Force’’). 

13 (2) DUTIES.—The duties of the Task Force 

14 shall be to— 

15 (A) estimate the annual cost for imple16 menting, administering, and maintaining a na17 tionwide dig once requirement; 

18 (B) propose and evaluate options for fund19 ing a nationwide dig once requirement described 

20 in this section that includes— 

21 (i) a discussion of the role and poten22 tial share of costs of— 

23 (I) the Federal Government; 

24 (II) State and local governments 

25 and Indian tribes; and 


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1 (III) broadband providers install2 ing broadband conduit or broadband 

3 infrastructure under this section; 

4 (ii) consideration of the role of exist5 ing dig once requirements on States, local 

6 governments, and Indian tribes and the 

7 role of private broadband investment, with 

8 a goal to not discourage or disincentivize 

9 such dig once requirements or such invest10 ment; and 

11 (iii) evaluating the appropriate entity 

12 or entities responsible for maintaining the 

13 broadband infrastructure and conduit in14 stalled pursuant to a dig once requirement; 

15 and 

16 (C) propose a cost-based model fee sched17 ule for a State to charge a broadband provider 

18 to access and use conduit installed by such 

19 State pursuant to this section that— 

20 (i) shall consider costs (including ad21 ministrative costs) associated with installa22 tion and long-term maintenance of the 

23 broadband conduit installed pursuant to 

24 this section; 


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1 (ii) may vary by topography, location, 

2 type of road, rurality, and other factors; 

3 and 

4 (iii) may consider financial and mar5 ket incentives for expanding broadband in6 frastructure. 

7 (3) REPORTS.— 

8 (A) INTERIM REPORT AND BRIEFING.— 

9 Not later than 9 months after the appointment 

10 of Members to the Task Force under paragraph 

11 (4)(D), the Task Force shall— 

12 (i) submit to Congress an interim re13 port on the findings of the Task Force; 

14 and 

15 (ii) provide briefings for Congress on 

16 the findings of the Task Force. 

17 (B) FINAL REPORT.—Not later than 3 

18 months after the submission of the interim re19 port under subparagraph (A), the Task Force 

20 shall submit to Congress a final report on the 

21 findings of the Task Force. 

22 (4) MEMBERS.— 

23 (A) APPOINTMENTS.—The Task Force 

24 shall consist of 14 members, comprising— 


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1 (i) 2 co-chairs described in subpara2 graph (B); 

3 (ii) 6 members jointly appointed by 

4 the Speaker and minority leader of the 

5 House of Representatives, in consultation 

6 with the respective Chairs and Ranking 

7 Members of— 

8 (I) the Committee on Transpor9 tation and Infrastructure of the 

10 House of Representatives; 

11 (II) the Committee on Energy 

12 and Commerce of the House of Rep13 resentatives; and 

14 (III) the Committee on Appro15 priations of the House of Representa16 tives; and 

17 (iii) 6 members jointly appointed by 

18 the majority leader and minority leader of 

19 the Senate, in consultation with the respec20 tive Chairs and Ranking Members of the— 

21 (I) the Committee on Environ22 ment and Public Works of the Senate; 

23 (II) the Committee on Com24 merce, Science, and Transportation of 

25 the Senate; and 


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1 (III) the Committee on Appro2 priations of the Senate. 

3 (B) CO-CHAIRS.—The Task Force shall be 

4 co-chaired by the Secretary and the NTIA Ad5 ministrator, or the designees of the Secretary 

6 and NTIA Administrator. 

7 (C) COMPOSITION.—The Task Force shall 

8 include at least— 

9 (i) 1 representative from a State de10 partment of transportation; 

11 (ii) 1 representative from a local gov12 ernment; 

13 (iii) 1 representative from an Indian 

14 tribe; 

15 (iv) 1 representative from a 

16 broadband provider; 

17 (v) 1 representative from a State or 

18 local broadband provider; 

19 (vi) 1 representative from a labor 

20 union; and 

21 (vii) 1 representative from a public in22 terest organization. 

23 (D) APPOINTMENT DEADLINE.—Members 

24 shall be appointed to the Task Force not later 


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1 than 60 days after the date of enactment of 

2 this Act. 

3 (E) TERMS.—Members shall be appointed 

4 for the life of the Task Force. A vacancy in the 

5 Task Force shall not affect the powers of the 

6 Task Force and the vacancy shall be filled in 

7 the same manner as the initial appointment was 

8 made. 

9 (5) CONSULTATIONS.—In carrying out the du10 ties required under this subsection, the Task Force 

11 shall consult, at a minimum— 

12 (A) the Federal Communications Commis13 sion; 

14 (B) agencies of States including— 

15 (i) State departments of transpor16 tation; and 

17 (ii) appropriate State agencies; 

18 (C) agencies of local governments respon19 sible for transportation and rights-of-way, utili20 ties, and telecommunications and broadband; 

21 (D) Indian tribes; 

22 (E) broadband providers and other tele23 communications providers; 

24 (F) labor unions; and 


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1 (G) State or local broadband providers and 

2 Indian tribes that act as broadband providers. 

3 (6) ADDITIONAL PROVISIONS.— 

4 (A) EXPENSES FOR NON-FEDERAL MEM5 BERS.—Non-Federal members of the Task 

6 Force shall be allowed travel expenses, includ7 ing per diem in lieu of subsistence, at rates au8 thorized for employees under subchapter I of 

9 chapter 57 of title 5, United States Code, while 

10 away from the homes or regular places of busi11 ness of such members in the performance of 

12 services for the Task Force. 

13 (B) STAFF.—Staff of the Task Force shall 

14 comprise detailees with relevant expertise from 

15 the Department of Transportation and the Na16 tional Telecommunications and Information Ad17 ministration, or another Federal agency that 

18 the co-chairpersons consider appropriate, with 

19 the consent of the head of the Federal agency, 

20 and such detailees shall retain the rights, sta21 tus, and privileges of the regular employment of 

22 such detailees without interruption. 

23 (C) ADMINISTRATIVE ASSISTANCE.—The 

24 Secretary and NTIA Administrator shall pro25 vide to the Task Force on a reimbursable basis 


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1 administrative support and other services for 

2 the performance of the functions of the Task 

3 Force. 

4 (7) TERMINATION.—The Task Force shall ter5 minate not later than 90 days after submission of 

6 the final report required under paragraph (3)(B). 

7 SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES. 

8 (a) STUDY.— 

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

10 after the date of enactment of this Act, the Sec11 retary of Transportation and the Administrator shall 

12 seek to enter into an agreement with the Transpor13 tation Research Board of the National Academy of 

14 Sciences to under which the Transportation Re15 search Board shall conduct a study— 

16 (A) to estimate pollutant loads from 

17 stormwater runoff from highways and pedes18 trian facilities eligible for assistance under title 

19 23, United States Code, to inform the develop20 ment of appropriate total maximum daily load 

21 requirements; 

22 (B) to provide recommendations (including 

23 recommended revisions to existing laws and reg24 ulations) regarding the evaluation and selection 

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1 tential stormwater management and total max2 imum daily load compliance strategies within a 

3 watershed, including environmental restoration 

4 and pollution abatement carried out under sec5 tion 328 of title 23, United States Code; 

6 (C) to examine the potential for the Sec7 retary to assist State departments of transpor8 tation in carrying out and communicating 

9 stormwater management practices for highways 

10 and pedestrian facilities that are eligible for as11 sistance under title 23, United States Code, 

12 through information-sharing agreements, data13 base assistance, or an administrative platform 

14 to provide the information described in sub15 paragraphs (A) and (B) to entities issued per16 mits under the Federal Water Pollution Control 

17 Act (33 U.S.C. 1251 et seq.); and 

18 (D) to examine the benefit of concen19 trating stormwater retrofits in impaired water20 sheds and selecting such retrofits according to 

21 a process that depends on a watershed manage22 ment plan developed in accordance with section 

23 319 of the Federal Water Pollution Control Act 

24 (33 U.S.C. 1329). 


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1 (2) REQUIREMENTS.—In conducting the study 

2 under the agreement entered into pursuant to para3 graph (1), the Transportation Research Board 

4 shall— 

5 (A) review and supplement, as appropriate, 

6 the methodologies examined and recommended 

7 in the 2019 report of the National Academies 

8 of Sciences, Engineering, and Medicine titled 

9 ‘‘Approaches for Determining and Complying 

10 with TMDL Requirements Related to Roadway 

11 Stormwater Runoff’’; 

12 (B) consult with— 

13 (i) the Secretary of Transportation; 

14 (ii) the Secretary of Agriculture; 

15 (iii) the Administrator; 

16 (iv) the Secretary of the Army, acting 

17 through the Chief of Engineers; and 

18 (v) State departments of Transpor19 tation; and 

20 (C) solicit input from— 

21 (i) stakeholders with experience in im22 plementing stormwater management prac23 tices for projects; and 

24 (ii) educational and technical 

25 stormwater management groups. 


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1 (3) REPORT.—In carrying out the agreement 

2 entered into pursuant to paragraph (1), not later 

3 than 18 months after the date of enactment of this 

4 Act, the Transportation Research Board shall sub5 mit to the Secretary of Transportation, the Adminis6 trator, the Committee on Transportation and Infra7 structure of the House of Representatives, and the 

8 Committee on Environment and Public Works of the 

9 Senate a report describing the results of the study. 

10 (b) STORMWATER BEST MANAGEMENT PRACTICES

11 REPORTS.— 

12 (1) REISSUANCE.—Not later than 180 days 

13 after the date of enactment of this Act, the Adminis14 trator shall update and reissue the best management 

15 practices reports to reflect new information and ad16 vancements in stormwater management. 

17 (2) UPDATES.—Not less frequently than once 

18 every 5 years after the date on which the Secretary 

19 reissues the best management practices reports 

20 under paragraph (1), the Secretary shall update and 

21 reissue the best management practices reports, un22 less the contents of the best management practices 

23 reports have been incorporated (including by ref24 erence) into applicable regulations of the Secretary. 

25 (c) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) BEST MANAGEMENT PRACTICES RE5 PORTS.—The term ‘‘best management practices re6 ports’’ means— 

7 (A) the 2014 report sponsored by the De8 partment of Transportation titled ‘‘Determining 

9 the State of the Practice in Data Collection and 

10 Performance Measurement of Stormwater Best 

11 Management Practices’’ (FHWA–HEP–16– 

12 021); and 

13 (B) the 2000 report sponsored by the De14 partment of Transportation titled ‘‘Stormwater 

15 Best Management Practices in an Ultra-Urban 

16 Setting: Selection and Monitoring’’. 

17 (3) TOTAL MAXIMUM DAILY LOAD.—The term 

18 ‘‘total maximum daily load’’ has the meaning given 

19 such term in section 130.2 of title 40, Code of Fed20 eral Regulations (or successor regulations). 

21 SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT22 OF-WAY. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Architectural and 

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1 thority of section 502(b)(3) of the Rehabilitation Act of 

2 1973 (29 U.S.C. 792(b)(3)), shall publish final accessi3 bility guidelines setting forth minimum standards for pe4 destrian facilities in the public right-of-way, including 

5 shared use paths. 

6 (b) ADOPTION OF REGULATIONS.—Not later than 

7 180 days after the establishment of the guidelines pursu8 ant to subsection (a), the Secretary and Attorney General 

9 shall issue such regulations as are necessary to adopt such 

10 guidelines. 

11 SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT. 

12 (a) HIGHWAY FORMULA MODERNIZATION STUDY.— 

13 (1) IN GENERAL.—The Secretary of Transpor14 tation, in consultation with the State departments of 

15 transportation and representatives of local govern16 ments (including metropolitan planning organiza17 tions), shall conduct a highway formula moderniza18 tion study to assess the method and data used to ap19 portion Federal-aid highway funds under subsections 

20 (b) and (c) of section 104 of title 23, United States 

21 Code, and issue recommendations on such method 

22 and data. 

23 (2) ASSESSMENT.—The highway formula mod24 ernization study required under paragraph (1) shall 

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1 able data, whether the apportionment method under 

2 such section results in— 

3 (A) an equitable distribution of funds 

4 based on the estimated tax payments attrib5 utable to— 

6 (i) highway users in the State that are 

7 paid into the Highway Trust Fund; and 

8 (ii) individuals in the State that are 

9 paid to the Treasury, based on contribu10 tions to the Highway Trust Fund from the 

11 general fund of the Treasury; and 

12 (B) the achievement of the goals described 

13 in section 101(b)(3) of title 23, United States 

14 Code. 

15 (3) CONSIDERATIONS.—In carrying out the as16 sessment under paragraph (2), the Secretary shall 

17 consider the following: 

18 (A) The factors described in sections 

19 104(b), 104(f)(2), 104(h)(2), 130(f), and 

20 144(e) of title 23, United States Code, as in ef21 fect on the date of enactment of SAFETEA– 

22 LU (Public Law 109–59). 

23 (B) The availability and accuracy of data 

24 necessary to calculate formula apportionments 


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1 under the factors described in subparagraph 

2 (A). 

3 (C) The measures established under sec4 tion 150 of title 23, United States Code, and 

5 whether such measures are appropriate for con6 sideration as formula apportionment factors. 

7 (D) The results of the CMAQ formula 

8 modernization study required under subsection 

9 (b). 

10 (E) Inclusion of the Commonwealth of 

11 Puerto Rico in the apportionment under sub12 sections (b) and (c) of section 104 of such title, 

13 including an estimate of the anticipated con14 tributions to the Highway Trust Fund from the 

15 citizens of Puerto Rico if Puerto Rico was sub16 ject to applicable highway user fees. 

17 (F) A needs-based assessment of the share 

18 of Federal-aid highway funds that should be 

19 made available to the territories described 

20 under section 165(c) of such title and a review 

21 of the current administrative distribution of 

22 such funds among the territories. 

23 (G) Any other factors that the Secretary 

24 determines are appropriate. 


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1 (4) RECOMMENDATIONS.—The Secretary shall, 

2 in consultation with the State departments of trans3 portation and representatives of local governments 

4 (including metropolitan planning organizations), de5 velop recommendations on a new apportionment 

6 method, including— 

7 (A) the factors recommended to be in8 cluded in such apportionment method; 

9 (B) the weighting recommended to be ap10 plied to the factors under subparagraph (A); 

11 and 

12 (C) any other recommendations to ensure 

13 that the apportionment method best achieves an 

14 equitable distribution of funds described under 

15 paragraph (2)(A) and the goals described in 

16 paragraph (2)(B). 

17 (5) TERRITORIAL ALLOCATIONS.—The Sec18 retary shall, in consultation with the territories de19 scribed under section 165(c) of title 23, United 

20 States Code, develop recommendations on the total 

21 annual allocation to such territories and a data driv22 en, equitable allocation of funding among such terri23 tories. 

24 (b) CMAQ FORMULA MODERNIZATION STUDY.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary of 

3 Transportation, in consultation with the Adminis4 trator of the Environmental Protection Agency, shall 

5 conduct an CMAQ formula modernization study to 

6 assess whether the apportionment method under sec7 tion 104(b)(4) of title 23, United States Code, re8 sults in a distribution of funds that best achieves the 

9 air quality goals of section 149 of such title. 

10 (2) CONSIDERATIONS.—In providing consulta11 tion under this subsection, the Administrator of the 

12 Environmental Protection Agency shall provide to 

13 the Secretary an analysis of— 

14 (A) factors that contribute to the appor15 tionment, including population, types of pollut16 ants, and severity of pollutants, as such factors 

17 were determined on the date prior to the date 

18 of enactment of MAP–21; 

19 (B) the weighting of the factors listed 

20 under subparagraph (A); and 

21 (C) the recency of the data used in making 

22 the apportionment under section 104(b)(4) of 

23 title 23, United States Code. 

24 (3) RECOMMENDATIONS.—If, in conducting the 

25 study under this subsection, the Secretary finds that 


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1 modifying the apportionment method under section 

2 104(b)(4) of title 23, United States Code, would 

3 best achieve the air quality goals of section 149 of 

4 title 23, United States Code, the Secretary shall, in 

5 consultation with the Administrator, include in such 

6 study recommendations for a new apportionment 

7 method, including— 

8 (A) the factors recommended to be in9 cluded in such apportionment method; 

10 (B) the weighting recommended to be ap11 plied to the factors under subparagraph (A); 

12 and 

13 (C) any other recommendations to ensure 

14 that the apportionment method best achieves 

15 the air quality goals section 149 of such title. 

16 (c) REPORT.—No later than 2 years after the date 

17 of enactment of this Act, the Secretary shall submit to 

18 the Committee on Transportation and Infrastructure of 

19 the House of Representatives and the Committee on Envi20 ronment and Public Works of the Senate a report con21 taining the results of the highway formula modernization 

22 study and the CMAQ formula modernization study. 

23 SEC. 1607. CONSOLIDATION OF PROGRAMS. 

24 Section 1519 of MAP–21 (Public Law 112–141) is 

25 amended— 


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1 (1) in subsection (a)— 

2 (A) by striking ‘‘fiscal years 2016 through 

3 2020’’ and inserting ‘‘fiscal years 2023 through 

4 2026’’; and 

5 (B) by striking ‘‘$3,500,000’’ and insert6 ing ‘‘$4,000,000’’; 

7 (2) by redesignating subsections (b) and (c) as 

8 subsections (c) and (d), respectively; and 

9 (3) by inserting after subsection (a) the fol10 lowing: 

11 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

12 cost of a project or activity carried out under subsection 

13 (a) shall be 100 percent.’’. 

14 SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS. 

15 (a) REPORT.—Not later than 180 days after the date 

16 of enactment of this Act, the Secretary of Transportation 

17 shall submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Environment and Public Works of the Senate 

20 a report that describes the efforts of the Department of 

21 Transportation to encourage elementary, secondary, and 

22 post-secondary students to pursue careers in the surface 

23 transportation sector. 

24 (b) CONTENTS.—The report required under sub25 section (a) shall include— 


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1 (1) a description of efforts to increase aware2 ness of careers related to surface transportation 

3 among elementary, secondary, and post-secondary 

4 students; 

5 (2) a description of efforts to prepare and in6 spire such students for surface transportation ca7 reers; 

8 (3) a description of efforts to support the devel9 opment of a diverse, well-qualified workforce for fu10 ture surface transportation needs; and 

11 (4) the effectiveness of the efforts described in 

12 paragraphs (1) through (3). 

13 SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY 

14 SURFACE TRANSPORTATION WORKFORCE. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this Act, the Secretary of Transpor17 tation shall establish a task force on developing a 21st 

18 century surface transportation workforce (in this section 

19 referred to as the ‘‘Task Force’’). 

20 (b) DUTIES.—Not later than 12 months after the es21 tablishment of the Task Force under subsection (a), the 

22 Task Force shall develop and submit to the Secretary rec23 ommendations and strategies for the Department of 

24 Transportation to— 


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1 (1) evaluate the current and future state of the 

2 surface transportation workforce, including projected 

3 job needs in the surface transportation sector; 

4 (2) identify factors influencing individuals pur5 suing careers in surface transportation, including 

6 barriers to attracting individuals into the workforce; 

7 (3) address barriers to retaining individuals in 

8 surface transportation careers; 

9 (4) identify and address potential impacts of 

10 emerging technologies on the surface transportation 

11 workforce; 

12 (5) increase access for vulnerable or underrep13 resented populations, especially women and minori14 ties, to high-skill, in-demand surface transportation 

15 careers; 

16 (6) facilitate and encourage elementary, sec17 ondary, and post-secondary students in the United 

18 States to pursue careers in the surface transpor19 tation sector; and 

20 (7) identify and develop pathways for students 

21 and individuals to secure pre-apprenticeships, reg22 istered apprenticeships, and other work-based learn23 ing opportunities in the surface transportation sector 

24 of the United States. 


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1 (c) CONSIDERATIONS.—In developing recommenda2 tions and strategies under subsection (b), the Task Force 

3 shall— 

4 (1) identify factors that influence whether 

5 young people pursue careers in surface transpor6 tation, especially traditionally underrepresented pop7 ulations, including women and minorities; 

8 (2) consider how the Department, businesses, 

9 industry, labor, educators, and other stakeholders 

10 can coordinate efforts to support qualified individ11 uals in pursuing careers in the surface transpor12 tation sector; 

13 (3) identify methods of enhancing surface 

14 transportation pre-apprenticeships and registered 

15 apprenticeships, job skills training, mentorship, edu16 cation, and outreach programs that are exclusive to 

17 youth in the United States; and 

18 (4) identify potential sources of funding, includ19 ing grants and scholarships, that may be used to 

20 support youth and other qualified individuals in pur21 suing careers in the surface transportation sector. 

22 (d) CONSULTATION.—In developing the recommenda23 tions and strategies required under subsection (b), the 

24 Task Force may consult with— 


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1 (1) local educational agencies and institutes of 

2 higher education, including community colleges and 

3 vocational schools; and 

4 (2) State workforce development boards. 

5 (e) REPORT.—Not later than 60 days after the sub6 mission of the recommendations and strategies under sub7 section (b), the Secretary shall submit to the Committee 

8 on Transportation and Infrastructure of the House of 

9 Representatives and the Committee on Environment and 

10 Public Works of the Senate a report containing such rec11 ommendations and strategies. 

12 (f) COMPOSITION OF TASK FORCE.—The Secretary 

13 shall appoint members to the Task Force whose diverse 

14 background and expertise allow such members to con15 tribute balanced points of view and ideas in carrying out 

16 this section, comprised of equal representation from each 

17 of the following: 

18 (1) Industries in the surface transportation sec19 tor. 

20 (2) Surface transportation sector labor organi21 zations. 

22 (3) Such other surface transportation stake23 holders and experts as the Secretary considers ap24 propriate. 


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1 (g) PERIOD OF APPOINTMENT.—Members shall be 

2 appointed to the Task Force for the duration of the exist3 ence of the Task Force. 

4 (h) COMPENSATION.—Task Force members shall 

5 serve without compensation. 

6 (i) SUNSET.—The Task Force shall terminate upon 

7 the submission of the report required under subsection (e). 

8 (j) DEFINITIONS.—In this section: 

9 (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap10 prenticeship’’ means a training model or program 

11 that prepares individuals for acceptance into a reg12 istered apprenticeship and has a demonstrated part13 nership with one or more registered apprenticeships. 

14 (2) REGISTERED APPRENTICESHIP.—The term 

15 ‘‘registered apprenticeship’’ means an apprenticeship 

16 program registered under the Act of August 16, 

17 1937 (29 U.S.C. 50 et seq.; commonly known as the 

18 ‘‘National Apprenticeship Act’’), that satisfies the 

19 requirements of parts 29 and 30 of title 29, Code 

20 of Federal Regulations (as in effect on January 1, 

21 2020). 

22 SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERV23 ICES. 

24 Section 140(b) of title 23, United States Code, is 

25 amended to read as follows: 


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1 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 

2 ‘‘(1) IN GENERAL.—The Secretary, in coopera3 tion with the Secretary of Labor and any other de4 partment or agency of the Government, State agen5 cy, authority, association, institution, Indian Tribe 

6 or Tribal organization, corporation (profit or non7 profit), or any other organization or person, is au8 thorized to develop, conduct, and administer surface 

9 transportation and technology training, including 

10 skill improvement programs, and to develop and 

11 fund summer transportation institutes. 

12 ‘‘(2) STATE RESPONSIBILITIES.—A State de13 partment of transportation participating in the pro14 gram under this subsection shall— 

15 ‘‘(A) develop an annual workforce plan 

16 that identifies immediate and anticipated work17 force gaps and underrepresentation of women 

18 and minorities and a detailed plan to fill such 

19 gaps and address such underrepresentation; 

20 ‘‘(B) establish an annual workforce devel21 opment compact with the State workforce devel22 opment board and appropriate agencies to pro23 vide a coordinated approach to workforce train24 ing, job placement, and identification of train25 ing and skill development program needs, which 


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1 shall be coordinated to the extent practical with 

2 an institution or agency, such as a State work3 force development board under section 101 of 

4 the Workforce Innovation and Opportunities 

5 Act (29 U.S.C. 3111), that has established 

6 skills training, recruitment, and placement re7 sources; and 

8 ‘‘(C) demonstrate program outcomes, in9 cluding— 

10 ‘‘(i) impact on areas with transpor11 tation workforce shortages; 

12 ‘‘(ii) diversity of training participants; 

13 ‘‘(iii) number and percentage of par14 ticipants obtaining certifications or creden15 tials required for specific types of employ16 ment; 

17 ‘‘(iv) employment outcome, including 

18 job placement and job retention rates and 

19 earnings, using performance metrics estab20 lished in consultation with the Secretary of 

21 Labor and consistent with metrics used by 

22 programs under the Workforce Innovation 

23 and Opportunity Act (29 U.S.C. 3101 et 

24 seq.); and 


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1 ‘‘(v) to the extent practical, evidence 

2 that the program did not preclude workers 

3 that participate in training or registered 

4 apprenticeship activities under the pro5 gram from being referred to, or hired on, 

6 projects funded under this chapter. 

7 ‘‘(3) FUNDING.—From administrative funds 

8 made available under section 104(a), the Secretary 

9 shall deduct such sums as necessary, not to exceed 

10 $10,000,000 in each fiscal year, for the administra11 tion of this subsection. Such sums shall remain 

12 available until expended. 

13 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub14 sections (b) through (d) of section 6101 of title 41 

15 shall not apply to contracts and agreements made 

16 under the authority granted to the Secretary under 

17 this subsection. 

18 ‘‘(5) USE OF SURFACE TRANSPORTATION PRO19 GRAM AND NATIONAL HIGHWAY PERFORMANCE PRO20 GRAM FUNDS.—Notwithstanding any other provision 

of law, not to exceed 1 21 ⁄2 of 1 percent of funds appor22 tioned to a State under paragraph (1) or (2) of sec23 tion 104(b) may be available to carry out this sub24 section upon request of the State transportation de25 partment to the Secretary.’’. 


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1 SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYS2 TEM FUNDING FLEXIBILITY. 

3 (a) IN GENERAL.—Any funds made available to a 

4 State for the Appalachian development highway system 

5 program under subtitle IV of title 40, United States Code, 

6 before the date of enactment of this Act may be used, at 

7 the request of such State to the Secretary of Transpor8 tation, for the purposes described in section 133(b) of title 

9 23, United States Code. 

10 (b) LIMITATION.—The authority in subsection (a) 

11 may only be used by an Appalachian development highway 

12 system State if all of the Appalachian development high13 way system corridors authorized by subtitle IV of title 40, 

14 United States Code, in such State, have been fully com15 pleted and are open to traffic prior to the State making 

16 a request to the Secretary as described in subsection (a). 

17 SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT 

18 PROGRAM. 

19 Section 504 of title 23, United States Code, is 

20 amended— 

21 (1) in subsection (e)(1) by inserting ‘‘and (8) 

22 through (9)’’ after ‘‘paragraphs (1) through (4)’’; 

23 and 

24 (2) in subsection (f) by adding at the end the 

25 following: 


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1 ‘‘(4) REPORTS.—The Secretary shall submit to 

2 the Committee on Transportation and Infrastructure 

3 of the House of Representatives and the Committee 

4 on Commerce, Science, and Transportation of the 

5 Senate an annual report that includes— 

6 ‘‘(A) a list of all grant recipients under 

7 this subsection; 

8 ‘‘(B) an explanation of why each recipient 

9 was chosen in accordance with the criteria 

10 under paragraph (2); 

11 ‘‘(C) a summary of each recipient’s objec12 tive to carry out the purpose described in para13 graph (1) and an analysis of progress made to14 ward achieving each such objective; 

15 ‘‘(D) an accounting for the use of Federal 

16 funds obligated or expended in carrying out this 

17 subsection; and 

18 ‘‘(E) an analysis of outcomes of the pro19 gram under this subsection.’’. 

20 SEC. 1613. WORKING GROUP ON CONSTRUCTION RE21 SOURCES. 

22 (a) ESTABLISHMENT.—Not later than 120 days after 

23 the date of enactment of this Act, the Secretary of Trans24 portation shall establish a working group (in this section 


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1 referred to as the ‘‘Working Group’’) to conduct a study 

2 on access to covered resources for infrastructure projects. 

3 (b) MEMBERSHIP.— 

4 (1) APPOINTMENT.—The Secretary shall ap5 point to the Working Group individuals with knowl6 edge and expertise in the production and transpor7 tation of covered resources. 

8 (2) REPRESENTATION.—The Working Group 

9 shall include at least one representative of each of 

10 the following: 

11 (A) State departments of transportation. 

12 (B) State agencies associated with covered 

13 resources protection. 

14 (C) State planning and geologic survey and 

15 mapping agencies. 

16 (D) Commercial motor vehicle operators, 

17 including small business operators and opera18 tors who transport covered resources. 

19 (E) Covered resources producers. 

20 (F) Construction contractors. 

21 (G) Labor organizations. 

22 (H) Metropolitan planning organizations 

23 and regional planning organizations. 

24 (I) Indian Tribes. 


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1 (J) Professional surveying, mapping, and 

2 geospatial organizations. 

3 (K) Any other stakeholders that the Sec4 retary determines appropriate. 

5 (3) TERMINATION.—The Working Group shall 

6 terminate 6 months after the date on which the Sec7 retary receives the report under subsection (e)(1). 

8 (c) DUTIES.—In carrying out the study required 

9 under subsection (a), the Working Group shall analyze— 

10 (1) the use of covered resources in transpor11 tation projects funded with Federal dollars; 

12 (2) how the proximity of covered resources to 

13 such projects affects the cost and environmental im14 pact of such projects; 

15 (3) whether and how State, Tribal, and local 

16 transportation and planning agencies consider cov17 ered resources when developing transportation 

18 projects; and 

19 (4) any challenges for transportation project 

20 sponsors regarding access and proximity to covered 

21 resources. 

22 (d) CONSULTATION.—In carrying out the study re23 quired under subsection (a), the Working Group shall con24 sult with, as appropriate— 

25 (1) chief executive officers of States; 


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1 (2) State and local transportation planning 

2 agencies; 

3 (3) Indian Tribes; 

4 (4) other relevant State, Tribal, and local agen5 cies, including State agencies associated with cov6 ered resources protection; 

7 (5) members of the public with industry experi8 ence with respect to covered resources; 

9 (6) other Federal entities that provide funding 

10 for transportation projects; and 

11 (7) any other stakeholder the Working Group 

12 determines appropriate. 

13 (e) REPORTS.— 

14 (1) WORKING GROUP REPORT.—Not later than 

15 2 years after the date on which the Working Group 

16 is established, the Working Group shall submit to 

17 the Secretary a report that includes— 

18 (A) the findings of the study required 

19 under subsection (a), including a summary of 

20 comments received during the consultation 

21 process under subsection (d); and 

22 (B) any recommendations to preserve ac23 cess to and reduce the costs and environmental 

24 impacts of covered resources for infrastructure 

25 projects. 


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1 (2) DEPARTMENTAL REPORT.—Not later than 

2 3 months after the date on which the Secretary re3 ceives the report under paragraph (1), the Secretary 

4 shall submit to the Committee on Transportation 

5 and Infrastructure of the House of Representatives 

6 and the Committee on Environment and Public 

7 Works of the Senate a summary of the findings 

8 under such report and any recommendations, as ap9 propriate. 

10 (f) DEFINITIONS.—In this section: 

11 (1) COVERED RESOURCES.—The term ‘‘covered 

12 resources’’ means common variety materials used in 

13 transportation infrastructure construction and main14 tenance, including stone, sand, and gravel. 

15 (2) INDIAN TRIBES.—The term ‘‘Indian Tribes’’ 

16 has the meaning given such term in section 4 of the 

17 Indian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 5304). 

19 (3) 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 seek to enter into an agreement with the 

7 Transportation Research Board of the National Acad8 emies to conduct a study of the actions needed to ensure 

9 that Federal agencies are taking into account current and 

10 future climate conditions in planning, designing, building, 

11 operating, maintaining, investing in, and upgrading any 

12 federally funded transportation infrastructure invest13 ments. 

14 (b) METHODOLOGIES.—In conducting the study, the 

15 Transportation Research Board shall build on the meth16 odologies examined and recommended in— 

17 (1) the 2018 report issued the American Soci18 ety of Civil Engineers, titled ‘‘Climate-Resilient In19 frastructure: Adaptive Design and Risk Manage20 ment’’; and 

21 (2) the report issued by the California Climate22 Safe Infrastructure Working Group, titled ‘‘Paying 

23 it Forward: The Path Toward Climate-Safe Infra24 structure in California’’. 

25 (c) CONTENTS OF STUDY.—The study shall include 

26 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, residents of public housing (as such term 

15 is defined in section 3(b) of the United States Hous16 ing Act of 1937 (42 U.S.C. 1437a(b)) and of other 

17 housing assisted under other Federal affordable 

18 housing programs as so designated by the Secretary 

19 of Housing and Urban Development, people experi20 encing homelessness, people with disabilities, people 

21 who are incarcerated, or youth. 

22 (d) CONSIDERATIONS.—In carrying out the study, 

23 the Transportation Research Board shall determine the 

24 need for information related to climate resilient transpor25 tation infrastructure by considering— 


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1 (1) the current informational and institutional 

2 barriers to integrating projected infrastructure risks 

3 posed by climate change into federal infrastructure 

4 planning, design, engineering, construction, oper5 ation and maintenance; 

6 (2) the critical information needed by engineers, 

7 planners and those charged with infrastructure up8 grades and maintenance to better incorporate cli9 mate change risks and impacts over the lifetime of 

10 projects; 

11 (3) how to select an appropriate, adaptive engi12 neering design for a range of future climate sce13 narios as related to infrastructure planning and in14 vestment; 

15 (4) how to incentivize and incorporate systems 

16 thinking into engineering design to maximize the 

17 benefits of multiple natural functions and emissions 

18 reduction, as well as regional planning; 

19 (5) how to take account of the risks of cas20 cading infrastructure failures and develop more ho21 listic approaches to evaluating and mitigating cli22 mate risks; 

23 (6) how to ensure that investments in infra24 structure resilience benefit all communities, includ25 ing communities of color, low-income communities, 


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1 residents of public housing (as such term is defined 

2 in section 3(b) of the United States Housing Act of 

3 1937 (42 U.S.C. 1437a(b)) and of other housing as4 sisted under other Federal affordable housing pro5 grams as so designated by the Secretary of Housing 

6 and Urban Development, and Indian Tribes that 

7 face a disproportionate risk from climate change and 

8 in many cases have experienced long-standing unmet 

9 needs and underinvestment in critical infrastructure; 

10 (7) how to incorporate capital assessment and 

11 planning training and techniques, including a range 

12 of financing options to help local and State govern13 ments plan for and provide matching funds; 

14 (8) how federal agencies can track and monitor 

15 federally funded resilient infrastructure in a coordi16 nated fashion to help build the understanding of the 

17 cost-benefit of resilient infrastructure and to build 

18 the capacity for implementing resilient infrastruc19 ture; and 

20 (9) the occupations, skillsets, training pro21 grams, competencies and recognized postsecondary 

22 credentials that will be needed to implement such 

23 climate-resilient transportation infrastructure 

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1 siderations are given to individuals facing barriers to 

2 employment, including individuals registered with a 

3 one-stop center, as defined under section 3 of the 

4 Workforce Innovation and Opportunity Act (29 

5 U.S.C. 3102), communities of color, low-income 

6 communities, residents of public housing (as such 

7 term is defined in section 3(b) of the United States 

8 Housing Act of 1937 (42 U.S.C. 1437a(b)) and of 

9 other housing assisted under other Federal afford10 able housing programs as so designated by the Sec11 retary of Housing and Urban Development, and In12 dian Tribes that face a disproportionate risk from 

13 climate change and have been excluded from job op14 portunities. 

15 (e) CONSULTATION.—In carrying out the study, the 

16 Transportation Research Board— 

17 (1) shall convene and consult with a panel of 

18 national experts, including operators and users of 

19 Federal transportation infrastructure and private 

20 sector stakeholders; and 

21 (2) is encouraged to consult with— 

22 (A) representatives from the thirteen fed23 eral agencies that comprise the United States 

24 Global Change Research Program; 


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1 (B) representatives from the Department 

2 of the Treasury; 

3 (C) professional engineers with relevant ex4 pertise in infrastructure design; 

5 (D) scientists from the National Academies 

6 with relevant expertise; 

7 (E) scientists, social scientists and experts 

8 from academic and research institutions who 

9 have expertise in climate change projections and 

10 impacts; engineering; architecture; or other rel11 evant areas of expertise; 

12 (F) licensed architects with relevant expe13 rience in infrastructure design; 

14 (G) certified planners; 

15 (H) representatives of State and local gov16 ernments and Indian Tribes; 

17 (I) representatives of environmental justice 

18 groups; and 

19 (J) representatives of labor unions that 

20 represent key trades and industries involved in 

21 infrastructure projects. 

22 (f) REPORT.—Not later than 3 years after the date 

23 of enactment of this Act, the Transportation Research 

24 Board shall submit to the Secretary, the Committee on 

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1 resentatives, and the Committee on Environment and 

2 Public Works of the Senate a report on the results of the 

3 study conducted under this section. 

4 SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO 

5 EMISSION VEHICLES. 

6 Subsection (s) of section 127 of title 23, United 

7 States Code is amended to read as follows: 

8 ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO

9 EMISSION VEHICLES.—A vehicle, if operated by an engine 

10 fueled primarily by natural gas, powered primarily by 

11 means of electric battery power, or fueled primarily by 

12 means of other zero emission fuel technologies, may exceed 

13 the weight limit on the power unit by up to 2,000 pounds 

14 (up to a maximum gross vehicle weight of 82,000 pounds) 

15 under this section.’’. 

16 SEC. 1620. GUIDANCE ON EVACUATION ROUTES. 

17 (a) IN GENERAL.— 

18 (1) GUIDANCE.—The Administrator of the Fed19 eral Highway Administration, in coordination with 

20 the Administrator of the Federal Emergency Man21 agement Agency, and consistent with guidance 

22 issued by the Federal Emergency Management 

23 Agency pursuant to section 1209 of the Disaster Re24 covery Reform Act of 2018 (Public Law 115–254), 

25 shall revise existing guidance or issue new guidance 


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1 as appropriate for State and local governments and 

2 Indian Tribes regarding the design, construction, 

3 maintenance, retrofit, and repair of evacuation 

4 routes. 

5 (2) CONSIDERATIONS.—In revising or issuing 

6 guidance under subsection (a)(1), the Administrator 

7 of the Federal Highway Administration shall con8 sider— 

9 (A) methods that assist evacuation routes 

10 to— 

11 (i) withstand the effects of hydrostatic 

12 and hydrodynamic forces on viability, in13 cluding recommendations regarding appro14 priate drainage structures or other flood 

15 prevention mechanisms to manage 

16 stormwater, runoff, and the effect of storm 

17 surge; 

18 (ii) withstand the risks that flamma19 bility poses to viability; 

20 (iii) improve durability, strength (in21 cluding the ability to withstand tensile 

22 stresses and compressive stresses), and 

23 sustainability; and 

24 (iv) provide for long-term cost sav25 ings; 


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1 (B) the ability of evacuation routes to ef2 fectively manage contraflow operations; 

3 (C) for evacuation routes on public lands, 

4 the viewpoints of the applicable Federal land 

5 management agency regarding emergency oper6 ations, sustainability, and resource protection; 

7 and 

8 (D) such other items the Administrator of 

9 the Federal Highway Administration considers 

10 appropriate. 

11 (3) REPORT.—In the case in which the Admin12 istrator of the Federal Highway Administration, in 

13 consultation with the Administrator of the Federal 

14 Emergency Management Agency, concludes existing 

15 guidance addresses the considerations in paragraph 

16 (2), The Administrator of the Federal Highway Ad17 ministration shall submit to the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives and the Committee on Environment 

20 and Public Works of the Senate a detailed report de21 scribing how existing guidance addresses such con22 siderations. 

23 (b) STUDY.— 

24 (1) IN GENERAL.—The Administrator of the 

25 Federal Highway Administration, in coordination 


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1 with the Administrator of the Federal Emergency 

2 Management Agency, shall study the vulnerability of 

3 evacuation routes that are part of the national high4 way system to the risks of extreme weather, includ5 ing flooding and storm surge. 

6 (2) CONTENTS.—In conducting the study under 

7 paragraph (1), the Administrator shall examine— 

8 (A) the likelihood of Federal evacuation 

9 routes flooding during a 100-year, 500-year, 

10 and 1000-year weather event; 

11 (B) whether Federal evacuation routes 

12 that have historically flooded have recovered 

13 quickly from extreme weather events; 

14 (C) the availability of alternative evacu15 ation routes to accommodate the flow of evac16 uees in the event of an evacuation route becom17 ing impassable due to flooding; and 

18 (D) the impact of impassable evacuation 

19 routes on vulnerable individuals, with consider20 ation of the return of evacuees after an extreme 

21 weather event, including— 

22 (i) individuals with a physical or men23 tal disability; 

24 (ii) individuals in schools, daycare 

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1 ing homes, and other long-term care facili2 ties and detention centers; 

3 (iii) individuals with limited pro4 ficiency in English; 

5 (iv) the elderly; and 

6 (v) individuals who are tourists, sea7 sonal workers, or homeless. 

8 (3) REPORT.—Not later than 1 year after the 

9 date of enactment of this Act, the Administrator 

10 shall submit to the Committee on Transportation 

11 and Infrastructure of the House of Representatives 

12 and the Committee on Commerce, Science, and 

13 Transportation of the Senate a report summarizing 

14 the study and the results of such study, including 

15 identifying which segments of Federal evacuation 

16 routes are most vulnerable to becoming impassable 

17 due to flooding. 

18 SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL 

19 HIGHWAY SYSTEM. 

20 (a) IDENTIFICATION.— 

21 (1) CENTRAL TEXAS CORRIDOR.—Section 

22 1105(c)(84) of the Intermodal Surface Transpor23 tation Efficiency Act of 1991 is amended to read as 

24 follows: 


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1 ‘‘(84) The Central Texas Corridor, including 

2 the route— 

3 ‘‘(A) commencing in the vicinity of Texas 

4 Highway 338 in Odessa, Texas, running east5 ward generally following Interstate Route 20, 

6 connecting to Texas Highway 158 in the vicin7 ity of Midland, Texas, then following Texas 

8 Highway 158 eastward to United States Route 

9 87 and then following United States Route 87 

10 southeastward, passing in the vicinity of San 

11 Angelo, Texas, and connecting to United States 

12 Route 190 in the vicinity of Brady, Texas; 

13 ‘‘(B) commencing at the intersection of 

14 Interstate Route 10 and United States Route 

15 190 in Pecos County, Texas, and following 

16 United States Route 190 to Brady, Texas; 

17 ‘‘(C) following portions of United States 

18 Route 190 eastward, passing in the vicinity of 

19 Fort Hood, Killeen, Belton, Temple, Bryan, 

20 College Station, Huntsville, Livingston, Wood21 ville, and Jasper, to the logical terminus of 

22 Texas Highway 63 at the Sabine River Bridge 

23 at Burrs Crossing and including a loop gen24 erally encircling Bryan/College Station, Texas; 


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1 ‘‘(D) following United States Route 83 

2 southward from the vicinity of Eden, Texas, to 

3 a logical connection to Interstate Route 10 at 

4 Junction, Texas; 

5 ‘‘(E) following United States Route 69 

6 from Interstate Route 10 in Beaumont, Texas, 

7 north to United States Route 190 in the vicin8 ity of Woodville, Texas; 

9 ‘‘(F) following United States Route 96 

10 from Interstate Route 10 in Beaumont, Texas, 

11 north to United States Route 190 in the vicin12 ity of Jasper, Texas; and 

13 ‘‘(G) following United States Route 190, 

14 State Highway 305, and United States Route 

15 385 from Interstate Route 10 in Pecos County, 

16 Texas to Interstate 20 at Odessa, Texas.’’. 

17 (2) CENTRAL LOUISIANA CORRIDOR.—Section 

18 1105(c) of the Intermodal Surface Transportation 

19 Efficiency Act of 1991 is amended by adding at the 

20 end the following: 

21 ‘‘(92) The Central Louisiana Corridor com22 mencing at the logical terminus of Louisiana High23 way 8 at the Sabine River Bridge at Burrs Crossing 

24 and generally following portions of Louisiana High25 way 8 to Leesville, Louisiana, and then eastward on 


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1 Louisiana Highway 28, passing in the vicinity of Al2 exandria, Pineville, Walters, and Archie, to the log3 ical terminus of United States Route 84 at the Mis4 sissippi River Bridge at Vidalia, Louisiana.’’. 

5 (3) CENTRAL MISSISSIPPI CORRIDOR.—Section 

6 1105(c) of the Intermodal Surface Transportation 

7 Efficiency Act of 1991, as amended by this Act, is 

8 further amended by adding at the end the following: 

9 ‘‘(93) The Central Mississippi Corridor, includ10 ing the route— 

11 ‘‘(A) commencing at the logical terminus 

12 of United States Route 84 at the Mississippi 

13 River and then generally following portions of 

14 United States Route 84 passing in the vicinity 

15 of Natchez, Brookhaven, Monticello, Prentiss, 

16 and Collins, to Interstate 59 in the vicinity of 

17 Laurel, Mississippi, and continuing on Inter18 state Route 59 north to Interstate Route 20 

19 and on Interstate Route 20 to the Mississippi20 Alabama State Border; and 

21 ‘‘(B) commencing in the vicinity of Laurel, 

22 Mississippi, running south on Interstate Route 

23 59 to United States Route 98 in the vicinity of 

24 Hattiesburg, connecting to United States Route 

25 49 south then following United States Route 49 


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1 south to Interstate Route 10 in the vicinity of 

2 Gulfport and following Mississippi Route 601 

3 southerly terminating near the Mississippi State 

4 Port at Gulfport.’’. 

5 (4) MIDDLE ALABAMA CORRIDOR.—Section 

6 1105(c) of the Intermodal Surface Transportation 

7 Efficiency Act of 1991, as amended by this Act, is 

8 further amended by adding at the end the following: 

9 ‘‘(94) The Middle Alabama Corridor including 

10 the route— 

11 ‘‘(A) beginning at the Alabama-Mississippi 

12 Border generally following portions of I–20 

13 until following a new interstate extension paral14 leling United States Highway 80 specifically: 

15 ‘‘(B) crossing Alabama Route 28 near 

16 Coatopa, Alabama, traveling eastward crossing 

17 United States Highway 43 and Alabama Route 

18 69 near Selma, Alabama, traveling eastwards 

19 closely paralleling United States Highway 80 to 

20 the south crossing over Alabama Routes 22, 41, 

21 and 21, until its intersection with I–65 near 

22 Hope Hull, Alabama; 

23 ‘‘(C) continuing east along the proposed 

24 Montgomery Outer Loop south of Montgomery, 


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1 Alabama where it would next join with I–85 

2 east of Montgomery, Alabama; 

3 ‘‘(D) continuing along I–85 east bound 

4 until its intersection with United States High5 way 280 near Opelika, Alabama or United 

6 States Highway 80 near Tuskegee, Alabama; 

7 and 

8 ‘‘(E) generally following the most expe9 dient route until intersecting with existing 

10 United States Highway 80 (JR Allen Parkway) 

11 through Phenix City until continuing into Co12 lumbus, Georgia.’’. 

13 (5) MIDDLE GEORGIA CORRIDOR.—Section 

14 1105(c) of the Intermodal Surface Transportation 

15 Efficiency Act of 1991, as amended by this Act, is 

16 further amended by adding at the end the following: 

17 ‘‘(95) The Middle Georgia Corridor including 

18 the route— 

19 ‘‘(A) beginning at the Alabama-Georgia 

20 Border generally following the Fall Line Free21 way from Columbus Georgia to Augusta, Geor22 gia specifically: 

23 ‘‘(B) travelling along United States Route 

24 80 (JR Allen Parkway) through Columbus, 

25 Georgia and near Fort Benning, Georgia, east 


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1 to Talbot County, Georgia where it would follow 

2 Georgia Route 96, then commencing on Georgia 

3 Route 49C (Fort Valley Bypass) to Georgia 

4 Route 49 (Peach Parkway) to its intersection 

5 with Interstate route 75 in Byron, Georgia; 

6 ‘‘(C) continuing north along Interstate 

7 Route 75 through Warner Robins and Macon, 

8 Georgia where it would meet Interstate Route 

9 16. Following Interstate 16 east it would next 

10 join United States Route 80 and then onto 

11 State Route 57; and 

12 ‘‘(D) commencing with State Route 57 

13 which turns into State Route 24 near 

14 Milledgeville, Georgia would then bypass Wrens, 

15 Georgia with a newly constructed bypass. After 

16 the bypass it would join United States Route 1 

17 near Fort Gordon into Augusta, Georgia where 

18 it will terminate at Interstate Route 520.’’. 

19 (6) LOUISIANA CAPITAL REGION.—Section 

20 1105(c) of the Intermodal Surface Transportation 

21 Efficiency Act of 1991, as amended by this Act, is 

22 further amended by adding at the end the following: 

23 ‘‘(96) The Louisiana Capital Region High Pri24 ority Corridor, which shall generally follow— 


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1 ‘‘(A) Interstate 10, between its intersec2 tions with Interstate 12 and Louisiana High3 way 415; 

4 ‘‘(B) Louisiana Highway 415, between its 

5 intersections with Interstate 10 and United 

6 States route 190; 

7 ‘‘(C) United States route 190, between its 

8 intersections with Louisiana Highway 415 and 

9 intersection with Interstate 110; 

10 ‘‘(D) Interstate 110, between its intersec11 tions with United States route 190 and Inter12 state 10; 

13 ‘‘(E) Louisiana Highway 30, near St. Ga14 briel, LA and its intersections with Interstate 

15 10; 

16 ‘‘(F) Louisiana Highway 1, near White 

17 Castle, LA and its intersection with Interstate 

18 10; and 

19 ‘‘(G) A bridge connecting Louisiana High20 way 1 with Louisiana Highway 30, south of the 

21 Interstate described in subparagraph (A).’’. 

22 (b) INCLUSION OF CERTAIN SEGMENTS ON INTER23 STATE SYSTEM.—Section 1105(e)(5)(A) of the Intermodal 

24 Surface Transportation Efficiency Act of 1991 is amend25 ed— 


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1 (1) by inserting ‘‘subclauses (I) through (IX) of 

2 subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),’’ 

3 after ‘‘subsection (c)(37),’’; 

4 (2) by inserting ‘‘subsection (c)(84),’’ after 

5 ‘‘subsection (c)(83),’’; and 

6 (3) by striking ‘‘and subsection (c)(91)’’ and in7 serting ‘‘subsection (c)(91), subsection (c)(92), sub8 section (c)(93), subsection (c)(94), subsection 

9 (c)(95), and subsection (c)(96)’’. 

10 (c) DESIGNATION.—Section 1105(e)(5)(C) of the 

11 Intermodal Surface Transportation Efficiency Act of 1991 

12 is amended by striking ‘‘The route referred to in sub13 section (c)(84) is designated as Interstate Route I–14.’’ 

14 and inserting ‘‘The route referred to in subsection 

15 (c)(84)(A) is designated as Interstate Route I–14 North. 

16 The route referred to in subsection (c)(84)(B) is des17 ignated as Interstate Route I–14 South. The Bryan/Col18 lege Station, Texas loop referred to in subsection (c)(84) 

19 is designated as Interstate Route I–214. The routes re20 ferred to in subparagraphs (C), (D), (E), (F), and (G) 

21 of subsection (c)(84) and in subsections (c)(92), (c)(93), 

22 (c)(94), and (c)(95) are designated as Interstate Route I– 

23 14.’’. 


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1 SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED 

2 ROADS. 

3 (a) GUIDANCE.—The Administrator of the Federal 

4 Highway Administration, in coordination with the Admin5 istrator of the Federal Emergency Management Agency, 

6 shall review the guidance issued pursuant to section 1228 

7 of the Disaster Recovery Reform Act of 2018 (Public Law 

8 115–254), and revise or issue new guidance regarding re9 pair, restoration, and replacement of inundated and sub10 merged roads damaged or destroyed by a major disaster 

11 declared pursuant to the Robert T. Stafford Disaster Re12 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

13 seq.) with respect to roads eligible for assistance under 

14 Federal Highway Administration programs. 

15 (b) CONSIDERATIONS.—In revising or issuing new 

16 guidance under subsection (a), the Administrator shall 

17 consider methods of repair, restoration, and replacement 

18 of damaged or destroyed roads that— 

19 (1) improve the ability of a previously inun20 dated or submerged road to withstand the effects of 

21 hydrostatic and hydrodynamic forces, including 

22 stormwater, runoff, or storm surge; and 

23 (2) provide for long-term cost savings. 

24 SEC. 1623. DRY BULK WEIGHT TOLERANCE. 

25 Section 127 of title 23, United States Code, is 

26 amended by adding at the end the following: 


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1 ‘‘(v) DRY BULK WEIGHT TOLERANCE.— 

2 ‘‘(1) DEFINITION OF DRY BULK GOODS.—In 

3 this subsection, the term ‘dry bulk goods’ means any 

4 homogeneous unmarked nonliquid cargo being trans5 ported in a trailer specifically designed for that pur6 pose. 

7 ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding 

8 any other provision of this section, except for the 

9 maximum gross vehicle weight limitation, a commer10 cial motor vehicle transporting dry bulk goods may 

11 not exceed 110 percent of the maximum weight on 

12 any axle or axle group described in subsection (a), 

13 including any enforcement tolerance.’’. 

14 SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS. 

15 Section 143(b)(2)(A) of title 23, United States Code, 

16 is amended by striking ‘‘2016 through 2020’’ and insert17 ing ‘‘2023 through 2026’’. 

18 SEC. 1625. LABOR STANDARDS. 

19 It is the policy of the United States that funds au20 thorized or made available by this Act, or the amendments 

21 made by this Act, should not be used to purchase products 

22 produced whole or in part through the use of child labor, 

23 as such term is defined in Article 3 of the International 

24 Labor Organization Convention concerning the prohibition 

25 and immediate action for the elimination of the worst 


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1 forms of child labor (December 2, 2000), or in violation 

2 of human rights. 

3 SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, and every 5 years there6 after, the Comptroller General of the United States shall 

7 evaluate and issue a report to Congress on the economic 

8 benefits, including avoided impacts on property and life, 

9 of the use of model, consensus-based building codes, 

10 standards, and provisions that support resilience to cli11 mate risks and impacts, including— 

12 (1) flooding; 

13 (2) wildfires; 

14 (3) hurricanes; 

15 (4) heat waves; 

16 (5) droughts; 

17 (6) rises in sea level; and 

18 (7) extreme weather. 

19 (b) REPORT ISSUES.—The report required under 

20 subsection (a) shall include the following: 

21 (1) An assessment of the status of adoption of 

22 building codes, standards, and provisions within the 

23 States, territories, and tribes at the State or juris24 dictional level; including whether the adopted codes 


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1 meet or exceed the most recent published edition of 

2 a national, consensus-based model code. 

3 (2) An analysis of the extent to which pre-dis4 aster mitigation measures provide benefits to the na5 tion and individual States, territories and tribes, in6 cluding— 

7 (A) an economic analysis of the benefits to 

8 the design and construction of new resilient in9 frastructure; 

10 (B) losses avoided, including economic 

11 losses, number of structures (buildings, roads, 

12 bridges), and injuries and deaths by utilizing 

13 building codes and standards that prioritize re14 siliency; and 

15 (C) an economic analysis of the benefits to 

16 using hazard resistant building codes in rebuild17 ing and repairing infrastructure following a dis18 aster. 

19 (3) An assessment of the building codes and 

20 standards referenced or otherwise currently incor21 porated into Federal policies and programs, includ22 ing but not limited to grants, incentive programs, 

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1 agement Agency (hereinafter referred to as 

2 ‘‘FEMA’’), including— 

3 (A) the extent to which such codes and 

4 standards contribute to increasing climate resil5 iency; 

6 (B) recommendations for how FEMA could 

7 improve their use of codes and standards to 

8 prepare for climate change and address resil9 iency in housing, public buildings, and infra10 structure such as roads and bridges; and 

11 (C) how FEMA could increase efforts to 

12 support the adoption of hazard resistant codes 

13 by the States, territories, and Indian Tribes. 

14 (4) Recommendations for FEMA on how to bet15 ter incorporate climate resiliency into efforts to re16 build after natural disasters. 

17 SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING 

18 RIGHTS HIGHWAY. 

19 (a) DESIGNATION.—The portion of United States 

20 Route 80 from Selma, Alabama to Montgomery, Alabama 

21 shall be known as the ‘‘John R. Lewis Voting Rights 

22 Highway’’. 

23 (b) REFERENCES.—Any reference in a law, map, reg24 ulation, document, paper, or other record of the United 

25 States to the portion of United States Route 80 from 


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1 Selma, Alabama to Montgomery, Alabama is deemed to 

2 be a reference to the ‘‘John R. Lewis Voting Rights High3 way’’. 

4 SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FER5 RIES. 

6 (a) IN GENERAL.—The Comptroller General of the 

7 United States shall conduct a study on the capital invest8 ment needs of United States public ferries and how Fed9 eral funding programs are meeting such needs. 

10 (b) CONSIDERATIONS.—In carrying out the study 

11 under subsection (a), the Comptroller General shall exam12 ine the feasibility of including United States public ferries 

13 in the conditions and performance report of the Depart14 ment of Transportation. 

15 (c) REPORT TO CONGRESS.—Not later than 1 year 

16 after the date of enactment of this Act, the Comptroller 

17 General shall submit to Congress a report describing the 

18 results of the study described in subsection (a), including 

19 any recommendations for how to include ferries in the con20 ditions and performance report of the Department of 

21 Transportation. 

22 SEC. 1629. USE OF MODELING AND SIMULATION TECH23 NOLOGY. 

24 It is the sense of Congress that the Department of 

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1 nomically feasible extent practicable, modeling and simula2 tion technology to analyze highway and public transpor3 tation projects authorized by this Act and the amendments 

4 made by this Act to ensure that these projects— 

5 (1) increase transportation capacity and safety, 

6 alleviate congestion, and reduce travel time and envi7 ronmental impacts; and 

8 (2) are as cost effective as practicable. 

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

10 (a) ESTABLISHMENT.—Not later than 2 years after 

11 the date of enactment of this Act, the Comptroller General 

12 of the United States shall carry out a study on the impact 

13 of equity issues associated with per-mile user fee funding 

14 systems on the surface transportation system. 

15 (b) CONTENTS.—The study under subsection (a) 

16 shall include the following with respect to per-mile user 

17 fee systems: 

18 (1) The financial, social, and other impacts of 

19 per-mile user fee systems on individuals, low-income 

20 individuals, and individuals of different races. 

21 (2) The impact that access to alternative modes 

22 of transportation, including public transportation, 

23 has in carrying out per-mile user fee systems. 

24 (3) The ability to access jobs and services, 

25 which may include healthcare facilities, child care, 


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1 education and workforce training, food sources, 

2 banking and other financial institutions, and other 

3 retail shopping establishments. 

4 (4) Equity issues for low-income individuals in 

5 urban and rural areas. 

6 (5) Any differing impacts on passenger vehicles 

7 and commercial vehicles. 

8 (c) INCLUSIONS.—In carrying out the study under 

9 subsection (a), the Comptroller General shall include an 

10 analysis of the State surface transportation system fund11 ing pilot program under section 6020 of the FAST Act 

12 (23 U.S.C. 503 note). 

13 (d) REPORT.—Not later than 2 years after the date 

14 of the enactment after this Act, the Comptroller General 

15 shall submit to the Committee on Transportation and In16 frastructure of the House of Representatives and the Com17 mittee on Environment and Public Works of the Senate, 

18 and make publicly available, a report containing the re19 sults of the study under subsection (a), including rec20 ommendations for how to equitably implement per-mile 

21 user fee systems. 

22 (e) DEFINITIONS.— 

23 (1) PER-MILE USER FEE.—The term ‘‘per-mile 

24 user fee’’ means a revenue mechanism that— 


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1 (A) is applied to road users operating 

2 motor vehicles on the surface transportation 

3 system; and 

4 (B) is based on the number of vehicle miles 

5 traveled by an individual road user. 

6 (2) COMMERCIAL VEHICLE.—The term ‘‘com7 mercial vehicle’’ has the meaning given the term 

8 commercial motor vehicle in section 31101 of title 

9 49, United States Code. 

10 SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT 

11 STATE DOTS. 

12 (a) REVIEW REQUIRED.—Not later than 1 year after 

13 the date of enactment of this Act, the Comptroller General 

14 shall undertake a review of the extent to which State de15 partments of transportation have in place best practices, 

16 standards, and protocols designed to ensure equity consid17 erations in transportation planning, project selection, and 

18 project delivery, including considerations of the diverse 

19 transportation needs of low-income populations, minority 

20 populations, and other diverse populations. 

21 (b) EVALUATION.—After the completion of the review 

22 under subsection (a), the Comptroller General shall issue 

23 and make available on a publicly accessible Website a re24 port detailing— 


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1 (1) findings based on the review in subsection 

2 (a); 

3 (2) a comprehensive set of recommendations for 

4 State departments of transportation to improve eq5 uity considerations, which may include model legisla6 tion, best practices, or guidance; and 

7 (3) any recommendations to Congress for addi8 tional statutory authority needed to support State 

9 department of transportation efforts to incorporate 

10 equity considerations into transportation planning, 

11 project selection, and project delivery. 

12 (c) REPORT.—After completing the review and eval13 uation required under subsections (a) and (b), and not 

14 later than 2 years after the date of enactment of this Act, 

15 the Comptroller General shall make available on a publicly 

16 accessible Website, a report that includes— 

17 (1) findings based on the review conducted 

18 under subsection (a); 

19 (2) the outcome of the evaluation conducted 

20 under subsection (b); 

21 (3) a comprehensive set of recommendations to 

22 improve equity considerations in the public transpor23 tation industry, including recommendations for stat24 utory changes if applicable; and 


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1 (4) the actions that the Secretary of Transpor2 tation could take to effectively address the rec3 ommendations provided under paragraph (3). 

4 SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVEN5 TION NETS AND BARRIERS FOR STRUCTURES 

6 OTHER THAN BRIDGES. 

7 (a) STUDY.—The Comptroller General of the United 

8 States shall conduct a study to identify— 

9 (1) the types of structures, other than bridges, 

10 that attract a high number of individuals attempting 

11 suicide-by-jumping; 

12 (2) the characteristics that distinguish struc13 tures identified under paragraph (1) from similar 

14 structures that do not attract a high number of indi15 viduals attempting suicide-by-jumping; 

16 (3) the types of nets or barriers that are effec17 tive at reducing suicide-by-jumping with respect to 

18 the structures identified under paragraph (1); 

19 (4) methods of reducing suicide-by-jumping 

20 with respect to the structures identified under para21 graph (1) other than nets and barriers; 

22 (5) quantitative measures of the effectiveness of 

23 the nets and barriers identified under paragraph (3); 


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1 (6) quantitative measures of the effectiveness of 

2 the additional methods identified under paragraph 

3 (4); 

4 (7) the entities that typically install the nets 

5 and barriers identified under paragraph (3); and 

6 (8) the costs of the nets and barriers identified 

7 under paragraph (3). 

8 (b) REPORT.—Not later than 1 year after the date 

9 of the enactment of this Act, the Comptroller General shall 

10 submit to the Committee on Transportation and Infra11 structure of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate a report on the results of the study conducted 

14 under subsection (a). 

15 SEC. 1633. TRANSPORTATION PLANNING ACTIVITIES. 

16 The Secretary or Transportation shall take all rea17 sonable efforts to provide assistance for an Olympic or 

18 Paralympic event, or a Special Olympics International 

19 event, including the following: 

20 (1) Planning activities of States and metropoli21 tan planning organizations and transportation 

22 projects relating to an international Olympic or 

23 Paralympic event, or a Special Olympics Inter24 national event, under sections 134 and 135 of title 

25 23, United States Code. 


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1 (2) Developing intermodal transportation plans 

2 necessary for the projects, in coordination with State 

3 and local transportation agencies. 

4 (3) Efforts to expedite review and comment by 

5 the Department of Transportation on any required 

6 submittals pertaining to an Olympic or Paralympic 

7 event or a Special Olympics International event. 

8 (4) Providing technical assistance. 

9 SEC. 1634. BETTER UTILIZING INFRASTRUCTURE FOR 

10 LASTING DEVELOPMENT OF VETERANS BUSI11 NESSES. 

12 (a) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) SMALL BUSINESS CONCERN.—The term 

15 ‘‘small business concern’’ has the meaning given the 

16 term in section 3 of the Small Business Act (15 

17 U.S.C. 632). 

18 (2) VETERAN.—The term ‘‘veteran’’ has the 

19 meaning given the term in section 101(2) of title 38, 

20 United States Code. 

21 (3) VETERAN OWNED SMALL BUSINESS CON22 CERN.—The term ‘‘veteran owned small business 

23 concern’’ has the meaning given the term ‘‘small 

24 business concern owned and controlled by veterans’’ 


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1 in section 3(q) of the Small Business Act (15 U.S.C. 

2 632 (q)). 

3 (b) AMOUNTS FOR VETERAN OWNED SMALL BUSI4 NESS CONCERNS.—Except to the extent that the Sec5 retary of Transportation determines otherwise, not less 

6 than 3 percent of the amounts made available for any pro7 gram under titles I, II, V, and VII of this division and 

8 section 403 of title 23, United States Code, shall be ex9 pended through veteran owned small business concerns. 

10 (c) UNIFORM CRITERIA.—The Secretary shall estab11 lish minimum uniform criteria for use by State govern12 ments in certifying whether a concern qualifies as a vet13 eran owned small business concern for the purpose of this 

14 section. Such criteria shall include a limit on the personal 

15 net worth of the veterans who own and control the small 

16 business concern. 

17 (d) REPORTING.—The Secretary shall establish min18 imum requirements for use by State government in report19 ing to the Secretary— 

20 (1) information concerning veteran owned small 

21 business concern awards, commitments, and achieve22 ment; and 

23 (2) such other information as the Secretary de24 termined to be appropriate for the proper moni25 toring of the veterans business enterprise program. 


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1 SEC. 1635. VEHICLE WEIGHT LIMITATIONS. 

2 Section 127(i)(1)(A) of title 23, United States Code, 

3 is amended by inserting ‘‘an emergency or’’ before ‘‘a 

4 major disaster’’. 

5 SEC. 1636. ROADWAY WORKER PROTECTION WORKING 

6 GROUP. 

7 (a) ESTABLISHMENT.—Not later than 180 days after 

8 the date of enactment of this Act, the Secretary of Trans9 portation shall establish a working group (in this section 

10 referred to as the ‘‘Working Group’’) to review the meth11 ods, practices, and technologies necessary to protect work12 ers in roadway work zones. 

13 (b) MEMBERSHIP.— 

14 (1) APPOINTMENT.—The Secretary shall ap15 point to the Working Group individuals with knowl16 edge and expertise in roadway safety. 

17 (2) REPRESENTATION.—The Working group 

18 shall include at least one representative of each of 

19 the following: 

20 (A) State departments of transportation. 

21 (B) Local governments or metropolitan 

22 planning organizations. 

23 (C) Temporary traffic control organiza24 tions. 

25 (D) Roadway user organizations. 


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1 (E) Vehicle and commercial vehicle manu2 facturers. 

3 (F) Labor organizations. 

4 (G) Traffic safety organizations. 

5 (H) Motor carrier and independent owner6 operator organizations. 

7 (I) Law enforcement and first responder 

8 organizations. 

9 (J) Autonomous vehicle technology compa10 nies. 

11 (K) Any other stakeholders that the Sec12 retary determines appropriate. 

13 (3) TERMINATION.—The Working Group shall 

14 terminate 6 months after the date on which the Sec15 retary receives the report under subsection (f)(1). 

16 (c) DUTIES.—In carrying out the review required 

17 under subsection (a), the Working Group shall— 

18 (1) evaluate and analyze current work zone 

19 safety and worker protection traffic control best 

20 practices; 

21 (2) identify causes of work zone injuries and fa22 talities; 

23 (3) identify and evaluate technologies related to 

24 vehicle interaction with work zones and workers in 

25 work zones; and 


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1 (4) identify challenges for transportation con2 struction project sponsors regarding improving work 

3 zone safety. 

4 (d) CONSULTATION.—In carrying out the review re5 quired under subsection (a), the Working Group shall con6 sult with— 

7 (1) transportation construction contractor orga8 nizations; 

9 (2) roadway and roadway safety equipment 

10 manufacturer organizations; 

11 (3) academic experts; and 

12 (4) any other stakeholder the Working Group 

13 determines appropriate. 

14 (e) REPORTS.— 

15 (1) WORKING GROUP REPORT.—Not later than 

16 2 years after the date on which the Working Group 

17 is established, the Working Group shall submit to 

18 the Secretary a report that includes— 

19 (A) the findings of the review required 

20 under subsection (a), including a summary of 

21 any comments received during the consultation 

22 process under subsection (d); and 

23 (B) recommendations on safety counter24 measures, technologies, programs and policies 


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1 for the Department of Transportation to im2 prove roadway work zone safety and practices. 

3 (2) REPORT TO CONGRESS.—Not later than 1 

4 month after the date on which the Secretary receives 

5 a report under paragraph (1), the Secretary shall 

6 submit to the Committee on Transportation and In7 frastructure of the House of Representatives and the 

8 Committee on Environment and Public Works of the 

9 Senate a summary of the report. 

10 SEC. 1637. GAO STUDY ON NATURE-BASED SOLUTIONS FOR 

11 COASTAL HIGHWAY RESILIENCE. 

12 (a) STUDY.—The Comptroller General of the United 

13 States shall conduct a study on the utilization of nature14 based solutions for improving the resilience of coastal 

15 highways and bridges. 

16 (b) CONTENTS.—In conducting the study under sub17 section (a), the Comptroller General shall examine— 

18 (1) the resiliency benefits of nature-based fea19 tures that work in conjunction with structural fea20 tures to protect coastal highways and bridges by re21 ducing the impacts of floods or other risks of ex22 treme weather; 

23 (2) the ecological benefits of nature-based fea24 tures for habitat restoration, water quality improve25 ments, and recreational aesthetics; 


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1 (3) any potential savings to taxpayers over the 

2 lifecycles of roadways produced by an integrated ap3 proach to resilience against extreme weather; 

4 (4) the utilization rates for integrated nature5 based solutions among transportation agencies; and 

6 (5) any barriers to the use of nature-based solu7 tions by transportation agencies to improve the resil8 ience of coastal roads and bridges. 

9 (c) REPORT.—Not later than 1 year after the date 

10 of enactment of this Act, the Comptroller General shall 

11 submit to the Committee on Transportation and Infra12 structure of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the 

14 Senate a report summarizing the study under subsection 

15 (a) and the results of such study, including recommenda16 tions for how the Federal Highway Administration can en17 courage transportation agencies to use natural and na18 ture-based features to improve the resilience of coastal 

19 highways and bridges. 

20 SEC. 1638. REPEAL OF PILOT PROGRAM. 

21 Section 325 of title 23, United States Code, is re22 pealed. 

23 SEC. 1639. TECHNICAL CORRECTIONS. 

24 (a) IN GENERAL.— Title 23, United States Code, is 

25 amended as follows: 


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1 (1) NAME CORRECTION.—Section 

2 101(a)(17)(C), as redesignated by section 

3 1103(1)(A) of this Act, is amended by striking 

4 ‘‘United States Customs and Immigration Services’’ 

5 and inserting ‘‘U.S. Customs and Border Protec6 tion’’. 

7 (2) TRANSFER OF FUNDS.—Section 104(f)(3) is 

8 amended— 

9 (A) in subparagraph (A), by striking ‘‘the 

10 Federal Highway Administration’’ and inserting 

11 ‘‘an operating administration of the Depart12 ment of Transportation’’; and 

13 (A) in the paragraph heading, by striking 

14 ‘‘FEDERAL HIGHWAY ADMINISTRATION’’ and in15 serting ‘‘AN OPERATING ADMINISTRATION OF

16 THE DEPARTMENT OF TRANSPORTATION’’. 

17 (3) TERMS AND CONDITIONS.—Section 

18 108(c)(3)(F) is amended— 

19 (A) by inserting ‘‘of 1969 (42 U.S.C. 4321 

20 et seq.)’’ after ‘‘Policy Act’’; and 

21 (B) by striking ‘‘this Act’’ and inserting 

22 ‘‘this title’’. 

23 (4) EXCLUSION.—Section 112(b)(2) is amended 

24 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 SEC. 1640. CREDIT ADJUSTMENTS FOR PAYCHECK PROTEC8 TION PROGRAM LOAN FORGIVENESS UNDER 

9 HIGHWAY AND PUBLIC TRANSPORTATION 

10 PROJECT COST REIMBURSEMENT CON11 TRACTS. 

12 (a) IN GENERAL.—Notwithstanding section 112 of 

13 title 23, United States Code, a covered contractor shall 

14 only make credit adjustments to the indirect cost rate ap15 plied to such contractor to reflect the portion of loan for16 giveness attributable to the receipt of Federal funds. For 

17 purposes of this section, beginning on the date on which 

18 the credit attributable to Federal funds is recovered fully, 

19 no further indirect cost rate credit shall be applied or oth20 erwise provided. 

21 (b) COVERED CONTRACTOR DEFINED.—For pur22 poses of this section, the term ‘‘covered contractor’’ means 

23 a contractor or subcontractor at any tier that— 

24 (1) provides architectural and engineering serv25 ices under a federally-funded Federal-aid highway 


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1 program or Federal lands highway program cost re2 imbursement contract under title 23, United States 

3 Code; 

4 (2) received loan forgiveness in accordance with 

5 section 1106 of the Coronavirus Aid, Relief, and 

6 Economic Security Act (Public Law 116–136), for a 

7 loan provided under paragraph (36) of section 7(a) 

8 of the Small Business Act (15 U.S.C. 636(a)); and 

9 (3) applied such loan proceeds to indirect costs 

10 that were reimbursed, in whole or in part, with Fed11 eral funds. 

12 SEC. 1641. ESTABLISHMENT OF WESTERN RIVERSIDE 

13 COUNTY NATIONAL WILDLIFE REFUGE. 

14 (a) IN GENERAL.—The Secretary of the Interior (in 

15 this section referred to as the ‘‘Secretary’’), acting 

16 through the United States Fish and Wildlife Service, shall 

17 establish as a national wildlife refuge the lands, waters, 

18 and interests therein acquired under subsection (g). The 

19 national wildlife refuge shall be known as the ‘‘Western 

20 Riverside County National Wildlife Refuge’’ (in this sec21 tion referred to as the ‘‘Wildlife Refuge’’). 

22 (b) PURPOSE.—The purpose of the Wildlife Refuge 

23 shall be— 


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1 (1) to conserve, manage, and restore wildlife 

2 habitats for the benefit of present and future gen3 erations of Americans; 

4 (2) to conserve species listed as threatened or 

5 endangered under the Endangered Species Act of 

6 1973 (16 U.S.C. 1531 et seq.) or the California En7 dangered Species Act (California Fish and Game 

8 Code 2050–2068), or which is a covered species 

9 under the Western Riverside County Multiple Spe10 cies Habitat Conservation Plan; 

11 (3) to support the recovery and protection of 

12 threatened and endangered species under the En13 dangered Species Act of 1973 (16 U.S.C. 1531 et 

14 seq.); and 

15 (4) to provide for wildlife habitat connectivity 

16 and migratory corridors within the Western River17 side County Multiple Species Habitat Conservation 

18 Plan Area. 

19 (c) SENSE OF CONGRESS.—It is the sense of Con20 gress that the Secretary shall seek to acquire land, water, 

21 or interests therein (including conservation easements), or 

22 sufficient to satisfy the goals established in the Multiple 

23 Species Habitat Conservation Plan, within the acquisition 

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1 after acquired by the Western Riverside County Regional 

2 Conservation Authority for Purposes of the Multiple Spe3 cies Habitat Conservation Plan. 

4 (d) NOTIFICATION OF ESTABLISHMENT.—The Sec5 retary shall publish notice of the establishment of the 

6 Wildlife Refuge in the Federal Register. 

7 (e) ACQUISITION BOUNDARIES.—The Secretary shall 

8 establish the acquisition boundaries of the Wildlife Refuge 

9 as the lands and waters within the Western Riverside 

10 County Multiple Species Habitat Conservation Plan Area 

11 (as depicted on maps and described in the Final Western 

12 Riverside County Multiple Species Habitat Conservation 

13 Plan dated June 17, 2003). 

14 (f) ADMINISTRATION.— 

15 (1) IN GENERAL.—Upon the establishment of 

16 the Wildlife Refuge and thereafter, the Secretary 

17 shall administer all federally owned lands, waters, 

18 and interests in the Wildlife Refuge in accordance 

19 with the National Wildlife Refuge System Adminis20 tration Act of 1966 (16 U.S.C. 668dd et seq.) and 

21 this section. The Secretary may use such additional 

22 statutory authority as may be available to the Sec23 retary for the conservation, management, recovery 

24 and restoration of fish and wildlife and habitat, the 

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1 door recreation opportunities, and the facilitation of 

2 fish and wildlife interpretation and education as the 

3 Secretary considers appropriate to carry out the pur4 poses of this section and serve the objectives of the 

5 Western Riverside County Multiple Species Habitat 

6 Conservation Plan. 

7 (2) COOPERATIVE AGREEMENTS REGARDING

8 NON-FEDERAL LANDS.—The Secretary may enter 

9 into cooperative agreements with the State of Cali10 fornia, any political subdivision thereof, or any other 

11 person— 

12 (A) for the management, in a manner con13 sistent with this section and the Western River14 side County Multiple Species Habitat Conserva15 tion Plan, of lands that are owned by such 

16 State, subdivision, or other person and located 

17 within the acquisition boundaries of the Wildlife 

18 Refuge; 

19 (B) to promote public awareness of the 

20 natural resources of the Western Riverside 

21 County Multiple Species Habitat Conservation 

22 Plan Area; or 

23 (C) to encourage public participation in the 

24 conservation of those resources. 


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1 (g) ACQUISITION AND TRANSFERS OF LANDS AND

2 WATERS FOR WILDLIFE REFUGE.— 

3 (1) ACQUISITIONS.—The Secretary shall ac4 quire by donation, purchase with appropriated 

5 funds, or exchange such lands and waters, or inter6 ests therein (including conservation easements), as 

7 they become available, that will achieve the purposes 

8 of subsection (b), within the acquisition boundaries 

9 of the Wildlife Refuge, except that the lands, waters, 

10 and interests therein owned by the State of Cali11 fornia and its political subdivisions may be acquired 

12 only by donation. 

13 (2) TRANSFERS.— 

14 (A) IN GENERAL.—The head of any Fed15 eral department or agency, including any agen16 cy within the Department of the Interior, that 

17 has jurisdiction of any Federal property located 

18 within the boundaries of the Wildlife Refuge as 

19 described by this section shall, not later than 1 

20 year after the date of the enactment of this Act, 

21 submit to the Secretary an assessment of the 

22 suitability of such property for inclusion in the 

23 Wildlife Refuge. 

24 (B) ASSESSMENT.—Any assessment under 

25 subparagraph (A) shall include— 


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1 (i) parcel descriptions and best exist2 ing land surveys for such property; 

3 (ii) a list of existing special reserva4 tions designations, or purposes of the prop5 erty; 

6 (iii) a list of all known or suspected 

7 hazardous substance contamination of such 

8 property, and any facilities, surface water, 

9 or groundwater on such property; 

10 (iv) the status of withdrawal of such 

11 property from— 

12 (I) the Mineral Leasing Act (30 

13 U.S.C. 181 et seq.); and 

14 (II) the General Mining Act of 

15 1872 (30 U.S.C. 22 et seq.); and 

16 (v) a recommendation as to whether 

17 such property is or is not suitable for in18 clusion in the Wildlife Refuge, and the rea19 sons supporting the recommendation. 

20 (C) INCLUSION IN WILDLIFE REFUGE.— 

21 (i) IN GENERAL.—The Secretary 

22 shall, not later than 60 days after receiving 

23 an assessment submitted pursuant to sub24 paragraph (A), determine if the property 


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1 described in such assessment is suitable for 

2 inclusion in the Wildlife Refuge. 

3 (ii) TRANSFER.—If the Secretary de4 termines the property in an assessment 

5 submitted under subparagraph (A) is suit6 able for inclusion in the Wildlife Refuge, 

7 the head of the Federal department or 

8 agency that has jurisdiction of such prop9 erty shall transfer such property to the ad10 ministrative jurisdiction of the Secretary 

11 for the purposes of this section. 

12 (D) PROPERTY UNSUITABLE FOR INCLU13 SION.—Property determined by the Secretary to 

14 be unsuitable for inclusion in the Wildlife Ref15 uge based on an assessment submitted under 

16 subparagraph (A) shall be subsequently trans17 ferred to the Secretary for purposes of this sec18 tion by the head of the department or agency 

19 that has jurisdiction of such property if such 

20 property becomes suitable for inclusion in the 

21 Wildlife Refuge as determined by the Secretary 

22 in consultation with the head of the department 

23 or agency that has jurisdiction of such prop24 erty. 


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1 (E) PUBLIC ACCESS.—If property trans2 ferred to the Secretary under this paragraph al3 lows for public access at the time of transfer, 

4 such access shall be maintained unless such ac5 cess— 

6 (i) would be incompatible with the 

7 purposes of the Wildlife Refuge; 

8 (ii) would jeopardize public health or 

9 safety; or 

10 (iii) must be limited due to emergency 

11 circumstances. 

12 SEC. 1642. EFFECT OF WEATHER EXTREMES ON SUSTAIN13 ABILITY AND RELIABILITY OF ROADWAYS. 

14 The Administrator of the Federal Highway Adminis15 tration shall issue or update guidance and best practices 

16 related to the resiliency of materials used for construction, 

17 reconstruction, rehabilitation, and preservation projects on 

18 Federal-aid highways, taking into consideration the effect 

19 of dynamic changes on maintenance cycles for roadways, 

20 including as a result of weather-based factors. 

21 SEC. 1643. GAO REPORT REGARDING HIGHWAY TRUST 

22 FUND EXPENDITURES. 

23 (a) IN GENERAL.—Not later than 2 years after the 

24 date of enactment of this Act, the Comptroller General 

25 of the United States shall submit to the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives and the Committee on Environment and Pub3 lic Works of the Senate a report on Highway Trust Fund 

4 expenditures. 

5 (b) PURPOSE.—The purpose of the report under sub6 section (a) shall be to gain an understanding of the ex7 penditures made by the trust fund, including for programs 

8 funded under the Mass Transit Account and the Highway 

9 Account. 

10 (c) CONTENTS.—The report under subsection (a) 

11 shall examine reimbursements to eligible recipients, in12 cluding States, territories, Indian tribes, transit agencies, 

13 and Federal land management agencies, by— 

14 (1) Federal-aid highway program; and 

15 (2) category of eligible project costs including— 

16 (A) administrative costs; 

17 (B) development phase activities, including 

18 transportation planning; 

19 (C) construction; 

20 (D) maintenance; 

21 (E) transit capital projects; 

22 (F) operational improvements; 

23 (G) safety improvements; and 

24 (H) any other category that the Comp25 troller General determines necessary. 


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1 SEC. 1644. RURAL OPPORTUNITIES TO USE TRANSPOR2 TATION FOR ECONOMIC SUCCESS INITIATIVE. 

3 (a) IN GENERAL.—The Secretary of Transportation 

4 shall establish the Rural Opportunities to Use Transpor5 tation for Economic Success Initiative (hereinafter re6 ferred to as the ‘‘ROUTES Office’’), to— 

7 (1) improve analysis of rural projects applying 

8 for Department of Transportation discretionary 

9 grants, including ensuring that project costs, local 

10 resources, and the larger benefits to the American 

11 people and the economy are appropriately consid12 ered; and 

13 (2) provide rural communities with technical as14 sistance for meeting the Nation’s transportation in15 frastructure investment need in a financially sustain16 able manner. 

17 (b) OBJECTIVES.—The ROUTES Office shall— 

18 (1) collect input from knowledgeable entities 

19 and the public on the benefits of rural transpor20 tation projects, the technical and financial assistance 

21 required for constructing and operating rural trans22 portation infrastructure and services, and barriers 

23 and opportunities to funding such rural transpor24 tation projects; 

25 (2) evaluate data on rural transportation chal26 lenges and determining methods to align the DepartVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 ment of Transportation’s discretionary funding and 

2 financing opportunities with the needs of rural com3 munities for meeting National transportation goals; 

4 and 

5 (3) educate rural communities about applicable 

6 Department of Transportation discretionary grants, 

7 developing effective methods to evaluate rural 

8 projects in discretionary grant programs, and com9 municating those methods through program guid10 ance. 

11 (c) ROUTES COUNCIL.— 

12 (1) IN GENERAL.—The Secretary shall establish 

13 the ROUTES Council (hereinafter referred to as the 

14 ‘‘Council’’) to— 

15 (A) organize, guide, and lead the 

16 ROUTES Office; and 

17 (B) coordinate rural-related funding pro18 grams and assistance among the modal admin19 istrations. 

20 (2) MEMBERSHIP.— 

21 (A) IN GENERAL.—The Council shall be 

22 composed of the following officers of the De23 partment of Transportation, or their designees: 

24 (i) The Under Secretary of Transpor25 tation for Policy. 


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1 (ii) The General Counsel. 

2 (iii) The Chief Financial Officer and 

3 Assistant Secretary for Budget and Pro4 grams. 

5 (iv) The Assistant Secretary for Re6 search and Technology. 

7 (v) The Administrators of the— 

8 (I) Federal Aviation Administra9 tion; 

10 (II) Federal Highway Adminis11 tration; 

12 (III) Federal Railroad Adminis13 tration; and 

14 (IV) Federal Transit Administra15 tion. 

16 (vi) The Chief Infrastructure Funding 

17 Officer. 

18 (vii) The Assistant Secretary of Gov19 ernment Affairs. 

20 (viii) The Director of the Office of 

21 Public Affairs. 

22 (B) CHAIR.—The Under Secretary of 

23 Transportation for Policy shall be the Chair of 

24 the Council. 


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1 (C) ADDITIONAL MEMBERS.—The Sec2 retary of Transportation or the Chair of the 

3 Council may designate additional members to 

4 serve on the Council. 

5 (3) ADDITIONAL MODAL INPUT.—To address 

6 issues related to safety and transport of rural com7 modities, the Council shall consult with the Adminis8 trators (or their designees) of the— 

9 (A) Maritime Administration; 

10 (B) Great Lakes St. Lawrence Seaway De11 velopment Corporation; and 

12 (C) National Highway Traffic Safety Ad13 ministration. 

14 (4) DUTIES.—Members of the Council shall— 

15 (A) participate in all meetings and relevant 

16 Council activities and be prepared to share in17 formation relevant to rural transportation infra18 structure projects and issues; 

19 (B) provide guidance and leadership on 

20 rural transportation infrastructure issues and 

21 represent the work of the Council and Depart22 ment of Transportation on such issues to exter23 nal stakeholders; and 


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1 (C) recommend initiatives to the Chair of 

2 the Council to consider, establish, and staff any 

3 resulting activities or working groups. 

4 (5) MEETINGS.—The Council shall meet bi5 monthly. 

6 (6) WORK PRODUCTS AND DELIVERABLES.— 

7 The Council my develop work products or 

8 deliverables to meet its goals, including— 

9 (A) an annual report to Congress describ10 ing Council activities for the past year and ex11 pected activities for the coming year; 

12 (B) any recommendations to enhance the 

13 effectiveness of Department of Transportation 

14 discretionary grant programs regarding rural 

15 infrastructure issues; and 

16 (C) other guides and reports for relevant 

17 groups and the public. 

18 SEC. 1645. GAO STUDY ON VULNERABILITIES TO CERTAIN 

19 THREATS. 

20 Not later than 1 year after the date of enactment 

21 of this Act, the Comptroller General of the United States 

22 shall conduct a study and submit a report on the 

23 vulnerabilities facing the United States transportation sys24 tem, including risks to intelligent transportation systems 

25 and other connected systems from ransomware and other 


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1 cybersecurity threats. Such report shall be submitted 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 in5 clude a summary of findings and any recommendations 

6 to protect against any such vulnerabilities. 

7 SEC. 1646. EXTENSION OF NHA AUTHORIZATIONS. 

8 (a) SHORT TITLE.—The section may be referred to 

9 as the ‘‘National Heritage Area Authorization Extension 

10 Act of 2021’’. 

11 (b) IN GENERAL.—Notwithstanding any other provi12 sion of law, the authorization of appropriations for each 

13 National Heritage Area with an authorization expiring in 

14 2021 is extended through September 30, 2023. 

15 (c) NATIONAL HERITAGE AREA DEFINED.—For the 

16 purposes of subsection (b), the term ‘‘National Heritage 

17 Area’’ means each of the following: 

18 (1) A National Heritage Area. 

19 (2) A National Heritage Corridor. 

20 (3) A Cultural Heritage Corridor. 

21 (4) A Heritage Preservation Commission. 

22 (5) A National Heritage Route. 

23 (6) A Heritage Partnership. 

24 (7) A National Heritage Partnership. 

25 (8) A National Historic District. 


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1 (9) An area designated as a national heritage 

2 area through Federal Statute. 

3 (d) MANAGEMENT PLAN EXTENSION.—Section 

4 6001(c) of the John D. Dingell, Jr. Conservation, Man5 agement, and Recreation Act (Public Law 116–9; 54 

6 U.S.C. 320101 note) is amended— 

7 (1) in paragraph (1), by striking ‘‘3 years after 

8 the date of enactment of this Act’’ and inserting 

9 ‘‘September 30, 2023’’; and 

10 (2) in paragraph (3), by striking ‘‘the date that 

11 is 3 years after the date of enactment of this Act’’ 

12 and inserting ‘‘September 30, 2023’’. 

13 SEC. 1647. ELECTRIC VEHICLE WORKING GROUP. 

14 (a) ESTABLISHMENT OF WORKING GROUP.—Not 

15 later than 240 days after the date of enactment of this 

16 Act, the Secretary of Transportation and the Secretary of 

17 Energy shall jointly establish a working group consisting 

18 of Federal and non-Federal stakeholders to make rec19 ommendations on the development, adoption, and integra20 tion of light and heavy duty electric vehicles into the trans21 portation and energy systems of the United States. 

22 (b) MEMBERSHIP.— 

23 (1) IN GENERAL.—The working group shall be 

24 composed of— 


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1 (A) the Secretaries (or designees), who 

2 shall be co-chairs of the working group; and 

3 (B) relevant Federal and non-Federal 

4 stakeholders, as determined by the Secretaries. 

5 (2) REQUIREMENT.—The Secretaries shall en6 sure that the members of the working group include 

7 individuals with a balance of backgrounds, experi8 ences, view points, and represent geographically di9 verse regions of the United States. 

10 (c) MEETINGS.—The working group shall meet not 

11 less frequently than once every 120 days. 

12 (d) JOINT REPORT AND STRATEGY ON ELECTRIC

13 VEHICLE ADOPTION, OPPORTUNITIES, AND CHAL14 LENGES.— 

15 (1) IN GENERAL.—The Secretaries, in consulta16 tion with the working group, shall submit to Con17 gress, a report on the status of electric vehicle adop18 tion, opportunities, and challenges to expanding 

19 adoption of electric vehicles, and develop strategies 

20 to address these opportunities and challenges. 

21 (2) DEADLINES.—A joint report and strategy 

22 shall be submitted to Congress by September 30, 

23 2025. 


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1 (e) TERMINATION.—The working group shall termi2 nate on the date on which the report and strategy under 

3 subsection (d) are submitted. 

4 SEC. 1648. SENSE OF THE CONGRESS ON SOIL AND ERO5 SION CONTROL FOR HIGHWAY PROJECTS. 

6 It is the sense of Congress that— 

7 (1) federally funded construction projects 

8 should seek to— 

9 (A) incorporate products and materials 

10 that support environmental sustainability; 

11 (B) ensure the health and safety of fish 

12 and wildlife; and 

13 (C) consist of recycled or biobased prod14 ucts; and 

15 (2) State departments of transportation should 

16 support environmental sustainability, to the max17 imum extent practicable, in procurement decisions. 

18 SEC. 1649. LOCAL PROJECT DELIVERY IMPROVEMENTS. 

19 (a) HIGH-PERFORMING LOCAL PUBLIC AGENCY DES20 IGNATION.— 

21 (1) IN GENERAL.—The Secretary shall des22 ignate high-performing local public agencies based 

23 on the criteria in paragraph (3) and consistent with 

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1 scribed under this section for projects funded under 

2 title 23, United States Code. 

3 (2) AUTHORITY.—Nothing in this section shall 

4 be construed to prohibit a local public agency from 

5 taking any action otherwise authorized to secure and 

6 expend Federal funds authorized under chapter 1 of 

7 title 23, United States Code. 

8 (3) CRITERIA.—In designating a high-per9 forming local public agency under this section, the 

10 Secretary shall consider the legal, financial, and 

11 technical capacity of the applicant. 

12 (4) REQUIREMENTS.— 

13 (A) CALL FOR NOMINATION.—The Sec14 retary shall solicit applications for designation 

15 under this section. 

16 (B) GUIDANCE.—The call for nomination 

17 under paragraph (1) shall include guidance on 

18 the requirements and responsibilities of a high19 performing local public agency under this sec20 tion. 

21 (C) DETERMINATION.— 

22 (i) IN GENERAL.—The Secretary shall 

23 have discretion to make any designation 

24 under this section. 


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1 (ii) APPROVAL.—The Secretary may 

2 approve for participation under this pro3 gram any direct recipient under section 

4 1305 of this Act based on the application 

5 under such section. Such approval shall 

6 only apply to the direct recipient unless the 

7 Secretary determines it is appropriate, 

8 based on the criteria in subsection (a)(3), 

9 to extend the approval to 1 or more sub10 recipients of the direct recipient. 

11 (5) TERM.—Except as provided in paragraph 

12 (6), a designation under this subsection— 

13 (A) shall be for a period of not less than 

14 5 years; and 

15 (B) may be renewable. 

16 (6) TERMINATION.—The Secretary shall estab17 lish procedures for the termination of a designation 

18 under this subsection. 

19 (7) LIMITATION.—The Secretary may establish 

20 a limitation on the number of participants in the 

21 program, based on the availability of administrative 

22 resources and the capacity to provide sufficient over23 sight of the program established under this section. 

24 (b) PROJECT DELIVERY.— 

25 (1) IN GENERAL.— 


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1 (A) METHODS.—The high-performing local 

2 public agency may, consistent with the agree3 ment entered into with the Secretary under 

4 subsection(c), utilize 1 or more of the project 

5 delivery methods described in this subsection, 

6 notwithstanding the adoption of such methods 

7 by the State. 

8 (B) RULE OF CONSTRUCTION.—Nothing in 

9 this section shall be construed to prohibit a 

10 local public agency from using a project delivery 

11 method otherwise available to such local public 

12 agency under title 23, United States Code. 

13 (2) FORCE ACCOUNT.—Notwithstanding sub14 sections (a) and (b) of section 112 of title 23, 

15 United States Code, a high-performing local public 

16 agency may, subject to the terms of the agreement 

17 under subsection (c), complete the construction (as 

18 such term is defined under section 101 of such title) 

19 of a Federal-aid highway project by force account, 

20 provided the recipient is qualified to perform the 

21 work in a satisfactory manner based on the criteria 

22 in subsection (a)(3), as determined by the Secretary. 

23 (3) INDEFINITE DELIVERY AND INDEFINITE

24 QUANTITY CONTRACTING.—Subject to the terms of 

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1 forming local public agency may use indefinite quan2 tity and indefinite delivery contracting, including job 

3 order contracting, consistent with the process de4 scribed under subpart F of part 635 of title 23, 

5 Code of Federal Regulations. If determined appro6 priate by the Secretary, the high-performing local 

7 public agency may submit an indefinite delivery and 

8 indefinite quantity contracting procedures plan di9 rectly to the Secretary for approval. 

10 (4) ASSUMPTION OF RESPONSIBILITIES OF

11 STATE DEPARTMENTS OF TRANSPORTATION.— 

12 (A) IN GENERAL.—Subject to the terms of 

13 the agreement under subsection (c), a high-per14 forming local public agency may assume, in lieu 

15 of a State, for projects covered by an agreement 

16 under subsection (c)— 

17 (i) the Federal-aid highway project 

18 approval, determination, and oversight re19 sponsibilities that a State may assume 

20 under section 106 of title 23, United 

21 States Code; and 

22 (ii) the responsibility that a State may 

23 assume, under section 326 of title 23, 

24 United States Code, for determining 

25 whether certain designated activities are 


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1 included within classes of action identified 

2 in regulation by the Secretary that are cat3 egorically excluded from requirements for 

4 environmental assessments or environ5 mental impact statements. 

6 (B) TERMS.—In assuming the responsibil7 ities under subparagraph (A), the high-per8 forming local public agency shall be subject to 

9 the same terms, conditions, and requirements 

10 at the discretion of the Secretary as would be 

11 a State under sections 106(c) and 326 of title 

12 23, United States Code, and any associated reg13 ulations and procedures. 

14 (c) AGREEMENT.— 

15 (1) IN GENERAL.— 

16 (A) AUTHORITY.—The Secretary and the 

17 high-performing local public agency shall enter 

18 into an agreement relating to the extent to 

19 which the local public agency may assume the 

20 authorities described under this section. 

21 (B) DISCRETION.—The Secretary shall 

22 have the discretion to enter into an agreement 

23 under this section for one or more of the 

24 project delivery methods described in subsection 

25 (b). 


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1 (C) SCOPE.— 

2 (i) IN GENERAL.—The Secretary may 

3 make an approval to assume the respon4 sibilities described under subsection (b) on 

5 a single-project, multiple-project, project6 type, or programmatic basis. 

7 (ii) COVERED PROJECTS.—The au8 thority described under this section may 

9 apply to any Federal-aid highway project 

10 carried out within the jurisdiction of the 

11 high-performing local public agency, at the 

12 discretion of the Secretary. 

13 (2) SELF-CERTIFICATION OF COMPLIANCE.— 

14 (A) IN GENERAL.—The high-performing 

15 local public agency may, at the discretion of the 

16 Secretary, provide for self-certification of com17 pliance for the responsibilities assumed pursu18 ant to the agreement established under this sec19 tion. The Secretary shall establish procedures 

20 governing such self-certification of compliance, 

21 including the frequency of such certification. 

22 (B) OVERSIGHT.—If the high-performing 

23 local public agency assumes the role of self-cer24 tification of compliance as described under 

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1 dures to conduct risk-based stewardship and 

2 oversight of a local public agency’s performance 

3 of the assumed responsibilities specified in the 

4 agreement under this subsection, as determined 

5 necessary or appropriate by the Secretary. 

6 (3) ASSISTANCE TO LOCAL PUBLIC AGEN7 CIES.—On request of a local public agency, the Sec8 retary shall provide to the local public agency tech9 nical assistance, training, or other support relating 

10 to— 

11 (A) assuming responsibilities under this 

12 section; 

13 (B) developing an agreement under this 

14 subsection; or 

15 (C) addressing a responsibility under this 

16 section in need of corrective action. 

17 (4) ADOPTION OF STATE PROCEDURES.—Ex18 cept as otherwise provided in the agreement between 

19 the Secretary and the high performing local agency, 

20 the local public agency shall use any manuals, stand21 ards, procedures, and specifications utilized by the 

22 State, as determined appropriate by the Secretary. 

23 (5) CONSULTATION.—In establishing the agree24 ment under this section, the Secretary may require 


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1 the local public agency to consult with the State de2 partment of transportation, as appropriate. 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to limit the ability of a high-per5 forming local public agency to partner with a State depart6 ment of transportation or other recipient of Federal funds 

7 under title 23, United States Code, or chapter 53 of title 

8 49, United States Code, to carry out a project. 

9 (e) SAVINGS CLAUSE.—Except as provided in this 

10 section, all applicable requirements of title 23, United 

11 States Code, shall apply to projects carried out under this 

12 section. 

13 (f) FUNDING.—The Secretary may use for program 

14 management, oversight, and technical assistance to high15 performing local public agencies amounts made available 

16 under section 1305(c)(2) of this Act for technical assist17 ance and administration. 

18 (g) REPORT.— 

19 (1) LOCAL PUBLIC AGENCY REPORT.—Not later 

20 than 60 days after the end of each fiscal year, each 

21 local public agency designated under this section 

22 shall submit to the Secretary a report that in23 cludes— 

24 (A) a list of projects carried out under this 

25 section; 


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1 (B) a description of the authorities as2 sumed under subsection (b), including a sum3 mary of the project types carried out under 

4 such authorities; 

5 (C) recommendations, if any— 

6 (i) on other authorities that would be 

7 appropriate to assume under this section; 

8 and 

9 (ii) to improve the effectiveness of the 

10 program under this section. 

11 (2) REPORT TO CONGRESS.—Not later than Oc12 tober 1, 2024, the Secretary shall submit to the 

13 Committee on Transportation and Infrastructure of 

14 the House of Representatives and the Committee on 

15 Environment and Public Works of the Senate a re16 port that— 

17 (A) summarizes the findings of each local 

18 public agency provided under paragraph (1); 

19 (B) describes the efforts undertaken by 

20 both local public agencies and the Secretary to 

21 ensure compliance with the requirements of title 

22 23, United States Code; and 

23 (C) provides recommendations from the 

24 Secretary to— 


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1 (i) improve the administration, over2 sight, and performance of the program es3 tablished under this section; 

4 (ii) improve the effectiveness of 

5 project delivery for local public agencies; 

6 (iii) evaluate options to expand the 

7 authority provided under this section; and 

8 (iv) provide legislative recommenda9 tions, if any, based on the outcomes of the 

10 program. 

11 SEC. 1650. UTILIZATION OF QUALIFIED ELECTRICIANS. 

12 (a) RULEMAKING.—Not later than 6 months after 

13 the date of enactment of this Act, the Secretary of Trans14 portation and the Secretary of Energy shall each promul15 gate regulations requiring the utilization of qualified elec16 tricians in the construction, installation, operation and 

17 maintenance of electric vehicle charging stations assisted, 

18 in whole or in part, by funding provided under this Act. 

19 (b) DEFINITION OF QUALIFIED ELECTRICIAN.—In 

20 this section, the term ‘‘qualified electrician’’ means an 

21 electrician who has completed training under the Electric 

22 Vehicle Infrastructure Training Program (EVITP) and 

23 obtained an EVITP certification. 


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1 SEC. 1651. GAO STUDY ON THE IMPACT OF DRUNK DRIVING 

2 CHILD ENDANGERMENT LAWS. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of the enactment of this Act, the Comptroller General 

5 of the United States shall submit to Congress a report 

6 on the impact and effectiveness of drunk driving child 

7 endangerment laws, and ways in which child 

8 endangerment laws can be strengthened to protect chil9 dren who may be passengers in vehicles driven by drunk 

10 drivers. 

11 (b) CONTENTS.—The report required under this sec12 tion shall— 

13 (1) review State laws to determine best prac14 tices, comparing State laws in which driving drunk 

15 with a child is considered a felony versus a mis16 demeanor, as well as review effective ways in which 

17 States mandate or encourage reporting and docu18 mentation of child endangerment; and 

19 (2) make recommendations as to how State 

20 laws can be improved to protect children from riding 

21 as passengers in vehicles driven by drunk drivers, in22 cluding increased penalties, reporting requirements, 

23 and coordination with child protective services. 


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1 SEC. 1652. REGIONAL INFRASTRUCTURE ACCELERATOR 

2 DEOMONSTRATION PROGRAM. 

3 Section 1441 of the FAST Act (23 U.S.C. 601 note) 

4 is amended— 

5 (1) in subsection (d)— 

6 (A) by redesignating paragraphs (1) and 

7 (2) as paragraphs (2) and (3), respectively; and 

8 (B) by inserting before paragraph (1) the 

9 following: 

10 ‘‘(1) the need for projects that address air qual11 ity in areas— 

12 ‘‘(A) that have been designated as non13 attainment area under section 107(d) of the 

14 Clean Air Act (42 U.S.C. 7407(d)); or 

15 ‘‘(B) that are maintenance areas (as such 

16 term is defined in section 101(a) of title 23, 

17 United States Code);’’; and 

18 (2) in subsection (f) by striking ‘‘$12,000,000’’ 

19 inserting ‘‘$13,600,000 out of the general fund of 

20 the Treasury for each fiscal year’’. 

21 SEC. 1653. CLIMATE-SAFE INFRASTRUCTURE WORKING 

22 GROUP. 

23 (a) ESTABLISHMENT.—Not later than 3 months after 

24 the date of enactment of this Act, the Secretary of Trans25 portation shall establish a working group, to be known as 

26 the ‘‘Climate-Safe Infrastructure Working Group’’ (in this 


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1 section referred to as the ‘‘Working Group’’), to examine 

2 how to integrate scientific data regarding the projected 

3 impacts and risks of climate change into infrastructure 

4 planning, design, engineering, construction, operation, and 

5 maintenance that is funded by the Federal Government. 

6 (b) COMPOSITION.—The Working Group shall consist 

7 of the following: 

8 (1) One or more representatives from each of 

9 the Federal agencies that participate in the U.S. 

10 Global Change Research Program. 

11 (2) One or more representatives from the De12 partment of the Treasury. 

13 (3) One or more professional engineers with rel14 evant expertise in infrastructure design. 

15 (4) One or more scientists from the National 

16 Academy of Sciences. 

17 (5) One or more scientists, social scientists, and 

18 experts from academic and research institutions who 

19 have expertise in— 

20 (A) climate change projections and im21 pacts; 

22 (B) engineering; 

23 (C) architecture; or 

24 (D) other relevant areas of expertise. 


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1 (6) One or more licensed architects with rel2 evant expertise in infrastructure design. 

3 (7) One or more certified planners with relevant 

4 expertise in climate change impacts. 

5 (8) One or more representatives of State, local, 

6 and Tribal governments. 

7 (9) One or more representatives of environ8 mental justice groups. 

9 (c) DUTIES.—The Working Group shall consider and 

10 examine, at a minimum, the following matters: 

11 (1) The current informational and institutional 

12 barriers to integrating scientific data regarding the 

13 projected impacts and risks of climate change into 

14 infrastructure planning, design, engineering, con15 struction, operation, and maintenance that is funded 

16 by the Federal Government. 

17 (2) The critical information needed by engi18 neers, certified planners, Federal, State, and local 

19 governments, and other persons charged with infra20 structure upgrades and maintenance to better ad21 dress the impacts and risks of climate change over 

22 the lifetime of infrastructure projects. 

23 (3) With respect to Federal investment and 

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1 priate, adaptive engineering design for a range of fu2 ture climate scenarios. 

3 (4) How to incentivize and incorporate trans4 portation systems thinking, considering how various 

5 transportation and infrastructure projects are linked 

6 together in a metropolitan region or community, into 

7 regional planning and engineering design to ensure 

8 the social, economic, and environmental benefits of 

9 transportation and infrastructure projects are maxi10 mized. 

11 (5) With respect to Federal investment and 

12 planning for infrastructure, how to take account of 

13 the risks of cascading infrastructure failures and de14 velop more holistic and equitable approaches to eval15 uating and mitigating risks of climate change. 

16 (6) How to ensure that Federal investments in 

17 infrastructure resilience benefit all communities, in18 cluding communities of color, low-income commu19 nities, Tribal communities, and other communities 

20 that face a disproportionate risk from climate 

21 change and may have experienced long-standing 

22 unmet needs and underinvestment in critical infra23 structure. 


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1 (7) How Federal agencies can track and mon2 itor federally-funded climate resilient infrastructure 

3 in a coordinated fashion to— 

4 (A) help build an understanding of the 

5 costs and benefits of climate resilient infra6 structure; 

7 (B) build the capacity for climate resilient 

8 infrastructure; and 

9 (C) plan for investments for the future. 

10 (d) COORDINATION AND CONSIDERATIONS.—In car11 rying out its duties, the Working Group shall— 

12 (1) coordinate with other Federal climate 

13 change adaptation planning efforts and strategies 

14 that advance reliability and safety in infrastructure, 

15 including the Mitigation Framework Leadership 

16 Group and the National Mitigation Investment 

17 Strategy; and 

18 (2) consider and build upon existing informa19 tion relating to climate change, including informa20 tion from the most recent National Climate Assess21 ment. 

22 (e) PUBLIC INPUT.—In carrying out its duties, the 

23 Working Group shall, prior to submission of a draft report 

24 under subsection (f), engage in a public stakeholder proc25 ess by— 


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1 (1) holding regional public meetings with key 

2 stakeholders, including climate experts, infrastruc3 ture experts, State, local, and community groups, 

4 and infrastructure finance and insurance experts; 

5 and 

6 (2) providing the public an opportunity to pro7 vide views, for a period of at least 60 days, to the 

8 Working Group regarding the best way to incor9 porate scientific data regarding the projected im10 pacts and risks of climate change into infrastructure 

11 planning, design, engineering, construction, oper12 ation, and maintenance that is funded by the Fed13 eral Government. 

14 (f) PRELIMINARY RECOMMENDATIONS.— 

15 (1) SUBMISSION.—Not later than 1 year after 

16 the date of enactment of this Act, the Working 

17 Group shall submit to the President and Congress a 

18 draft report that includes preliminary recommenda19 tions addressing the each of the matters described in 

20 subsection (c). 

21 (2) PUBLIC COMMENT.—The Working Group 

22 shall make draft report submitted under paragraph 

23 (1) available to the public for comment for a period 

24 of not less than 60 days prior to submission of the 

25 final report under subsection (g). 


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1 (g) FINAL RECOMMENDATIONS.—Not later than 2 

2 years after the date of enactment of this Act, the Working 

3 Group shall submit to the President and Congress a final 

4 report that includes recommendations— 

5 (1) addressing each of the matters described in 

6 subsection (c); 

7 (2) addressing critical information gaps and 

8 challenges identified by the Working Group; 

9 (3) for financing options for Federal, State, 

10 local, Tribal, and territorial governments to help 

11 fund climate-resilient infrastructure; 

12 (4) for a platform or process to facilitate com13 munication between climate scientists, infrastructure 

14 planners, engineers, and other relevant experts; 

15 (5) for a stakeholder process— 

16 (A) to engage with representatives of 

17 State, local, Tribal, territorial, and community 

18 groups regarding the specific challenges and in19 equities faced by historically marginalized com20 munities; and 

21 (B) to provide outreach and education, 

22 shared knowledge, and lessons learned about 

23 climate-resilient infrastructure; and 

24 (6) for a platform for tracking Federal funding 

25 of climate-resilient infrastructure. 


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1 SEC. 1654. UPDATES TO MANUAL ON UNIFORM TRAFFIC 

2 CONTROL DEVICES. 

3 (a) ADDRESSING ALL USERS EQUALLY.—The Sec4 retary shall ensure that current and future editions of the 

5 Manual on Uniform Traffic Control Devices address all 

6 users equally, including vulnerable road users such as pe7 destrians and cyclists. 

8 (b) TIMING OF REGULAR UPDATES.—Pursuant to 

9 the authority granted the Secretary in section 109 of title 

10 23, United States Code, the Secretary shall review the ex11 isting guidance for when updates to the Manual on Uni12 form Traffic Control Devices occur and make any adjust13 ments to that guidance needed to ensure the Secretary is 

14 timely updating the Manual on Uniform Traffic Control 

15 Devices to take into account advances in design standards, 

16 road markings, and traffic devices. The Secretary shall 

17 consider requiring that the Manual on Uniform Traffic 

18 Control Devices be reviewed at least once every 4 years 

19 for any necessary updates. 

20 SEC. 1655. DBE REPORT. 

21 Not later than 18 months after the date of enactment 

22 of this Act, the Comptroller General of the United States 

23 shall submit to Congress, and make available to the public, 

24 a report analyzing the Department of Transportation’s 

25 performance measured against the 8 objectives of the Dis26 advantaged Business Enterprises Program under section 


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1 26.1 of title 49, Code of Federal Regulations. The report 

2 shall identify and provide a list of recipients of Depart3 ment of Transportation funds, such recipient’s overall an4 nual Disadvantaged Business Enterprise goals 

5 (disaggregated by percentage and dollar value), and the 

6 information submitted in sections A and B of such recipi7 ent’s respective Uniform Reports of DBE Awards, Com8 mitments, and Payments for the previous 5 years. 

9 SEC. 1656. STUDY ON IMPACT OF AIR POLLUTION FROM VE10 HICLES IDLING IN SCHOOL ZONES. 

11 Not later than 1 year after the date of enactment 

12 of this Act, the Secretary of Health and Human Services 

13 and the Administrator of the Environmental Protection 

14 Agency, acting jointly, shall— 

15 (1) complete a study on the impacts on the 

16 health of children related to the emission of air pol17 lutants from school buses and other vehicles idling 

18 in school zones; and 

19 (2) submit a report to the Congress on the re20 sults of such study. 

21 SEC. 1657. FOREST SERVICE LEGACY ROADS AND TRAILS 

22 REMEDIATION PROGRAM. 

23 Public Law 88–657 (16 U.S.C. 532 et seq.) (com24 monly known as the ‘‘Forest Roads and Trails Act’’) is 

25 amended by adding at the end the following: 


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1 ‘‘SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS RE2 MEDIATION PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish the Forest Service Legacy Roads and Trails Remedi5 ation Program (referred to in this section as ‘the Pro6 gram’). 

7 ‘‘(b) ADMINISTRATION.—The Program shall be ad8 ministered by the Secretary, acting through the Chief of 

9 the Forest Service. 

10 ‘‘(c) ACTIVITIES.—In carrying out the Program, the 

11 Secretary shall, taking into account predicted changes in 

12 weather and hydrology related to global climate change— 

13 ‘‘(1) carry out storm damage risk reduction, in14 cluding deferred maintenance, repairs, road and trail 

15 relocation, and associated activities on National For16 est System roads, National Forest System trails, 

17 and tunnels and bridges under the jurisdiction of the 

18 Forest Service; 

19 ‘‘(2) restore waterways and natural migration 

20 for fish and other aquatic species by removing, re21 pairing, or replacing culverts or other infrastructure 

22 from such waterways; and 

23 ‘‘(3) decommission National Forest System 

24 roads and unauthorized roads and trails under Na25 tional Forest System jurisdiction in accordance with 

26 subsection (f). 


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1 ‘‘(d) PRIORITY.—In implementing the Program, the 

2 Secretary shall give priority to projects that protect or re3 store— 

4 ‘‘(1) water quality and watershed function; 

5 ‘‘(2) a watershed that supplies a public drinking 

6 water system; 

7 ‘‘(3) the habitat of a threatened, endangered, or 

8 sensitive fish or wildlife species, or species of con9 servation concern; or 

10 ‘‘(4) a watershed for which the Secretary has 

11 completed a watershed protection and restoration ac12 tion plan pursuant to section 304 of the Healthy 

13 Forests Restoration Act of 2003 (16 U.S.C. 6543). 

14 ‘‘(e) NATIONAL FOREST SYSTEM.—Except with re15 spect to a project carried out on a watershed for which 

16 the Secretary has a cooperative agreement under section 

17 323 of the Department of the Interior and Related Agen18 cies Appropriations Act, 1999 (16 U.S.C. 1011a), each 

19 project carried out under this section shall be on a Na20 tional Forest System road, National Forest System trail, 

21 or unauthorized road or trail under National Forest Sys22 tem jurisdiction. 

23 ‘‘(f) UNNEEDED NATIONAL FOREST SYSTEM

24 ROADS.—As soon as practicable after identifying a road 

25 as unneeded under subpart A of part 212 of title 36, Code 


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1 of Federal Regulations (as in effect on the date of the 

2 enactment of this section), the Secretary shall— 

3 ‘‘(1) decommission such road; or 

4 ‘‘(2) convert such road to a system trail. 

5 ‘‘(g) REVIEW; REVISION.—The Secretary shall re6 view, and may revise, an identification made under sub7 part A of part 212 of title 36 Code of Federal Regulations 

8 (as in effect on the date of enactment of this section). 

9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to carry out this section 

11 $100,000,000 for each of fiscal years 2021 through 

12 2030.’’. 

13 SEC. 1658. COMPTROLLER GENERAL REPORT ON HIGH14 SPEED INTERNET CONNECTIVITY IN FEDER15 ALLY-ASSISTED HOUSING. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, the Comptroller General 

18 of the United States shall submit to Congress a report 

19 on broadband service in Federally-assisted housing. 

20 (b) CONTENTS.—The report required under sub21 section (a) shall include— 

22 (1) an analysis of Federally-assisted housing 

23 units that have access to broadband service and the 

24 number of such units that do not have access to 

25 broadband service, disaggregated by State, county, 


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1 and congressional district, that includes geographic 

2 information and any Federal agency responsible for 

3 such units; 

4 (2) an analysis of which such units are not cur5 rently capable of supporting broadband service de6 ployment and would require retrofitting to support 

7 broadband service deployment, disaggregated by 

8 State, county, and congressional district, that in9 cludes geographic information and any Federal 

10 agency responsible for such units; 

11 (3) an analysis of the estimated costs and time12 frame necessary for retrofitting buildings to achieve 

13 100 percent access to broadband service; 

14 (4) an analysis of the challenges to more wide15 spread deployment of broadband service, including 

16 the comparative markets dynamics to expansion in 

17 rural areas and low-income urban areas, and the 

18 challenges to pursuing retrofits to achieve 100 per19 cent access to broadband service; 

20 (5) descriptions of lessons learned from pre21 vious retrofitting actions; 

22 (6) an evaluation of the ConnectHome pilot 

23 program of the Secretary of Housing and Urban De24 velopment; and 


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1 (7) recommendations for Congress for achieving 

2 100 percent access to broadband service in Feder3 ally-assisted housing. 

4 (c) DEFINITIONS.—In this section: 

5 (1) BROADBAND SERVICE.—The term 

6 ‘‘broadband service’’ has the meaning given the term 

7 ‘‘broadband internet access service’’ in section 8.1(b) 

8 of title 47, Code of Federal Regulations, or any suc9 cessor regulation. 

10 (2) FEDERALLY-ASSISTED HOUSING.—In this 

11 section, the term ‘‘Federally-assisted housing’’ 

12 means— 

13 (A) any single-family or multifamily hous14 ing that is assisted under a program adminis15 tered by the Secretary of Housing and Urban 

16 Development or the Secretary of Agriculture; or 

17 (B) housing eligible for a Federal low-in18 come housing tax credit. 

19 SEC. 1659. HISTORIC PRESERVATION FUND. 

20 Section 303102 of title 54, United States Code, is 

21 amended by— 

22 (1) striking ‘‘of fiscal years 2012 to 2023’’ and 

23 inserting ‘‘fiscal year’’; and 

24 (2) striking ‘‘$150,000,000’’ and inserting 

25 ‘‘$300,000,000’’. 


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1 SEC. 1660. HOV FACILITY REVIEW. 

2 Section 166 of title 23, United States Code, is further 

3 amended by adding at the end the following: 

4 ‘‘(h) REVIEW AND REMOVAL.—If the Secretary of 

5 Transportation determines appropriate, 10 years after 

6 construction of an HOV facility operated in compliance 

7 with this section, a State may— 

8 ‘‘(1) conduct a review of such facility; and 

9 ‘‘(2) remove such facility and repay any funds 

10 associated with such facility.’’. 

11 TITLE II—PUBLIC 

12 TRANSPORTATION 

13 Subtitle A—Federal Transit 

14 Administration 

15 SEC. 2101. AUTHORIZATIONS. 

16 (a) IN GENERAL.—Section 5338 of title 49, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 5338. Authorizations 

19 ‘‘(a) GRANTS.— 

20 ‘‘(1) IN GENERAL.—There shall be available 

21 from the Mass Transit Account of the Highway 

22 Trust Fund to carry out sections 5305, 5307, 5308, 

23 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 

24 5337, 5339, and 5340— 

25 ‘‘(A) $17,894,460,367 for fiscal year 2023; 

26 ‘‘(B) $18,201,940,770 for fiscal year 2024; 


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1 ‘‘(C) $18,551,676,708 for fiscal year 2025; 

2 and 

3 ‘‘(D) $18,901,573,693 for fiscal year 

4 2026. 

5 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

6 made available under paragraph (1)— 

7 ‘‘(A) $189,879,151 for fiscal year 2023, 

8 $192,841,266 for fiscal year 2024, 

9 $195,926,726 for fiscal year 2025, and 

10 $199,002,776 for fiscal year 2026, shall be 

11 available to carry out section 5305; 

12 ‘‘(B) $7,505,830,848 for fiscal year 2023, 

13 $7,622,921,809 for fiscal year 2024, 

14 $7,744,888,558 for fiscal year 2025, and 

15 $7,866,483,309 for fiscal year 2026 shall be al16 located in accordance with section 5336 to pro17 vide financial assistance for urbanized areas 

18 under section 5307; 

19 ‘‘(C) $101,510,000 for fiscal year 2023, 

20 $103,093,556 for fiscal year 2024, 

21 $104,743,053 for fiscal year 2025, and 

22 $106,387,519 for fiscal year 2026 shall be 

23 available for grants under section 5308; 

24 ‘‘(D) $434,830,298 for fiscal year 2023, 

25 $441,613,651 for fiscal year 2024, 


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1 $448,679,469 for fiscal year 2025, and 

2 $455,723,737 for fiscal year 2026 shall be 

3 available to carry out section 5310, of which 

4 not less than— 

5 ‘‘(i) $5,075,500 for fiscal year 2023, 

6 $5,154,678 for fiscal year 2024, 

7 $5,237,153 for fiscal year 2025, and 

8 $5,319,376 for fiscal year 2026 shall be 

9 available to carry out section 5310(j); and 

10 ‘‘(ii) $20,302,000 for fiscal year 2023, 

11 $20,618,711 for fiscal year 2024, 

12 $20,948,611 for fiscal year 2025, and 

13 $21,277,504 for fiscal year 2026 shall be 

14 available to carry out section 5310(k); 

15 ‘‘(E) $1,025,199,724 for fiscal year 2023, 

16 $1,041,192,839 for fiscal year 2024, 

17 $1,057,851,925 for fiscal year 2025, and 

18 $1,074,460,200 for fiscal year 2026 shall be 

19 available to carry out section 5311, of which 

20 not less than— 

21 ‘‘(i) $55,679,500 for fiscal year 2023, 

22 $56,392,100 for fiscal year 2024, 

23 $57,134,374 for fiscal year 2025, and 

24 $57,874,383 for fiscal year 2026 shall be 


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1 available to carry out section 5311(c)(1); 

2 and 

3 ‘‘(ii) $50,755,000 for fiscal year 2023, 

4 $51,546,778 for fiscal year 2024, 

5 $52,371,526 for fiscal year 2025, and 

6 $53,193,759 for fiscal year 2026 shall be 

7 available to carry out section 5311(c)(2); 

8 ‘‘(F) $53,498,300 for fiscal year 2023; 

9 $54,020,873 for fiscal year 2024; $54,565,207 

10 for fiscal year 2025; $55,107,881 for fiscal year 

11 2026 shall be available to carry out section 

12 5312, of which not less than— 

13 ‘‘(i) $5,075,500 for fiscal year 2023, 

14 $5,154,678 for fiscal year 2024, 

15 $5,237,153 for fiscal year 2025, and 

16 $5,319,376 for fiscal year 2026 shall be 

17 available to carry out each of sections 

18 5312(d)(3) and 5312(d)(4); 

19 ‘‘(ii) $3,045,300 for fiscal year 2023, 

20 $3,092,807 for fiscal year 2024, 

21 $3,142,292 for fiscal year 2025, and 

22 $3,191,626 for fiscal year 2026 shall be 

23 available to carry out section 5312(h); 

24 ‘‘(iii) $10,151,000 for fiscal year 

25 2023, $10,309,356 for fiscal year 2024, 


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1 $10,474,305 for fiscal year 2025, and 

2 $10,638,752 for fiscal year 2026 shall be 

3 available to carry out section 5312(i); and 

4 ‘‘(iv) $10,075,500 for fiscal year 

5 2023, $10,154,678 for fiscal year 2024, 

6 $10,237,153 for fiscal year 2025, and 

7 $10,319,376 shall be available to carry out 

8 section 5312(j); 

9 ‘‘(G) $23,347,300 for fiscal year 2023, 

10 $23,711,518 for fiscal year 2024, $24,090,902 

11 for fiscal year 2025, and $24,469,129 for fiscal 

12 year 2026 shall be available to carry out section 

13 5314, of which not less than— 

14 ‘‘(i) $4,060,400 for fiscal year 2023, 

15 $4,123,742 for fiscal year 2024, 

16 $4,189,722 for fiscal year 2025, and 

17 $4,255,501 for fiscal year 2026 shall be 

18 available to carry out section of 5314(a); 

19 ‘‘(ii) $5,075,500 for fiscal year 2023, 

20 $5,154,678 for fiscal year 2024, 

21 $5,237,153 for fiscal year 2025, and 

22 $5,319,376 for fiscal year 2026 shall be 

23 available to carry out section 5314(c); and 

24 ‘‘(iii) $12,181,200 for fiscal year 

25 2023, $12,371,227 for fiscal year 2024, 


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1 $12,569,166 for fiscal year 2025, and 

2 $12,766,502 for fiscal year 2026 shall be 

3 available to carry out section 5314(b)(2); 

4 ‘‘(H) $5,075,500 for fiscal year 2023, 

5 $5,154,678 for fiscal year 2024, $5,237,153 for 

6 fiscal year 2025, and $5,319,376 for fiscal year 

7 2026 shall be available to carry out section 

8 5318; 

9 ‘‘(I) $30,453,000 for fiscal year 2023, 

10 $30,928,067 for fiscal year 2024, $31,422,916 

11 for fiscal year 2025, and $31,916,256 for fiscal 

12 year 2026 shall be available to carry out section 

13 5328, of which not less than— 

14 ‘‘(i) $25,377,500 for fiscal year 2023, 

15 $25,773,389 for fiscal year 2024, 

16 $26,185,763 for fiscal year 2025, and 

17 $26,596,880 for fiscal year 2026 shall be 

18 available to carry out section of 5328(b); 

19 and 

20 ‘‘(ii) $2,537,750 for fiscal year 2023, 

21 $2,577,339 for fiscal year 2024, 

22 $2,618,576 for fiscal year 2025, and 

23 $2,659,688 for fiscal year 2026 shall be 

24 available to carry out section 5328(c); 


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1 ‘‘(J) $4,060,400 for fiscal year 2023, 

2 $4,123,742 for fiscal year 2024, $4,189,722 for 

3 fiscal year 2025, and $4,255,501 for fiscal year 

4 2026 shall be available to carry out section 

5 5335; 

6 ‘‘(K) $5,366,233,728 for fiscal year 2023, 

7 $5,460,789,084 for fiscal year 2024, 

8 $5,560,170,578 for fiscal year 2025, and 

9 $5,660,288,417 for fiscal year 2026 shall be 

10 available to carry out section 5337; 

11 ‘‘(L) to carry out the bus formula program 

12 under section 5339(a)— 

13 ‘‘(i) $1,240,328,213 for fiscal year 

14 2023, $1,259,667,334 for fiscal year 2024, 

15 $1,279,832,171 for fiscal year 2025, and 

16 $1,299,925,536 for fiscal year 2026; ex17 cept that 

18 ‘‘(ii) 15 percent of the amounts under 

19 clause (i) shall be available to carry out 

20 5339(d); 

21 ‘‘(M) $437,080,000 for fiscal year 2023, 

22 $424,748,448 for fiscal year 2024, 

23 $387,944,423 for fiscal year 2025, and 

24 $351,100,151 for fiscal year 2026 shall be 

25 available to carry out section 5339(b); 


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1 ‘‘(N) $890,000,000 for fiscal year 2023, 

2 $950,000,000 for fiscal year 2024, 

3 $1,065,000,000 for fiscal year 2025, and 

4 $1,180,000,000 for fiscal year 2026 shall be 

5 available to carry out section 5339(c); and 

6 ‘‘(O) $587,133,905 for each of fiscal years 

7 2023 through 2026 shall be available to carry 

8 out section 5340 to provide financial assistance 

9 for urbanized areas under section 5307 and 

10 rural areas under section 5311, of which— 

11 ‘‘(i) $309,688,908 for each of fiscal 

12 years 2023 through 2026 shall be for 

13 growing States under section 5340(c); and 

14 ‘‘(ii) $277,444,997 for each of fiscal 

15 years 2023 through 2026 shall be for high 

16 density States under section 5340(d). 

17 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au18 thorized to be appropriated to carry out section 5309 

19 $3,500,000,000 for fiscal year 2023, $4,250,000,000 for 

20 fiscal year 2024, $5,000,000,000 for fiscal year 2025, and 

21 5,500,000,000 for fiscal year 2026. 

22 ‘‘(c) ADMINISTRATION.— 

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

24 appropriated to carry out section 5334, 

25 $142,060,785 for fiscal year 2023, $144,191,696 for 


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1 fiscal year 2024, $146,412,248 for fiscal year 2025, 

2 and 148,652,356 for fiscal year 2026. 

3 ‘‘(2) SECTION 5329.—Of the amounts author4 ized to be appropriated under paragraph (1), not 

5 less than $6,000,000 for each of fiscal years 2023 

6 through 2026 shall be available to carry out section 

7 5329. 

8 ‘‘(3) SECTION 5326.—Of the amounts made 

9 available under paragraph (2), not less than 

10 $2,500,000 for each of fiscal years 2023 through 

11 2026 shall be available to carry out section 5326. 

12 ‘‘(d) OVERSIGHT.— 

13 ‘‘(1) IN GENERAL.—Of the amounts made 

14 available to carry out this chapter for a fiscal year, 

15 the Secretary may use not more than the following 

16 amounts for the activities described in paragraph 

17 (2): 

18 ‘‘(A) 0.5 percent of amounts made avail19 able to carry out section 5305. 

20 ‘‘(B) 0.75 percent of amounts made avail21 able to carry out section 5307. 

22 ‘‘(C) 1 percent of amounts made available 

23 to carry out section 5309. 

24 ‘‘(D) 1 percent of amounts made available 

25 to carry out section 601 of the Passenger Rail 


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1 Investment and Improvement Act of 2008 

2 (Public Law 110–432; 126 Stat. 4968). 

3 ‘‘(E) 0.5 percent of amounts made avail4 able to carry out section 5310. 

5 ‘‘(F) 0.5 percent of amounts made avail6 able to carry out section 5311. 

7 ‘‘(G) 1 percent of amounts made available 

8 to carry out section 5337, of which not less 

9 than 25 percent of such amounts shall be avail10 able to carry out section 5329 and of which not 

11 less than 10 percent of such amounts shall be 

12 made available to carry out section 5320. 

13 ‘‘(H) 1 percent of amounts made available 

14 to carry out section 5339 of which not less than 

15 10 percent of such amounts shall be made 

16 available to carry out section 5320. 

17 ‘‘(I) 1 percent of amounts made available 

18 to carry out section 5308. 

19 ‘‘(2) ACTIVITIES.—The activities described in 

20 this paragraph are as follows: 

21 ‘‘(A) Activities to oversee the construction 

22 of a major capital project. 

23 ‘‘(B) Activities to review and audit the 

24 safety and security, procurement, management, 


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1 and financial compliance of a recipient or sub2 recipient of funds under this chapter. 

3 ‘‘(C) Activities to provide technical assist4 ance generally, and to provide technical assist5 ance to correct deficiencies identified in compli6 ance reviews and audits carried out under this 

7 section. 

8 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 

9 Government shall pay the entire cost of carrying out 

10 a contract under this subsection. 

11 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 

12 Funds made available under paragraph (1)(C) shall 

13 be made available to the Secretary before allocating 

14 the funds appropriated to carry out any project 

15 under a full funding grant agreement. 

16 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

17 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

18 FUND.—A grant or contract that is approved by the 

19 Secretary and financed with amounts made available 

20 from the Mass Transit Account of the Highway 

21 Trust Fund pursuant to this section is a contractual 

22 obligation of the Government to pay the Government 

23 share of the cost of the project. 

24 ‘‘(2) GRANTS FINANCED FROM GENERAL

25 FUND.—A grant or contract that is approved by the 


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1 Secretary and financed with amounts from future 

2 appropriations from the general fund of the Treas3 ury pursuant to this section is a contractual obliga4 tion of the Government to pay the Government share 

5 of the cost of the project only to the extent that 

6 amounts are appropriated for such purpose by an 

7 Act of Congress. 

8 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 

9 available by or appropriated under this section shall re10 main available until expended. 

11 ‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE FOR

12 STATE-OWNED ENTERPRISES.— 

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

14 section may not be used in awarding a contract, sub15 contract, grant, or loan to an entity that is owned 

16 or controlled by, is a subsidiary of, or is otherwise 

17 related legally or financially to a corporation based 

18 in a country that— 

19 ‘‘(A) is identified as a nonmarket economy 

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

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

22 the date of enactment of the INVEST in Amer23 ica Act; 

24 ‘‘(B) was identified by the United States 

25 Trade Representative in the most recent report 


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1 required by section 182 of the Trade Act of 

2 1974 (19 U.S.C. 2242) as a priority foreign 

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

4 and 

5 ‘‘(C) is subject to monitoring by the Trade 

6 Representative under section 306 of the Trade 

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

8 ‘‘(2) EXCEPTION.—For purposes of paragraph 

9 (1), the term ‘otherwise related legally or financially’ 

10 does not include a minority relationship or invest11 ment. 

12 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub13 section shall be applied in a manner consistent with 

14 the obligations of the United States under inter15 national agreements.’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 5312(i)(1) of title 49, United States 

18 Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ 

19 and inserting ‘‘5338(a)(2)(F)(iii)’’. 

20 (2) Section 5333(b) of title 49, United States 

21 Code, is amended by striking ‘‘5328, 5337, and 

22 5338(b)’’ each place it appears and inserting ‘‘and 

23 5337’’. 


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1 (3) Section 5336 of title 49, United States 

2 Code, is amended in subsection (d)(1) by striking 

3 ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’. 

4 (4) Subsections (c) and (d)(1) of section 5327 

5 of title 49, United States Code, are amended by 

6 striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 

7 (5) Section 5340(b) of title 49, United States 

8 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and 

9 inserting ‘‘5338(a)(2)(O)’’. 

10 SEC. 2102. CHAPTER 53 DEFINITIONS. 

11 Section 5302 of title 49, United States Code, is 

12 amended— 

13 (1) in paragraph (1)(E)— 

14 (A) by striking ‘‘and the installation’’ and 

15 inserting ‘‘, the installation’’; and 

16 (B) by inserting ‘‘, charging stations and 

17 docks for electric micromobility devices, and 

18 bikeshare projects’’ after ‘‘public transportation 

19 vehicles’’; 

20 (2) in paragraph (3)— 

21 (A) in subparagraph (G) by striking clause 

22 (iii) and inserting the following: 

23 ‘‘(iii) provides a fair share of revenue 

24 established by the Secretary that will be 

25 used for public transportation, except for a 


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1 joint development that is a community 

2 service (as defined by the Federal Transit 

3 Administration), publicly operated facility, 

4 or offers a minimum of 50 percent of units 

5 as affordable housing, meaning legally 

6 binding affordability restricted housing 

7 units available to tenants with incomes 

8 below 60 percent of the area median in9 come or owners with incomes below the 

10 area median;’’; 

11 (B) in subparagraph (M) strike ‘‘; or’’ and 

12 insert a semicolon; 

13 (C) in subparagraph (N)— 

14 (i) by striking ‘‘no emission’’ and in15 serting ‘‘zero emission’’; and 

16 (ii) by striking ‘‘(as defined in section 

17 5339(c)) or facilities.’’ and inserting ‘‘or 

18 facilities; or’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(O) the employment of forensic consult21 ants, cybersecurity experts, or third-party pene22 tration testers to identify, evaluate, test, and 

23 patch ransomware attack vulnerabilities.’’; and 

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

25 ‘‘(25) RESILIENCE.— 


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

2 means, with respect to a facility, the ability 

3 to— 

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

5 to conditions; or 

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

7 rapidly from disruptions. 

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

9 with respect to a facility, the ability to— 

10 ‘‘(i) resist hazards or withstand im11 pacts from disruptions; 

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

13 or impact of a disruption; or 

14 ‘‘(iii) have the absorptive capacity, 

15 adaptive capacity, and recoverability to de16 crease vulnerability to a disruption. 

17 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 

18 term ‘assault on a transit worker’ means any cir19 cumstance in which an individual knowingly, without 

20 lawful authority or permission, and with intent to 

21 endanger the safety of any individual, or with a 

22 reckless disregard for the safety of human life, inter23 feres with, disables, or incapacitates any transit 

24 worker while the transit worker is performing his or 

25 her duties.’’. 


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1 SEC. 2103. GENERAL PROVISIONS. 

2 Section 5323 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (d)— 

5 (A) in paragraph (1) by striking ‘‘urban 

6 area’’ and inserting ‘‘urbanized area’’; 

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

8 ‘‘(3) EXCEPTIONS.—This subsection shall not 

9 apply to financial assistance under this chapter— 

10 ‘‘(A) in which the non-Federal share of 

11 project costs are provided from amounts re12 ceived under a service agreement with a State 

13 or local social service agency or private social 

14 service organization pursuant to section 

15 5307(d)(3)(E) or section 5311(g)(3)(C); 

16 ‘‘(B) provided to a recipient or sub17 recipient whose sole receipt of such assistance 

18 derives from section 5310; or 

19 ‘‘(C) provided to a recipient operating a 

20 fixed route service that is— 

21 ‘‘(i) for a period of less than 15 days; 

22 ‘‘(ii) accessible to the public; 

23 ‘‘(iii) contracted by a local govern24 ment entity that provides local cost share 

25 to the recipient; 


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1 ‘‘(iv) not contracted for the purposes 

2 of a convention or on behalf of a conven3 tion and visitors bureau; and 

4 ‘‘(v) limited to the service area in 

5 which the recipient provides regularly 

6 scheduled public transportation service. 

7 ‘‘(4) GUIDELINES.—The Secretary shall publish 

8 guidelines for grant recipients and private bus oper9 ators that clarify when and how a transit agency 

10 may provide the service in the event a registered 

11 charter provider does not contact the customer, pro12 vide a quote, or provide the service.’’; 

13 (2) in subsection (h)— 

14 (A) in paragraph (1) by adding ‘‘or’’ at the 

15 end; and 

16 (B) by striking paragraph (2) and redesig17 nating paragraph (3) as paragraph (2); 

18 (3) by striking subsection (j) and inserting the 

19 following: 

20 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

22 that an individual who believes that he or she, or a 

23 specific class in which the individual belongs, has 

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1 vate nonprofit organization, or Tribe that operates a 

2 public transportation service and is a recipient or 

3 subrecipient of funds under this chapter, may, by 

4 the individual or by an authorized representative, file 

5 a complaint with the Department of Transportation. 

6 ‘‘(2) PROCEDURES.—Not later than 1 year 

7 after the date of enactment of the INVEST in 

8 America Act, the Secretary shall implement proce9 dures that allow an individual to submit a complaint 

10 described in paragraph (1) by phone, mail-in form, 

11 and online through the website of the Office of Civil 

12 Rights of the Federal Transit Administration. 

13 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL14 ITIES.—Not later than 12 months after the date of 

15 enactment of the INVEST in America Act, the Sec16 retary shall require that each public transit provider 

17 and contractor providing paratransit services shall 

18 include on a publicly available website of the service 

19 provider, any related mobile device application, and 

20 online service— 

21 ‘‘(A) notice that an individual can file a 

22 disability-related complaint with the local tran23 sit agency and the process and any timelines for 

24 filing such a complaint; 


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1 ‘‘(B) the telephone number, or a com2 parable electronic means of communication, for 

3 the disability assistance hotline of the Office of 

4 Civil Rights of the Federal Transit Administra5 tion; 

6 ‘‘(C) notice that a consumer can file a dis7 ability related complaint with the Office of Civil 

8 Rights of the Federal Transit Administration; 

9 and 

10 ‘‘(D) an active link to the website of the 

11 Office of Civil Rights of the Federal Transit 

12 Administration for an individual to file a dis13 ability-related complaint. 

14 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not 

15 later than 60 days after the last day of each fiscal 

16 year, the Secretary shall publish a report that lists 

17 the disposition of complaints described in paragraph 

18 (1), including— 

19 ‘‘(A) the number and type of complaints 

20 filed with Department of Transportation; 

21 ‘‘(B) the number of complaints inves22 tigated by the Department; 

23 ‘‘(C) the result of the complaints that were 

24 investigated by the Department including 

25 whether the complaint was resolved— 


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1 ‘‘(i) informally; 

2 ‘‘(ii) by issuing a violation through a 

3 noncompliance Letter of Findings; or 

4 ‘‘(iii) by other means, which shall be 

5 described; and 

6 ‘‘(D) if a violation was issued for a com7 plaint, whether the Department resolved the 

8 noncompliance by— 

9 ‘‘(i) reaching a voluntary compliance 

10 agreement with the entity; 

11 ‘‘(ii) referring the matter to the Attor12 ney General; or 

13 ‘‘(iii) by other means, which shall be 

14 described. 

15 ‘‘(5) REPORT.—The Secretary shall, upon im16 plementation of this section and annually thereafter, 

17 submit to the Committee on Transportation and In18 frastructure of the House of Representatives, the 

19 Committee on Banking, Housing, and Urban Affairs 

20 of the Senate, and make publicly available a report 

21 containing the information collected under this sec22 tion.’’; 

23 (4) by striking subsection (m) and inserting the 

24 following: 


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1 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

2 ROLLING STOCK PURCHASES.—The Secretary shall pre3 scribe regulations requiring a preaward and postdelivery 

4 review of a grant under this chapter to buy rolling stock 

5 to ensure compliance with bid specifications requirements 

6 of grant recipients under this chapter. Under this sub7 section, grantee inspections and review are required, and 

8 a manufacturer certification is not sufficient.’’; and 

9 (5) by amending subsection (r) to read as fol10 lows: 

11 ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR12 TATION FACILITIES.— 

13 ‘‘(1) IN GENERAL.—A recipient of assistance 

14 under this chapter— 

15 ‘‘(A) may not deny reasonable access for a 

16 private intercity or charter transportation oper17 ator to federally funded public transportation 

18 facilities, including intermodal facilities, park 

19 and ride lots, and bus-only highway lanes; and 

20 ‘‘(B) shall respond to any request for rea21 sonable access within 75 days of the receipt of 

22 the request and, if a recipient of assistance 

23 under this chapter denies access to a private 

24 intercity or charter transportation operator 


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1 based on the reasonable access standards, pro2 vide, in writing, the reasons for the denial. 

3 ‘‘(2) DETERMINING REASONABLE ACCESS.—In 

4 determining reasonable access under paragraph 

5 (1)(A), capacity requirements of the recipient of as6 sistance and the extent to which access would be 

7 detrimental or beneficial to existing public transpor8 tation services must be considered and demographic 

9 makeup of the riders of a private intercity or charter 

10 transportation operator may not be cited as a det11 riment to the provision of access. 

12 ‘‘(3) NOTIFICATION.—If a private intercity or 

13 charter transportation operator requesting access 

14 under this subsection is denied such access by a re15 cipient of assistance under this chapter or does not 

16 receive a written response within 75 days of submit17 ting the request, such operator may notify the Sec18 retary for purposes of inclusion in the report under 

19 paragraph (4). 

20 ‘‘(4) REPORT TO CONGRESS.—The Secretary 

21 shall annually submit to the Committee on Trans22 portation and Infrastructure of the House of Rep23 resentatives and the Committee on Banking, Hous24 ing, and Urban Affairs of the Senate a report listing 


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1 each instance reported under paragraph (3) in 

2 which— 

3 ‘‘(A) a private intercity or charter trans4 portation operator requested reasonable access 

5 and was denied, and the reasons provided by 

6 the recipient of assistance under this chapter 

7 for the denial; and 

8 ‘‘(B) a recipient of assistance under this 

9 chapter did not respond to a request for reason10 able access within 75 days.’’. 

11 SEC. 2104. MISCELLANEOUS PROVISIONS. 

12 (a) STATE OF GOOD REPAIR GRANTS.—Section 

13 5337(e) of title 49, United States Code, is amended by 

14 adding at the end the following: 

15 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding 

16 paragraph (1), the Federal share of the net project 

17 cost of a project to provide accessibility improve18 ments consistent with standards in compliance with 

19 the Americans with Disabilities Act of 1990 (42 

20 U.S.C. 12101 et seq.) shall be 90 percent.’’. 

21 (b) APPORTIONMENTS BASED ON GROWING STATES

22 AND HIGH DENSITY STATES FORMULA FACTORS.—Sec23 tion 5340(a) of title 49, United States Code, is amended 

24 by inserting ‘‘and the District of Columbia’’ after ‘‘United 

25 States’’. 


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1 (c) TECHNICAL ASSISTANCE AND WORKFORCE DE2 VELOPMENT.—Section 5314 of title 49, United States 

3 Code, is amended— 

4 (1) in subsection (a)(1)(B)— 

5 (A) in clause (i) by striking ‘‘; and’’ and 

6 inserting a semicolon; 

7 (B) in clause (ii) by striking ‘‘and vehicle 

8 electronics.’’ and inserting ‘‘cybersecurity and 

9 mitigating the threat of ransomware, and vehi10 cle electronics; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(iii) technical assistance to assist re13 cipients with the impacts of a new census 

14 count.’’; 

15 (2) in subsection (a)(2)— 

16 (A) by redesignating subparagraphs (H) 

17 and (I) as subparagraphs (J) and (K), respec18 tively; and 

19 (B) by inserting after subparagraph (G) 

20 the following: 

21 ‘‘(H) cybersecurity and mitigating the 

22 threat of ransomware;’’; 

23 (3) in subsection (b)(1)(B) by striking ‘‘fe24 males’’ and inserting ‘‘women’’; and 


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1 (4) in subsection (c)(4)(A) by inserting ‘‘, and 

2 not more than 2 percent of amounts under 5311,’’ 

3 after ‘‘5339’’. 

4 (d) NATIONAL TRANSIT DATABASE.—Section 5335 

5 of title 49, United States Code, is amended— 

6 (1) in subsection (a) by inserting ‘‘, including 

7 information on transit routes and ridership on those 

8 routes’’ after ‘‘public sector investment decision’’; 

9 and 

10 (2) in subsection (c) by inserting ‘‘, any data on 

11 each assault on a transit worker, and pedestrian in12 juries and fatalities as a result of an impact with a 

13 bus. Each of the data sets shall be publicly reported 

14 without aggregating the data with other safety data’’ 

15 after ‘‘by the recipient’’. 

16 (e) URBANIZED AREA FORMULA GRANTS.—Section 

17 5307 of title 49, United States Code, is amended— 

18 (1) in subsection (a)(2)(A)— 

19 (A) in clause (i) by striking ‘‘or’’ at the 

20 end; and 

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

22 ‘‘(iii) operate a minimum of 101 buses 

23 and a maximum of 125 buses in fixed 

24 route service or demand response service, 

25 excluding ADA complementary paratransit 


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1 service, during peak service hours, in an 

2 amount not to exceed 25 percent of the 

3 share of the apportionment which is attrib4 utable to such systems within the urban5 ized area, as measured by vehicle revenue 

6 hours; or’’; 

7 (2) in subsection (a)(2)(B)— 

8 (A) in clause (i) by striking ‘‘or’’ at the 

9 end; 

10 (B) in clause (ii) by striking the period at 

11 the end and inserting ‘‘; or’’; and 

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

13 ‘‘(iii) operate a minimum of 101 buses 

14 and a maximum of 125 buses in fixed 

15 route service or demand response service, 

16 excluding ADA complementary paratransit 

17 service, during peak service hours, in an 

18 amount not to exceed 25 percent of the 

19 share of the apportionment allocated to 

20 such systems within the urbanized area, as 

21 determined by the local planning process 

22 and included in the designated recipient’s 

23 final program of projects prepared under 

24 subsection (b).’’; and 

25 (3) in subsection (b)— 


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1 (A) in paragraph (6) by striking ‘‘and’’ at 

2 the end; 

3 (B) by redesignating paragraph (7) as 

4 paragraph (8); and 

5 (C) by inserting after paragraph (6) the 

6 following: 

7 ‘‘(7) ensure that the proposed program of 

8 projects provides improved access to transit for the 

9 individuals described in section 5336(j); and’’. 

10 (f) TECHNICAL CORRECTION.—Section 

11 5307(a)(2)(B)(ii) of title 49, United States Code, is 

12 amended by striking ‘‘service during peak’’ and inserting 

13 ‘‘service, during peak’’. 

14 (g) TRANSPORTATION DEVELOPMENT CREDITS AS

15 LOCAL MATCH.— 

16 (1) SECTION 5307.—Section 5307(d)(3) of title 

17 49, United States Code, is amended— 

18 (A) in subparagraph (D) by striking ‘‘; 

19 and’’ and inserting a semicolon; 

20 (B) in subparagraph (E) by striking the 

21 period and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(F) transportation development credits.’’. 

24 (2) SECTION 5309.—Section 5309 of title 49, 

25 United States Code, is amended— 


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1 (A) in subsection (f) by adding at the end 

2 the following: 

3 ‘‘(3) TRANSPORTATION DEVELOPMENT CRED4 ITS.—For purposes of assessments and determina5 tions under this subsection or subsection (h), trans6 portation development credits that are included as a 

7 source of local financing or match shall be treated 

8 the same as other sources of local financing.’’; and 

9 (B) in subsection (l)(4)— 

10 (i) in subparagraph (B) by striking ‘‘; 

11 or’’ and inserting a semicolon; 

12 (ii) in subparagraph (C) by striking 

13 the period and inserting a semicolon; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(D) transportation development credits; 

17 or’’. 

18 (3) SECTION 5339.—Section 5339(a)(7)(B) of 

19 title 49, United States Code, is amended— 

20 (A) in clause (iv) by striking ‘‘; or’’ and in21 serting a semicolon; 

22 (B) in clause (v) by striking the period and 

23 inserting ‘‘; or’’; and 

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


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1 ‘‘(vi) transportation development cred2 its.’’. 

3 (h) CLARIFICATION OF INCIDENTAL USE.—Section 

4 5310(b)(7) of title 49, United States Code, is amended— 

5 (1) in the header by inserting ‘‘AND INCI6 DENTAL USE’’ after ‘‘INDIVIDUALS’’; 

7 (2) by inserting ‘‘or providing other incidental 

8 services’’ after ‘‘individuals’’; and 

9 (3) by striking ‘‘delivery service does not con10 flict’’ and inserting ‘‘service does not conflict’’. 

11 SEC. 2105. POLICIES AND PURPOSES. 

12 Section 5301(b) of title 49, United States Code, is 

13 amended— 

14 (1) in paragraph (7) by striking ‘‘; and’’ and in15 serting a semicolon; 

16 (2) in paragraph (8) by striking the period and 

17 inserting a semicolon; and 

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

19 ‘‘(9) reduce the contributions of the surface 

20 transportation system to the total carbon pollution 

21 of the United States; and 

22 ‘‘(10) improve the resiliency of the public trans23 portation network to withstand weather events and 

24 other natural disasters.’’. 


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1 SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS. 

2 For fiscal years 2022 and 2023, the Secretary of 

3 Transportation shall apportion and distribute formula 

4 funds provided for under chapter 53 of title 49, United 

5 States Code, using data submitted to the 2019 National 

6 Transit Database. 

7 SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 

8 Section 5303 of title 49, United States Code, is fur9 ther amended— 

10 (1) by amending subsection (a)(1) to read as 

11 follows: 

12 ‘‘(1) to encourage and promote the safe and ef13 ficient management, operation, and development of 

14 surface transportation systems that will serve the 

15 mobility needs of people and freight, foster economic 

16 growth and development within and between States 

17 and urbanized areas, and take into consideration re18 siliency and climate change adaptation needs while 

19 reducing transportation-related fuel consumption, air 

20 pollution, and greenhouse gas emissions through 

21 metropolitan and statewide transportation planning 

22 processes identified in this chapter; and’’. 

23 (2) in subsection (b)— 

24 (A) by redesignating paragraphs (6) and 

25 (7) as paragraphs (7) and (8), respectively; and 


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1 (B) by inserting after paragraph (5) the 

2 following: 

3 ‘‘(6) STIP.—The term ‘STIP’ means a state4 wide transportation improvement program developed 

5 by a State under section 135(g).’’; 

6 (3) in subsection (c)— 

7 (A) in paragraph (1) by striking ‘‘and 

8 transportation improvement programs’’ and in9 serting ‘‘and TIPs’’; and 

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

11 ‘‘(4) CONSIDERATION.—In developing the plans 

12 and TIPs, metropolitan planning organizations shall 

13 consider direct and indirect emissions of greenhouse 

14 gases.’’; 

15 (4) in subsection (d)— 

16 (A) in paragraph (2) by striking ‘‘Not 

17 later than 2 years after the date of enactment 

18 of the Federal Public Transportation Act of 

19 2012, each’’ and inserting ‘‘Each’’; 

20 (B) in paragraph (3) by adding at the end 

21 the following: 

22 ‘‘(D) EQUITABLE AND PROPORTIONAL

23 REPRESENTATION.— 

24 ‘‘(i) IN GENERAL.—For officials or 

25 representatives under paragraph (2), the 


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1 metropolitan planning organization shall 

2 ensure the equitable and proportional rep3 resentation of the population of the metro4 politan planning area. 

5 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

6 this paragraph shall require a metropolitan 

7 planning organization in existence on the 

8 date of enactment of this subparagraph to 

9 be restructured. 

10 ‘‘(iii) REDESIGNATION.—Notwith11 standing clause (ii), the requirements of 

12 this paragraph shall apply to any metro13 politan planning organization redesignated 

14 under paragraph (6).’’; 

15 (C) in paragraph (6)(B) by striking ‘‘para16 graph (2)’’ and inserting ‘‘paragraphs (2) or 

17 (3)(D)’’; and 

18 (D) in paragraph (7)— 

19 (i) by striking ‘‘an existing metropoli20 tan planning area’’ and inserting ‘‘an ur21 banized area’’; and 

22 (ii) by striking ‘‘the existing metro23 politan planning area’’ and inserting ‘‘the 

24 area’’; 

25 (5) in subsection (g)— 


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1 (A) in paragraph (1) by striking ‘‘a metro2 politan area’’ and inserting ‘‘an urbanized 

3 area’’; 

4 (B) in paragraph (2) by striking ‘‘MPOS’’ 

5 and inserting ‘‘METROPOLITAN PLANNING

6 AREAS’’; 

7 (C) in paragraph (3)(A) by inserting 

8 ‘‘emergency response and evacuation, climate 

9 change adaptation and resilience,’’ after ‘‘dis10 aster risk reduction,’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(4) COORDINATION BETWEEN MPOS.— 

13 ‘‘(A) IN GENERAL.—If more than one met14 ropolitan planning organization is designated 

15 within an urbanized area under subsection 

16 (d)(7), the metropolitan planning organizations 

17 designated within the area shall ensure, to the 

18 maximum extent practicable, the consistency of 

19 any data used in the planning process, includ20 ing information used in forecasting transpor21 tation demand. 

22 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

23 paragraph requires metropolitan planning orga24 nizations designated within a single urbanized 

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1 cluding a unified long-range transportation plan 

2 or unified TIP.’’; 

3 (6) in subsection (h)(1)— 

4 (A) by striking subparagraph (E) and in5 serting the following: 

6 ‘‘(E) protect and enhance the environment, 

7 promote energy conservation, reduce greenhouse 

8 gas emissions, improve the quality of life and 

9 public health, and promote consistency between 

10 transportation improvements and State and 

11 local planned growth and economic development 

12 patterns, including housing and land use pat13 terns;’’; 

14 (B) in subparagraph (H) by striking 

15 ‘‘and’’ at the end; 

16 (C) in subparagraph (I) by striking the pe17 riod at the end and inserting ‘‘and reduce or 

18 mitigate stormwater, sea level rise, extreme 

19 weather, and climate change impacts of surface 

20 transportation;’’; and 

21 (D) by inserting after subparagraph (I) the 

22 following: 

23 ‘‘(J) support emergency management, re24 sponse, and evacuation and hazard mitigation; 


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1 ‘‘(K) improve the level of transportation 

2 system access; and 

3 ‘‘(L) support inclusive zoning policies and 

4 land use planning practices that incentivize af5 fordable, elastic, and diverse housing supply, fa6 cilitate long-term economic growth by improving 

7 the accessibility of housing to jobs, and prevent 

8 high housing costs from displacing economically 

9 disadvantaged households.’’; 

10 (7) in subsection (h)(2) by striking subpara11 graph (A) and inserting the following: 

12 ‘‘(A) IN GENERAL.—Through the use of a 

13 performance-based approach, transportation in14 vestment decisions made as a part of the metro15 politan transportation planning process shall 

16 support the national goals described in section 

17 150(b) of title 23, the achievement of metro18 politan and statewide targets established under 

19 section 150(d) of title 23, the improvement of 

20 transportation system access (consistent with 

21 section 150(f)) of title 23, and the general pur22 poses described in section 5301 of this title.’’; 

23 (8) in subsection (i)— 


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1 (A) in paragraph (2)(D)(i) by inserting 

2 ‘‘reduce greenhouse gas emissions and’’ before 

3 ‘‘restore and maintain’’; 

4 (B) in paragraph (2)(G) by inserting ‘‘and 

5 climate change’’ after ‘‘infrastructure to natural 

6 disasters’’; 

7 (C) in paragraph (2)(H) by inserting 

8 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 

9 (D) in paragraph (5)— 

10 (i) in subparagraph (A) by inserting 

11 ‘‘air quality, public health, housing, trans12 portation, resilience, hazard mitigation, 

13 emergency management,’’ after ‘‘conserva14 tion,’’; and 

15 (ii) by striking subparagraph (B) and 

16 inserting the following: 

17 ‘‘(B) ISSUES.—The consultation shall in18 volve, as appropriate, comparison of transpor19 tation plans to other relevant plans, including, 

20 if available— 

21 ‘‘(i) State conservation plans or maps; 

22 and 

23 ‘‘(ii) inventories of natural or historic 

24 resources.’’; and 


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1 (E) by amending paragraph (6)(C) to read 

2 as follows: 

3 ‘‘(C) METHODS.— 

4 ‘‘(i) IN GENERAL.—In carrying out 

5 subparagraph (A), the metropolitan plan6 ning organization shall, to the maximum 

7 extent practicable— 

8 ‘‘(I) hold any public meetings at 

9 convenient and accessible locations 

10 and times; 

11 ‘‘(II) employ visualization tech12 niques to describe plans; and 

13 ‘‘(III) make public information 

14 available in electronically accessible 

15 format and means, such as the inter16 net, as appropriate to afford reason17 able opportunity for consideration of 

18 public information under subpara19 graph (A). 

20 ‘‘(ii) ADDITIONAL METHODS.—In ad21 dition to the methods described in clause 

22 (i), in carrying out subparagraph (A), the 

23 metropolitan planning organization shall, 

24 to the maximum extent practicable— 


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1 ‘‘(I) use virtual public involve2 ment, social media, and other web3 based tools to encourage public 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 (9) in subsection (j) by striking ‘‘transportation 

12 improvement program’’ and inserting ‘‘TIP’’ each 

13 place it appears; and 

14 (10) by striking ‘‘Federally’’ each place it ap15 pears and inserting ‘‘federally’’. 

16 SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS17 PORTATION PLANNING. 

18 Section 5304 of title 49, United States Code, is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1) by striking ‘‘state22 wide transportation improvement program’’ and 

23 inserting ‘‘STIP’’; 

24 (B) in paragraph (2)— 


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1 (i) by striking ‘‘The statewide trans2 portation plan and the’’ and inserting the 

3 following: 

4 ‘‘(A) IN GENERAL.—The statewide trans5 portation plan and the’’; 

6 (ii) by striking ‘‘transportation im7 provement program’’ and inserting 

8 ‘‘STIP’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(B) CONSIDERATION.—In developing the 

12 statewide transportation plans and STIPs, 

13 States shall consider direct and indirect emis14 sions of greenhouse gases.’’; and 

15 (C) in paragraph (3) by striking ‘‘trans16 portation improvement program’’ and inserting 

17 ‘‘STIP’’; 

18 (2) in subsection (d)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (E)— 

21 (I) by inserting ‘‘reduce green22 house gas emissions,’’ after ‘‘promote 

23 energy conservation,’’; 


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1 (II) by inserting ‘‘and public 

2 health’’ after ‘‘improve the quality of 

3 life’’; and 

4 (III) by inserting ‘‘, including 

5 housing and land use patterns’’ after 

6 ‘‘economic development patterns’’; 

7 (ii) in subparagraph (H) by striking 

8 ‘‘and’’; 

9 (iii) in subparagraph (I) by striking 

10 the period at the end and inserting ‘‘and 

11 reduce or mitigate stormwater, sea level 

12 rise, extreme weather, and climate change 

13 impacts of surface transportation;’’; and 

14 (iv) by adding at the end the fol15 lowing: 

16 ‘‘(J) facilitate emergency management, re17 sponse, and evacuation and hazard mitigation; 

18 ‘‘(K) improve the level of transportation 

19 system access; and 

20 ‘‘(L) support inclusive zoning policies and 

21 land use planning practices that incentivize af22 fordable, elastic, and diverse housing supply, fa23 cilitate long-term economic growth by improving 

24 the accessibility of housing to jobs, and prevent 


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1 high housing costs from displacing economically 

2 disadvantaged households.’’; 

3 (B) in paragraph (2)— 

4 (i) by striking subparagraph (A) and 

5 inserting the following: 

6 ‘‘(A) IN GENERAL.—Through the use of a 

7 performance-based approach, transportation in8 vestment decisions made as a part of the state9 wide transportation planning process shall sup10 port— 

11 ‘‘(i) the national goals described in 

12 section 150(b) of title 23; 

13 ‘‘(ii) the consideration of transpor14 tation system access (consistent with sec15 tion 150(f) of title 23); 

16 ‘‘(iii) the achievement of statewide 

17 targets established under section 150(d) of 

18 title 23; and 

19 ‘‘(iv) the general purposes described 

20 in section 5301 of this title.’’; and 

21 (ii) in subparagraph (D) by striking 

22 ‘‘statewide transportation improvement 

23 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 

19 amended by adding at the end the following: 

20 ‘‘(f) 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) 

25 being procured do not contain or use any covered teleVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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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 SEC. 2114. FORMULA FUNDS FOR RURAL AREAS. 

7 Section 5311(a)(1) of title 49, United States Code, 

8 is amended— 

9 (1) by striking ‘‘means a State’’ and inserting 

10 the following: ‘‘means— 

11 ‘‘(A) a State’’; 

12 (2) by striking ‘‘Government.’’ and inserting 

13 ‘‘Government; or’’; and 

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

15 ‘‘(B) a State or local governmental entity 

16 that operates a public transportation service 

17 and receives and administers Federal transit 

18 program grant funds for both rural and urban 

19 areas.’’. 


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1 Subtitle B—Improving Frequency 

2 and Ridership 

3 SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 

4 RIDERSHIP COMPETITIVE GRANTS. 

5 (a) IN GENERAL.—Chapter 53 of title 49, United 

6 States Code, is amended by inserting after section 5307 

7 the following new section: 

8 ‘‘§ 5308. Multi-jurisdictional bus frequency and rider9 ship competitive grants 

10 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

11 under this section, on a competitive basis, to eligible re12 cipients to increase the frequency of bus service and the 

13 ridership of public transit buses. 

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

15 under this section, an eligible recipient shall submit to the 

16 Secretary an application at such time, in such manner, 

17 and containing such information as the Secretary may re18 quire. 

19 ‘‘(c) APPLICATION TIMING.—Not later than 90 days 

20 after amounts are made available to carry out this section, 

21 the Secretary shall solicit grant applications from eligible 

22 recipients for projects described in subsection (d). 

23 ‘‘(d) USES OF FUNDS.—An eligible recipient of a 

24 grant under this section shall use such grant for transpor25 tation capital projects that— 


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1 ‘‘(1) increase— 

2 ‘‘(A) the frequency of bus service; 

3 ‘‘(B) bus ridership; and 

4 ‘‘(C) total person throughput; and 

5 ‘‘(2) are consistent with, and as described in, 

6 the design guidance issued by the National Associa7 tion of City Transportation Officials and titled 

8 ‘Transit Street Design Guide’. 

9 ‘‘(e) GRANT CRITERIA.—In making grants under this 

10 section, the Secretary shall consider the following: 

11 ‘‘(1) Each eligible recipient’s projected increase 

12 in bus frequency. 

13 ‘‘(2) Each eligible recipient’s projected increase 

14 in bus ridership. 

15 ‘‘(3) Each eligible recipient’s projected increase 

16 in total person throughput. 

17 ‘‘(4) The degree of regional collaboration de18 scribed in each eligible recipient’s application, in19 cluding collaboration with— 

20 ‘‘(A) a local government entity that oper21 ates a public transportation service; 

22 ‘‘(B) local government agencies that con23 trol street design; 

24 ‘‘(C) metropolitan planning organizations 

25 (as such term is defined in section 5303); and 


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1 ‘‘(D) State departments of transportation. 

2 ‘‘(f) GRANT TIMING.—The Secretary shall award 

3 grants under this section not later than 120 days after 

4 the date on which the Secretary completes the solicitation 

5 described in subsection (c). 

6 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car7 rying out the program under this section, the Secretary 

8 shall— 

9 ‘‘(1) not later than the date described in sub10 section (c), publish in the Federal Register a list of 

11 all metrics and evaluation procedures to be used in 

12 making grants under this section; and 

13 ‘‘(2) publish in the Federal Register— 

14 ‘‘(A) a summary of the final metrics and 

15 evaluations used in making grants under this 

16 section; and 

17 ‘‘(B) a list of the ratings of eligible recipi18 ents receiving a grant under this section based 

19 on such metrics and evaluations. 

20 ‘‘(h) FEDERAL SHARE.— 

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

22 cost of a project carried out under this section shall 

23 not exceed 80 percent. 

24 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 

25 Secretary may make a grant for a project under this 


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1 section in an amount up to 150 percent of the 

2 amount— 

3 ‘‘(A) provided for such project under title 

4 23; and 

5 ‘‘(B) provided for such project from non6 Federal funds budgeted for roadways. 

7 ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 

8 otherwise provided in this section, a grant under this sec9 tion shall be subject to the requirements of section 5307. 

10 ‘‘(j) AVAILABILITY OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Amounts made available to 

12 carry out this section shall remain available for 4 

13 fiscal years after the fiscal year for which the 

14 amount was made available. 

15 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expi16 ration of the period described in paragraph (1) for 

17 an amount made available to carry out this section, 

18 any unobligated amounts made available to carry out 

19 this section shall be added to the amounts made 

20 available for the following fiscal year. 

21 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the 

22 term ‘eligible recipient’ means a recipient of a grant under 

23 section 5307 in an urbanized area with a population great24 er than 500,000.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 53 of title 49, United States Code, is amended by in3 serting after the item relating to section 5307 the fol4 lowing new item: 

‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. 

5 SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR6 MULA. 

7 Section 5336 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (2)— 

11 (i) in subparagraph (A)— 

12 (I) in the matter preceding clause 

13 (i) by striking ‘‘95.61 percent’’ and 

14 inserting ‘‘95 percent’’; 

15 (II) in clause (i) by striking 

16 ‘‘95.61 percent’’ and inserting ‘‘95 

17 percent’’; and 

18 (III) in clause (ii) by striking 

19 ‘‘95.61 percent’’ and inserting ‘‘95 

20 percent’’; and 

21 (ii) in subparagraph (B)— 

22 (I) in the matter preceding clause 

23 (i) by striking ‘‘4.39 percent’’ and in24 serting ‘‘5 percent’’; 

25 (II) in clause (i)— 


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1 (aa) by inserting ‘‘in the 

2 highest 25 percent of routes by 

3 ridership’’ before ‘‘multiplied 

4 by’’; and 

5 (bb) by striking ‘‘vehicle 

6 passenger miles traveled for each 

7 dollar of operating cost in an 

8 area’’ and inserting ‘‘vehicles op9 erating in peak revenue service 

10 per hour in the highest 25 per11 cent of routes by ridership’’; and 

12 (III) in clause (ii)— 

13 (aa) by inserting ‘‘in the 

14 highest 25 percent of routes by 

15 ridership’’ before ‘‘multiplied 

16 by’’; and 

17 (bb) by striking ‘‘vehicle 

18 passenger miles traveled for each 

19 dollar of operating cost in all 

20 areas’’ and inserting ‘‘vehicles 

21 operating in peak revenue service 

22 per hour in the highest 25 per23 cent of routes by ridership’’; and 

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


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1 ‘‘(3) SPECIAL RULE.—For fiscal years 2023 

2 and 2024, the percentage— 

3 ‘‘(A) in paragraph (2)(A) in the matter 

4 preceding clause (i) shall be treated as 100 per5 cent; and 

6 ‘‘(B) in paragraph (2)(B) in the matter 

7 preceding clause (i) shall be treated as 0 per8 cent.’’; 

9 (2) in subsection (c)— 

10 (A) in paragraph (1) by striking ‘‘90.8 

11 percent’’ and inserting ‘‘90 percent’’ each place 

12 it appears; 

13 (B) in paragraph (2)— 

14 (i) by striking ‘‘9.2 percent’’ and in15 serting ‘‘8 percent’’; 

16 (ii) by striking ‘‘200,000’’ and insert17 ing ‘‘500,000’’; 

18 (iii) by striking subparagraph (A) and 

19 inserting the following: 

20 ‘‘(A) the number of bus passenger miles 

21 traveled on the highest 25 percent of routes by 

22 ridership multiplied by the number of buses op23 erating in peak revenue service per hour on the 

24 highest 25 percent of routes by ridership; di25 vided by’’; and 


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1 (iv) by striking subparagraph (B) and 

2 inserting the following: 

3 ‘‘(B) the total number of bus passenger 

4 miles traveled on the highest 25 percent of 

5 routes by ridership multiplied by the total num6 ber of buses operating in peak revenue service 

7 per hour on the highest 25 percent of routes by 

8 ridership in all areas.’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(3) Two percent of the total amount appor11 tioned under this subsection shall be apportioned so 

12 that each urbanized area with a population of at 

13 least 200,000 and less than 500,000 is entitled to 

14 receive an amount using the formula in paragraph 

15 (1). 

16 ‘‘(4) For fiscal years 2023 and 2024, the per17 centage— 

18 ‘‘(A) in paragraph (1) in the matter pre19 ceding subparagraph (A) shall be treated as 

20 100 percent; 

21 ‘‘(B) in paragraph (2) in the matter pre22 ceding subparagraph (A) shall be treated as 0 

23 percent; and 

24 ‘‘(C) in paragraph (3) shall be treated as 

25 0 percent.’’; and 


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

2 ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this 

3 section, the term ‘peak revenue service’ means the time 

4 period between the time in the morning that an agency 

5 first exceeds the number of midday vehicles in revenue 

6 service and the time in the evening that an agency falls 

7 below the number of midday vehicles in revenue service.’’. 

8 SEC. 2203. MOBILITY INNOVATION. 

9 (a) IN GENERAL.—Chapter 53 of title 49, United 

10 States Code, is amended by inserting after section 5315 

11 the following new section: 

12 ‘‘§ 5316. Mobility innovation 

13 ‘‘(a) IN GENERAL.—Amounts made available to a 

14 covered recipient to carry out sections 5307, 5310, and 

15 5311 may be used by such covered recipient under this 

16 section to assist in the financing of— 

17 ‘‘(1) mobility as a service; and 

18 ‘‘(2) mobility on demand services. 

19 ‘‘(b) FEDERAL SHARE.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graphs (2) and (3), the Federal share of the net cost 

22 of a project carried out under this section shall not 

23 exceed 70 percent. 

24 ‘‘(2) INSOURCING INCENTIVE.—Notwith25 standing paragraph (1), the Federal share of the net 


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1 cost of a project described in paragraph (1) shall, at 

2 the request of the project sponsor, be increased by 

3 up to 10 percent for mobility on demand service op4 erated exclusively by personnel employed by the re5 cipient. 

6 ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith7 standing paragraph (1), the Federal share of the net 

8 cost of a project described in paragraph (1) shall, at 

9 the request of the project sponsor, be increased by 

10 up to 10 percent if such project involves an eligible 

11 use that uses a vehicle that produces zero carbon di12 oxide or particulate matter. 

13 ‘‘(c) ELIGIBLE USES.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall publish 

15 guidance describing eligible activities that are dem16 onstrated to— 

17 ‘‘(A) increase transit ridership; 

18 ‘‘(B) be complementary to fixed route tran19 sit service; 

20 ‘‘(C) demonstrate meaningful improve21 ments in— 

22 ‘‘(i) environmental metrics, including 

23 standards established pursuant to the 

24 Clean Air Act (42 U.S.C. 7401 et seq.) 

25 and greenhouse gas performance targets 


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1 established pursuant to section 150(d) of 

2 title 23; 

3 ‘‘(ii) traffic congestion; 

4 ‘‘(iii) compliance with the require5 ments under the Americans with Disabil6 ities Act of 1990 (42 U.S.C. 12101 et 

7 seq.); 

8 ‘‘(iv) low-income service to increase 

9 access to employment, healthcare, and 

10 other essential services; 

11 ‘‘(v) service during times of the day 

12 when regular transit service is not oper13 ating, as long as regular transit service 

14 hours are not reduced; 

15 ‘‘(vi) new service that operates in 

16 areas of lower density that are unserved or 

17 underserved by regular transit service; 

18 ‘‘(vii) rural service; and 

19 ‘‘(viii) improvement in paratransit 

20 service quality. 

21 ‘‘(2) FARE COLLECTION MODERNIZATION.—In 

22 developing guidance referred to in this section, the 

23 Secretary shall ensure that— 

24 ‘‘(A) all costs associated with installing, 

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1 cluding touchless payment systems, shall be 

2 considered eligible expenses under this title and 

3 subject to the applicable Federal share; and 

4 ‘‘(B) such guidance includes guidance on 

5 how agencies shall provide unbanked and 

6 underbanked users with an opportunity to ben7 efit from mobility as a service platforms. 

8 ‘‘(3) PROHIBITION ON USE OF FUNDS.— 

9 Amounts used by a covered recipient for projects eli10 gible under this section may not be used for— 

11 ‘‘(A) single passenger vehicle miles (in a 

12 passenger motor vehicle, as such term is de13 fined in section 32101, that carries less than 9 

14 passengers), unless the trip— 

15 ‘‘(i) meets the definition of public 

16 transportation; and 

17 ‘‘(ii) begins or completes a fixed route 

18 public transportation trip; 

19 ‘‘(B) deadhead vehicle miles; or 

20 ‘‘(C) any service considered a taxi service 

21 that operates under an exemption from testing 

22 requirements under section 5331. 

23 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried 

24 out under this section shall be treated as if such project 

25 were carried out under the section from which the funds 


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1 were provided to carry out such project, including the ap2 plication of any additional requirements provided for by 

3 law that apply to section 5307, 5310, or 5311, as applica4 ble. 

5 ‘‘(e) WAIVER.— 

6 ‘‘(1) INDIVIDUAL WAIVER.—Except as provided 

7 in paragraphs (2) and (3), the Secretary may waive 

8 any requirement applied to a project carried out 

9 under this section pursuant to subsection (d) if the 

10 Secretary determines that the project would— 

11 ‘‘(A) not undermine labor standards; 

12 ‘‘(B) increase employment opportunities of 

13 the recipient unless the Secretary determines 

14 that such a waiver does not affect employment 

15 opportunities; and 

16 ‘‘(C) be consistent with the public interest. 

17 ‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 

18 Secretary may not waive any requirement under 

19 paragraph (1) for which a waiver is otherwise avail20 able. 

21 ‘‘(3) PROHIBITION OF WAIVER.—Notwith22 standing paragraph (1), the Secretary may not 

23 waive any requirement of— 

24 ‘‘(A) section 5333; 

25 ‘‘(B) section 5331; 


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1 ‘‘(C) section 5302(14); and 

2 ‘‘(D) chapter 53 that establishes a max3 imum Federal share for operating costs. 

4 ‘‘(4) APPLICATION OF SECTION 5320.—Notwith5 standing paragraphs (1) and (2), the Secretary may 

6 only waive the requirements of section 5320 with re7 spect to— 

8 ‘‘(A) a passenger vehicle owned by an indi9 vidual; 

10 ‘‘(B) subsection (q) of such section for any 

11 passenger vehicle not owned by an individual 

12 for the period beginning on the date of enact13 ment of this section and ending 3 years after 

14 such date; 

15 ‘‘(C) any shared micromobility device for 

16 the period beginning on the date of enactment 

17 of this section and ending on the date that is 

18 3 years after such date; and 

19 ‘‘(D) rolling stock that is part of a dedi20 cated fleet of vehicles for the provision of micro21 transit that is operated by, or exclusively on be22 half of, the covered recipient for the period be23 ginning on the date of enactment of this section 

24 and ending on the date that is 3 years after 

25 such date. 


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1 ‘‘(5) LIMITATION.—A waiver issued under sub2 paragraphs (B), (C), or (D) of paragraph (4) may 

3 only be issued on an individual project basis at the 

4 request of the covered recipient and may not be re5 newed or extended beyond the initial 3-year period 

6 of the waiver. 

7 ‘‘(f) OPEN DATA STANDARDS.— 

8 ‘‘(1) IN GENERAL.—Not later than 90 days 

9 after the date of enactment of this section, the Sec10 retary shall initiate procedures under subchapter III 

11 of chapter 5 of title 5 to develop an open data stand12 ard and an application programming interface nec13 essary to carry out this section. 

14 ‘‘(2) REGULATIONS.—The regulations required 

15 under paragraph (1) shall require public transpor16 tation agencies, mobility on demand providers, mo17 bility as a service technology providers, other non18 government actors, and local governments the effi19 cient means to transfer data to— 

20 ‘‘(A) foster the efficient use of transpor21 tation capacity; 

22 ‘‘(B) enhance the management of new 

23 modes of mobility; 

24 ‘‘(C) enable the use of innovative planning 

25 tools; 


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1 ‘‘(D) enable single payment systems for all 

2 mobility on demand services; 

3 ‘‘(E) establish metropolitan planning orga4 nization, State, and local government access to 

5 anonymized data for transportation planning, 

6 real time operations data, and rules; 

7 ‘‘(F) prohibit the transfer of personally 

8 identifiable information; 

9 ‘‘(G) protect confidential business informa10 tion; 

11 ‘‘(H) enhance cybersecurity protections; 

12 and 

13 ‘‘(I) allow data governance, including but 

14 not limited to licensing and terms of informa15 tion sharing, periodic risk assessments, policies 

16 regarding data retention and information han17 dling policies, and anonymization techniques. 

18 ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 

19 Any data received by an entity under this subsection 

20 may not be sold, leased, or otherwise used to gen21 erate profit, except for the direct provision of the re22 lated mobility on demand services and mobility as a 

23 service. 

24 ‘‘(4) COMMITTEE.—A negotiated rulemaking 

25 committee established pursuant to section 565 of 


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1 title 5 to carry out this subsection shall have a max2 imum of 17 members limited to representatives of 

3 the Department of Transportation, State and local 

4 governments, metropolitan planning organizations, 

5 urban and rural covered recipients, associations that 

6 represent public transit agencies, representatives 

7 from at least 3 different organizations engaged in 

8 collective bargaining on behalf of transit workers in 

9 not fewer than 3 States, mobility on demand pro10 viders, and mobility as a service technology pro11 viders. 

12 ‘‘(5) PUBLICATION OF PROPOSED REGULA13 TIONS.—Proposed regulations to implement this sec14 tion shall be published in the Federal Register by 

15 the Secretary not later than 18 months after such 

16 date of enactment. 

17 ‘‘(6) EXTENSION OF DEADLINES.—A deadline 

18 set forth in paragraph (4) may be extended up to 

19 180 days if the negotiated rulemaking committee re20 ferred to in paragraph (5) concludes that the com21 mittee cannot meet the deadline and the Secretary 

22 so notifies the Committee on Transportation and In23 frastructure of the House of Representatives and the 

24 Committee on Banking, Housing, and Urban Affairs 

25 of the Senate. 


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1 ‘‘(g) APPLICATION OF RECIPIENT VEHICLE REV2 ENUE MILES.—With respect to vehicle revenue miles with 

3 one passenger of a covered recipient using amounts under 

4 this section, such miles— 

5 ‘‘(1) shall be included in the National Transit 

6 Database under section 5335; and 

7 ‘‘(2) shall be excluded from vehicle revenue 

8 miles data used in the calculation described in sec9 tion 5336. 

10 ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub11 section (g) shall not apply to any eligible activities under 

12 this section if such activities are— 

13 ‘‘(1) being carried out in compliance with the 

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

15 12101 et seq.); or 

16 ‘‘(2) projects eligible under section 5310 that 

17 exceed the requirements of the Americans with Dis18 abilities Act of 1990 (42 U.S.C. 12101 et seq.). 

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

20 ‘‘(1) COVERED RECIPIENT.—The term ‘covered 

21 recipient’ means a State or local government entity, 

22 private nonprofit organization, or Tribe that— 

23 ‘‘(A) operates a public transportation serv24 ice; and 


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1 ‘‘(B) is a recipient or subrecipient of funds 

2 under section 5307, 5310, or 5311. 

3 ‘‘(2) DEADHEAD VEHICLE MILES.—The term 

4 ‘deadhead vehicle miles’ means the miles that a vehi5 cle travels when out of revenue service, including 

6 leaving or returning to the garage or yard facility, 

7 changing routes, when there is no expectation of car8 rying revenue passengers, and any miles traveled by 

9 a private operator without a passenger. 

10 ‘‘(3) MOBILITY AS A SERVICE.—The term ‘mo11 bility as a service’ means services that constitute the 

12 integration of mobility on demand services and pub13 lic transportation that are available and accessible to 

14 all travelers, provide multimodal trip planning, and 

15 a unified payment system. 

16 ‘‘(4) MOBILITY ON DEMAND.—The term ‘mobil17 ity on demand’ means an on-demand transportation 

18 service shared among individuals, either concurrently 

19 or one after another.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 53 of title 49, United States Code, is amended by in22 serting after the item relating to section 5315 the fol23 lowing new item: 

‘‘5316. Mobility innovation.’’. 

24 (c) EFFECTIVE DATE.—This section and the amend25 ments made by this section shall take effect on the date 


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1 on which the Secretary of Transportation has finalized 

2 both— 

3 (1) the guidance required under section 5316(c) 

4 of title 49, United States Code; and 

5 (2) the regulations required under section 

6 5316(f) of title 49, United States Code. 

7 (d) SAVINGS CLAUSE.—Nothing in this section, or 

8 the amendments made by this section, shall prohibit the 

9 use of funds for an eligible activity or pilot project of a 

10 covered recipient authorized under the law in effect on the 

11 day before the date of enactment of this Act before the 

12 effective date described in subsection (c). 

13 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 

14 Section 5311 of title 49, United States Code, is 

15 amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (2) by adding at the end 

18 the following: 

19 ‘‘(D) CENSUS DESIGNATION.—The Sec20 retary may approve a State program that allo21 cates not more than 5 percent of such State’s 

22 apportionment to assist rural areas that were 

23 redesignated as urban areas not more than 2 

24 fiscal years after the last census designation of 

25 urbanized area boundaries.’’; and 


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1 (B) in paragraph (3) by striking ‘‘section 

2 5338(a)(2)(F)’’ and inserting ‘‘section 

3 5338(a)(2)(E)’’; 

4 (2) in subsection (c)— 

5 (A) in paragraph (1)— 

6 (i) in the matter preceding subpara7 graph (A) by striking ‘‘section 

8 5338(a)(2)(F)’’ and inserting ‘‘section 

9 5338(a)(2)(E)’’; 

10 (ii) in subparagraph (A) by striking 

11 ‘‘$5,000,000’’ and inserting 

12 ‘‘$10,000,000’’; and 

13 (iii) in subparagraph (B) by striking 

14 ‘‘$30,000,000’’ and inserting ‘‘the amount 

15 remaining under section 5338(a)(2)(E)(i) 

16 after the amount under subparagraph (A) 

17 is distributed’’; 

18 (B) in paragraph (2)(C) by striking ‘‘sec19 tion 5338(a)(2)(F)’’ and inserting ‘‘section 

20 5338(a)(2)(E)’’; and 

21 (C) in paragraph (3)— 

22 (i) in subparagraph (A) by striking 

23 ‘‘section 5338(a)(2)(F)’’ and inserting 

24 ‘‘section 5338(a)(2)(E)’’; and 


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1 (ii) by striking subparagraphs (B) and 

2 (C) and inserting the following: 

3 ‘‘(B) LAND AREA.— 

4 ‘‘(i) IN GENERAL.—Subject to clause 

5 (ii), each State shall receive an amount 

6 that is equal to 15 percent of the amount 

7 apportioned under this paragraph, multi8 plied by the ratio of the land area in rural 

9 areas in that State and divided by the land 

10 area in all rural areas in the United 

11 States, as shown by the most recent decen12 nial census of population. 

13 ‘‘(ii) MAXIMUM APPORTIONMENT.— 

14 No State shall receive more than 5 percent 

15 of the amount apportioned under clause 

16 (i). 

17 ‘‘(C) POPULATION.—Each State shall re18 ceive an amount equal to 50 percent of the 

19 amount apportioned under this paragraph, mul20 tiplied by the ratio of the population of rural 

21 areas in that State and divided by the popu22 lation of all rural areas in the United States, as 

23 shown by the most recent decennial census of 

24 population. 

25 ‘‘(D) VEHICLE REVENUE MILES.— 


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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), each State shall receive an amount 

3 that is equal to 25 percent of the amount 

4 apportioned under this paragraph, multi5 plied by the ratio of vehicle revenue miles 

6 in rural areas in that State and divided by 

7 the vehicle revenue miles in all rural areas 

8 in the United States, as determined by na9 tional transit database reporting. 

10 ‘‘(ii) MAXIMUM APPORTIONMENT.— 

11 No State shall receive more than 5 percent 

12 of the amount apportioned under clause 

13 (i). 

14 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each 

15 State shall receive an amount that is equal to 

16 10 percent of the amount apportioned under 

17 this paragraph, multiplied by the ratio of low18 income individuals in rural areas in that State 

19 and divided by the number of low-income indi20 viduals in all rural areas in the United States, 

21 as shown by the Bureau of the Census.’’; 

22 (3) in subsection (f)— 

23 (A) in paragraph (1) by inserting ‘‘A State 

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1 other State to extend a route.’’ before ‘‘Eligible 

2 activities under’’; 

3 (B) in paragraph (2) by inserting ‘‘and 

4 makes the certification and supporting docu5 ments publicly available’’ before the period at 

6 the end; and 

7 (C) by adding at the end the following: 

8 ‘‘(3) MEANINGFUL CONNECTIONS.—All projects 

9 funded under this subsection shall directly serve, or 

10 make meaningful scheduled connections to, the na11 tional intercity bus network.’’; and 

12 (4) in subsection (g) by adding at the end the 

13 following: 

14 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 

15 ‘‘(A) APPLICABLE REGULATIONS.—For 

16 any funds provided by a department or agency 

17 of the Government under paragraph (3)(D) or 

18 by a service agreement under paragraph (3)(C), 

19 and such department or agency has regulations 

20 in place that provide for the valuation of volun21 teer hours as allowable in-kind contributions to22 ward the non-Federal share of project costs, 

23 such regulations shall be used to determine the 

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1 mainder of net project costs for a transit 

2 project funded under this section. 

3 ‘‘(B) LIMITATIONS.—Subparagraph (A) 

4 shall not apply to the provision of fixed-route 

5 bus services funded under this section.’’. 

6 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 

7 Section 5310 of title 49, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 

10 ‘‘(1) IN GENERAL.—Not later than 6 months 

11 after the date of enactment of this subsection, the 

12 Secretary shall establish a one-stop paratransit com13 petitive grant program to encourage an extra stop in 

14 non-fixed route Americans with Disabilities Act of 

15 1990 (42 U.S.C. 12101 et seq.) service for a para16 transit rider to complete essential tasks. 

17 ‘‘(2) PREFERENCE.—The Secretary shall give 

18 preference to eligible recipients that— 

19 ‘‘(A) have comparable data for the year 

20 prior to implementation of the grant program 

21 and made available to the Secretary, academic 

22 and nonprofit organizations for research pur23 poses; and 

24 ‘‘(B) plan to use agency personnel to im25 plement the pilot program. 


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1 ‘‘(3) APPLICATION CRITERIA.—To be eligible to 

2 participate in the grant program, an eligible recipi3 ent shall submit to the Secretary an application con4 taining such information as the Secretary may re5 quire, including information on— 

6 ‘‘(A) locations the eligible entity intends to 

7 allow a stop at, if stops are limited, including— 

8 ‘‘(i) childcare or education facilities; 

9 ‘‘(ii) pharmacies; 

10 ‘‘(iii) grocery stores; and 

11 ‘‘(iv) bank or ATM locations; 

12 ‘‘(B) methodology for informing the public 

13 of the grant program; 

14 ‘‘(C) vehicles, personnel, and other re15 sources that will be used to implement the 

16 grant program; 

17 ‘‘(D) if the applicant does not intend the 

18 grant program to apply to the full area under 

19 the jurisdiction of the applicant, a description 

20 of the geographic area in which the applicant 

21 intends the grant program to apply; and 

22 ‘‘(E) the anticipated amount of increased 

23 operating costs. 

24 ‘‘(4) SELECTION.—The Secretary shall seek to 

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1 gram by selecting a range of eligible entities that in2 cludes at least— 

3 ‘‘(A) 5 eligible recipients that serve an 

4 area with a population of 50,000 to 200,000; 

5 ‘‘(B) 10 eligible recipients that serve an 

6 area with a population of over 200,000; and 

7 ‘‘(C) 5 eligible recipients that provide 

8 transportation for rural communities. 

9 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re10 cipient in this subsection shall provide data as the 

11 Secretary requires, which may include— 

12 ‘‘(A) number of ADA paratransit trips 

13 conducted each year; 

14 ‘‘(B) requested time of each paratransit 

15 trip; 

16 ‘‘(C) scheduled time of each paratransit 

17 trip; 

18 ‘‘(D) actual pickup time for each para19 transit trip; 

20 ‘‘(E) average length of a stop in the middle 

21 of a ride as allowed by this subsection; 

22 ‘‘(F) any complaints received by a para23 transit rider; 

24 ‘‘(G) rider satisfaction with paratransit 

25 services; and 


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1 ‘‘(H) after the completion of the grant, an 

2 assessment by the eligible recipient of its capac3 ity to continue a one-stop program independ4 ently. 

5 ‘‘(6) REPORT.— 

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

7 make publicly available an annual report on the 

8 program carried out under this subsection for 

9 each fiscal year, not later than December 31 of 

10 the calendar year in which such fiscal year 

11 ends. 

12 ‘‘(B) CONTENTS.—The report required 

13 under subparagraph (A) shall include a detailed 

14 description of the activities carried out under 

15 the program, and an evaluation of the program, 

16 including an evaluation of the data shared by 

17 eligible recipients under paragraph (5).’’. 

18 SEC. 2206. NEW MUNICIPAL TRANSIT SERVICES TO BETTER 

19 CONNECT COMMUNITIES. 

20 Section 5336 of title 49, United States Code, is fur21 ther amended by adding at the end the following: 

22 ‘‘(l) PASS THROUGH FUNDING.— 

23 ‘‘(1) PASS THROUGH TO SERVICE PROVIDERS.— 

24 Designated recipients, upon request of a provider of 

25 new public transportation service, shall enter into a 


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1 split letter or some other agreement under which not 

2 less than 80 percent of the funding apportioned 

3 under subparagraphs (A)(i) and (B)(i) of subsection 

4 (c)(1) to a service provider that results from the 

5 provision of new qualified transit services provided 

6 by such provider is passed through to such provider 

7 so long as the following conditions are met— 

8 ‘‘(A) the service being provided as well as 

9 the service provider are eligible for assistance 

10 and meets or exceeds all Federal Transit Ad11 ministration requirements, including the re12 quirements of sections 5320 and 5333; 

13 ‘‘(B) the service provided has submitted 

14 the appropriate data to the National Transit 

15 Database or has submitted such data to an16 other regional entity for submission to the Na17 tional Transit Database; 

18 ‘‘(C) the service provider is eligible to be a 

19 recipient of Federal transit funds; 

20 ‘‘(D) the service provider is able to use the 

21 funding for continued service or expansion of el22 igible transit services so long as any new service 

23 being provided does not duplicate existing serv24 ice being provided; and 


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1 ‘‘(E) the regional metropolitan planning 

2 organization does not opt out of the pass3 through requirement as allowed by paragraph 

4 (2). 

5 ‘‘(2) OPT-OUT.—A metropolitan planning orga6 nization may elect to have designated recipients 

7 within the metropolitan planning area opt-out if 

8 such planning organization certifies with the Sec9 retary that 1 of the following conditions are met: 

10 ‘‘(A) The new service has not met the con11 ditions outlined by paragraph (1) of this sub12 section. 

13 ‘‘(B) The new service does not address or 

14 align with the policies and goals identified in 

15 the region’s transportation plan. 

16 ‘‘(C) The metropolitan planning organiza17 tion or designated recipient has in place a proc18 ess or policy that addresses multi-agency or re19 gional issues with formula funds and includes 

20 an opportunity for new service providers to par21 ticipate and receive necessary funding from 

22 such policy or program. 

23 ‘‘(3) DEFINITIONS.—In this subsection: 

24 ‘‘(A) NEW TRANSIT SERVICES.—The term 

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1 tation services whereby data from the provision 

2 of services has previously not been submitted to 

3 the national transit database and is service cre4 ated to increase access to public transportation, 

5 address areas which are not adequately serviced 

6 by high frequency public transportation, create 

7 first and last mile connections to existing public 

8 transportation services, or provide access to 

9 public transportation to long distance commute 

10 routes where no or limited service previously ex11 isted. 

12 ‘‘(B) SERVICE PROVIDER.—The term ‘serv13 ice provider’— 

14 ‘‘(i) has the meaning given the term 

15 ‘local government authority’ in section 

16 5302; and 

17 ‘‘(ii) means a public transportation 

18 agency.’’. 

19 Subtitle C—Buy America and 

20 Other Procurement Reforms 

21 SEC. 2301. BUY AMERICA. 

22 (a) BUY AMERICA.— 

23 (1) IN GENERAL.—Chapter 53 of title 49, 

24 United States Code, is amended by inserting before 

25 section 5321 the following: 


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1 ‘‘§ 5320. Buy America 

2 ‘‘(a) IN GENERAL.—The Secretary may obligate an 

3 amount that may be appropriated to carry out this chapter 

4 for a project only if the steel, iron, and manufactured 

5 goods used in the project are produced in the United 

6 States. 

7 ‘‘(b) WAIVER.—The Secretary may waive subsection 

8 (a) if the Secretary finds that— 

9 ‘‘(1) applying subsection (a) would be incon10 sistent with the public interest; 

11 ‘‘(2) the steel, iron, and goods produced in the 

12 United States are not produced in a sufficient and 

13 reasonably available amount or are not of a satisfac14 tory quality; 

15 ‘‘(3) when procuring rolling stock (including 

16 train control, communication, traction power equip17 ment, and rolling stock prototypes) under this chap18 ter— 

19 ‘‘(A) the cost of components and sub20 components produced in the United States is 

21 more than 70 percent of the cost of all compo22 nents of the rolling stock; and 

23 ‘‘(B) final assembly of the rolling stock has 

24 occurred in the United States; or 


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1 ‘‘(4) including domestic material will increase 

2 the cost of the overall project by more than 25 per3 cent. 

4 ‘‘(c) WRITTEN WAIVER DETERMINATION AND AN5 NUAL REPORT.— 

6 ‘‘(1) WAIVER PROCEDURE.—Not later than 120 

7 days after the submission of a request for a waiver, 

8 the Secretary shall make a determination under sub9 section (b)(1), (b)(2), or (b)(4) as to whether to 

10 waive subsection (a). 

11 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 

12 ‘‘(A) IN GENERAL.—Not later than 30 

13 days before making a determination regarding a 

14 waiver described in paragraph (1), the Sec15 retary shall provide notification and an oppor16 tunity for public comment on the request for 

17 such waiver. 

18 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

19 notification required under subparagraph (A) 

20 shall— 

21 ‘‘(i) describe whether the application 

22 is being made for a waiver described in 

23 subsection (b)(1), (b)(2) or (b)(4); and 


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1 ‘‘(ii) be provided to the public by elec2 tronic means, including on a public website 

3 of the Department of Transportation. 

4 ‘‘(3) DETERMINATION.—Before a determination 

5 described in paragraph (1) takes effect, the Sec6 retary shall publish a detailed justification for such 

7 determination that addresses all public comments re8 ceived under paragraph (2)— 

9 ‘‘(A) on the public website of the Depart10 ment of Transportation; and 

11 ‘‘(B) if the Secretary issues a waiver with 

12 respect to such determination, in the Federal 

13 Register. 

14 ‘‘(4) ANNUAL REPORT.—Annually, the Sec15 retary shall submit to the Committee on Banking, 

16 Housing, and Urban Affairs of the Senate and the 

17 Committee on Transportation and Infrastructure of 

18 the House of Representatives a report listing any 

19 waiver issued under paragraph (1) during the pre20 ceding year. 

21 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 

22 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 

23 this section, highly skilled labor costs involved in 

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1 ponent in the cost of components and subcompo2 nents under subsection (b)(3)(A). 

3 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT

4 BONUS.—In this section, in calculating the domestic 

5 content of the rolling stock under subsection 

6 (b)(3)(A), the percent, rounded to the nearest whole 

7 number, of the domestic content in components of 

8 such rolling stock, weighted by cost, shall be used in 

9 calculating the domestic content of the rolling stock, 

10 except— 

11 ‘‘(A) with respect to components that ex12 ceed— 

13 ‘‘(i) 70 percent domestic content, the 

14 Secretary shall add 10 additional percent 

15 to the component’s domestic content when 

16 calculating the domestic content of the 

17 rolling stock; and 

18 ‘‘(ii) 75 percent domestic content, the 

19 Secretary shall add 15 additional percent 

20 to the component’s domestic content when 

21 calculating the domestic content of the 

22 rolling stock; and 

23 ‘‘(B) in no case may a component exceed 

24 100 percent domestic content when calculating 

25 the domestic content of the rolling stock. 


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1 ‘‘(3) ROLLING STOCK FRAMES OR CAR

2 SHELLS.— 

3 ‘‘(A) INCLUSION OF COSTS.—Subject to 

4 the substantiation requirement of subparagraph 

5 (B), in calculating the cost of the domestic con6 tent of the rolling stock under subsection 

7 (b)(3), in the case of a rolling stock procure8 ment receiving assistance under this chapter in 

9 which the average cost of a rolling stock vehicle 

10 in the procurement is more than $300,000, if 

11 rolling stock frames or car shells are not pro12 duced in the United States, the Secretary shall 

13 include in the calculation of the domestic con14 tent of the rolling stock the cost of the steel or 

15 iron that is produced in the United States and 

16 used in the rolling stock frames or car shells. 

17 ‘‘(B) SUBSTANTIATION.—If a rolling stock 

18 vehicle manufacturer wishes to include in the 

19 calculation of the vehicle’s domestic content the 

20 cost of steel or iron produced in the United 

21 States and used in the rolling stock frames and 

22 car shells that are not produced in the United 

23 States, the manufacturer shall maintain and 

24 provide upon request a mill certification that 

25 substantiates the origin of the steel or iron. 


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1 ‘‘(4) TREATMENT OF WAIVED COMPONENTS

2 AND SUBCOMPONENTS.—In this section, a compo3 nent or subcomponent waived under subsection (b) 

4 shall be excluded from any part of the calculation re5 quired under subsection (b)(3)(A). 

6 ‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT7 TERY CELL INCENTIVE.—The Secretary shall add 

8 2.5 percent to the total domestic content when calcu9 lating the domestic content of the rolling stock for 

10 any zero-emission vehicle that uses only battery cells 

11 for propulsion that are manufactured domestically. 

12 ‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 

13 ‘‘(A) IN GENERAL.—No labor costs in14 cluded in the cost of a component or subcompo15 nent by the manufacturer of rolling stock may 

16 be treated as rolling stock assembly costs for 

17 purposes of calculating domestic content. 

18 ‘‘(B) VIOLATION.—A violation of this para19 graph shall be treated as a false claim under 

20 subchapter III of chapter 37 of title 31. 

21 ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR

22 COSTS.—In this subsection, the term ‘highly skilled 

23 labor costs’— 

24 ‘‘(A) means the apportioned value of direct 

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1 bly activities of workers directly employed by a 

2 rolling stock original equipment manufacturer 

3 and directly associated with the final assembly 

4 activities of a rolling stock vehicle that advance 

5 the value or improve the condition of the end 

6 product; 

7 ‘‘(B) does not include any temporary or in8 direct activities or those hired via a third-party 

9 contractor or subcontractor; 

10 ‘‘(C) are limited to metalworking, fabrica11 tion, welding, electrical, engineering, and other 

12 technical activities requiring training; 

13 ‘‘(D) are not otherwise associated with ac14 tivities required under section 661.11 of title 

15 49, Code of Federal Regulations; and 

16 ‘‘(E) includes only activities performed in 

17 the United States and does not include that of 

18 foreign nationals providing assistance at a 

19 United States manufacturing facility. 

20 ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND

21 DISCLOSURE.— 

22 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 

23 the Secretary denies an application for a waiver 

24 under subsection (b)(2), the Secretary shall provide 

25 to the applicant a written certification that— 


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1 ‘‘(A) the steel, iron, or manufactured 

2 goods, as applicable, (referred to in this para3 graph as the ‘item’) is produced in the United 

4 States in a sufficient and reasonably available 

5 amount; 

6 ‘‘(B) the item produced in the United 

7 States is of a satisfactory quality; and 

8 ‘‘(C) includes a list of known manufactur9 ers in the United States from which the item 

10 can be obtained. 

11 ‘‘(2) DISCLOSURE.—The Secretary shall dis12 close the waiver denial and the written certification 

13 to the public in the manner described in subsection 

14 (c). 

15 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 

16 make a waiver under subsection (b) for goods produced 

17 in a foreign country if the Secretary, in consultation with 

18 the United States Trade Representative, decides that the 

19 government of that foreign country— 

20 ‘‘(1) has an agreement with the United States 

21 Government under which the Secretary has waived 

22 the requirement of this section; and 

23 ‘‘(2) has violated the agreement by discrimi24 nating against goods to which this section applies 


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1 that are produced in the United States and to which 

2 the agreement applies. 

3 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRE4 SENTATION.—A person is ineligible under subpart 9.4 of 

5 the Federal Acquisition Regulation, or any successor 

6 thereto, to receive a contract or subcontract made with 

7 amounts authorized under title II of division B of the IN8 VEST in America Act if a court or department, agency, 

9 or instrumentality of the Government decides the person 

10 intentionally— 

11 ‘‘(1) affixed a ‘Made in America’ label, or a 

12 label with an inscription having the same meaning, 

13 to goods sold in or shipped to the United States that 

14 are used in a project to which this section applies 

15 but not produced in the United States; or 

16 ‘‘(2) represented that goods described in para17 graph (1) were produced in the United States. 

18 ‘‘(h) STATE REQUIREMENTS.—The Secretary may 

19 not impose any limitation on assistance provided under 

20 this chapter that restricts a State from imposing more 

21 stringent requirements than this subsection on the use of 

22 articles, materials, and supplies mined, produced, or man23 ufactured in foreign countries in projects carried out with 

24 that assistance or restricts a recipient of that assistance 

25 from complying with those State-imposed requirements. 


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1 ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT

2 ERROR.—The Secretary may allow a manufacturer or 

3 supplier of steel, iron, or manufactured goods to correct 

4 after bid opening any certification of noncompliance or 

5 failure to properly complete the certification (but not in6 cluding failure to sign the certification) under this sub7 section if such manufacturer or supplier attests under pen8 alty of perjury that such manufacturer or supplier sub9 mitted an incorrect certification as a result of an inad10 vertent or clerical error. The burden of establishing inad11 vertent or clerical error is on the manufacturer or supplier. 

12 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely 

13 affected by an agency action under this subsection shall 

14 have the right to seek review under section 702 of title 

15 5. 

16 ‘‘(k) STEEL AND IRON.—For purposes of this section, 

17 steel and iron meeting the requirements of section 

18 661.5(b) of title 49, Code of Federal Regulations, may be 

19 considered produced in the United States. 

20 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For pur21 poses of determining whether a purchase qualifies for a 

22 general public interest waiver under subsection (b)(1), in23 cluding under any regulation promulgated under such sub24 section, the term ‘small purchase’ means a purchase of 

25 not more than $150,000. 


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1 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

2 ROLLING STOCK PURCHASES.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall pre4 scribe regulations requiring a preaward and 

5 postdelivery certification of a rolling stock vehicle 

6 that meets the requirements of this section and Gov7 ernment motor vehicle safety requirements to be eli8 gible for a grant under this chapter. For compliance 

9 with this section— 

10 ‘‘(A) Federal inspections and review are 

11 required; 

12 ‘‘(B) a manufacturer certification is not 

13 sufficient; and 

14 ‘‘(C) a rolling stock vehicle that has been 

15 certified by the Secretary remains certified until 

16 the manufacturer makes a material change to 

17 the vehicle, or adjusts the cost of all compo18 nents of the rolling stock, that reduces, by more 

19 than half, the percentage of domestic content 

20 above 70 percent. 

21 ‘‘(2) CERTIFICATION OF PERCENTAGE.— 

22 ‘‘(A) IN GENERAL.—The Secretary may, at 

23 the request of a component or subcomponent 

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1 tic content and place of manufacturing for a 

2 component or subcomponent. 

3 ‘‘(B) PERIOD OF CERTIFICATION.—Any 

4 component or subcomponent certified by the 

5 Secretary shall remain certified until the manu6 facturer makes a material change to the domes7 tic content or the place of manufacturing of 

8 such component or subcomponent. 

9 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car10 rying out this subsection, the Secretary shall apply 

11 the provisions of section 552 of title 5, including 

12 subsection (b)(4) of such section. 

13 ‘‘(4) NONCOMPLIANCE.—The Secretary shall 

14 prohibit recipients from procuring rolling stock, com15 ponents, or subcomponents from a supplier that in16 tentionally provides false information to comply with 

17 this subsection. 

18 ‘‘(n) SCOPE.—The requirements of this section apply 

19 to all contracts for a public transportation project carried 

20 out within the scope of the applicable finding, determina21 tion, or decision under the National Environmental Policy 

22 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 

23 funding source of such contracts, if at least one contract 

24 for the public transportation project is funded with 

25 amounts made available to carry out this chapter. 


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1 ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary 

2 shall ensure that all Federal funds for new commuter rail 

3 projects shall comply with this section and shall not be 

4 subject to section 22905(a). 

5 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, 

6 AND ABUSE.— 

7 ‘‘(1) IN GENERAL.—The Inspector General of 

8 the Department of Transportation shall conduct an 

9 annual audit on certifications under subsection (m) 

10 regarding compliance with Buy America. 

11 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.— 

12 The Secretary shall display a ‘Report Fraud, Waste, 

13 and Abuse’ button and link to Department of Trans14 portation’s Office of Inspector General Hotline on 

15 the Federal Transit Administration’s Buy America 

16 landing page. 

17 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary 

18 shall require all recipients who enter into contracts 

19 to purchase rolling stock with funds provided under 

20 this chapter to include in such contract information 

21 on how to contact the Department of Transpor22 tation’s Office of Inspector General Hotline to report 

23 suspicions of fraud, waste, and abuse. 

24 ‘‘(q) PASSENGER MOTOR VEHICLES.— 


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1 ‘‘(1) IN GENERAL.—Any domestically manufac2 tured passenger motor vehicle shall be considered to 

3 be produced in the United States under this section. 

4 ‘‘(2) DOMESTICALLY MANUFACTURED PAS5 SENGER MOTOR VEHICLE.—In this subsection, the 

6 term ‘domestically manufactured passenger motor 

7 vehicle’ means any passenger motor vehicle, as such 

8 term is defined in section 32304(a) that— 

9 ‘‘(A) has under section 32304(b)(1)(B) its 

10 final assembly place in the United States; and 

11 ‘‘(B) the percentage (by value) of pas12 senger motor equipment under section 

13 32304(b)(1)(A) equals or exceeds 60 percent 

14 value added. 

15 ‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO16 NENTS.—No bus shell, railcar frame, or other component 

17 or subcomponent that is primarily made of steel or iron 

18 shall be treated as produced in the United States for pur19 poses of subsection (b)(3) or determined to be of domestic 

20 origin under section 661.11 of title 49, Code of Federal 

21 Regulations, if the material inputs of such component or 

22 subcomponent were imported into the United States and 

23 the processes performed in the United States on the im24 ported articles would not result in a change in the article’s 

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1 iff Schedule of the United States from another chapter 

2 or a new heading of any chapter from the heading under 

3 which the article was classified upon entry. 

4 ‘‘(s) TREATMENT OF STEEL AND IRON COMPONENTS

5 AS PRODUCED IN THE UNITED STATES.—Notwith6 standing any other provision of any law or any rule, regu7 lation, or policy of the Federal Transit Administration, 

8 steel and iron components of a system, as defined in sec9 tion 661.3 of title 49, Code of Federal Regulations, and 

10 of manufactured end products referred to in Appendix A 

11 of such section, may not be considered to be produced in 

12 the United States unless such components meet the re13 quirements of section 661.5(b) of title 49, Code of Federal 

14 Regulations. 

15 ‘‘(t) REQUIREMENT FOR TRANSIT AGENCIES.—Not16 withstanding the provisions of this section, if a transit 

17 agency accepts Federal funds, such agency shall adhere 

18 to the requirements of this section in procuring rolling 

19 stock.’’. 

20 (2) CLERICAL AMENDMENT.—The analysis for 

21 chapter 53 of title 49, United States Code, is 

22 amended by inserting before the item relating to sec23 tion 5321 the following: 

‘‘5320. Buy America.’’. 

24 (3) CONFORMING AMENDMENTS.— 


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1 (A) TECHNICAL ASSISTANCE AND WORK2 FORCE DEVELOPMENT.—Section 5314(a)(2)(G) 

3 of title 49, United States Code, is amended by 

4 striking ‘‘sections 5323(j) and 5323(m)’’ and 

5 inserting ‘‘section 5320’’. 

6 (B) URBANIZED AREA FORMULA

7 GRANTS.—Section 5307(c)(1)(E) of title 49, 

8 United States Code, is amended by inserting ‘‘, 

9 5320,’’ after ‘‘5323’’. 

10 (C) INNOVATIVE PROCUREMENT.—Section 

11 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 

12 5325 note) is amended by striking ‘‘5323(j)’’ 

13 and inserting ‘‘5320’’. 

14 (b) BUS ROLLING STOCK.—Not later than 18 

15 months after the date of enactment of this Act, the Sec16 retary of Transportation shall issue such regulations as 

17 are necessary to revise Appendix B and Appendix D of 

18 section 661.11 of title 49, Code of Federal Regulations, 

19 with respect to bus rolling stock to maximize job creation 

20 and align such section with modern manufacturing tech21 niques. 

22 (c) RAIL ROLLING STOCK.—Not later than 30 

23 months after the date of enactment of this Act, the Sec24 retary shall issue such regulations as are necessary to re25 vise subsections (t), (u), and (v) of section 661.11 of title 


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1 49, Code of Federal Regulations, with respect to rail roll2 ing stock to maximize job creation and align such section 

3 with modern manufacturing techniques. 

4 (d) RULE OF APPLICABILITY.— 

5 (1) IN GENERAL.—Except as otherwise pro6 vided in this subsection, the amendments made by 

7 this section shall apply to any contract entered into 

8 on or after the date of enactment of this Act. 

9 (2) DELAYED APPLICABILITY OF CERTAIN PRO10 VISIONS.—Contracts described in paragraph (1) 

11 shall be subject to the following delayed applicability 

12 requirements: 

13 (A) Section 5320(m)(2) shall apply to con14 tracts entered into on or after the date that is 

15 30 days after the date of enactment of this Act. 

16 (B) Notwithstanding subparagraph (A), 

17 section 5320(m) shall apply to contracts for the 

18 procurement of bus rolling stock beginning on 

19 the earlier of— 

20 (i) 180 days after the date on which 

21 final regulations are issued pursuant to 

22 subsection (b); or 

23 (ii) the date that is 1 year after the 

24 date of enactment of this Act. 


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1 (C) Notwithstanding subparagraph (A), 

2 section 5320(m) shall apply to contracts for the 

3 procurement of rail rolling stock beginning on 

4 the earlier of— 

5 (i) 180 days after the date on which 

6 final regulations are issued pursuant to 

7 subsection (c); or 

8 (ii) the date that is 2 years after the 

9 date of enactment of this Act. 

10 (D) Section 5320(p)(1) shall apply on the 

11 date that is 1 year after the latest of the appli12 cation dates described in subparagraphs (A) 

13 through (C). 

14 (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 

15 For any contract described in paragraph (1) for 

16 which the delivery for the first production vehicle oc17 curs before October 1, 2024, paragraphs (1) and (4) 

18 of section 5320(d) shall not apply. 

19 (4) SPECIAL RULE FOR BATTERY CELL INCEN20 TIVES.—For any contract described in paragraph 

21 (1) for which the delivery for the first production ve22 hicle occurs before October 1, 2023, section 

23 5320(d)(5) shall not apply. 

24 (5) APPLICATION OF EXISTING LAW.—During 

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1 retary shall apply the requirements of sections 

2 5323(j) and 5323(m) of title 49, United States 

3 Code, as in effect on the day before the date of en4 actment of this Act, as applicable. 

5 (e) SPECIAL RULE FOR DOMESTIC CONTENT.— 

6 (1) IN GENERAL.—For the calculation of the 

7 percent of domestic content calculated under section 

8 5320(d)(2) for a contract for rolling stock entered 

9 into on or after October 1, 2021— 

10 (A) if the delivery of the first production 

11 vehicle occurs in fiscal year 2023 or fiscal year 

12 2024, for components that exceed 70 percent 

13 domestic content, the Secretary shall add 20 

14 additional percent to the component’s domestic 

15 content; and 

16 (B) if the delivery of the first production 

17 vehicle occurs in fiscal year 2025 or fiscal year 

18 2026— 

19 (i) for components that exceed 70 per20 cent but do not exceed 75 percent domestic 

21 content, the Secretary shall add 15 addi22 tional percent to the component’s domestic 

23 content; or 

24 (ii) for components that exceed 75 

25 percent domestic content, the Secretary 


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1 shall add 20 additional percent to the com2 ponent’s domestic content. 

3 (2) CONTRACTS AFTER OCTOBER 1, 2021.—For 

4 the calculation of the percent of domestic content 

5 calculated under section 5320(d)(2) for a contract 

6 for rolling stock entered into on or after October 1, 

7 2021 for a vehicle described in section 

8 5339(c)(1)(D), and notwithstanding subsection 

9 (e)(1), if the delivery of the first production vehicle 

10 occurs in fiscal year 2023 or 2024, for components 

11 that exceed 70 percent domestic content, the Sec12 retary shall add 30 additional percent to the compo13 nent’s domestic content. 

14 (3) BATTERY CELLS.—Paragraph (1) and para15 graph (2) of this subsection shall not apply to any 

16 contract for rolling stock if the manufacturer of the 

17 rolling stock or the manufacturer of the battery cells 

18 used for propulsion of the rolling stock is an entity 

19 described in 49 USC 5323(u)(1) and (u)(2). 

20 SEC. 2302. BUS PROCUREMENT STREAMLINING. 

21 Section 5323 of title 49, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(x) BUS PROCUREMENT STREAMLINING.— 

24 ‘‘(1) IN GENERAL.—The Secretary may only ob25 ligate amounts for acquisition of buses under this 


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1 chapter to a recipient that issues a request for pro2 posals for an open market procurement that meets 

3 the following criteria: 

4 ‘‘(A) Such request for proposals is limited 

5 to performance specifications, except for compo6 nents or subcomponents identified in the nego7 tiated rulemaking carried out pursuant to this 

8 subsection. 

9 ‘‘(B) Such request for proposals does not 

10 seek any alternative design or manufacture 

11 specification of a bus offered by a manufac12 turer, except to require a component or sub13 component identified in the negotiated rule14 making carried out pursuant to this subsection. 

15 ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED

16 RULEMAKING.— 

17 ‘‘(A) INITIATION.—Not later than 120 

18 days after the date of enactment of the IN19 VEST in America Act, the Secretary shall ini20 tiate procedures under subchapter III of chap21 ter 5 of title 5 to negotiate and issue such regu22 lations as are necessary to establish as limited 

23 a list as is practicable of bus components and 

24 subcomponents described in subparagraph (B). 


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1 ‘‘(B) LIST OF COMPONENTS.—The regula2 tions required under subparagraph (A) shall es3 tablish a list of bus components and subcompo4 nents that may be specified in a request for 

5 proposals described in paragraph (1) by a re6 cipient. The Secretary shall ensure the list is 

7 limited in scope and limited to only components 

8 and subcomponents that cannot be selected with 

9 performance specifications to ensure interoper10 ability. 

11 ‘‘(C) PUBLICATION OF PROPOSED REGULA12 TIONS.—Proposed regulations to implement this 

13 section shall be published in the Federal Reg14 ister by the Secretary not later than 18 months 

15 after such date of enactment. 

16 ‘‘(D) COMMITTEE.—A negotiated rule17 making committee established pursuant to sec18 tion 565 of title 5 to carry out this paragraph 

19 shall have a maximum of 11 members limited 

20 to representatives of the Department of Trans21 portation, urban and rural recipients (including 

22 State government recipients), and transit vehi23 cle manufacturers. 

24 ‘‘(E) EXTENSION OF DEADLINES.—A 

25 deadline set forth in subparagraph (C) may be 


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1 extended up to 180 days if the negotiated rule2 making committee referred to in subparagraph 

3 (D) concludes that the committee cannot meet 

4 the deadline and the Secretary so notifies the 

5 Committee on Transportation and Infrastruc6 ture of the House of Representatives and the 

7 Committee on Banking, Housing, and Urban 

8 Affairs of the Senate. 

9 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section 

10 shall be construed to provide additional authority for 

11 the Secretary to restrict what a bus manufacturer 

12 offers to sell to a public transportation agency.’’. 

13 SEC. 2303. BUS TESTING FACILITY. 

14 Section 5318 of title 49, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(f) TESTING SCHEDULE.—The Secretary shall— 

17 ‘‘(1) determine eligibility of a bus manufactur18 er’s request for testing within 10 business days; and 

19 ‘‘(2) make publicly available the current backlog 

20 (in months) to begin testing a new bus at the bus 

21 testing facility.’’. 

22 SEC. 2304. REPAYMENT REQUIREMENT. 

23 (a) IN GENERAL.—A transit agency shall repay into 

24 the general fund of the Treasury any funds received from 

25 the Federal Transit Administration under section 3401 of 


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1 the American Rescue Plan Act of 2021 (Public Law 117– 

2 2) if the funds were used to award a contract or sub3 contract to an entity for the procurement of rolling stock 

4 for use in public transportation if the manufacturer of the 

5 rolling stock— 

6 (1) is incorporated in or has manufacturing fa7 cilities in the United States; and 

8 (2) is owned or controlled by, is a subsidiary of, 

9 or is otherwise related legally or financially to a cor10 poration based in a country that— 

11 (A) is identified as a nonmarket economy 

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

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

14 the date of enactment of this subsection; 

15 (B) was identified by the United States 

16 Trade Representative in the most recent report 

17 required by section 182 of the Trade Act of 

18 1974 (19 U.S.C. 2242) as a priority foreign 

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

20 and 

21 (C) is subject to monitoring by the Trade 

22 Representative under section 306 of the Trade 

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

24 (b) CERTIFICATION.—Not later than 60 days after 

25 the date of enactment of this section, a transit agency that 


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1 received funds pursuant to the laws specified in subsection 

2 (a) shall certify that the agency has not and shall not use 

3 such funds to purchase rolling stock described in sub4 section (a). 

5 SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING 

6 A MAJOR DISASTER. 

7 (a) IN GENERAL.—Section 5323 of title 49, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS11 ASTER.— 

12 ‘‘(1) DEFINED TERM.—In this subsection, the 

13 term ‘decennial census date’ has the meaning given 

14 the term in section 141(a) of title 13. 

15 ‘‘(2) URBANIZED AREA MAJOR DISASTER POPU16 LATION CRITERIA.—Notwithstanding section 5302, 

17 for purposes of this chapter, the Secretary shall 

18 treat an area as an urbanized area for the period de19 scribed in paragraph (3) if— 

20 ‘‘(A) a major disaster was declared by the 

21 President under section 401 of the Robert T. 

22 Stafford Disaster Relief and Emergency Assist23 ance Act (42 U.S.C. 5170) for the area during 

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1 sus date for the 2010 decennial census or for 

2 any subsequent decennial census; 

3 ‘‘(B) the area was defined and designated 

4 as an ‘urbanized area’ by the Secretary of Com5 merce in the decennial census immediately pre6 ceding the major disaster described in subpara7 graph (A); and 

8 ‘‘(C) the population of the area fell below 

9 50,000 as a result of the major disaster de10 scribed in subparagraph (A). 

11 ‘‘(3) COVERED PERIOD.—The Secretary shall 

12 treat an area as an urbanized area under paragraph 

13 (2) during the period— 

14 ‘‘(A) beginning on— 

15 ‘‘(i) in the case of a major disaster de16 scribed in paragraph (2)(A) that occurred 

17 during the 3-year period preceding the de18 cennial census date for the 2010 decennial 

19 census, October 1 of the first fiscal year 

20 that begins after the date of enactment of 

21 this subsection; or 

22 ‘‘(ii) in the case of any other major 

23 disaster described in paragraph (2)(A), Oc24 tober 1 of the first fiscal year— 


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1 ‘‘(I) that begins after the decen2 nial census date for the first decennial 

3 census conducted after the major dis4 aster; and 

5 ‘‘(II) for which the Secretary has 

6 sufficient data from that census to de7 termine that the area qualifies for 

8 treatment as an urbanized area under 

9 paragraph (2); and 

10 ‘‘(B) ending on the day before the first fis11 cal year— 

12 ‘‘(i) that begins after the decennial 

13 census date for the second decennial cen14 sus conducted after the major disaster de15 scribed in paragraph (2)(A); and 

16 ‘‘(ii) for which the Secretary has suffi17 cient data from that census to determine 

18 which areas are urbanized areas for pur19 poses of this chapter. 

20 ‘‘(4) POPULATION CALCULATION.—An area 

21 treated as an urbanized area under this subsection 

22 shall be assigned the population and square miles of 

23 the urbanized area designated by the Secretary of 

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1 ducted before the major disaster described in para2 graph (2)(A). 

3 ‘‘(5) SAVINGS PROVISION.—Nothing in this sub4 section may be construed to affect apportionments 

5 made under this chapter before the date of enact6 ment of this subsection.’’. 

7 (b) AMENDMENT TAKES EFFECT ON ENACTMENT.— 

8 Notwithstanding section 1001, the amendment made by 

9 subsection (a) shall take effect on the date of enactment 

10 of this Act. 

11 SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK 

12 PROCUREMENTS. 

13 (a) CERTIFICATION.—Section 5323(u)(4) of title 49, 

14 United States Code, is amended— 

15 (1) in subparagraph (A) in the heading by 

16 striking ‘‘RAIL’’; and 

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

18 ‘‘(C) NONRAIL ROLLING STOCK.—Notwith19 standing subparagraph (B) of paragraph (5), as 

20 a condition of financial assistance made avail21 able in a fiscal year under section 5339, a re22 cipient shall certify in that fiscal year that the 

23 recipient will not award any contract or sub24 contract for the procurement of rolling stock for 


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1 use in public transportation with a rolling stock 

2 manufacturer described in paragraph (1).’’. 

3 (b) SPECIAL RULE.—Section 5323(u)(5)(A) of title 

4 49, United States Code, is amended by striking ‘‘made 

5 by a public transportation agency with a rail rolling stock 

6 manufacturer described in paragraph (1)’’ and all that fol7 lows through the period at the end and inserting ‘‘as of 

8 December 20, 2019, including options and other require9 ments tied to these contracts or subcontracts, made by 

10 a public transportation agency with a restricted rail rolling 

11 stock manufacturer.’’. 

12 SEC. 2307. SPARE RATIO WAIVER. 

13 Section 5323 of title 49, United States Code, is fur14 ther amended by adding at the end the following: 

15 ‘‘(z) SPARE RATIO WAIVER.—The Federal Transit 

16 Administration shall waive spare ratio policies for rolling 

17 stock found in FTA Grant Management Requirements 

18 Circular 5010.1, FTA Circular 9030.1 providing Urban19 ized Area Formula Program guidance, and other guidance 

20 documents for 2 years from the date of enactment of the 

21 INVEST in America Act.’’. 

22 Subtitle D—Bus Grant Reforms 

23 SEC. 2401. FORMULA GRANTS FOR BUSES. 

24 Section 5339(a) of title 49, United States Code, is 

25 amended— 


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1 (1) in paragraph (1)— 

2 (A) by inserting ‘‘and subsection (d)’’ after 

3 ‘‘In this subsection’’; 

4 (B) in subparagraph (A) by striking ‘‘term 

5 ‘low or no emission vehicle’ has’’ and inserting 

6 ‘‘term ‘zero emission vehicle’ has’’; 

7 (C) in subparagraph (B) by inserting ‘‘and 

8 the District of Columbia’’ after ‘‘United 

9 States’’; and 

10 (D) in subparagraph (C) by striking ‘‘the 

11 District of Columbia,’’; 

12 (2) in paragraph (2)(A) by striking ‘‘low or no 

13 emission vehicles’’ and inserting ‘‘zero emission vehi14 cles’’; 

15 (3) in paragraph (4)— 

16 (A) in subparagraph (A) by inserting ‘‘and 

17 subsection (d)’’ after ‘‘this subsection’’; and 

18 (B) in subparagraph (B) by inserting ‘‘and 

19 subsection (d)’’ after ‘‘this subsection’’; 

20 (4) in paragraph (5)(A)— 

21 (A) by striking ‘‘$90,500,000’’ and insert22 ing ‘‘$156,750,000’’; 

23 (B) by striking ‘‘2016 through 2020’’ and 

24 inserting ‘‘2023 through 2026’’; 


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1 (C) by striking ‘‘$1,750,000’’ and inserting 

2 ‘‘$3,000,000’’; and 

3 (D) by striking ‘‘$500,000’’ and inserting 

4 ‘‘$750,000’’; 

5 (5) in paragraph (7) by adding at the end the 

6 following: 

7 ‘‘(C) SPECIAL RULE FOR BUSES AND RE8 LATED EQUIPMENT FOR ZERO EMISSION VEHI9 CLES.—Notwithstanding subparagraph (A), a 

10 grant for a capital project for buses and related 

11 equipment for hybrid electric buses that make 

12 meaningful reductions in energy consumption 

13 and harmful emissions, including direct carbon 

14 emissions, and zero emission vehicles under this 

15 subsection shall be for 90 percent of the net 

16 capital costs of the project. A recipient of a 

17 grant under this subsection may provide addi18 tional local matching amounts.’’; 

19 (6) in paragraph (8)— 

20 (A) by striking ‘‘3 fiscal years’’ and insert21 ing ‘‘4 fiscal years’’; and 

22 (B) by striking ‘‘3-fiscal-year period’’ and 

23 inserting ‘‘4-fiscal-year period’’; and 

24 (7) by striking paragraph (9). 


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1 SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM2 PETITIVE GRANTS. 

3 Section 5339(b) of title 49, United States Code, is 

4 amended— 

5 (1) in the heading by striking ‘‘BUSES AND

6 BUS FACILITIES COMPETITIVE GRANTS’’ and insert7 ing ‘‘BUS FACILITIES AND FLEET EXPANSION COM8 PETITIVE GRANTS’’; 

9 (2) in paragraph (1)— 

10 (A) by striking ‘‘buses and’’; 

11 (B) by inserting ‘‘and certain buses’’ after 

12 ‘‘capital projects’’; 

13 (C) in subparagraph (A) by striking 

14 ‘‘buses or related equipment’’ and inserting 

15 ‘‘bus-related facilities’’; and 

16 (D) by striking subparagraph (B) and in17 serting the following: 

18 ‘‘(B) purchasing or leasing buses that will 

19 not replace buses in the applicant’s fleet at the 

20 time of application and will be used to— 

21 ‘‘(i) increase the frequency of bus 

22 service; or 

23 ‘‘(ii) increase the service area of the 

24 applicant.’’; 

25 (3) by striking paragraph (2) and inserting the 

26 following: 


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1 ‘‘(2) GRANT CONSIDERATIONS.—In making 

2 grants— 

3 ‘‘(A) under subparagraph (1)(A), the Sec4 retary shall only consider— 

5 ‘‘(i) the age and condition of bus-re6 lated facilities of the applicant compared to 

7 all applicants and proposed improvements 

8 to the resilience (as such term is defined in 

9 section 5302) of such facilities; 

10 ‘‘(ii) for a facility that, in whole or in 

11 part, encroaches within the limits of a 

12 flood-prone area, the extent to which the 

13 facility is designed and constructed in a 

14 way that takes into account, and mitigates 

15 where appropriate, flood risk; and 

16 ‘‘(iii) for a bus station, the degree of 

17 multi-modal connections at such station; 

18 and 

19 ‘‘(B) under paragraph (1)(B), the Sec20 retary shall consider the improvements to head21 way and projected new ridership.’’; and 

22 (4) in paragraph (6) by striking subparagraph 

23 (B) and inserting the following: 

24 ‘‘(B) GOVERNMENT SHARE OF COSTS.— 


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1 ‘‘(i) IN GENERAL.—The Government 

2 share of the cost of an eligible project car3 ried out under this subsection shall not ex4 ceed 80 percent. 

5 ‘‘(ii) SPECIAL RULE FOR BUSES AND

6 RELATED EQUIPMENT FOR ZERO EMISSION

7 VEHICLES.—Notwithstanding clause (i), 

8 the Government share of the cost of an eli9 gible project for the financing of buses and 

10 related equipment for hybrid electric buses 

11 that make meaningful reductions in energy 

12 consumption and harmful emissions, in13 cluding direct carbon emissions, and zero 

14 emission vehicles shall not exceed 90 per15 cent.’’. 

16 SEC. 2403. ZERO EMISSION BUS GRANTS. 

17 (a) IN GENERAL.—Section 5339(c) of title 49, 

18 United States Code, is amended— 

19 (1) in the heading by striking ‘‘LOW OR NO

20 EMISSION GRANTS’’ and inserting ‘‘ZERO EMISSION

21 GRANTS’’; 

22 (2) in paragraph (1)— 

23 (A) in subparagraph (B)— 

24 (i) in the matter preceding clause (i) 

25 by striking ‘‘in an eligible area’’; 


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1 (ii) in clause (i) by striking ‘‘low or no 

2 emission’’ and inserting ‘‘zero emission’’; 

3 (iii) in clause (ii) by striking ‘‘low or 

4 no emission’’ and inserting ‘‘zero emis5 sion’’; 

6 (iv) in clause (iii) by striking ‘‘low or 

7 no emission’’ and inserting ‘‘zero emis8 sion’’; 

9 (v) in clause (iv) by striking ‘‘facilities 

10 and related equipment for low or no emis11 sion’’ and inserting ‘‘related equipment for 

12 zero emission’’; 

13 (vi) in clause (v) by striking ‘‘facilities 

14 and related equipment for low or no emis15 sion vehicles;’’ and inserting ‘‘related 

16 equipment for zero emission vehicles; or’’; 

17 (vii) in clause (vii) by striking ‘‘low or 

18 no emission’’ and inserting ‘‘zero emis19 sion’’; 

20 (viii) by striking clause (vi); and 

21 (ix) by redesignating clause (vii) as 

22 clause (vi); 

23 (B) by striking subparagraph (D) and in24 serting the following: 


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1 ‘‘(D) the term ‘zero emission bus’ means a 

2 bus that is a zero emission vehicle;’’; 

3 (C) by striking subparagraph (E) and in4 serting the following: 

5 ‘‘(E) the term ‘zero emission vehicle’ 

6 means a vehicle used to provide public transpor7 tation that produces no carbon dioxide or par8 ticulate matter;’’; 

9 (D) in subparagraph (F) by striking ‘‘and’’ 

10 at the end; 

11 (E) by striking subparagraph (G) and in12 serting the following: 

13 ‘‘(G) the term ‘priority area’ means an 

14 area that is— 

15 ‘‘(i) designated as a nonattainment 

16 area for ozone or particulate matter under 

17 section 107(d) of the Clean Air Act (42 

18 U.S.C. 7407(d)); 

19 ‘‘(ii) a maintenance area, as such 

20 term is defined in section 5303, for ozone 

21 or particulate matter; or 

22 ‘‘(iii) in a State that has enacted a 

23 statewide zero emission bus transition re24 quirement, as determined by the Secretary; 

25 and’’; and 


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

2 ‘‘(H) the term ‘low-income community’ 

3 means any population census tract if— 

4 ‘‘(i) the poverty rate for such tract is 

5 at least 20 percent; or 

6 ‘‘(ii) in the case of a tract— 

7 ‘‘(I) not located within a metro8 politan area, the median family in9 come for such tract does not exceed 

10 80 percent of statewide median family 

11 income; or 

12 ‘‘(II) located within a metropoli13 tan area, the median family income 

14 for such tract does not exceed 80 per15 cent of the greater statewide median 

16 family income or the metropolitan 

17 area median family income.’’; 

18 (3) in paragraph (3)— 

19 (A) by striking subparagraph (B); and 

20 (B) by redesignating subparagraph (C) as 

21 subparagraph (B); 

22 (4) by striking paragraph (5) and inserting the 

23 following: 

24 ‘‘(5) GRANT ELIGIBILITY.—In awarding grants 

25 under this subsection, the Secretary shall make 


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1 grants to eligible projects relating to the acquisition 

2 or leasing of equipment for zero-emission buses or 

3 zero-emission buses— 

4 ‘‘(A) that procure— 

5 ‘‘(i) at least 10 zero emission buses; 

6 ‘‘(ii) if the recipient operates less than 

7 50 buses in peak service, at least 5 zero 

8 emission buses; or 

9 ‘‘(iii) hydrogen buses; 

10 ‘‘(B) for which the recipient’s board of di11 rectors has approved a long-term integrated 

12 fleet management plan that— 

13 ‘‘(i) establishes— 

14 ‘‘(I) a goal by a set date to con15 vert the entire bus fleet to zero emis16 sion buses; or 

17 ‘‘(II) a goal that within 10 years 

18 from the date of approval of such plan 

19 the recipient will convert a set per20 centage of the total bus fleet of such 

21 recipient to zero emission buses; and 

22 ‘‘(ii) examines the impact of the tran23 sition on the applicant’s current workforce, 

24 by identifying skills gaps, training needs, 

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1 ers of such applicant to operate and main2 tain zero-emission vehicles and related in3 frastructure, and avoids the displacement 

4 of the existing workforce; and 

5 ‘‘(C) for which the recipient has performed 

6 a fleet transition study that includes optimal 

7 route planning and an analysis of how utility 

8 rates may impact the recipient’s operations and 

9 maintenance budget.’’; 

10 (5) in paragraph (7)(A) by striking ‘‘80’’ and 

11 inserting ‘‘90’’; and 

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

13 ‘‘(8) LOW AND MODERATE COMMUNITY

14 GRANTS.—Not less than 15 percent of the amounts 

15 made available under this subsection in a fiscal year 

16 shall be distributed to projects serving predomi17 nantly low-income communities. 

18 ‘‘(9) PRIORITY SET-ASIDE.—Of the amounts 

19 made available under this subsection in a fiscal year, 

20 not less than— 

21 ‘‘(A) 20 percent shall be distributed to ap22 plicants in priority areas; and 

23 ‘‘(B) 10 percent shall be distributed to ap24 plicants not located in priority areas whose 

25 board of directors have approved a long-term 


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1 integrated fleet management plan that estab2 lishes a goal to convert 100 percent of their bus 

3 fleet to zero-emission buses within 15 years.’’. 

4 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

5 Section 5303(b) of title 49, United States Code, is amend6 ed by adding at the end the following: 

7 ‘‘(9) MAINTENANCE AREA.—The term ‘mainte8 nance area’ has the meaning given the term in sec9 tions 171(2) and 175A of the Clean Air Act (42 

10 U.S.C. 7501(2); 7505a).’’. 

11 SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR12 MULA SUBGRANT. 

13 Section 5339 of title 49, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(d) RESTORATION TO STATE OF GOOD REPAIR

16 FORMULA SUBGRANT.— 

17 ‘‘(1) GENERAL AUTHORITY.—The Secretary 

18 may make grants under this subsection to assist eli19 gible recipients and subrecipients described in para20 graph (2) in financing capital projects to replace, re21 habilitate, and purchase buses and related equip22 ment. 

23 ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI24 ENTS.—Not later than September 1 annually, the 

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1 ents and subrecipients based on the most recent 

2 data available in the National Transit Database to 

3 calculate the 20 percent of eligible recipients and 

4 subrecipients with the highest percentage of asset 

5 vehicle miles for buses beyond the useful life bench6 mark established by the Federal Transit Administra7 tion. 

8 ‘‘(3) URBAN APPORTIONMENTS.—Funds allo9 cated under section 5338(a)(2)(L)(ii) shall be— 

10 ‘‘(A) distributed to— 

11 ‘‘(i) designated recipients in an urban12 ized area with a population of at least 

13 200,000 made eligible by paragraph (1); 

14 and 

15 ‘‘(ii) States based on subrecipients 

16 made eligible by paragraph (1) in an ur17 banized area under 200,000; and 

18 ‘‘(B) allocated pursuant to the formula set 

19 forth in section 5336 other than subsection (b), 

20 using the data from the 20 percent of eligible 

21 recipients and subrecipients. 

22 ‘‘(4) RURAL ALLOCATION.—The Secretary 

23 shall— 


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1 ‘‘(A) calculate the percentage of funds 

2 under section 5338(a)(2)(L)(ii) to allocate to 

3 rural subrecipients by dividing— 

4 ‘‘(i) the asset vehicle miles for buses 

5 beyond the useful life benchmark (estab6 lished by the Federal Transit Administra7 tion) of the rural subrecipients described in 

8 paragraph (2); by 

9 ‘‘(ii) the total asset vehicle miles for 

10 buses beyond such benchmark of all eligi11 ble recipients and subrecipients described 

12 in paragraph (2); and 

13 ‘‘(B) prior to the allocation described in 

14 paragraph (3)(B), apportion to each State the 

15 amount of the total rural allocation calculated 

16 under subparagraph (A) attributable to such 

17 State based the proportion that— 

18 ‘‘(i) the asset vehicle miles for buses 

19 beyond the useful life benchmark (estab20 lished by the Federal Transit Administra21 tion) for rural subrecipients described in 

22 paragraph (2) in such State; bears to 

23 ‘‘(ii) the total asset vehicle miles de24 scribed in subparagraph (A)(i). 


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1 ‘‘(5) APPLICATION OF OTHER PROVISIONS.— 

2 Paragraphs (3), (7), and (8) of subsection (a) shall 

3 apply to eligible recipients and subrecipients de4 scribed in paragraph (2) of a grant under this sub5 section. 

6 ‘‘(6) PROHIBITION.—No eligible recipient or 

7 subrecipient outside the top 5 percent of asset vehi8 cle miles for buses beyond the useful life benchmark 

9 established by the Federal Transit Administration 

10 may receive a grant in both fiscal year 2023 and fis11 cal year 2024. 

12 ‘‘(7) REQUIREMENT.—The Secretary shall re13 quire— 

14 ‘‘(A) States to expend, to the benefit of the 

15 subrecipients eligible under paragraph (2), the 

16 apportioned funds attributed to such subrecipi17 ents; and 

18 ‘‘(B) designated recipients to provide the 

19 allocated funds to the recipients eligible under 

20 paragraph (2) the apportioned funds attributed 

21 to such recipients.’’. 

22 SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS. 

23 Section 5339 of title 49, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(e) WORKFORCE DEVELOPMENT TRAINING

2 GRANTS.— 

3 ‘‘(1) IN GENERAL.—Not less than 12.5 percent 

4 of funds authorized to be made available for sub5 section (c) shall be available to fund workforce devel6 opment training eligible under section 5314(b)(2) 

7 (including registered apprenticeships and other 

8 labor-management training programs), related to op9 erations or maintenance of zero emission vehicles. 

10 ‘‘(2) ELIGIBLE RECIPIENTS.—Recipients eligi11 ble under subsection (c) shall be eligible to receive 

12 a grant under this subsection. 

13 ‘‘(3) FEDERAL SHARE.—The Federal share of 

14 the cost of an eligible project carried out under this 

15 subsection shall be 100 percent. 

16 ‘‘(4) PRIORITIZATION.—In making grants 

17 under this subsection, the Secretary shall prioritize 

18 applications that jointly fund training as part of a 

19 vehicle procurement application under subsection 

20 (c).’’. 

21 Subtitle E—Supporting All Riders 

22 SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS. 

23 Section 5336(j) of title 49, United States Code, is 

24 amended— 


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1 (1) in paragraph (1) by striking ‘‘75 percent’’ 

2 and inserting ‘‘50 percent’’; 

3 (2) in paragraph (2) by striking ‘‘25 percent’’ 

4 and inserting ‘‘12.5 percent’’; and 

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

6 ‘‘(3) 30 percent of the funds shall be appor7 tioned among designated recipients for urbanized 

8 areas with a population of 200,000 or more in the 

9 ratio that— 

10 ‘‘(A) the number of individuals in each 

11 such urbanized area residing in an urban cen12 sus tract with a poverty rate of at least 20 per13 cent during the 5 years most recently ending; 

14 bears to 

15 ‘‘(B) the number of individuals in all such 

16 urbanized areas residing in an urban census 

17 tract with a poverty rate of at least 20 percent 

18 during the 5 years most recently ending. 

19 ‘‘(4) 7.5 percent of the funds shall be appor20 tioned among designated recipients for urbanized 

21 areas with a population less than 200,000 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 areas residing in an urban census tract with a 

5 poverty rate of at least 20 percent during the 

6 5 years most recently ending.’’. 

7 SEC. 2502. RURAL PERSISTENT POVERTY FORMULA. 

8 Section 5311 of title 49, United States Code, as 

9 amended in section 2204, is further amended— 

10 (1) in subsection (a) by adding at the end the 

11 following: 

12 ‘‘(3) PERSISTENT POVERTY COUNTY.—The 

13 term ‘persistent poverty county’ means any county 

14 with a poverty rate of at least 20 percent— 

15 ‘‘(A) as determined in each of the 1990 

16 and 2000 decennial censuses; 

17 ‘‘(B) in the Small Area Income and Pov18 erty Estimates of the Bureau of the Census for 

19 the most recent year for which the estimates 

20 are available; and 

21 ‘‘(C) has at least 25 percent of its popu22 lation in rural areas.’’; 

23 (2) in subsection (b)(2)(C)(i) by inserting ‘‘and 

24 persistent poverty counties’’ before the semicolon; 

25 and 


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1 (3) in subsection (c) by striking paragraph (2) 

2 and inserting the following: 

3 ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR4 TATION ASSISTANCE PROGRAM.— 

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

6 carry out a public transportation assistance 

7 program for areas of persistent poverty. 

8 ‘‘(B) APPORTIONMENT.—Of amounts 

9 made available or appropriated for each fiscal 

10 year under section 5338(a)(2)(E)(ii) to carry 

11 out this paragraph, the Secretary shall appor12 tion funds to recipients for service in, or di13 rectly benefitting, persistent poverty counties 

14 for any eligible purpose under this section in 

15 the ratio that— 

16 ‘‘(i) the number of individuals in each 

17 such rural area residing in a persistent 

18 poverty county; bears to 

19 ‘‘(ii) the number of individuals in all 

20 such rural areas residing in a persistent 

21 poverty county.’’. 

22 SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE23 DUCED FARE TRANSIT. 

24 Section 5312 of title 49, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(j) DEMONSTRATION GRANTS TO SUPPORT RE2 DUCED FARE TRANSIT.— 

3 ‘‘(1) IN GENERAL.—Not later than 300 days 

4 after the date of enactment of the INVEST in 

5 America Act, the Secretary shall award grants 

6 (which shall be known as ‘Access to Jobs Grants’) 

7 to eligible entities, on a competitive basis, to imple8 ment reduced fare transit service. 

9 ‘‘(2) NOTICE.—Not later than 180 days after 

10 the date of enactment of the INVEST in America 

11 Act, the Secretary shall provide notice to eligible en12 tities of the availability of grants under paragraph 

13 (1). 

14 ‘‘(3) APPLICATION.—To be eligible to receive a 

15 grant under this subsection, an eligible recipient 

16 shall submit to the Secretary an application con17 taining such information as the Secretary may re18 quire, including, at a minimum, the following: 

19 ‘‘(A) A description of how the eligible enti20 ty plans to implement reduced fare transit ac21 cess with respect to low-income individuals, in22 cluding any eligibility requirements for such 

23 transit access. 

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1 holders, labor unions, local education agencies 

2 and institutions of higher education, public 

3 housing agencies, and workforce development 

4 boards in the implementation of reduced fares. 

5 ‘‘(C) A description of the eligible entity’s 

6 current fare evasion enforcement policies, in7 cluding how the eligible entity plans to use the 

8 reduced fare program to reduce fare evasion. 

9 ‘‘(D) An estimate of additional costs to 

10 such eligible entity as a result of reduced tran11 sit fares. 

12 ‘‘(E) A plan for a public awareness cam13 paign of the transit agency’s ability to provide 

14 reduced fares, including in foreign languages, 

15 based on— 

16 ‘‘(i) data from the Bureau of the Cen17 sus, consistent with the local area demo18 graphics where the transit agency operates, 

19 including the languages that are most 

20 prevalent and commonly requested for 

21 translation services; or 

22 ‘‘(ii) qualitative and quantitative ob23 servation from community service providers 

24 including those that provide health and 

25 mental health services, social services, 


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1 transportation, and other relevant social 

2 services. 

3 ‘‘(F) Projected impacts on ridership. 

4 ‘‘(G) Projected benefits in closing transit 

5 equity gaps. 

6 ‘‘(H) Projected impact on the ability of 

7 students to access education or workforce train8 ing programs. 

9 ‘‘(4) GRANT DURATION.—Grants awarded 

10 under this subsection shall be for a 2-year period. 

11 ‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In 

12 carrying out the program under this subsection, the 

13 Secretary shall award not more than 20 percent of 

14 grants to eligible entities located in rural areas. 

15 ‘‘(6) USES OF FUNDS.—An eligible entity re16 ceiving a grant under this subsection shall use such 

17 grant to implement a reduced fare transit program 

18 and offset lost fare revenue. 

19 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

20 this section shall be construed to limit the eligibility 

21 of an applicant if a State, local, or Tribal govern22 mental entity provides reduced fare transportation to 

23 low-income individuals. 

24 ‘‘(8) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi2 ble entity’ means a State, local, or Tribal gov3 ernmental entity that operates a public trans4 portation service and is a recipient or sub5 recipient of funds under this chapter. 

6 ‘‘(B) LOW-INCOME INDIVIDUAL.—The 

7 term ‘low-income individual’ means an indi8 vidual— 

9 ‘‘(i) that has qualified for— 

10 ‘‘(I) any program of medical as11 sistance under a State plan or under 

12 a waiver of the plan under title XIX 

13 of the Social Security Act (42 U.S.C. 

14 1396 et seq.); 

15 ‘‘(II) supplemental nutrition as16 sistance program (SNAP) under the 

17 Food and Nutrition Act of 2008 (7 

18 U.S.C. 2011 et seq.); 

19 ‘‘(III) the program of block 

20 grants for States for temporary assist21 ance for needy families (TANF) es22 tablished under part A of title IV of 

23 the Social Security Act (42 U.S.C. 

24 601 et seq.); 


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1 ‘‘(IV) the free and reduced price 

2 school lunch program established 

3 under the Richard B. Russell National 

4 School Lunch Act (42 U.S.C. 1751 et 

5 seq.); 

6 ‘‘(V) a housing voucher through 

7 section 8(o) of the United States 

8 Housing Act of 1937 (42 U.S.C. 

9 1437f(o)); 

10 ‘‘(VI) benefits under the Low-In11 come Home Energy Assistance Act of 

12 1981; 

13 ‘‘(VII) special supplemental food 

14 program for women, infants and chil15 dren (WIC) under section 17 of the 

16 Child Nutrition Act of 1966 (42 

17 U.S.C. 1786); or 

18 ‘‘(VIII) a Federal Pell Grant 

19 under section 401 of the Higher Edu20 cation Act of 1965 (20 U.S.C. 

21 1070a); 

22 ‘‘(ii) whose family income is at or 

23 below a set percent (as determined by the 

24 eligible recipient) of the poverty line (as 

25 that term is defined in section 673(2) of 


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1 the Community Service Block Grant Act 

2 (42 U.S.C. 9902(2)), including any revi3 sion required by that section) for a family 

4 of the size involved; or 

5 ‘‘(iii) that is a low-income veteran or 

6 member of the military. 

7 ‘‘(9) REPORT.—The Secretary shall designate a 

8 university transportation center under section 5505 

9 to collaborate with the eligible entities receiving a 

10 grant under this subsection to collect necessary data 

11 to evaluate the effectiveness of meeting the targets 

12 described in the application of such recipient, includ13 ing increased ridership, impacts on fare evasion, and 

14 progress towards significantly closing transit equity 

15 gaps.’’. 

16 SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING. 

17 (a) BEST PRACTICES.— 

18 (1) IN GENERAL.— 

19 (A) ASSISTANCE TO PROVIDERS OF PUBLIC

20 TRANSIT.—Not later than 180 days after the 

21 date of enactment of this Act, the Secretary of 

22 Transportation shall issue nonbinding best 

23 practices to assist providers of public transpor24 tation in setting the threshold for a major servVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 ice change as described in Circular 4702.1B of 

2 the Federal Transit Administration. 

3 (B) SPECIFIC PROVIDERS OF PUBLIC

4 TRANSIT.—For the purposes of this section, the 

5 term ‘‘providers of public transportation’’ 

6 means providers that operate 50 or more fixed 

7 route vehicles in peak service and are located in 

8 an urbanized area of 200,000 or more in popu9 lation. 

10 (2) BEST PRACTICES.—In developing the best 

11 practices described in paragraph (1), the Sec12 retary— 

13 (A) shall issue specific recommendations 

14 for setting the threshold of a major service 

15 change, which shall include, at a minimum, rec16 ommendations related to— 

17 (i) changes in hours of operations, in18 cluding consideration of changes during 

19 nonpeak hours; 

20 (ii) changes in the frequency of serv21 ice; 

22 (iii) changes in coverage, including the 

23 opening and closing of stations and stops 

24 and the changing of routes; and 


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1 (iv) the use of route-specific analyses 

2 in addition to service-area level analyses; 

3 (B) shall recommend specific percentage 

4 change standards for the elements described in 

5 clauses (i), (ii), and (iii) of subparagraph (A) to 

6 assist providers of public transportation in set7 ting the threshold for a major service change in 

8 a manner that ensures meaningful analyses and 

9 the provision of equitable service; and 

10 (C) may issue different best practices for 

11 providers of public transportation of different 

12 sizes and service types. 

13 (b) TRANSIT COOPERATIVE RESEARCH PROGRAM

14 REPORT.— 

15 (1) REVIEW.—Not later than 3 years after the 

16 issuance of the best practices described in subsection 

17 (a), the Transit Cooperative Research Program of 

18 the National Academy of Sciences shall conduct a 

19 review of the manner in which providers of public 

20 transportation define the threshold for a major serv21 ice change for purposes of compliance with Circular 

22 4702.1B of the Federal Transit Administration, in23 cluding— 


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1 (A) a survey of the standards used by pro2 viders of public transportation to define the 

3 threshold for a major service change; 

4 (B) a review of the differences in stand5 ards used to define the threshold for a major 

6 service change for providers of public transpor7 tation of different sizes and service types; 

8 (C) information on the considerations used 

9 by providers of public transportation when de10 fining the threshold for a major service change; 

11 and 

12 (D) the extent to which providers of public 

13 transportation are using the best practices de14 scribed in subsection (a). 

15 (2) REPORT.—After the completion of the re16 view described in paragraph (1), the National Acad17 emy of Sciences shall issue a report on the findings 

18 of the review and submit such report to the Com19 mittee on Transportation and Infrastructure of the 

20 House of Representatives and the Committee on 

21 Banking, Housing, and Urban Affairs of the Senate. 

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

23 (a) STUDY.—The Comptroller General of the United 

24 States shall conduct a study on the provision of fare-free 


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1 transit service in the United States, including an assess2 ment of— 

3 (1) the extent to which fare-free transit is avail4 able in the United States; and 

5 (2) the potential impacts of fare-free transit, 

6 which may include— 

7 (A) increased transit ridership; 

8 (B) improved access to transportation for 

9 low-income riders and marginalized commu10 nities; 

11 (C) improved access to jobs and services; 

12 (D) enhanced equity of the surface trans13 portation system; 

14 (E) reductions in disputes or law enforce15 ment actions related to transit fares; 

16 (F) any expected cost savings for transit 

17 agencies and law enforcement agencies respon18 sible for enforcing fare evasion policies; 

19 (G) environmental impacts; 

20 (H) safety considerations; and 

21 (I) the challenges of replacing farebox rev22 enue. 

23 (b) REPORT.—Not later than 1 year after the date 

24 of the enactment of this Act, the Comptroller General shall 

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1 structure of the House of Representatives and the Com2 mittee on Banking, Housing, and Urban Affairs of the 

3 Senate a report containing the results of the study con4 ducted under subsection (a). 

5 SEC. 2506. TRANSIT TO TRAILS GRANT PROGRAM. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COMMUNITY OF COLOR.—The term ‘‘com8 munity of color’’ means a geographically distinct 

9 area in which the population of any of the following 

10 categories of individuals is higher than the average 

11 populations of that category for the State in which 

12 the community is located: 

13 (A) Black. 

14 (B) African American. 

15 (C) Asian. 

16 (D) Pacific Islander. 

17 (E) Other non-white race. 

18 (F) Hispanic. 

19 (G) Latino. 

20 (2) CRITICALLY UNDERSERVED COMMUNITY.— 

21 The term ‘‘critically underserved community’’ 

22 means— 

23 (A) a community that can demonstrate to 

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1 equate, insufficient, or no park space or recre2 ation facilities, including by demonstrating— 

3 (i) quality concerns relating to the 

4 available park space or recreation facilities; 

5 (ii) the presence of recreational facili6 ties that do not serve the needs of the com7 munity; or 

8 (iii) the inequitable distribution of 

9 park space for high-need populations, 

10 based on income, age, or other measures of 

11 vulnerability and need; 

12 (B) a community in which at least 50 percent of the population is not located within 1 13 ⁄2

14 mile of park space; or 

15 (C) any other community that the Sec16 retary determines to be appropriate. 

17 (3) DESIGNATED SERVICE AREA.—The term 

18 ‘‘designated service area’’ means a geographical area 

19 recommended by a designated official planning agen20 cy, that defines the community where coordinated 

21 transportation services are be provided to the trans22 portation disadvantaged. 

23 (4) DISPROPORTIONATE BURDEN OF ADVERSE

24 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 

25 The term ‘‘disproportionate burden of adverse 


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1 human health or environmental effects’’ means a sit2 uation where there exists higher or more adverse 

3 human health or environmental effects on commu4 nities of color, low income communities, and Tribal 

5 and indigenous communities. 

6 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means— 

8 (A) a State or local government entity; 

9 (B) a political subdivision of a State (in10 cluding a city or a county); 

11 (C) a special purpose district (including a 

12 park district); 

13 (D) an Indian tribe (as defined in section 

14 4 of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 5304)); or 

16 (E) a metropolitan planning organization 

17 (as defined in section 134(b) of title 23, United 

18 States Code). 

19 (6) ENVIRONMENTAL JUSTICE COMMUNITY.— 

20 The term ‘‘environmental justice community’’ means 

21 a community with significant representation of com22 munities of color, low income communities, or Tribal 

23 and indigenous communities, that experience, or is 

24 at risk of experiencing higher or more adverse 

25 human health or environmental effects. 


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1 (7) LOW INCOME COMMUNITY.—the term ‘‘low 

2 income community’’ means any census block group 

3 in which 30 percent or more of the population are 

4 individuals with an annual household income equal 

5 to, or less than, the greater of— 

6 (A) an amount equal to 80 percent of the 

7 median income of the area in which the house8 hold is located, as reported by the Department 

9 of Housing and Urban Development; and 

10 (B) 200 percent of the Federal poverty 

11 line. 

12 (8) MICROTRANSIT.—The term ‘‘microtransit’’ 

13 means low-capacity transportation service carrying 

14 small numbers of people at a time. 

15 (9) PROGRAM.—The term ‘‘program’’ means 

16 the Transit to Trails Grant Program established 

17 under subsection (b)(1). 

18 (10) RURAL AREA.—The term ‘‘rural area’’ 

19 means a community that is not an urbanized area. 

20 (11) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of Transportation. 

22 (12) STATE.—The term ‘‘State’’ means each of 

23 the several States, the District of Columbia, and 

24 each territory or possession of the United States. 

25 (13) TRANSPORTATION CONNECTOR.— 


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1 (A) IN GENERAL.—The term ‘‘transpor2 tation connector’’ means a system that— 

3 (i) connects 2 zip codes or commu4 nities within a 175-mile radius of a des5 ignated service area; and 

6 (ii) provides public transportation. 

7 (B) INCLUSIONS.—The term ‘‘transpor8 tation connector’’ includes microtransits, bus 

9 lines, light rail, rapid transits, or personal rapid 

10 transits. 

11 (b) GRANT PROGRAM.— 

12 (1) ESTABLISHMENT.—The Secretary shall es13 tablish a grant program, to be known as the ‘‘Tran14 sit to Trails Grant Program’’, under which the Sec15 retary shall award grants to eligible entities for— 

16 (A) projects that develop transportation 

17 connectors or routes in or serving, and related 

18 culturally and linguistically appropriate edu19 cation materials for, critically underserved com20 munities to increase access and mobility to Fed21 eral or non-Federal public land, inland and 

22 costal waters, parkland, or monuments; or 

23 (B) projects that facilitate transportation 

24 improvements to enhance access to Federal or 


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1 non-Federal public land and recreational oppor2 tunities in critically underserved communities. 

3 (2) ADMINISTRATION.— 

4 (A) IN GENERAL.—The Secretary shall ad5 minister the program to assist eligible entities 

6 in the development of public transportation 

7 routes in or serving, and related culturally and 

8 linguistically appropriate education materials 

9 for, critically underserved communities to in10 crease access and mobility to Federal or non11 Federal public land, inland and coastal waters, 

12 parkland, or monuments. 

13 (B) JOINT PARTNERSHIPS.—The Secretary 

14 shall encourage joint partnership projects under 

15 the program, if available, among multiple agen16 cies, including school districts, nonprofit organi17 zations, metropolitan planning organizations, 

18 regional transportation authorities, transit 

19 agencies, and State and local governmental 

20 agencies (including park and recreation agen21 cies and authorities) to enhance investment of 

22 public sources. 

23 (C) ANNUAL GRANT PROJECT PROPOSAL

24 SOLICITATION, REVIEW, AND APPROVAL.— 


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1 (i) IN GENERAL.—The Secretary 

2 shall— 

3 (I) annually solicit the submis4 sion of project proposals for grants 

5 from eligible entities under the pro6 gram; and 

7 (II) review each project proposal 

8 submitted under subclause (I) on a 

9 timeline established by the Secretary. 

10 (ii) REQUIRED ELEMENTS FOR

11 PROJECT PROPOSAL.—A project proposal 

12 submitted under clause (i)(I) shall in13 clude— 

14 (I) a statement of the purposes 

15 of the project; 

16 (II) the name of the entity or in17 dividual with overall responsibility for 

18 the project; 

19 (III) a description of the quali20 fications of the entity or individuals 

21 identified under subclause (II); 

22 (IV) a description of— 

23 (aa) staffing and stake24 holder engagement for the 

25 project; 


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1 (bb) the logistics of the 

2 project; and 

3 (cc) anticipated outcomes of 

4 the project; 

5 (V) a proposed budget for the 

6 funds and time required to complete 

7 the project; 

8 (VI) information regarding the 

9 source and amount of matching fund10 ing available for the project; 

11 (VII) information that dem12 onstrates the clear potential of the 

13 project to contribute to increased ac14 cess to parkland for critically under15 served communities; and 

16 (VIII) any other information that 

17 the Secretary considers to be nec18 essary for evaluating the eligibility of 

19 the project for funding under the pro20 gram. 

21 (D) PRIORITY.—To the extent practicable, 

22 in determining whether to approve project pro23 posals under the program, the Secretary shall 

24 prioritize projects that— 


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1 (i) are designed to increase access and 

2 mobility to local or neighborhood Federal 

3 or non-Federal public land, inland and 

4 costal waters, parkland, monuments, or 

5 recreational opportunities; 

6 (ii) utilize low- or no-emission vehi7 cles; 

8 (iii) provide free or discounted rates 

9 for low income riders; 

10 (iv) provide opportunities for youth 

11 engagement; 

12 (v) projects established in commu13 nities of color, low-income communities, 

14 Tribal or indigenous communities, or rural 

15 communities; and 

16 (vi) comply with relevant regulations 

17 in the Americans with Disabilities Act of 

18 1990 (42 U.S.C. 12101 et seq.). 

19 (3) TRANSPORTATION PLANNING PROCE20 DURES.— 

21 (A) PROCEDURES.— In consultation with 

22 the head of each appropriate Federal land man23 agement agency, the Secretary shall ensure that 

24 projects conducted under the program that are 


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1 consistent with metropolitan and statewide 

2 planning processes. 

3 (B) REQUIREMENTS.—In carrying out the 

4 program, the Secretary shall ensure the fol5 lowing: 

6 (i) All projects carried out under the 

7 program will comply with sections 5303 

8 and 5304 of title 49, United States Code. 

9 (ii) All new transportation connectors 

10 and routes established under a project 

11 shall be accessible in accordance with the 

12 Americans with Disabilities Act of 1990 

13 (42 U.S.C. 12101 et seq.) accessibility 

14 specifications for transportation vehicles. 

15 (iii) State department of transpor16 tation agencies shall engage with relevant 

17 stakeholders consistent with sections 

18 5304(f)(3) and 5404(g)(3) of title 49, 

19 United States Code, and metropolitan 

20 planning organizations shall engage with 

21 relevant stakeholders consistent with sec22 tions 5303(g)(3)(B), 5303(i)(5), and 

23 5303(i)(6) of title 49, United States Code, 

24 in addition to faith-based and community25 based organizations. 


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1 (iv) Except as otherwise provided 

2 under this section, a grant provided under 

3 this section shall be subject to the require4 ments of section 5307 of title 49, United 

5 States Code. 

6 (4) FEDERAL SHARE.— 

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

8 the cost of an eligible project carried our under 

9 this subsection shall not exceed 80 percent. 

10 (B) NON-FEDERAL SHARE.—The non-Fed11 eral share of the cost of an eligible project car12 ried out under this subsection may be derived 

13 from in-kind contributions. 

14 (5) ELIGIBLE USES.—Grant funds provided 

15 under the program may be used— 

16 (A) to develop transportation connectors or 

17 routes in or serving, and related culturally and 

18 linguistically appropriate education materials 

19 for, critically underserved communities to in20 crease access and mobility to Federal and non21 Federal public land, inland and costal waters, 

22 parkland, and monuments; and 

23 (B) to create or significantly enhance ac24 cess to Federal or non-Federal public land and 


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1 recreational opportunities in an urban area or 

2 a rural area. 

3 (6) GRANT AMOUNT.—A grant provided under 

4 the program shall be— 

5 (A) not less than $25,000; and 

6 (B) not more than $500,000. 

7 (7) TECHNICAL ASSISTANCE.—It is the intent 

8 of Congress that grants provided under the program 

9 deliver project funds to areas of greatest need while 

10 offering technical assistance to all applicants and po11 tential applicants for grant preparation to encourage 

12 full participation in the program. 

13 (c) REPORTING REQUIREMENT.— 

14 (1) REPORTS BY GRANT RECIPIENTS.—The 

15 Secretary shall require a recipient of a grant under 

16 the program to submit to the Secretary at least 1 

17 performance and financial report that— 

18 (A) includes— 

19 (i) demographic data on communities 

20 served by the project; and 

21 (ii) a summary of project activities 

22 conducted after receiving the grant; and 

23 (B) describes the status of each project 

24 funded by the grant as of the date of the re25 port. 


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1 (2) ADDITIONAL REPORTS.—In addition to the 

2 report required under paragraph (1), the Secretary 

3 may require additional reports from a recipient, as 

4 the Secretary determines to be appropriate, includ5 ing a final report. 

6 (3) DEADLINES.—The Secretary shall establish 

7 deadlines for the submission of each report required 

8 under paragraph (1) or (2). 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $10,000,000 for fiscal years 2023 and 2024 and 

12 $20,000,000 for fiscal years 2025 and 2026. 

13 Subtitle F—Supporting Frontline 

14 Workers and Passenger Safety 

15 SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE 

16 TRAINING CENTER. 

17 Section 5314(b) of title 49, United States Code, is 

18 amended— 

19 (1) by striking paragraph (2) and inserting the 

20 following: 

21 ‘‘(2) NATIONAL TRANSIT FRONTLINE WORK22 FORCE TRAINING CENTER.— 

23 ‘‘(A) ESTABLISHMENT.—The Secretary 

24 shall establish a national transit frontline work25 force training center (hereinafter referred to as 


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1 the ‘Center’) and enter into a cooperative agree2 ment with a nonprofit organization with a dem3 onstrated capacity to develop and provide tran4 sit career pathway programs through labor5 management partnerships and registered ap6 prenticeships on a nationwide basis, in order to 

7 carry out the duties under subparagraph (B). 

8 The Center shall be dedicated to the needs of 

9 the frontline transit workforce in both rural and 

10 urban transit systems by providing training in 

11 the maintenance and operations occupations 

12 based on industry best practices. 

13 ‘‘(B) DUTIES.— 

14 ‘‘(i) IN GENERAL.—In cooperation 

15 with the Administrator of the Federal 

16 Transit Administration, public transpor17 tation authorities, and national entities, 

18 the Center shall develop and conduct train19 ing and educational programs for frontline 

20 local transportation employees of recipients 

21 eligible for funds under this chapter. 

22 ‘‘(ii) TRAINING AND EDUCATIONAL

23 PROGRAMS.—The training and educational 

24 programs developed under clause (i) may 


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1 include courses in recent developments, 

2 techniques, and procedures related to— 

3 ‘‘(I) developing consensus na4 tional training standards, skills, com5 petencies, and recognized postsec6 ondary credentials in partnership with 

7 industry stakeholders for key frontline 

8 transit occupations with demonstrated 

9 skill gaps; 

10 ‘‘(II) developing recommenda11 tions and best practices for cur12 riculum and recognized postsecondary 

13 credentials, including related instruc14 tion and on-the-job learning for reg15 istered apprenticeship programs for 

16 transit maintenance and operations 

17 occupations; 

18 ‘‘(III) building local, regional, 

19 and statewide transit training part20 nerships to identify and address work21 force skill gaps and develop skills, 

22 competencies, and recognized postsec23 ondary credentials needed for deliv24 ering quality transit service and sup25 porting employee career advancement; 


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1 ‘‘(IV) developing programs for 

2 training of transit frontline workers, 

3 instructors, mentors, and labor-man4 agement partnership representatives, 

5 in the form of classroom, hands-on, 

6 on-the-job, and web-based training, 

7 delivered at a national center, region8 ally, or at individual transit agencies; 

9 ‘‘(V) developing training pro10 grams for skills and competencies re11 lated to existing and emerging transit 

12 technologies, including zero emission 

13 buses; 

14 ‘‘(VI) developing improved capac15 ity for safety, security, and emergency 

16 preparedness in local transit systems 

17 and in the industry as a whole 

18 through— 

19 ‘‘(aa) developing the role of 

20 the transit frontline workforce in 

21 building and sustaining safety 

22 culture and safety systems in the 

23 industry and in individual public 

24 transportation systems; and 


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1 ‘‘(bb) training to address 

2 transit frontline worker roles in 

3 promoting health and safety for 

4 transit workers and the riding 

5 public; 

6 ‘‘(VII) developing local transit 

7 capacity for career pathways pro8 grams with schools and other commu9 nity organizations for recruiting and 

10 training under-represented popu11 lations as successful transit employees 

12 who can develop careers in the transit 

13 industry; 

14 ‘‘(VIII) in collaboration with the 

15 Administrator of the Federal Transit 

16 Administration, the Bureau of Labor 

17 Statistics, the Employment and 

18 Training Adminstration, and organi19 zations representing public transit 

20 agencies, conducting and dissemi21 nating research to— 

22 ‘‘(aa) provide transit work23 force job projections and identify 

24 training needs and gaps; 


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1 ‘‘(bb) determine the most 

2 cost-effective methods for transit 

3 workforce training and develop4 ment, including return on invest5 ment analysis; 

6 ‘‘(cc) identify the most effec7 tive methods for implementing 

8 successful safety systems and a 

9 positive safety culture; and 

10 ‘‘(dd) promote transit work11 force best practices for achieving 

12 cost-effective, quality, safe, and 

13 reliable public transportation 

14 services; and 

15 ‘‘(IX) providing culturally com16 petent training and educational pro17 grams to all who participate, regard18 less of gender, sexual orientation, or 

19 gender identity, including those with 

20 limited English proficiency, diverse 

21 cultural and ethnic backgrounds, and 

22 disabilities. 

23 ‘‘(C) COORDINATION.—The Secretary shall 

24 coordinate activities under this section, to the 

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1 ment and Training Administration, including 

2 the National Office of Apprenticeship of the 

3 Department of Labor and the Office of Career, 

4 Technical, and Adult Education of the Depart5 ment of Education. 

6 ‘‘(D) AVAILABILITY OF AMOUNTS.— 

7 ‘‘(i) IN GENERAL.—Not more than 1 

8 percent of amounts made available to a re9 cipient under sections 5307, 5337, and 

10 5339 and not more than 2 percent of 

11 amounts made available to a recipient 

12 under section 5311 is available for expend13 itures by the recipient, with the approval 

14 of the Secretary, to pay not more than 80 

15 percent of the cost of eligible activities 

16 under this subsection. 

17 ‘‘(ii) EXISTING PROGRAMS.—A recipi18 ent may use amounts made available under 

19 clause (i) to carry out existing local edu20 cation and training programs for public 

21 transportation employees supported by the 

22 Secretary, the Department of Labor, or 

23 the Department of Education. 

24 ‘‘(iii) LIMITATION.—Any funds made 

25 available under this section that are used 


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1 to fund an apprenticeship or apprentice2 ship program shall only be used for, or 

3 provided to, a registered apprenticeship 

4 program, including any funds awarded for 

5 the purposes of grants, contracts, or coop6 erative agreements, or the development, 

7 implementation, or administration, of an 

8 apprenticeship or an apprenticeship pro9 gram. 

10 ‘‘(E) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) CAREER PATHWAY.—The term 

12 ‘career pathway’ has the meaning given 

13 such term in section 3 of the Workforce 

14 Innovation and Opportunity Act (29 

15 U.S.C. 3102). 

16 ‘‘(ii) RECOGNIZED POSTSECONDARY

17 CREDENTIAL.—The term ‘recognized post18 secondary credential’ has the meaning 

19 given such term in section 3 of the Work20 force Innovation and Opportunity Act (29 

21 U.S.C. 3102). 

22 ‘‘(iii) REGISTERED APPRENTICESHIP

23 PROGRAM.—The term ‘registered appren24 ticeship program’ means an apprenticeship 

25 program registered with the Department of 


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1 Labor or a Federally-recognized State Ap2 prenticeship Agency and that complies with 

3 the requirements under parts 29 and 30 of 

4 title 29, Code of Federal Regulations, as in 

5 effect on January 1, 2019.’’; 

6 (2) in paragraph (3) by striking ‘‘or (2)’’; and 

7 (3) by striking paragraph (4). 

8 SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

9 Section 5329 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (b)(2)(C)(ii)— 

12 (A) in subclause (I) by striking ‘‘and’’ at 

13 the end; 

14 (B) in subclause (II) by striking the semi15 colon and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(III) innovations in driver as18 sistance technologies and driver pro19 tection infrastructure where appro20 priate, and a reduction in visibility 

21 impairments that contribute to pedes22 trian fatalities;’’; 

23 (2) in subsection (b)(2)— 


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1 (A) by redesignating subparagraphs (D) 

2 and (E) as subparagraphs (E) and (F), respec3 tively; and 

4 (B) by inserting after subparagraph (C) 

5 the following: 

6 ‘‘(D) in consultation with the Secretary of 

7 the Department of Health and Human Services, 

8 precautionary and reactive actions required to 

9 ensure public and personnel safety and health 

10 during an emergency as defined in section 

11 5324;’’; 

12 (3) in subsection (d)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A) by inserting 

15 ‘‘the safety committee established under 

16 paragraph (4), and subsequently,’’ before 

17 ‘‘the board of directors’’; 

18 (ii) in subparagraph (C) by striking 

19 ‘‘public, personnel, and property’’ and in20 serting ‘‘public and personnel to injuries, 

21 assaults, fatalities, and, consistent with 

22 guidelines by the Centers for Disease Con23 trol and Prevention, infectious diseases, 

24 and strategies to minimize the exposure of 

25 property’’; 


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1 (iii) in subparagraph (F) by striking 

2 ‘‘and’’ at the end; and 

3 (iv) by striking subparagraph (G) and 

4 inserting the following: 

5 ‘‘(G) a comprehensive staff training pro6 gram for the operations and maintenance per7 sonnel and personnel directly responsible for 

8 safety of the recipient that includes— 

9 ‘‘(i) the completion of a safety train10 ing program; 

11 ‘‘(ii) continuing safety education and 

12 training; and 

13 ‘‘(iii) de-escalation training; 

14 ‘‘(H) a requirement that the safety com15 mittee only approve a safety plan under sub16 paragraph (A) if such plan stays within such 

17 recipient’s fiscal budget; and 

18 ‘‘(I) a risk reduction program for transit 

19 operations to improve safety by reducing the 

20 number and rates of accidents, injuries, and as21 saults on transit workers using data submitted 

22 to the National Transit Database, including— 

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1 ments for bus operators that contribute to 

2 accidents, including retrofits to buses in 

3 revenue service and specifications for fu4 ture procurements that reduce visibility 

5 impairments; and 

6 ‘‘(ii) transit worker assault mitigation, 

7 including the deployment of assault mitiga8 tion infrastructure and technology on 

9 buses, including barriers to restrict the un10 wanted entry of individuals and objects 

11 into bus operators’ workstations when a re12 cipient’s risk analysis performed by the 

13 safety committee established in paragraph 

14 (4) determines that such barriers or other 

15 measures would reduce assaults on and in16 juries to transit workers.’’; and 

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

18 ‘‘(4) SAFETY COMMITTEE.—For purposes of the 

19 approval process of an agency safety plan under 

20 paragraph (1), the safety committee shall be con21 vened by a joint labor-management process and con22 sist of an equal number of— 

23 ‘‘(A) frontline employee representatives, se24 lected by the labor organization representing 

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1 ployed by the recipient or if applicable a con2 tractor to the recipient; and 

3 ‘‘(B) employer or State representatives.’’; 

4 and 

5 (4) in subsection (e)(4)(A)(v) by inserting ‘‘, in6 spection,’’ after ‘‘has investigative’’. 

7 SEC. 2603. INNOVATION WORKFORCE STANDARDS. 

8 (a) PROHIBITION ON USE OF FUNDS.—No financial 

9 assistance under chapter 53 of title 49, United States 

10 Code, may be used for— 

11 (1) an automated vehicle providing public trans12 portation unless— 

13 (A) the recipient of such assistance that 

14 proposes to deploy an automated vehicle pro15 viding public transportation certifies to the Sec16 retary of Transportation that the deployment 

17 does not eliminate or reduce the frequency of 

18 existing public transportation service; and 

19 (B) the Secretary receives, approves, and 

20 publishes the workforce development plan under 

21 subsection (b) submitted by the eligible entity 

22 when required by subsection (b)(1); and 

23 (2) a mobility on demand service unless— 

24 (A) the recipient of such assistance that 

25 proposes to deploy a mobility on demand service 


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1 certifies to the Secretary that the service meets 

2 the criteria under section 5307, 5310, 5311, 

3 5312, or 5316 of title 49, United States Code; 

4 and 

5 (B) the Secretary receives, approves, and 

6 publishes the workforce development plan under 

7 subsection (b) submitted by the eligible entity 

8 when required by subsection (b)(1). 

9 (b) WORKFORCE DEVELOPMENT PLAN.— 

10 (1) IN GENERAL.—A recipient of financial as11 sistance under chapter 53 of title 49, United States 

12 Code, proposing to deploy an automated vehicle pro13 viding public transportation or mobility on demand 

14 service shall submit to the Secretary, prior to imple15 mentation of such service, a workforce development 

16 plan if such service, combined with any other auto17 mated vehicle providing public transportation or mo18 bility on demand service offered by such recipient, 

19 would exceed more than 0.5 percent of the recipi20 ent’s total annual transit passenger miles traveled. 

21 (2) CONTENTS.—The workforce development 

22 plan under subsection (a) shall include the following: 

23 (A) A description of services offered by ex24 isting conventional modes of public transpor25 tation in the area served by the recipient that 


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1 could be affected by the proposed automated ve2 hicle providing public transportation or mobility 

3 on demand service, including jobs and functions 

4 of such jobs. 

5 (B) A forecast of the number of jobs pro6 vided by existing conventional modes of public 

7 transportation that would be eliminated or that 

8 would be substantially changed and the number 

9 of jobs expected to be created by the proposed 

10 automated vehicle providing public transpor11 tation or mobility on demand service over a 5- 

12 year period from the date of the publication of 

13 the workforce development plan. 

14 (C) Identified gaps in skills needed to op15 erate and maintain the proposed automated ve16 hicle providing public transportation or mobility 

17 on demand service. 

18 (D) A comprehensive plan to transition, 

19 train, or retrain employees that could be af20 fected by the proposed automated vehicle pro21 viding public transportation or mobility on de22 mand service. 

23 (E) An estimated budget to transition, 

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1 portation or mobility on demand service over a 

2 5-year period from the date of the publication 

3 of the workforce development plan. 

4 (c) NOTICE REQUIRED.— 

5 (1) IN GENERAL.—A recipient of financial as6 sistance under chapter 53 of title 49, United States 

7 Code, shall issue a notice to employees who, due to 

8 the use of an automated vehicle providing public 

9 transportation or mobility on demand service, may 

10 be subjected to a loss of employment or a change in 

11 responsibilities not later than 60 days before signing 

12 a contract for such service or procurement. A recipi13 ent shall provide employees copies of a request for 

14 a proposal related to an automated vehicle providing 

15 public transportation or mobility on demand services 

16 at the time such request is issued. 

17 (2) CONTENT.—The notice required in para18 graph (1) shall include the following: 

19 (A) A description of the automated vehicle 

20 providing public transportation or mobility on 

21 demand service. 

22 (B) The impact of the automated vehicle 

23 providing public transportation or mobility on 

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1 tions will be affected and whether any new posi2 tions will be created. 

3 (d) DEFINITIONS.—In this section: 

4 (1) AUTOMATED VEHICLE.—The term ‘‘auto5 mated vehicle’’ means a motor vehicle that— 

6 (A) is capable of performing the entire 

7 task of driving (including steering, accelerating 

8 and decelerating, and reacting to external stim9 ulus) without human intervention; and 

10 (B) is designed to be operated exclusively 

11 by a Level 4 or Level 5 automated driving sys12 tem for all trips according to the recommended 

13 practice standards published on June 15, 2018, 

14 by the Society of Automotive Engineers Inter15 national (J3016l201806) or equivalent stand16 ards adopted by the Secretary with respect to 

17 automated motor vehicles. 

18 (2) MOBILITY ON DEMAND.—The term ‘‘mobil19 ity on demand’’ has the meaning given such term in 

20 section 5316 of title 49, United States Code. 

21 (3) PUBLIC TRANSPORTATION.—The term 

22 ‘‘public transportation’’ has the meaning given such 

23 term in section 5302 of title 49, United States Code. 

24 (e) SAVINGS CLAUSE.—Nothing in this section shall 

25 prohibit the use of funds for an eligible activity or pilot 


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1 project of a covered recipient authorized under current law 

2 prior to the date of enactment of this Act. 

3 SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET 

4 ASIDES. 

5 Section 5329(d)(2) of title 49, United States Code, 

6 is amended to read as follows: 

7 ‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS8 URES.— 

9 ‘‘(A) IN GENERAL.—The safety committee 

10 described in paragraph (4) shall establish per11 formance measures for the risk reduction pro12 gram in paragraph (1)(I) using a 3-year rolling 

13 average of the data submitted by the recipient 

14 to the National Transit Database. 

15 ‘‘(B) SAFETY SET ASIDE.—With respect to 

16 a recipient serving an urbanized area that re17 ceives funds under section 5307, such recipient 

18 shall allocate not less than 0.75 percent of such 

19 funds to projects eligible under section 5307. 

20 ‘‘(C) FAILURE TO MEET PERFORMANCE

21 MEASURES.—Any recipient that receives funds 

22 under section 5307 that does not meet the per23 formance measures established in subparagraph 

24 (A) shall allocate the amount made available in 


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1 subparagraph (B) in the following fiscal year to 

2 projects described in subparagraph (D). 

3 ‘‘(D) ELIGIBLE PROJECTS.—Funds set 

4 aside under this paragraph shall be used for 

5 projects that are reasonably likely to meet the 

6 performance measures established in subpara7 graph (A), including modifications to rolling 

8 stock and de-escalation training.’’. 

9 SEC. 2605. U.S. EMPLOYMENT PLAN. 

10 (a) IN GENERAL.—Chapter 53 of title 49, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 5341. U.S. Employment Plan 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) COMMITMENT TO HIGH-QUALITY CAREER

16 AND BUSINESS OPPORTUNITIES.—The term ‘com17 mitment to high-quality career and business oppor18 tunities’ means participation in a registered appren19 ticeship program. 

20 ‘‘(2) COVERED INFRASTRUCTURE PROGRAM.— 

21 The term ‘covered infrastructure program’ means 

22 any activity under a program or project under this 

23 chapter for the purchase or acquisition of rolling 

24 stock. 


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1 ‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. 

2 Employment Plan’ means a plan under which an en3 tity receiving Federal assistance for a project under 

4 a covered infrastructure program shall— 

5 ‘‘(A) include in a request for proposal an 

6 encouragement for bidders to include, with re7 spect to the project— 

8 ‘‘(i) high-quality wage, benefit, and 

9 training commitments by the bidder and 

10 the supply chain of the bidder for the 

11 project; and 

12 ‘‘(ii) a commitment to recruit and hire 

13 individuals described in subsection (e) if 

14 the project results in the hiring of employ15 ees not currently or previously employed by 

16 the bidder and the supply chain of the bid17 der for the project; 

18 ‘‘(B) give preference for the award of the 

19 contract to a bidder that includes the commit20 ments described in clauses (i) and (ii) of sub21 paragraph (A); and 

22 ‘‘(C) ensure that each bidder that includes 

23 the commitments described in clauses (i) and 

24 (ii) of subparagraph (A) that is awarded a con25 tract complies with those commitments. 


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1 ‘‘(4) REGISTERED APPRENTICESHIP PRO2 GRAM.—The term ‘registered apprenticeship pro3 gram’ means an apprenticeship program registered 

4 under the Act of August 16, 1937 (commonly known 

5 as the ‘National Apprenticeship Act’; 50 Stat. 664, 

6 chapter 663; 29 U.S.C. 50 et seq.), including any re7 quirement, standard, or rule promulgated under 

8 such Act, as such requirement, standard, or rule was 

9 in effect on December 30, 2019. 

10 ‘‘(b) BEST-VALUE FRAMEWORK.—To the maximum 

11 extent practicable, a recipient of assistance under a cov12 ered infrastructure program is encouraged— 

13 ‘‘(1) to ensure that each dollar invested in in14 frastructure uses a best-value contracting framework 

15 to maximize the local value of federally funded con16 tracts by evaluating bids on price and other tech17 nical criteria prioritized in the bid, such as— 

18 ‘‘(A) equity; 

19 ‘‘(B) environmental and climate justice; 

20 ‘‘(C) impact on greenhouse gas emissions; 

21 ‘‘(D) resilience; 

22 ‘‘(E) the results of a 40-year life-cycle 

23 analysis; 

24 ‘‘(F) safety; 


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1 ‘‘(G) commitment to creating or sustaining 

2 high-quality job opportunities affiliated with 

3 registered apprenticeship programs (as defined 

4 in subsection (a)(3)) for disadvantaged or 

5 underrepresented individuals in infrastructure 

6 industries in the United States; and 

7 ‘‘(H) access to jobs and essential services 

8 by all modes of travel for all users, including in9 dividuals with disabilities; and 

10 ‘‘(2) to ensure community engagement, trans11 parency, and accountability in carrying out each 

12 stage of the project. 

13 ‘‘(c) PREFERENCE FOR REGISTERED APPRENTICE14 SHIP PROGRAMS.—To the maximum extent practicable, a 

15 recipient of assistance under a covered infrastructure pro16 gram, with respect to the project for which the assistance 

17 is received, shall give preference to a bidder that dem18 onstrates a commitment to high-quality job opportunities 

19 affiliated with registered apprenticeship programs. 

20 ‘‘(d) USE OF U.S. EMPLOYMENT PLAN.—Notwith21 standing any other provision of law, in carrying out a 

22 project under a covered infrastructure program that re23 ceives assistance under this chapter, the recipient shall use 

24 a U.S. Employment Plan for each contract of $10,000,000 


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1 or more for the purchase of manufactured goods or of 

2 services, based on an independent cost estimate. 

3 ‘‘(e) PRIORITY.—The Secretary shall ensure that the 

4 entity carrying out a project under the covered infrastruc5 ture program gives priority to— 

6 ‘‘(1) individuals with a barrier to employment 

7 (as defined in section 3 of the Workforce Innovation 

8 and Opportunity Act (29 U.S.C. 3102)), including 

9 ex-offenders and disabled individuals; 

10 ‘‘(2) veterans; and 

11 ‘‘(3) individuals that represent populations that 

12 are traditionally underrepresented in the infrastruc13 ture workforce, such as women and racial and ethnic 

14 minorities. 

15 ‘‘(f) REPORT.—Not less frequently than once each 

16 fiscal year, the Secretary shall jointly submit to Congress 

17 a report describing the implementation of this section. 

18 ‘‘(g) INTENT OF CONGRESS.— 

19 ‘‘(1) IN GENERAL.—It is the intent of Con20 gress— 

21 ‘‘(A) to encourage recipients of Federal as22 sistance under covered infrastructure programs 

23 to use a best-value contracting framework de24 scribed in subsection (b) for the purchase of 

25 goods and services; 


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1 ‘‘(B) to encourage recipients of Federal as2 sistance under covered infrastructure programs 

3 to use preferences for registered apprenticeship 

4 programs as described in subsection (c) when 

5 evaluating bids for projects using that assist6 ance; 

7 ‘‘(C) to require that recipients of Federal 

8 assistance under covered infrastructure pro9 grams use the U.S. Employment Plan in car10 rying out the project for which the assistance 

11 was provided; and 

12 ‘‘(D) that full and open competition under 

13 covered infrastructure programs means a proce14 dural competition that prevents corruption, fa15 voritism, and unfair treatment by recipient 

16 agencies. 

17 ‘‘(2) INCLUSION.—A best-value contracting 

18 framework described in subsection (b) is a frame19 work that authorizes a recipient of Federal assist20 ance under a covered infrastructure program, in 

21 awarding contracts, to evaluate a range of factors, 

22 including price, the quality of products, the quality 

23 of services, and commitments to the creation of good 

24 jobs for all people in the United States.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 53 of title 49, United States Code, is amended by add3 ing at the end the following: 

‘‘5341. U.S. Employment Plan.’’. 

4 SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DE5 VELOPMENT. 

6 Section 5314(a) of title 49, United States Code, is 

7 amended— 

8 (1) in paragraph (2) by inserting after subpara9 graph (H) (as added by section 2104 of this Act) 

10 the following: 

11 ‘‘(I) provide innovation and capacity-build12 ing to rural and tribal public transportation re13 cipients that do not duplicate the activities of 

14 sections 5311(b) or 5312;’’; and 

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

16 ‘‘(5) AVAILABILITY OF AMOUNTS.—Of the 

17 amounts made available to carry out this section 

18 under section 5338(a)(2)(G)(i), $1,500,000 shall be 

19 available to carry out activities described in para20 graph (2)(I).’’. 

21 SEC. 2607. RESILIENT PUBLIC TRANSPORTATION STUDY. 

22 (a) STUDY.—The Secretary of Transportation shall 

23 conduct a study on resilience planning and innovative re24 silience strategies for public transportation and shared 

25 mobility. 


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1 (b) CONTENTS.—In carrying out the study under 

2 subsection (a), the Secretary shall assess— 

3 (1) best practices for making public transpor4 tation more resilient to external shocks, such as 

5 pandemics and natural hazards; and 

6 (2) new materials and technologies that may 

7 improve the resilience of public transportation and 

8 shared mobility, including innovative transit vehicles, 

9 emerging electric vehicle chassis platforms, and 

10 smart air quality control systems. 

11 (c) PARTNERSHIPS.—In carrying out the study under 

12 subsection (a), the Secretary shall consult with institutions 

13 of higher education, as such term is defined in section 101 

14 of the Higher Education Act of 1965 (20 U.S.C. 1001), 

15 academic experts, and nonprofit organizations with exper16 tise in engineering, travel behavior, artificial intelligence, 

17 policy analysis, planning, public healthy and safety, and 

18 social and racial equity. 

19 (d) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary shall submit to 

21 the Committee on Transportation and Infrastructure of 

22 the House of Representatives and the Committee on Com23 merce, Science, and Transportation of the Senate a report 

24 containing the results of the study conducted under sub25 section (a). 


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1 SEC. 2608. SENSE OF CONGRESS REGARDING ELECTRIC VE2 HICLE TRANSITION STRATEGY. 

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

4 (1) The transition to a modern electric fleet 

5 managed by the nation’s transit agencies represents 

6 a key opportunity to modernize and green the public 

7 transit fleets. 

8 (2) The impending fleet transition presents dif9 ficult workforce challenges for the transit agencies 

10 and their frontline workers as they prepare for the 

11 differences in purchasing, maintaining, and man12 aging new electric buses and the related mainte13 nance systems. 

14 (3) The maintenance of electric engines re15 quires fewer mechanics than does the maintenance 

16 of diesel and natural gas engines, which make up 

17 more than 99 percent of bus fleets in the United 

18 States. 

19 (4) Although approximately 400,000 people 

20 work in public transportation, and of that figure, 90 

21 percent work in the frontline occupations, because of 

22 retirements and a massive transition in the transit 

23 workforce, large changes are bound for workers, 

24 transit agencies, and the communities that the tran25 sit workforce serves. 


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1 (5) Based on the Department of Transportation 

2 and the Department of Labor data from 2014, tran3 sit systems needed to hire, train, and retain approxi4 mately 126 percent of their workforce over a 10-year 

5 period. 

6 (6) The Department of Transportation, the 

7 Federal Railroad Administration, and sister Federal 

8 agencies like the Department of Energy and the De9 partment of Labor can offer resources, strategy, and 

10 a research and development plan to prepare and as11 sist in the upcoming transition to electric and clean 

12 vehicle systems. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the transit industry needs an integrated, coop15 erative, and forward-looking workforce development strat16 egy in order to help frontline workers and the transit 

17 agencies prepare for and mitigate the workforce disruption 

18 challenges posed by the transition to electric vehicles and 

19 electric buses. 

20 Subtitle G—Transit-Supportive 

21 Communities 

22 SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES. 

23 (a) IN GENERAL.—Chapter 53 of title 49, United 

24 States Code, is amended by inserting after section 5327 

25 the following: 


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1 ‘‘§ 5328. Transit-supportive communities 

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab3 lish within the Federal Transit Administration, an Office 

4 of Transit-Supportive Communities to make grants, pro5 vide technical assistance, and assist in the coordination 

6 of transit and housing policies within the Federal Transit 

7 Administration, the Department of Transportation, and 

8 across the Federal Government. 

9 ‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLANNING

10 GRANT PROGRAM.— 

11 ‘‘(1) DEFINITION.—In this subsection the term 

12 ‘eligible project’ means— 

13 ‘‘(A) a new fixed guideway capital project 

14 or a core capacity improvement project as de15 fined in section 5309; 

16 ‘‘(B) an existing fixed guideway system, or 

17 an existing station that is served by a fixed 

18 guideway system; or 

19 ‘‘(C) the immediate corridor along the 

20 highest 25 percent of routes by ridership as 

21 demonstrated in section 5336(b)(2)(B). 

22 ‘‘(2) GENERAL AUTHORITY.—The Secretary 

23 may make grants under this subsection to a State, 

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1 sive planning associated with an eligible project that 

2 seeks to— 

3 ‘‘(A) enhance economic development, rider4 ship, equity, reduction of greenhouse gas emis5 sions, or other goals established during the 

6 project development and engineering processes 

7 or the grant application; 

8 ‘‘(B) facilitate multimodal connectivity and 

9 accessibility; 

10 ‘‘(C) increase access to transit hubs for pe11 destrian and bicycle traffic; 

12 ‘‘(D) enable mixed-use development; 

13 ‘‘(E) identify infrastructure needs associ14 ated with the eligible project; and 

15 ‘‘(F) include private sector participation. 

16 ‘‘(3) ELIGIBILITY.—A State, local governmental 

17 authority, or metropolitan planning organization 

18 that desires to participate in the program under this 

19 subsection shall submit to the Secretary an applica20 tion that contains at a minimum— 

21 ‘‘(A) an identification of an eligible project; 

22 ‘‘(B) a schedule and process for the devel23 opment of a comprehensive plan; 

24 ‘‘(C) a description of how the eligible 

25 project and the proposed comprehensive plan 


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1 advance the metropolitan transportation plan of 

2 the metropolitan planning organization; 

3 ‘‘(D) proposed performance criteria for the 

4 development and implementation of the com5 prehensive plan; 

6 ‘‘(E) a description of how the project will 

7 advance equity and reduce and mitigate social 

8 and economic impacts on existing residents and 

9 businesses and communities historically ex10 cluded from economic opportunities vulnerable 

11 to displacement; and 

12 ‘‘(F) identification of— 

13 ‘‘(i) partners; 

14 ‘‘(ii) availability of and authority for 

15 funding; and 

16 ‘‘(iii) potential State, local or other 

17 impediments to the implementation of the 

18 comprehensive plan. 

19 ‘‘(4) COST SHARE.—A grant under this sub20 section shall not exceed an amount in excess of 80 

21 percent of total project costs, except that a grant 

22 that includes an affordable housing component shall 

23 not exceed an amount in excess of 90 percent of 

24 total project costs. 


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1 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

2 provide technical assistance to States, local governmental 

3 authorities, and metropolitan planning organizations in 

4 the planning and development of transit-oriented develop5 ment projects and transit-supportive corridor policies, in6 cluding— 

7 ‘‘(1) the siting, planning, financing, and inte8 gration of transit-oriented development projects; 

9 ‘‘(2) the integration of transit-oriented develop10 ment and transit-supportive corridor policies in the 

11 preparation for and development of an application 

12 for funding under section 602 of title 23; 

13 ‘‘(3) the siting, planning, financing, and inte14 gration of transit-oriented development and transit15 supportive corridor policies associated with projects 

16 under section 5309; 

17 ‘‘(4) the development of housing feasibility as18 sessments as allowed under section 5309(g)(3)(B); 

19 ‘‘(5) the development of transit-supportive cor20 ridor policies that promote transit ridership and 

21 transit-oriented development; 

22 ‘‘(6) the development, implementation, and 

23 management of land value capture programs; and 

24 ‘‘(7) the development of model contracts, model 

25 codes, and best practices for the implementation of 


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1 transit-oriented development projects and transit2 supportive corridor policies. 

3 ‘‘(d) VALUE CAPTURE POLICY REQUIREMENTS.— 

4 ‘‘(1) VALUE CAPTURE POLICY.—Not later than 

5 October 1 of the fiscal year that begins 2 years after 

6 the date of enactment of this section, the Secretary, 

7 in collaboration with State departments of transpor8 tation, metropolitan planning organizations, and re9 gional council of governments, shall establish vol10 untary and consensus-based value capture stand11 ards, policies, and best practices for State and local 

12 value capture mechanisms that promote greater in13 vestments in public transportation and affordable 

14 transit-oriented development. 

15 ‘‘(2) REPORT.—Not later than 15 months after 

16 the date of enactment of this section, the Secretary 

17 shall make available to the public a report cataloging 

18 examples of State and local laws and policies that 

19 provide for value capture and value sharing that pro20 mote greater investment in public transportation and 

21 affordable transit-oriented development. 

22 ‘‘(e) EQUITY.—In providing technical assistance 

23 under subsection (c), the Secretary shall incorporate strat24 egies to promote equity for underrepresented and under25 served communities, including— 


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1 ‘‘(1) preventing displacement of existing resi2 dents and businesses; 

3 ‘‘(2) mitigating rent and housing price in4 creases; 

5 ‘‘(3) incorporating affordable rental and owner6 ship housing in transit-oriented development; 

7 ‘‘(4) engaging under-served, limited English 

8 proficiency, low-income, and minority communities 

9 in the planning process; 

10 ‘‘(5) fostering economic development opportuni11 ties for existing residents and businesses; and 

12 ‘‘(6) targeting affordable housing that help less13 en homelessness. 

14 ‘‘(f) AUTHORITY TO REQUEST STAFFING ASSIST15 ANCE.—In fulfilling the duties of this section, the Sec16 retary shall, as needed, request staffing and technical as17 sistance from other Federal agencies, programs, adminis18 trations, boards, or commissions. 

19 ‘‘(g) REVIEW EXISTING POLICIES AND PROGRAMS.— 

20 Not later than 24 months after the date of enactment of 

21 this section, the Secretary shall review and evaluate all 

22 existing policies and programs within the Federal Transit 

23 Administration that support or promote transit-oriented 

24 development to ensure their coordination and effectiveness 

25 relative to the goals of this section. 


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1 ‘‘(h) REPORTING.—Not later than February 1 of 

2 each year beginning the year after the date of enactment 

3 of this section, the Secretary shall prepare a report detail4 ing the grants and technical assistance provided under this 

5 section, the number of affordable housing units con6 structed or planned as a result of projects funded in this 

7 section, and the number of affordable housing units con8 structed or planned as a result of a property transfer 

9 under section 5334(h)(1). The report shall be provided to 

10 the Committee on Transportation and Infrastructure of 

11 the House of Representatives and the Committee on 

12 Banking, Housing, and Urban Affairs of the Senate. 

13 ‘‘(i) SAVINGS CLAUSE.—Nothing in this section au14 thorizes the Secretary to provide any financial assistance 

15 for the construction of housing. 

16 ‘‘(j) PRIORITY FOR LOW-INCOME AREAS.—In award17 ing grants under this section, the Secretary shall give pri18 ority to projects under this section that expand or build 

19 transit in low-income areas or that provide access to public 

20 transportation to low-income areas that do not have access 

21 to public transportation.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 53 of title 49, United States Code, is amended by in24 serting after the item relating to section 5327 the fol25 lowing: 

‘‘5328. Transit-supportive communities.’’. 


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1 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

2 Section 20005 of the MAP–21 (Public Law 112–141) is 

3 amended— 

4 (1) by striking ‘‘(a) AMENDMENT.—’’; and 

5 (2) by striking subsection (b). 

6 SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE 

7 HOUSING. 

8 Section 5334(h)(1) of title 49, United States Code, 

9 is amended to read as follows: 

10 ‘‘(1) IN GENERAL.—If a recipient of assistance 

11 under this chapter decides an asset acquired under 

12 this chapter at least in part with that assistance is 

13 no longer needed for the purpose for which such 

14 asset was acquired, the Secretary may authorize the 

15 recipient to transfer such asset to— 

16 ‘‘(A) a local governmental authority to be 

17 used for a public purpose with no further obli18 gation to the Government if the Secretary de19 cides— 

20 ‘‘(i) the asset will remain in public use 

21 for at least 5 years after the date the asset 

22 is transferred; 

23 ‘‘(ii) there is no purpose eligible for 

24 assistance under this chapter for which the 

25 asset should be used; 


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1 ‘‘(iii) the overall benefit of allowing 

2 the transfer is greater than the interest of 

3 the Government in liquidation and return 

4 of the financial interest of the Government 

5 in the asset, after considering fair market 

6 value and other factors; and 

7 ‘‘(iv) through an appropriate screen8 ing or survey process, that there is no in9 terest in acquiring the asset for Govern10 ment use if the asset is a facility or land; 

11 or 

12 ‘‘(B) a local governmental authority, non13 profit organization, or other third party entity 

14 to be used for the purpose of transit-oriented 

15 development with no further obligation to the 

16 Government if the Secretary decides— 

17 ‘‘(i) the asset is a necessary compo18 nent of a proposed transit-oriented devel19 opment project; 

20 ‘‘(ii) the transit-oriented development 

21 project will increase transit ridership; 

22 ‘‘(iii) at least 40 percent of the hous23 ing units offered in the transit-oriented de24 velopment, including housing units owned 

25 by nongovernmental entities, are legally 


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1 binding affordability restricted to tenants 

2 with incomes at or below 60 percent of the 

3 area median income or owners with in4 comes at or below 60 percent the area me5 dian income; 

6 ‘‘(iv) the asset will remain in use as 

7 described in this section for at least 30 

8 years after the date the asset is trans9 ferred; and 

10 ‘‘(v) with respect to a transfer to a 

11 third party entity— 

12 ‘‘(I) a local government authority 

13 or nonprofit organization is unable to 

14 receive the property; 

15 ‘‘(II) the overall benefit of allow16 ing the transfer is greater than the in17 terest of the Government in liquida18 tion and return of the financial inter19 est of the Government in the asset, 

20 after considering fair market value 

21 and other factors; and 

22 ‘‘(III) the third party has dem23 onstrated a satisfactory history of 

24 construction or operating an afford25 able housing development.’’. 


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1 SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL 

2 INVESTMENT GRANTS. 

3 Section 5309 of title 49, United States Code, is fur4 ther amended— 

5 (1) in subsection (g)— 

6 (A) in paragraph (2)(B)— 

7 (i) in clause (i) by striking ‘‘; and’’ 

8 and inserting a semicolon; 

9 (ii) in clause (ii) by striking the pe10 riod and inserting ‘‘; and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(iii) in the case of a new fixed guide14 way capital project or a core capacity im15 provement project, allow a weighting up to 

16 5 percentage points greater to the eco17 nomic development or land use criterion 

18 and up to 5 percentage points lesser to the 

19 lowest scoring criterion if the applicant 

20 demonstrates substantial efforts to pre21 serve or encourage affordable housing near 

22 the project by providing documentation of 

23 policies that allow by-right multi-family 

24 housing, single room occupancy units, or 

25 accessory dwelling units, providing local 

26 capital sources for transit-oriented developVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 ment, or demonstrate other methods as de2 termined by the Secretary.’’; and 

3 (B) in paragraph (3) by adding at the end 

4 the following: 

5 ‘‘(B) establish a warrant that applies to 

6 the economic development or land use project 

7 justification criteria, provided that the applicant 

8 that requests a warrant under this process has 

9 completed and submitted a housing feasibility 

10 assessment.’’; and 

11 (2) in subsection (l)(4) by adding at the end the 

12 following: 

13 ‘‘(E) from grant proceeds distributed 

14 under section 103 of the Housing and Commu15 nity Development Act of 1974 (42 U.S.C. 

16 5303) or section 201 of the Public Works and 

17 Economic Development Act of 1965 (42 U.S.C. 

18 3141) provided that— 

19 ‘‘(i) such funds are used in conjunc20 tion with the planning or development of 

21 affordable housing; and 

22 ‘‘(ii) such affordable housing is lo23 cated within one-half of a mile of a new 

24 station.’’. 


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1 Subtitle H—Innovation 

2 SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM. 

3 Section 5312(d) of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(3) MOBILITY INNOVATION SANDBOX PRO6 GRAM.—The Secretary may make funding available 

7 under this subsection to carry out research on mobil8 ity on demand and mobility as a service activities eli9 gible under section 5316.’’. 

10 SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDE11 SIGN PROGRAM. 

12 Section 5312(d) of title 49, United States Code, is 

13 further amended by adding at the end the following: 

14 ‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT

15 REDESIGN PROGRAM.— 

16 ‘‘(A) IN GENERAL.—The Secretary may 

17 make funding available under this subsection to 

18 carry out research on redesigning transit bus 

19 operator compartments to improve safety, oper20 ational efficiency, and passenger accessibility. 

21 ‘‘(B) OBJECTIVES.—Research objectives 

22 under this paragraph shall include— 

23 ‘‘(i) increasing bus operator safety 

24 from assaults; 


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1 ‘‘(ii) optimizing operator visibility and 

2 reducing operator distractions to improve 

3 safety of bus passengers, pedestrians, 

4 bicyclists, and other roadway users; 

5 ‘‘(iii) expanding passenger accessi6 bility for positive interactions between op7 erators and passengers, including assisting 

8 passengers in need of special assistance; 

9 ‘‘(iv) accommodating passenger board10 ing, alighting, and securement consistent 

11 with the Americans with Disabilities Act of 

12 1990 (42 U.S.C. 12101 et seq.); and 

13 ‘‘(v) improving ergonomics to reduce 

14 bus operator work-related health issues 

15 and injuries, as well as locate key instru16 ment and control interfaces to improve 

17 operational efficiency and convenience. 

18 ‘‘(C) ACTIVITIES.—Eligible activities under 

19 this paragraph shall include— 

20 ‘‘(i) measures to reduce visibility im21 pairments and distractions for bus opera22 tors that contribute to accidents, including 

23 retrofits to buses in revenue service and 

24 specifications for future procurements that 


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1 reduce visibility impairments and distrac2 tions; 

3 ‘‘(ii) the deployment of assault mitiga4 tion infrastructure and technology on 

5 buses, including barriers to restrict the un6 wanted entry of individuals and objects 

7 into bus operators’ workstations; 

8 ‘‘(iii) technologies to improve pas9 senger accessibility, including boarding, 

10 alighting, and securement consistent with 

11 the Americans with Disabilities Act of 

12 1990 (42 U.S.C. 12101 et seq.); 

13 ‘‘(iv) installation of seating and modi14 fication to design specifications of bus op15 erator workstations that reduce or prevent 

16 injuries from ergonomic risks; or 

17 ‘‘(v) other measures that align with 

18 the objectives under subparagraph (B). 

19 ‘‘(D) ELIGIBLE ENTITIES.—Entities eligi20 ble to receive funding under this paragraph 

21 shall include consortia consisting of, at a min22 imum: 

23 ‘‘(i) recipients of funds under this 

24 chapter that provide public transportation 

25 services; 


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1 ‘‘(ii) transit vehicle manufacturers; 

2 ‘‘(iii) representatives from organiza3 tions engaged in collective bargaining on 

4 behalf of transit workers in not fewer than 

5 three States; and 

6 ‘‘(iv) any nonprofit institution of high7 er education, as defined in section 101 of 

8 the Higher Education Act of 1965 (20 

9 U.S.C. 1001).’’. 

10 SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY 

11 COUNTS INITIATIVE. 

12 Section 5312 of title 49, United States Code, as 

13 amended by section 2503, is further amended by adding 

14 at the end the following: 

15 ‘‘(k) EVERY DAY COUNTS INITIATIVE.— 

16 ‘‘(1) IN GENERAL.—It is in the national inter17 est for the Department of Transportation and recipi18 ents of Federal public transportation funds— 

19 ‘‘(A) to identify, accelerate, and deploy in20 novation aimed at expediting project delivery, 

21 enhancing the safety of transit systems of the 

22 United States, and protecting the environment; 

23 ‘‘(B) to ensure that the planning, design, 

24 engineering, construction, and financing of 


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1 transportation projects is done in an efficient 

2 and effective manner; 

3 ‘‘(C) to promote the rapid deployment of 

4 proven solutions that provide greater account5 ability for public investments; and 

6 ‘‘(D) to create a culture of innovation 

7 within the transit community. 

8 ‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To 

9 advance the policies described in paragraph (1), the 

10 Administrator of the Federal Transit Administration 

11 shall adopt the Every Day Counts initiative to work 

12 with recipients to identify and deploy the proven in13 novation practices and products that— 

14 ‘‘(A) accelerate innovation deployment; 

15 ‘‘(B) expedite the project delivery process; 

16 ‘‘(C) improve environmental sustainability; 

17 ‘‘(D) enhance transit safety; 

18 ‘‘(E) expand mobility; and 

19 ‘‘(F) reduce greenhouse gas emissions. 

20 ‘‘(3) CONSIDERATION.—In accordance with the 

21 Every Day Counts goals described in paragraphs (1) 

22 and (2), the Administrator shall consider research 

23 conducted through the university transportation cen24 ters program in section 5505. 

25 ‘‘(4) INNOVATION DEPLOYMENT.— 


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1 ‘‘(A) IN GENERAL.—At least every 2 years, 

2 the Administrator shall work collaboratively 

3 with recipients to identify a new collection of in4 novations, best practices, and data to be de5 ployed to recipients through case studies, 

6 webinars, and demonstration projects. 

7 ‘‘(B) REQUIREMENTS.—In identifying a 

8 collection described in subparagraph (A), the 

9 Secretary shall take into account market readi10 ness, impacts, benefits, and ease of adoption of 

11 the innovation or practice. 

12 ‘‘(5) PUBLICATION.—Each collection identified 

13 under paragraph (4) shall be published by the Ad14 ministrator on a publicly available website. 

15 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

16 this subsection may be construed to allow the Sec17 retary to waive any requirement under any other 

18 provision of Federal law.’’. 

19 SEC. 2804. TECHNICAL CORRECTIONS. 

20 Section 5312 of title 49, United States Code, as 

21 amended in section 2503 and 2803, is further amended— 

22 (1) in subsection (e)— 

23 (A) in paragraph (3)(C) by striking ‘‘low 

24 or no emission vehicles, zero emission vehicles,’’ 

25 and inserting ‘‘zero emission vehicles’’; and 


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1 (B) by striking paragraph (6) and insert2 ing the following: 

3 ‘‘(6) ZERO EMISSION VEHICLE DEFINED.—In 

4 this subsection, the term ‘zero emission vehicle’ 

5 means a passenger vehicle used to provide public 

6 transportation that produces no carbon or particu7 late matter.’’; 

8 (2) by redesignating the first subsection (g) as 

9 subsection (f); and 

10 (3) in subsection (h)— 

11 (A) in the header by striking ‘‘LOW OR NO

12 EMISSION’’ and inserting ‘‘ZERO EMISSION’’; 

13 (B) in paragraph (1)— 

14 (i) by striking subparagraph (B) and 

15 inserting the following: 

16 ‘‘(B) the term ‘zero emission vehicle’ has 

17 the meaning given such term in subsection 

18 (e)(6);’’; and 

19 (ii) in subparagraph (D) by striking 

20 ‘‘low or no emission vehicle’’ and inserting 

21 ‘‘zero emission vehicle’’ each place such 

22 term appears; 

23 (C) in paragraph (2)— 


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1 (i) in the heading by striking ‘‘LOW

2 OR NO EMISSION’’ and inserting ‘‘ZERO

3 EMISSION’’; and 

4 (ii) by striking ‘‘low or no emission’’ 

5 and inserting ‘‘zero emission’’ each place 

6 such term appears; 

7 (D) in paragraph (3) by striking ‘‘low or 

8 no emission’’ and inserting ‘‘zero emission’’ 

9 each place such term appears (including in the 

10 heading); and 

11 (E) in paragraph (5)(A) by striking ‘‘low 

12 or no emission’’ and inserting ‘‘zero emission’’. 

13 SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT 

14 BUS DEVELOPMENT PROGRAM. 

15 (a) ESTABLISHMENT.—The Secretary of Transpor16 tation shall establish a national advanced technology tran17 sit bus development program to facilitate the development 

18 and testing of commercially viable advanced technology 

19 transit buses that do not exceed a Level 3 automated driv20 ing system and related infrastructure. 

21 (b) AUTHORIZATION.—There shall be available 

22 $20,000,000 for each of fiscal years 2022 through 2026. 

23 (c) GRANTS.—The Secretary may enter into grants, 

24 contracts, and cooperative agreements with no more than 

25 three geographically diverse nonprofit organizations and 


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1 recipients under chapter 53 of title 49, United States 

2 Code, to facilitate the development and testing of commer3 cially viable advance technology transit buses and related 

4 infrastructure. 

5 (d) CONSIDERATIONS.— 

6 (1) IN GENERAL.—The Secretary shall consider 

7 the applicant’s— 

8 (A) ability to contribute significantly to 

9 furthering advanced technologies as it relates to 

10 transit bus operations, including advanced driv11 er assistance systems, automatic emergency 

12 braking, accessibility, and energy efficiency; 

13 (B) financing plan and cost share poten14 tial; 

15 (C) technical experience developing or test16 ing advanced technologies in transit buses; 

17 (D) commitment to frontline worker in18 volvement; and 

19 (E) other criteria that the Secretary deter20 mines are necessary to carry out the program. 

21 (2) RULE OF CONSTRUCTION.—Nothing in this 

22 subsection may be construed to allow the Secretary 

23 to waive any requirement under any other provision 

24 of Federal law. 


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1 (e) COMPETITIVE GRANT SELECTION.—The Sec2 retary shall conduct a national solicitation for applications 

3 for grants under the program. Grant recipients shall be 

4 selected on a competitive basis. The Secretary shall give 

5 priority consideration to applicants that have successfully 

6 managed advanced transportation technology projects, in7 cluding projects related to public transportation oper8 ations for a period of not less than 5 years. 

9 (f) CONSORTIA.—As a condition of receiving an 

10 award in (c), the Secretary shall ensure— 

11 (1) that the selected non-profit recipients subse12 quently establish a consortia for each proposal sub13 mitted, including representatives from a labor union, 

14 transit agency, an FTA-designated university bus 

15 and component testing center, a Buy America com16 pliant transit bus manufacturer, and others as deter17 mined by the Secretary; 

18 (2) that no proposal selected would decrease 

19 workplace or passenger safety; and 

20 (3) that no proposal selected would undermine 

21 the creation of high-quality jobs or workforce sup22 port and development programs. 

23 (g) FEDERAL SHARE.—The Federal share of costs 

24 of the program shall be provided from funds made avail25 able to carry out this section. The Federal share of the 


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1 cost of a project carried out under the program shall not 

2 exceed 80 percent of such cost. 

3 SEC. 2806. PUBLIC TRANSPORTATION INNOVATION. 

4 Section 5312(h)(2) of title 49, United States Code, 

5 is amended by striking subparagraph (G). 

6 SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND 

7 REUSE. 

8 (a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of this Act, the Secretary of Transpor10 tation shall issue regulations that, notwithstanding any 

11 other provision of law, allow recipients of funds under 

12 chapter 53 of title 49, United States Code, at the option 

13 of the recipient, to repurpose, recycle, reuse, sell, or lease 

14 transit vehicle batteries that are beyond the useful service 

15 life of such batteries for the purpose of transit vehicle pro16 pulsion and component parts of such batteries. 

17 (b) CONSIDERATIONS.—In issuing regulations under 

18 subsection (a), the Secretary shall prioritize second life ap19 plications that— 

20 (1) maximize the full use of transit vehicle bat21 teries beyond the useful life of such batteries for 

22 transit vehicle propulsion and component parts of 

23 such batteries; 


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1 (2) enhance the reuse and recycling of transit 

2 vehicle batteries, components, and component critical 

3 minerals of such batteries; 

4 (3) reduce costs for recipients; 

5 (4) create new streams of revenue for recipi6 ents; 

7 (5) support the provision of zero emission pub8 lic transportation service, which may include the use 

9 of wayside charging; and 

10 (6) enhance the resilience of public transpor11 tation and the electric vehicle supply equipment net12 work, which may include the use of batteries for en13 ergy storage. 

14 (c) SECOND LIFE APPLICATIONS DEFINED.—In this 

15 section, the term ‘‘second life applications’’ means the 

16 repurposing, recycling, reuse, sale, or leasing of a transit 

17 vehicle battery that is beyond the useful service life for 

18 the purpose of transit vehicle propulsion and component 

19 parts of such battery, but that retains utility for other ap20 plications. 


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1 Subtitle I—Other Program 

2 Reauthorizations 

3 SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVEN4 TIVE MAINTENANCE PROJECTS FOR WASH5 INGTON METROPOLITAN AREA TRANSIT AU6 THORITY. 

7 Section 601 of the Passenger Rail Investment and 

8 Improvement Act of 2008 (Public Law 110–432) is 

9 amended— 

10 (1) in subsection (b) by striking ‘‘The Federal’’ 

11 and inserting ‘‘Except as provided in subsection 

12 (e)(2), the Federal’’; 

13 (2) by striking subsections (d) through (f) and 

14 inserting the following: 

15 ‘‘(d) REQUIRED BOARD APPROVAL.—No amounts 

16 may be provided to the Transit Authority under this sec17 tion until the Transit Authority certifies to the Secretary 

18 of Transportation that— 

19 ‘‘(1) a board resolution has passed on or before 

20 July 1, 2022, and is in effect for the period of July 

21 1, 2022 through June 30, 2031, that— 

22 ‘‘(A) establishes an independent budget au23 thority for the Office of Inspector General of 

24 the Transit Authority; 


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1 ‘‘(B) establishes an independent procure2 ment authority for the Office of Inspector Gen3 eral of the Transit Authority; 

4 ‘‘(C) establishes an independent hiring au5 thority for the Office of Inspector General of 

6 the Transit Authority; 

7 ‘‘(D) ensures the Inspector General of the 

8 Transit Authority can obtain legal advice from 

9 a counsel reporting directly to the Inspector 

10 General; 

11 ‘‘(E) requires the Inspector General of the 

12 Transit Authority to submit recommendations 

13 for corrective action to the General Manager 

14 and the Board of Directors of the Transit Au15 thority; 

16 ‘‘(F) requires the Inspector General of the 

17 Transit Authority to publish any recommenda18 tion described in subparagraph (E) on the 

19 website of the Office of Inspector General of the 

20 Transit Authority, except that the Inspector 

21 General may redact personally identifiable in22 formation and information that, in the deter23 mination of the Inspector General, would pose 

24 a security risk to the systems of the Transit 

25 Authority; 


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1 ‘‘(G) requires the Board of Directors of 

2 the Transit Authority to provide written notice 

3 to the Committee on Transportation and Infra4 structure of the House of Representatives and 

5 the Committee on Banking, Housing, and 

6 Urban Affairs of the Senate not less than 30 

7 days before the Board of Directors removes the 

8 Inspector General of the Transit Authority, 

9 which shall include the reasons for removal and 

10 supporting documentation; and 

11 ‘‘(H) prohibits the Board of Directors from 

12 removing the Inspector General of the Transit 

13 Authority unless the Board of Directors has 

14 provided a 30 day written notification as de15 scribed in subparagraph (G) that documents— 

16 ‘‘(i) a permanent incapacity; 

17 ‘‘(ii) a neglect of duty; 

18 ‘‘(iii) malfeasance; 

19 ‘‘(iv) a conviction of a felony or con20 duct involving moral turpitude; 

21 ‘‘(v) a knowing violation of a law or 

22 regulation; 

23 ‘‘(vi) gross mismanagement; 

24 ‘‘(vii) a gross waste of funds; 

25 ‘‘(viii) an abuse of authority; or 


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1 ‘‘(ix) inefficiency; and 

2 ‘‘(2) the Code of Ethics for Members of the 

3 WMATA Board of Directors passed on September 

4 26, 2019, remains in effect, or the Inspector General 

5 of the Transit Authority has consulted with any 

6 modifications to the Code of Ethics by the Board. 

7 ‘‘(e) AUTHORIZATIONS.— 

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

9 appropriated to the Secretary of Transportation for 

10 grants under this section— 

11 ‘‘(A) for fiscal year 2022, $150,000,000; 

12 ‘‘(B) for fiscal year 2023, $155,000,000; 

13 ‘‘(C) for fiscal year 2024, $160,000,000; 

14 ‘‘(D) for fiscal year 2025, $165,000,000; 

15 ‘‘(E) for fiscal year 2026, $170,000,000; 

16 ‘‘(F) for fiscal year 2027, $175,000,000; 

17 ‘‘(G) for fiscal year 2028, $180,000,000; 

18 ‘‘(H) for fiscal year 2029, $185,000,000; 

19 ‘‘(I) for fiscal year 2030, $190,000,000; 

20 and 

21 ‘‘(J) for fiscal year 2031, $200,000,000. 

22 ‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR

23 GENERAL OF TRANSIT AUTHORITY.—From the 

24 amounts in paragraph (1), the Transit Authority 

25 shall provide at least 7 percent for each fiscal year 


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1 to the Office of Inspector General of the Transit Au2 thority to carry out independent and objective au3 dits, investigations, and reviews of Transit Authority 

4 programs and operations to promote economy, effi5 ciency, and effectiveness, and to prevent and detect 

6 fraud, waste, and abuse in such programs and oper7 ations.’’; and 

8 (3) by redesignating subsection (g) as sub9 section (f). 

10 SEC. 2902. OTHER APPORTIONMENTS. 

11 Section 5336 of title 49, United States Code, is 

12 amended— 

13 (1) in subsection (h)— 

14 (A) in the matter preceding paragraph (1) 

15 by striking ‘‘section 5338(a)(2)(C)’’ and insert16 ing ‘‘section 5338(a)(2)(B)’’; 

17 (B) by amending paragraph (1) to read as 

18 follows: 

19 ‘‘(1) to carry out section 5307(h)— 

20 ‘‘(A) $60,906,000 shall be set aside in fis21 cal year 2023; 

22 ‘‘(B) $61,856,134 shall be set aside in fis23 cal year 2024; 

24 ‘‘(C) $62,845,832 shall be set aside in fis25 cal year 2025; and 


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1 ‘‘(D) $63,832,511 shall be set aside in fis2 cal year 2026;’’; 

3 (C) in paragraph (2) by striking ‘‘3.07 

4 percent’’ and inserting ‘‘6 percent’’; and 

5 (D) by amending paragraph (3) to read as 

6 follows: 

7 ‘‘(3) of amounts not apportioned under para8 graphs (1) and (2), 3 percent shall be apportioned 

9 to urbanized areas with populations of less than 

10 200,000 in accordance with subsection (i);’’; and 

11 (2) in subsection (i) by adding at the end the 

12 following: 

13 ‘‘(3) CENSUS PHASE-OUT.—Before apportioning 

14 funds under subsection (h)(3), for any urbanized 

15 area that is no longer an eligible area due to a 

16 change in population in the most recent decennial 

17 census, the Secretary shall apportion to such urban18 ized area, for 3 fiscal years, an amount equal to half 

19 of the funds apportioned to such urbanized area pur20 suant to this subsection for the previous fiscal 

21 year.’’. 


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1 Subtitle J—Streamlining 

2 SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT 

3 GRANTS. 

4 Section 5309 of title 49, United States Code, as 

5 amended by section 2703 of this Act, is further amend6 ed— 

7 (1) in subsection (a)— 

8 (A) in paragraph (7)— 

9 (i) in subparagraph (A) by striking 

10 ‘‘$100,000,000’’ and inserting 

11 ‘‘$320,000,000’’; and 

12 (ii) in subparagraph (B) by striking 

13 ‘‘$300,000,000’’ and inserting 

14 ‘‘$400,000,000’’; 

15 (B) by striking paragraph (6); and 

16 (C) by redesignating paragraph (7), as so 

17 amended, as paragraph (6); 

18 (2) in subsection (b)(2) by inserting ‘‘expanding 

19 station capacity,’’ after ‘‘construction of infill sta20 tions,’’; 

21 (3) in subsection (d)(1)— 

22 (A) in subparagraph (C)(i) by striking ‘‘2 

23 years’’ and inserting ‘‘3 years’’; and 

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


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1 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT

2 ACTIVITIES.—An applicant may perform cost 

3 and schedule risk assessments with technical 

4 assistance provided by the Secretary. 

5 ‘‘(E) STATUTORY CONSTRUCTION.—Noth6 ing in this section shall be construed as author7 izing the Secretary to require cost and schedule 

8 risk assessments in the project development 

9 phase.’’; 

10 (4) in subsection (e)(1)— 

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

12 years’’ and inserting ‘‘3 years’’; and 

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

14 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT

15 ACTIVITIES.—An applicant may perform cost 

16 and schedule risk assessments with technical 

17 assistance provided by the Secretary. 

18 ‘‘(E) STATUTORY CONSTRUCTION.—Noth19 ing in this section shall be construed as author20 izing the Secretary to require cost and schedule 

21 risk assessments in the project development 

22 phase.’’; 

23 (5) in subsection (e)(2)(A)(iii)(II) by striking 

24 ‘‘5 years’’ and inserting ‘‘10 years’’; 

25 (6) in subsection (f)— 


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1 (A) in paragraph (1) by striking ‘‘sub2 section (d)(2)(A)(v)’’ and inserting ‘‘subsection 

3 (d)(2)(A)(iv)’’; 

4 (B) in paragraph (2)— 

5 (i) by striking ‘‘subsection 

6 (d)(2)(A)(v)’’ and inserting ‘‘subsection 

7 (d)(2)(A)(iv)’’; 

8 (ii) in subparagraph (D) by adding 

9 ‘‘and’’ at the end; 

10 (iii) by striking subparagraph (E); 

11 and 

12 (iv) by redesignating subparagraph 

13 (F) as subparagraph (E); and 

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

15 ‘‘(4) COST-SHARE INCENTIVES.—For a project 

16 for which a lower CIG cost share is elected by the 

17 applicant under subsection (l)(1)(C), the Secretary 

18 shall apply the following requirements and consider19 ations in lieu of paragraphs (1) and (2): 

20 ‘‘(A) REQUIREMENTS.—In determining 

21 whether a project is supported by local financial 

22 commitment and shows evidence of stable and 

23 dependable financing sources for purposes of 

24 subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the 

25 Secretary shall require that— 


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1 ‘‘(i) the proposed project plan pro2 vides for the availability of contingency 

3 amounts that the applicant determines to 

4 be reasonable to cover unanticipated cost 

5 increases or funding shortfalls; 

6 ‘‘(ii) each proposed local source of 

7 capital and operating financing is stable, 

8 reliable, and available within the proposed 

9 project timetable; and 

10 ‘‘(iii) an applicant certifies that local 

11 resources are available to recapitalize, 

12 maintain, and operate the overall existing 

13 and proposed public transportation system, 

14 including essential feeder bus and other 

15 services necessary to achieve the projected 

16 ridership levels without requiring a reduc17 tion in existing public transportation serv18 ices or level of service to operate the 

19 project, or that the annual operating cost 

20 of the proposed project does not exceed 5 

21 percent of the annual cost to operate and 

22 maintain the overall public transportation 

23 system of the applicant. 

24 ‘‘(B) CONSIDERATIONS.—In assessing the 

25 stability, reliability, and availability of proposed 


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1 sources of local financing for purposes of sub2 section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec3 retary shall consider— 

4 ‘‘(i) the reliability of the forecasting 

5 methods used to estimate costs and reve6 nues made by the recipient and the con7 tractors to the recipient; 

8 ‘‘(ii) existing grant commitments; 

9 ‘‘(iii) any debt obligation that exists, 

10 or is proposed by the recipient, for the pro11 posed project or other public transpor12 tation purpose; and 

13 ‘‘(iv) private contributions to the 

14 project, including cost-effective project de15 livery, management or transfer of project 

16 risks, expedited project schedule, financial 

17 partnering, and other public-private part18 nership strategies.’’. 

19 (7) in subsection (g)— 

20 (A) in paragraph (2)(A) by striking ‘‘de21 gree of local financial commitment’’ and insert22 ing ‘‘criteria in subsection (f)’’ each place it ap23 pears; 

24 (B) in paragraph (3) by striking ‘‘The Sec25 retary shall,’’ and all that follows through ‘‘to 


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1 carry out this subsection.’’ and inserting the 

2 following: ‘‘The Secretary shall— 

3 ‘‘(A) to the maximum extent practicable, 

4 develop and use special warrants for making a 

5 project justification determination under sub6 section (d)(2) or (e)(2), as applicable, for a 

7 project proposed to be funded using a grant 

8 under this section if— 

9 ‘‘(i) the share of the cost of the 

10 project to be provided under this section— 

11 ‘‘(I) does not exceed 

12 $500,000,000 and the total project 

13 cost does not exceed $1,000,000,000; 

14 or 

15 ‘‘(II) complies with subsection 

16 (l)(1)(C); 

17 ‘‘(ii) the applicant requests the use of 

18 the warrants; 

19 ‘‘(iii) the applicant certifies that its 

20 existing public transportation system is in 

21 a state of good repair; and 

22 ‘‘(iv) the applicant meets any other 

23 requirements that the Secretary considers 

24 appropriate to carry out this subsection; 

25 and’’; 


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1 (C) by striking paragraph (5) and insert2 ing the following: 

3 ‘‘(5) POLICY GUIDANCE.—The Secretary shall 

4 issue policy guidance on the review and evaluation 

5 process and criteria not later than 180 days after 

6 the date of enactment of the INVEST in America 

7 Act.’’; 

8 (D) by striking paragraph (6) and insert9 ing the following: 

10 ‘‘(6) TRANSPARENCY.—Not later than 30 days 

11 after the Secretary receives a written request from 

12 an applicant for all remaining information necessary 

13 to obtain 1 or more of the following, the Secretary 

14 shall provide such information to the applicant: 

15 ‘‘(A) Project advancement. 

16 ‘‘(B) Medium or higher rating. 

17 ‘‘(C) Warrant. 

18 ‘‘(D) Letter of intent. 

19 ‘‘(E) Early systems work agreement.’’; and 

20 (E) in paragraph (7) by striking ‘‘the Fed21 eral Public Transportation Act of 2012’’ and 

22 inserting ‘‘the INVEST in America Act’’; 

23 (8) in subsection (h)— 

24 (A) in paragraph (5) by inserting ‘‘, except 

25 that for a project for which a lower local cost 


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1 share is elected under subsection (l)(1)(C), the 

2 Secretary shall enter into a grant agreement 

3 under this subsection for any such project that 

4 establishes contingency amounts that the appli5 cant determines to be reasonable to cover unan6 ticipated cost increases or funding shortfalls’’ 

7 before the period at the end; and 

8 (B) in paragraph (7)(C) by striking ‘‘10 

9 days’’ and inserting ‘‘3 days’’; 

10 (9) by striking subsection (i) and inserting the 

11 following: 

12 ‘‘(i) INTERRELATED PROJECTS.— 

13 ‘‘(1) RATINGS IMPROVEMENT.—The Secretary 

14 shall grant a rating increase of 1 level in mobility 

15 improvements to any project being rated under sub16 section (d), (e), or (h), if the Secretary certifies that 

17 the project has a qualifying interrelated project that 

18 meets the requirements of paragraph (2). 

19 ‘‘(2) INTERRELATED PROJECT.—A qualifying 

20 interrelated project is a transit project that— 

21 ‘‘(A) is adopted into the metropolitan 

22 transportation plan required under section 

23 5303; 


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1 ‘‘(B) has received a class of action designa2 tion under the National Environmental Policy 

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

4 ‘‘(C) will likely increase ridership on the 

5 project being rated in subsection (d), (e), or 

6 (h), respectively, as determined by the Sec7 retary; and 

8 ‘‘(D) meets one of the following criteria: 

9 ‘‘(i) Extends the corridor of the 

10 project being rated in subsection (d), (e), 

11 or (h), respectively. 

12 ‘‘(ii) Provides a direct passenger 

13 transfer to the project being rated in sub14 section (d), (e), or (h), respectively. 

15 ‘‘(3) LOCAL MATCH CREDIT.—For any project 

16 that qualifies as an interrelated project under para17 graph (2) after the date of enactment of this sub18 section, the Secretary shall allow any non-Federal fi19 nancial commitment in excess of 20 percent to count 

20 towards the non-Federal financial commitment for 

21 any other qualifying interrelated project under this 

22 subsection.’’; 

23 (10) in subsection (k)— 

24 (A) in paragraph (2)(D) by adding at the 

25 end the following: 


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1 ‘‘(v) LOCAL FUNDING COMMIT2 MENT.— For a project for which a lower 

3 CIG cost share is elected by the applicant 

4 under subsection (l)(1)(C), the Secretary 

5 shall enter into a full funding grant agree6 ment that has at least 75 percent of local 

7 financial commitment committed and the 

8 remaining percentage budgeted for the pro9 posed purposes.’’; and 

10 (B) in paragraph (5) by striking ‘‘30 

11 days’’ and inserting ‘‘3 days’’; 

12 (11) in subsection (l)— 

13 (A) in paragraph (1) by striking subpara14 graph (B) and inserting the following: 

15 ‘‘(B) CAP.—Except as provided in sub16 paragraph (C), a grant for a project under this 

17 section shall not exceed 80 percent of the net 

18 capital project cost, except that a grant for a 

19 core capacity improvement project shall not ex20 ceed 80 percent of the net capital project cost 

21 of the incremental cost to increase the capacity 

22 in the corridor. 

23 ‘‘(C) APPLICANT ELECTION OF LOWER

24 LOCAL CIG COST SHARE.—An applicant may 

25 elect a lower local CIG cost share for a project 


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1 under this section for purposes of application of 

2 the cost-share incentives under subsection 

3 (f)(3). Such cost share shall not exceed 60 per4 cent of the net capital project cost, except that 

5 for a grant for a core capacity improvement 

6 project such cost share shall not exceed 60 per7 cent of the net capital project cost of the incre8 mental cost to increase the capacity in the cor9 ridor.’’; 

10 (B) by striking paragraph (5) and insert11 ing the following: 

12 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC13 TION.—Nothing in this section shall be construed as 

14 authorizing the Secretary to require, incentivize (in 

15 any manner not specified in this section), or place 

16 additional conditions upon a non-Federal financial 

17 commitment for a project that is more than 20 per18 cent of the net capital project cost or, for a core ca19 pacity improvement project, 20 percent of the net 

20 capital project cost of the incremental cost to in21 crease the capacity in the corridor.’’; and 

22 (C) by striking paragraph (8) and insert23 ing the following: 

24 ‘‘(8) CONTINGENCY SHARE.—The Secretary 

25 shall provide funding for the contingency amount 


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1 equal to the proportion of the CIG cost share. If the 

2 Secretary increases the contingency amount after a 

3 project has received a letter of no prejudice or been 

4 allocated appropriated funds, the federal share of 

5 the additional contingency amount shall be 25 per6 cent higher than the original proportion the CIG 

7 cost share and in addition to the grant amount set 

8 in subsection (k)(2)(C)(ii).’’; 

9 (12) in subsection (o) by adding at the end the 

10 following: 

11 ‘‘(4) CIG PROGRAM DASHBOARD.—Not later 

12 than the fifth day of each month, the Secretary shall 

13 make publicly available on a website data on, includ14 ing the status of, each project under this section 

15 that is in the project development phase, in the engi16 neering phase, or has received a grant agreement 

17 and remains under construction. Such data shall in18 clude, for each project— 

19 ‘‘(A) the amount and fiscal year of any 

20 funding appropriated, allocated, or obligated for 

21 the project; 

22 ‘‘(B) the date on which the project— 

23 ‘‘(i) entered the project development 

24 phase; 


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1 ‘‘(ii) entered the engineering phase, if 

2 applicable; and 

3 ‘‘(iii) received a grant agreement, if 

4 applicable; and 

5 ‘‘(C) the status of review by the Federal 

6 Transit Administration and the Secretary, in7 cluding dates of request, dates of acceptance of 

8 request, and dates of a decision for each of the 

9 following, if applicable: 

10 ‘‘(i) A letter of no prejudice. 

11 ‘‘(ii) An environmental impact state12 ment notice of intent. 

13 ‘‘(iii) A finding of no significant envi14 ronmental impact. 

15 ‘‘(iv) A draft environmental impact 

16 statement. 

17 ‘‘(v) A final environmental impact 

18 statement. 

19 ‘‘(vi) A record of decision on the final 

20 environmental impact statement. 

21 ‘‘(vii) The status of the applicant in 

22 securing the non-Federal match, based on 

23 information provided by the applicant, in24 cluding the amount committed, budgeted, 

25 planned, and undetermined.’’; and 


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1 (13) by striking ‘‘an acceptable degree of’’ and 

2 inserting ‘‘a’’ each place it appears. 

3 SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT 

4 DEADLINE. 

5 Section 5336(d) of title 49, United States Code, is 

6 amended— 

7 (1) by redesignating paragraph (2) as para8 graph (3); 

9 (2) in paragraph (1) by striking ‘‘and’’ at the 

10 end; and 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) notwithstanding paragraph (1), apportion 

14 amounts to the States appropriated under section 

15 5338(a)(2) to carry out sections 5307, 5310, and 

16 5311 not later than December 15 for which any 

17 amounts are appropriated; and’’. 

18 SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE. 

19 Section 5334 of title 49, United States Code, is fur20 ther amended by adding at the end the following: 

21 ‘‘(l) DISPOSITION OF ASSETS BEYOND USEFUL

22 LIFE.— 

23 ‘‘(1) IN GENERAL.—If a recipient, or sub24 recipient, for assistance under this chapter disposes 

25 of an asset with a current market value, or proceed 


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1 from the sale of such asset, acquired under this 

2 chapter at least in part with such assistance, after 

3 such asset has reached the useful life of such asset, 

4 the Secretary shall allow the recipient, or sub5 recipient, to use the proceeds attributable to the 

6 Federal share of such asset calculated under para7 graph (3) for capital projects under section 5307, 

8 5310, or 5311. 

9 ‘‘(2) MINIMUM VALUE.—This subsection shall 

10 only apply to assets with a current market value, or 

11 proceeds from sale, of at least $5,000. 

12 ‘‘(3) CALCULATION OF FEDERAL SHARE AT13 TRIBUTABLE.—The proceeds attributable to the 

14 Federal share of an asset described in paragraph (1) 

15 shall be calculated by multiplying— 

16 ‘‘(A) the current market value of, or the 

17 proceeds from the disposition of, such asset; by 

18 ‘‘(B) the Federal share percentage for the 

19 acquisition of such asset at the time of acquisi20 tion of such asset.’’. 

21 SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBIL22 ITY. 

23 (a) IN GENERAL.—Section 5310 of title 49, United 

24 States Code, as amended by section 2205, is further 

25 amended by adding at the end the following: 


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1 ‘‘(k) INNOVATIVE COORDINATED ACCESS AND MO2 BILITY.— 

3 ‘‘(1) START UP GRANTS.— 

4 ‘‘(A) IN GENERAL.—The Secretary may 

5 make grants under this paragraph to eligible 

6 recipients to assist in financing innovative 

7 projects for the transportation disadvantaged 

8 that improve the coordination of transportation 

9 services and non-emergency medical transpor10 tation services. 

11 ‘‘(B) APPLICATION.—An eligible recipient 

12 shall submit to the Secretary an application 

13 that, at a minimum, contains— 

14 ‘‘(i) a detailed description of the eligi15 ble project; 

16 ‘‘(ii) an identification of all eligible 

17 project partners and the specific role of 

18 each eligible project partner in the eligible 

19 project, including— 

20 ‘‘(I) private entities engaged in 

21 the coordination of nonemergency 

22 medical transportation services for the 

23 transportation disadvantaged; 

24 ‘‘(II) nonprofit entities engaged 

25 in the coordination of nonemergency 


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1 medical transportation services for the 

2 transportation disadvantaged; or 

3 ‘‘(III) Federal and State entities 

4 engaged in the coordination of non5 emergency medical transportation 

6 services for the transportation dis7 advantaged; and 

8 ‘‘(iii) a description of how the eligible 

9 project shall— 

10 ‘‘(I) improve local coordination or 

11 access to coordinated transportation 

12 services; 

13 ‘‘(II) reduce duplication of serv14 ice, if applicable; and 

15 ‘‘(III) provide innovative solu16 tions in the State or community. 

17 ‘‘(C) PERFORMANCE MEASURES.—An eligi18 ble recipient shall specify, in an application for 

19 a grant under this paragraph, the performance 

20 measures the eligible project, in coordination 

21 with project partners, will use to quantify ac22 tual outcomes against expected outcomes, in23 cluding— 

24 ‘‘(i) changes to transportation expend25 itures as a result of improved coordination; 


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1 ‘‘(ii) changes to healthcare expendi2 tures provided by projects partners as a re3 sult of improved coordination; and 

4 ‘‘(iii) changes to health care metrics, 

5 including aggregate health outcomes pro6 vided by projects partners. 

7 ‘‘(D) ELIGIBLE USES.—Eligible recipients 

8 receiving a grant under this section may use 

9 such funds for— 

10 ‘‘(i) the deployment of coordination 

11 technology; 

12 ‘‘(ii) projects that create or increase 

13 access to community One-Call/One-Click 

14 Centers; 

15 ‘‘(iii) projects that coordinate trans16 portation for 3 or more of— 

17 ‘‘(I) public transportation pro18 vided under this section; 

19 ‘‘(II) a State plan approved 

20 under title XIX of the Social Security 

21 Act (42 U.S.C. 1396 et seq.); 

22 ‘‘(III) title XVIII of the Social 

23 Security Act (42 U.S.C. 1395 et seq.); 

24 ‘‘(IV) Veterans Health Adminis25 tration; or 


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1 ‘‘(V) private health care facilities; 

2 and 

3 ‘‘(iv) such other projects as deter4 mined appropriate by the Secretary. 

5 ‘‘(E) CONSULTATION.—In evaluating the 

6 performance metrics described in subparagraph 

7 (C), the Secretary shall consult with the Sec8 retary of Health and Human Services. 

9 ‘‘(2) INCENTIVE GRANTS.— 

10 ‘‘(A) IN GENERAL.—The Secretary may 

11 make grants under this paragraph to eligible 

12 recipients to incentivize innovative projects for 

13 the transportation disadvantaged that improve 

14 the coordination of transportation services and 

15 non-emergency medical transportation services. 

16 ‘‘(B) SELECTION OF GRANT RECIPI17 ENTS.—The Secretary shall distribute grant 

18 funds made available to carry out this para19 graph as described in subparagraph (E) to eli20 gible recipients that apply and propose to dem21 onstrate improvement in the metrics described 

22 in subparagraph (F). 

23 ‘‘(C) ELIGIBILITY.—An eligible recipient 

24 shall not be required to have received a grant 


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1 under paragraph (1) to be eligible to receive a 

2 grant under this paragraph. 

3 ‘‘(D) APPLICATIONS.—Eligible recipients 

4 shall submit to the Secretary an application 

5 that includes— 

6 ‘‘(i) which metrics under subpara7 graph (F) the eligible recipient intends to 

8 improve; 

9 ‘‘(ii) the performance data eligible re10 cipients and the Federal, State, nonprofit, 

11 and private partners, as described in para12 graph (1)(B)(ii), of the eligible recipient 

13 will make available; and 

14 ‘‘(iii) a proposed incentive formula 

15 that makes payments to the eligible recipi16 ent based on the proposed data and 

17 metrics. 

18 ‘‘(E) DISTRIBUTION.—The Secretary shall 

19 distribute funds made available to carry out 

20 this paragraph based upon the number of grant 

21 applications approved by the Secretary, number 

22 of individuals served by each grant, and the in23 centive formulas approved by the Secretary 

24 using the following metrics: 


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1 ‘‘(i) The reduced transportation ex2 penditures as a result of improved coordi3 nation. 

4 ‘‘(ii) The reduced Federal and State 

5 healthcare expenditures using the metrics 

6 described in subparagraph (F). 

7 ‘‘(iii) The reduced private healthcare 

8 expenditures using the metrics described in 

9 subparagraph (F). 

10 ‘‘(F) HEALTHCARE METRICS.—Healthcare 

11 metrics described in this subparagraph shall 

12 be— 

13 ‘‘(i) reducing missed medical appoint14 ments; 

15 ‘‘(ii) the timely discharge of patients 

16 from hospitals; 

17 ‘‘(iii) preventing hospital admissions 

18 and reducing readmissions of patients into 

19 hospitals; and 

20 ‘‘(iv) other measureable healthcare 

21 metrics, as determined appropriate by the 

22 Secretary, in consultation with the Sec23 retary of Health and Human Services. 

24 ‘‘(G) ELIGIBLE EXPENDITURES.—The Sec25 retary shall allow the funds distributed by this 


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1 grant program to be expended on eligible activi2 ties described in paragraph (1)(D) and any eli3 gible activity under this section that is likely to 

4 improve the metrics described in subparagraph 

5 (F). 

6 ‘‘(H) RECIPIENT CAP.—The Secretary— 

7 ‘‘(i) may not provide more than 20 

8 grants under this paragraph; and 

9 ‘‘(ii) shall reduce the maximum num10 ber of grants under this paragraph to en11 sure projects are fully funded, if necessary. 

12 ‘‘(I) CONSULTATION.—In evaluating the 

13 health care metrics described in subparagraph 

14 (F), the Secretary shall consult with the Sec15 retary of Health and Human Services. 

16 ‘‘(J) ANNUAL GRANTEE REPORT.—Each 

17 grantee shall submit a report, in coordination 

18 with the project partners of such grantee, that 

19 includes an evaluation of the outcomes of the 

20 grant awarded to such grantee, including the 

21 performance measures. 

22 ‘‘(3) REPORT.—The Secretary shall make pub23 licly available an annual report on the program car24 ried out under this subsection for each fiscal year, 

25 not later than December 31 of the calendar year in 


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1 which that fiscal year ends. The report shall include 

2 a detailed description of the activities carried out 

3 under the program, and an evaluation of the pro4 gram, including an evaluation of the performance 

5 measures used by eligible recipients in consultation 

6 with the Secretary of Health and Human Services. 

7 ‘‘(4) FEDERAL SHARE.— 

8 ‘‘(A) IN GENERAL.—The Federal share of 

9 the costs of a project carried out under this 

10 subsection shall not exceed 80 percent. 

11 ‘‘(B) NON-FEDERAL SHARE.—The non12 Federal share of the costs of a project carried 

13 out under this subsection may be derived from 

14 in-kind contributions. 

15 ‘‘(5) RULE OF CONSTRUCTION.—For purposes 

16 of this subsection, nonemergency medical transpor17 tation services shall be limited to services eligible 

18 under Federal programs other than programs au19 thorized under this chapter.’’. 

20 (b) STUDY.—Not later than 1 year after the date of 

21 enactment of this Act, the Comptroller General of the 

22 United States shall conduct a study, and submit a report 

23 on such study to Congress, on access to non-emergency 

24 medical transportation services for individuals in dis25 advantaged populations, including— 


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1 (1) how to make it easier for such individuals 

2 to use non-emergency medical transportation serv3 ices; and 

4 (2) how to make it easier for recipients of 

5 grants under section 5310(k) of title 49, United 

6 States Code, as added by this section, to coordinate 

7 non-emergency medical transportation services for 

8 such individuals. 

9 SEC. 2915. PASSENGER FERRY GRANTS. 

10 Section 5307(h) of title 49, United States Code, is 

11 amended by adding at the end the following paragraph: 

12 ‘‘(4) ZERO-EMISSION OR REDUCED-EMISSION

13 GRANTS.— 

14 ‘‘(A) DEFINITIONS.—In this paragraph— 

15 ‘‘(i) the term ‘eligible project’ means a 

16 project or program of projects in an area 

17 eligible for a grant under subsection (a) 

18 for— 

19 ‘‘(I) acquiring zero- or reduced20 emission passenger ferries; 

21 ‘‘(II) leasing zero- or reduced22 emission passenger ferries; 

23 ‘‘(III) constructing facilities and 

24 related equipment for zero- or re25 duced-emission passenger ferries; 


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1 ‘‘(IV) leasing facilities and re2 lated equipment for zero- or reduced3 emission passenger ferries; 

4 ‘‘(V) constructing new public 

5 transportation facilities to accommo6 date zero- or reduced-emission pas7 senger ferries; 

8 ‘‘(VI) constructing shoreside 

9 ferry charging infrastructure for zero10 or reduced-emission passenger ferries; 

11 or 

12 ‘‘(VII) rehabilitating or improv13 ing existing public transportation fa14 cilities to accommodate zero- or re15 duced-emission passenger ferries; 

16 ‘‘(ii) the term ‘zero- or reduced-emis17 sion passenger ferry’ means a passenger 

18 ferry used to provide public transportation 

19 that reduces emissions by utilizing onboard 

20 energy storage systems for hybrid-electric 

21 or 100 percent electric propulsion, related 

22 charging infrastructure, and other tech23 nologies deployed to reduce emissions or 

24 produce zero onboard emissions under nor25 mal operation; and 


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1 ‘‘(iii) the term ‘recipient’ means a des2 ignated recipient, a local government au3 thority, or a State that receives a grant 

4 under subsection (a). 

5 ‘‘(B) GENERAL AUTHORITY.—The Sec6 retary may make grants to recipients to finance 

7 eligible projects under this paragraph. 

8 ‘‘(C) GRANT REQUIREMENTS.—A grant 

9 under this paragraph shall be subject to the 

10 same terms and conditions as a grant under 

11 subsection (a). 

12 ‘‘(D) COMPETITIVE PROCESS.—The Sec13 retary shall solicit grant applications and make 

14 grants for eligible projects under this paragraph 

15 on a competitive basis. 

16 ‘‘(E) GOVERNMENT SHARE OF COSTS.— 

17 ‘‘(i) IN GENERAL.—The Federal share 

18 of the cost of an eligible project carried out 

19 under this paragraph shall not exceed 80 

20 percent. 

21 ‘‘(ii) NON-FEDERAL SHARE.—The 

22 non-Federal share of the cost of an eligible 

23 project carried out under this subsection 

24 may be derived from in-kind contribu25 tions.’’. 


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1 SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL IN2 VESTMENT. 

3 Section 5309(h)(4) of title 49, United States Code, 

4 is amended by inserting ‘‘, the extent to which the project 

5 improves transportation options to economically distressed 

6 areas,’’ after ‘‘public transportation’’. 

7 SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NA8 TIONAL ENVIRONMENTAL POLICY ACT OF 

9 1969 TO FEDERALLY FUNDED BUS SHELTERS. 

10 Not later than 1 year after the date of enactment 

11 of this Act, the Secretary of Transportation shall issue 

12 best practices on the application of the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 

14 federally funded bus shelters to assist recipients of Fed15 eral funds in receiving exclusions permitted by law. 

16 SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING. 

17 (a) IN GENERAL.—Section 3005(b) of the FAST Act 

18 (Public Law 116–94) is repealed. 

19 (b) GRANDFATHER CLAUSES.—For any projects that 

20 have submitted an application or are being evaluated 

21 under the program described in section 3005(b) of such 

22 Act prior to the date of enactment of this Act, the Sec23 retary shall— 

24 (1) continue to administer the project under the 

25 terms of such section as it existed on the day prior 

26 to the date of enactment of this Act; and 


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1 (2) for purposes of providing Federal assistance 

2 to such project (and notwithstanding any other pro3 vision of law), provide such funds as may be nec4 essary from the amounts provided in section 5338(b) 

5 of title 49, United States Code, and division A of 

6 this Act. 

7 SEC. 2919. DISPOSITION OF ROLLING STOCK TO IMPROVE 

8 AIR QUALITY GOALS. 

9 Section 5334 of title 49, United States Code, is fur10 ther amended by adding at the end the following: 

11 ‘‘(m) DISPOSITION OF ROLLING STOCK TO MEET AIR

12 QUALITY GOALS.— 

13 ‘‘(1) IN GENERAL.—If a recipient, or sub14 recipient, for assistance under this chapter disposes 

15 of rolling stock with a current market value, or pro16 ceeds from the disposition of such rolling stock, ac17 quired under this chapter at least in part with such 

18 assistance, before such rolling stock has reached its 

19 useful life, the Secretary may allow the recipient, or 

20 subrecipient, to use the proceeds attributable to the 

21 Federal share of such rolling stock calculated under 

22 paragraph (3) for capital projects under section 

23 5307, 5310, or 5311 without need for repayment of 

24 the Federal financial interest. 


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1 ‘‘(2) COVERED ROLLING STOCK.—This sub2 section shall only apply to rolling stock disposed 

3 of— 

4 ‘‘(A) which are replaced by rolling stock 

5 that will help improve attainment of air quality 

6 goals compared to the rolling stock being re7 placed; and 

8 ‘‘(B) for which the recipient is located in 

9 an area that is designated as a nonattainment 

10 area for particulate matter under section 

11 107(d) of the Clean Air Act (42 U.S.C. 

12 7407(d)). 

13 ‘‘(3) CALCULATION OF FEDERAL SHARE AT14 TRIBUTABLE.—The proceeds attributable to the 

15 Federal share of rolling stock described in para16 graph (1) shall be calculated by multiplying— 

17 ‘‘(A) the current market value of, or the 

18 proceeds from the disposition of, such asset; 

19 and 

20 ‘‘(B) the Federal share percentage for the 

21 acquisition of such asset at the time of acquisi22 tion of such asset.’’. 


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1 TITLE III—HIGHWAY TRAFFIC 

2 SAFETY 

3 SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—The following sums are author5 ized to be appropriated out of the Highway Trust Fund 

6 (other than the Mass Transit Account): 

7 (1) HIGHWAY SAFETY PROGRAMS.—For car8 rying out section 402 of title 23, United States 

9 Code— 

10 (A) $378,400,000 for fiscal year 2023; 

11 (B) $382,400,000 for fiscal year 2024; 

12 (C) $386,500,000 for fiscal year 2025; and 

13 (D) $390,400,000 for fiscal year 2026. 

14 (2) HIGHWAY SAFETY RESEARCH AND DEVEL15 OPMENT.—For carrying out section 403 of title 23, 

16 United States Code— 

17 (A) $182,495,000 for fiscal year 2023; 

18 (B) $184,795,000 for fiscal year 2024; 

19 (C) $187,795,000 for fiscal year 2025; and 

20 (D) $190,695,000 for fiscal year 2026. 

21 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

22 For carrying out section 405 of title 23, United 

23 States Code— 

24 (A) $384,119,000 for fiscal year 2023; 

25 (B) $393,205,000 for fiscal year 2024; 


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1 (C) $402,205,000 for fiscal year 2025; and 

2 (D) $411,388,000 for fiscal year 2026. 

3 (4) NATIONAL DRIVER REGISTER.—For the Na4 tional Highway Traffic Safety Administration to 

5 carry out chapter 303 of title 49, United States 

6 Code— 

7 (A) $5,700,000 for fiscal year 2023; 

8 (B) $5,800,000 for fiscal year 2024; 

9 (C) $5,900,000 for fiscal year 2025; and 

10 (D) $6,000,000 for fiscal year 2026. 

11 (5) HIGH-VISIBILITY ENFORCEMENT PRO12 GRAM.—For carrying out section 404 of title 23, 

13 United States Code— 

14 (A) $60,200,000 for fiscal year 2023; 

15 (B) $60,600,000 for fiscal year 2024; 

16 (C) $60,800,000 for fiscal year 2025; and 

17 (D) $61,200,000 for fiscal year 2026. 

18 (6) ADMINISTRATIVE EXPENSES.—For adminis19 trative and related operating expenses of the Na20 tional Highway Traffic Safety Administration in car21 rying out chapter 4 of title 23, United States 

22 Code— 

23 (A) $30,586,000 for fiscal year 2023; 

24 (B) $31,000,000 for fiscal year 2024; 

25 (C) $31,500,000 for fiscal year 2025; and 


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1 (D) $31,917,000 for fiscal year 2026. 

2 (7) CENTER FOR FAIR AND EQUITABLE TRAF3 FIC SAFETY ENFORCEMENT.—For carrying out sec4 tion 3003 of this title, $35,000,000 for each of fiscal 

5 years 2023 through 2026. 

6 (b) PROHIBITION ON OTHER USES.—Except as oth7 erwise provided in chapter 4 of title 23, United States 

8 Code, and chapter 303 of title 49, United States Code, 

9 the amounts made available from the Highway Trust 

10 Fund (other than the Mass Transit Account) for a pro11 gram under such chapters— 

12 (1) shall only be used to carry out such pro13 gram; and 

14 (2) may not be used by States or local govern15 ments for construction purposes. 

16 (c) APPLICABILITY OF TITLE 23.—Except as other17 wise provided in chapter 4 of title 23, United States Code, 

18 and chapter 303 of title 49, United States Code, amounts 

19 made available under subsection (a) for fiscal years 2023 

20 through 2026 shall be available for obligation in the same 

21 manner as if such funds were apportioned under chapter 

22 1 of title 23, United States Code. 

23 (d) REGULATORY AUTHORITY.—Grants awarded 

24 under chapter 4 of title 23, United States Code, including 

25 any amendments made by this title, shall be carried out 


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1 in accordance with regulations issued by the Secretary of 

2 Transportation. 

3 (e) STATE MATCHING REQUIREMENTS.—If a grant 

4 awarded under chapter 4 of title 23, United States Code, 

5 requires a State to share in the cost, the aggregate of all 

6 expenditures for highway safety activities made during a 

7 fiscal year by the State and its political subdivisions (ex8 clusive of Federal funds) for carrying out the grant (other 

9 than planning and administration) shall be available for 

10 the purpose of crediting the State during such fiscal year 

11 for the non-Federal share of the cost of any other project 

12 carried out under chapter 4 of title 23, United States Code 

13 (other than planning or administration), without regard 

14 to whether such expenditures were made in connection 

15 with such project. 

16 (f) GRANT APPLICATION AND DEADLINE.—To re17 ceive a grant under chapter 4 of title 23, United States 

18 Code, a State shall submit an application, and the Sec19 retary of Transportation shall establish a single deadline 

20 for such applications to enable the award of grants early 

21 in the next fiscal year. 

22 SEC. 3002. HIGHWAY SAFETY PROGRAMS. 

23 Section 402 of title 23, United States Code, is 

24 amended— 


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1 (1) in subsection (a) by adding at the end the 

2 following: 

3 ‘‘(3) ADDITIONAL CONSIDERATIONS.—States 

4 which have legalized medicinal or recreational mari5 juana shall consider programs in addition to the pro6 grams described in paragraph (2)(A) to educate 

7 drivers on the risks associated with marijuana-im8 paired driving and to reduce injuries and deaths re9 sulting from individuals driving motor vehicles while 

10 impaired by marijuana.’’; 

11 (2) in subsection (c)— 

12 (A) by redesignating paragraphs (2), (3), 

13 and (4) as paragraphs (3), (4), and (5), respec14 tively; 

15 (B) by inserting after paragraph (1) the 

16 following: 

17 ‘‘(2) ADDITIONAL USES.—In addition to uses 

18 authorized under paragraph (1) and as approved by 

19 the Secretary, States may use funds under this sec20 tion to— 

21 ‘‘(A) educate the public on the dangers of 

22 pediatric vehicular hyperthermia; 

23 ‘‘(B) educate the public about proper and 

24 safe usage of light- and medium-duty trailers, 


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1 including required safety equipment and pre2 ventive maintenance for safety; 

3 ‘‘(C) purchase and distribute child re4 straints to low-income families; and 

5 ‘‘(D) reduce injuries and deaths resulting 

6 from drivers of motor vehicles not moving to 

7 another traffic lane or reducing the speed of 

8 such driver’s vehicle when passing an emer9 gency, law enforcement, or other vehicle 

10 stopped or parked on or near the roadway.’’. 

11 (C) in paragraph (5), as so redesig12 nated)— 

13 (i) by striking subparagraph (C); 

14 (ii) by redesignating subparagraph 

15 (B) as subparagraph (D); and 

16 (iii) by inserting after subparagraph 

17 (A) the following: 

18 ‘‘(B) SPECIAL RULE FOR SCHOOL AND

19 WORK ZONES.—Notwithstanding subparagraph 

20 (A), a State may expend funds apportioned to 

21 that State under this section to carry out a pro22 gram to purchase, operate, or maintain an 

23 automated traffic system in a work zone or 

24 school zone. 


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1 ‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT

2 SYSTEM GUIDELINES.—Any automated traffic 

3 enforcement system installed pursuant to sub4 paragraph (B) shall comply with speed enforce5 ment camera systems and red light camera sys6 tems guidelines established by the Secretary.’’; 

7 and 

8 (3) in subsection (n)— 

9 (A) by striking ‘‘PUBLIC TRANSPARENCY’’ 

10 and all that follows through ‘‘The Secretary’’ 

11 and inserting the following: ‘‘PUBLIC TRANS12 PARENCY.— 

13 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

15 ‘‘(2) STATE HIGHWAY SAFETY PLAN

16 WEBSITE.— 

17 ‘‘(A) IN GENERAL.—In carrying out the 

18 requirements of paragraph (1), the Secretary 

19 shall establish a public website that is easily ac20 cessible, navigable, and searchable for the infor21 mation required under paragraph (1), in order 

22 to foster greater transparency in approved 

23 State highway safety programs. 

24 ‘‘(B) CONTENTS.—The website established 

25 under subparagraph (A) shall— 


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1 ‘‘(i) include each State highway safety 

2 plan and annual report submitted and ap3 proved by the Secretary under subsection 

4 (k); 

5 ‘‘(ii) provide a means for the public to 

6 search such website for State highway 

7 safety program content required in sub8 section (k), including— 

9 ‘‘(I) performance measures re10 quired by the Secretary under para11 graph (3)(A); 

12 ‘‘(II) progress made toward 

13 meeting the State’s performance tar14 gets for the previous year; 

15 ‘‘(III) program areas and ex16 penditures; and 

17 ‘‘(IV) a description of any 

18 sources of funds other than funds pro19 vided under this section that the State 

20 proposes to use to carry out the State 

21 highway safety plan of such State.’’. 

22 SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY EN23 FORCEMENT. 

24 (a) IN GENERAL.—The Secretary of Transportation 

25 shall make grants under this section to an eligible nonVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 profit institution of higher education with demonstrated 

2 expertise in promoting fair and equitable traffic safety en3 forcement to establish and operate a national center of 

4 excellence for fair and equitable traffic safety enforcement 

5 (in this section referred to as the ‘‘Center’’). 

6 (b) PURPOSE.—The purpose of the Center shall be 

7 to promote fair and equitable traffic safety enforcement 

8 with the goal of reducing traffic fatalities and injuries. 

9 (c) ROLE OF CENTER.—The role of the Center shall 

10 be to establish and operate a national fair and equitable 

11 traffic safety enforcement clearinghouse to— 

12 (1) develop data collection systems to promote 

13 fair and equitable traffic safety enforcement solu14 tions, including assisting States participating in the 

15 program established under section 403(j) of title 23, 

16 United States Code, (as added by this Act) share 

17 data collected to a national database; 

18 (2) develop recommendations for States to im19 prove data collection on law enforcement programs 

20 carried out under sections 402 and 405 of this title 

21 in order to promote fair and equitable traffic safety 

22 enforcement programs; 

23 (3) provide technical assistance to States on the 

24 implementation of the program established under 


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1 section 403(j) of title 23, United States Code, as 

2 added by this Act; 

3 (4) research and disseminate best practices for 

4 implementing equitable traffic safety enforcement 

5 programs; 

6 (5) develop information and educational pro7 grams on implementing equitable traffic safety en8 forcement best practices; and 

9 (6) evaluate the feasibility and benefits of re10 quiring States participating in the program estab11 lished under section 403(j) of title 23, United States 

12 Code, as added by this Act, to collect data on pedes13 trian and bicyclist stops by law enforcement when 

14 the stop is made for a traffic law violation. 

15 (d) CONSULTATION.—In carrying out the activities 

16 under paragraphs (4) and (5) of subsection (c), the Center 

17 shall consult with relevant stakeholders, including— 

18 (1) civil rights organizations; 

19 (2) traffic safety advocacy groups; 

20 (3) law enforcement representatives; 

21 (4) State highway safety offices; and 

22 (5) such other surface transportation stake23 holders and industry experts as the Center considers 

24 appropriate. 


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1 (e) REPORT TO CONGRESS.—Not later than 2 years 

2 after the establishment of the Center under subsection (a), 

3 the Secretary shall submit to the Committee on Transpor4 tation and Infrastructure of the House of Representatives 

5 and the Committee on Environment and Public Works of 

6 the Senate a report on progress made toward meeting the 

7 goals established under subsection (b). 

8 SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOP9 MENT. 

10 Section 403 of title 23, United States Code, is 

11 amended— 

12 (1) in subsection (b) by inserting ‘‘, training,’’ 

13 after ‘‘demonstration projects’’; 

14 (2) in subsection (f)(1)— 

15 (A) by striking ‘‘$2,500,000’’ and inserting 

16 ‘‘$3,500,000’’; and 

17 (B) by striking ‘‘subsection 402(c) in each 

18 fiscal year ending before October 1, 2015, and 

19 $443,989 of the total amount available for ap20 portionment to the States for highway safety 

21 programs under section 402(c) in the period be22 ginning on October 1, 2015, and ending on De23 cember 4, 2015,’’ and inserting ‘‘section 

24 402(c)(2) in each fiscal year’’; and 


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1 (3) by striking subsection (h) and redesignating 

2 subsections (i) and (j) as subsections (h) and (i), re3 spectively. 

4 SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL 

5 PROFILING. 

6 Section 403 of title 23, United States Code, as 

7 amended by section 3004 of this Act, is further amended 

8 by adding at the end the following: 

9 ‘‘(j) GRANT PROGRAM TO PROHIBIT RACIAL

10 PROFILING.— 

11 ‘‘(1) GENERAL AUTHORITY.—Subject to the re12 quirements of this subsection, the Secretary shall 

13 make grants to a State that— 

14 ‘‘(A) is maintaining and allows public in15 spection of statistical information for each 

16 motor vehicle stop made by a law enforcement 

17 officer on a Federal-aid highway in the State 

18 regarding the race and ethnicity mode of trans19 portation of the driver; or 

20 ‘‘(B) provides assurances satisfactory to 

21 the Secretary that the State is undertaking ac22 tivities to comply with the requirements of sub23 paragraph (A). 

24 ‘‘(2) USE OF GRANT FUNDS.—A grant received 

25 by a State under paragraph (1)— 


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1 ‘‘(A) shall be used by the State for the 

2 costs of— 

3 ‘‘(i) collecting and maintaining data 

4 on traffic stops; 

5 ‘‘(ii) evaluating the results of such 

6 data; and 

7 ‘‘(iii) developing and implementing 

8 programs to reduce the occurrence of ra9 cial profiling; and 

10 ‘‘(B) may be used by the State for the 

11 costs of collecting, maintaining, and evaluating 

12 data on the driver’s mode of transportation at 

13 traffic stops. 

14 ‘‘(2) USE OF GRANT FUNDS.—A grant received 

15 by a State under paragraph (1)— 

16 ‘‘(A) shall be used by the State for the 

17 costs of— 

18 ‘‘(i) collecting and maintaining data 

19 on traffic stops; 

20 ‘‘(ii) evaluating the results of such 

21 data; and 

22 ‘‘(iii) developing and implementing 

23 programs to reduce the occurrence of ra24 cial profiling; and 


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1 ‘‘(B) may be used by the State for the 

2 costs of collecting, maintaining, and evaluating 

3 data on traffic-related stops of pedestrians, 

4 bicyclists, or people traveling via micromobility 

5 devices. 

6 ‘‘(3) LIMITATIONS.—The total amount of 

7 grants made to a State under this section in a fiscal 

8 year may not exceed— 

9 ‘‘(A) 10 percent of the amount made avail10 able to carry out this section in the fiscal year 

11 for States eligible under paragraph (1)(A); and 

12 ‘‘(B) 5 percent of the amount made avail13 able to carry out this section in the fiscal year 

14 for States eligible under paragraph (1)(B). 

15 ‘‘(4) FUNDING.—From funds made available 

16 under this section, the Secretary shall set aside 

17 $15,000,000 for each fiscal year to carry out this 

18 subsection.’’. 

19 SEC. 3006. NATIONAL SAFETY CAMPAIGNS. 

20 (a) IN GENERAL.—Section 404 of title 23, United 

21 States Code, is amended to read as follows: 

22 ‘‘§ 404. National safety campaigns 

23 ‘‘(a) IN GENERAL.—The Secretary shall establish 

24 and administer a program under which not less than 3 

25 high-visibility enforcement campaigns and not less than 3 


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1 public awareness campaigns will be carried out in each of 

2 fiscal years 2023 through 2026. 

3 ‘‘(b) HIGH-VISIBILITY ENFORCEMENT.—In carrying 

4 out the requirements under paragraph (a), the Secretary 

5 shall ensure that in each fiscal year not less than 1 high6 visibility enforcement campaign is carried out to— 

7 ‘‘(1) reduce alcohol-impaired operation of a 

8 motor vehicle; 

9 ‘‘(2) reduce alcohol-impaired and drug-impaired 

10 operation of a motor vehicle; and 

11 ‘‘(3) increase use of seatbelts by occupants of 

12 motor vehicles. 

13 ‘‘(c) PUBLIC AWARENESS.—The purpose of each 

14 public awareness campaign carried out under this section 

15 shall be to achieve outcomes related to not less than 1 

16 of the following objectives: 

17 ‘‘(1) Increase the proper use of seatbelts and 

18 child restraints by occupants of motor vehicles. 

19 ‘‘(2) Reduce instances of distracted driving. 

20 ‘‘(3) Reduce instances of speeding by drivers. 

21 ‘‘(d) ADVERTISING.—The Secretary may use, or au22 thorize the use of, funds available to carry out this section 

23 to pay for the development, production, and use of broad24 cast and print media advertising and Internet-based out25 reach in carrying out campaigns under this section. In alVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 locating such funds, consideration shall be given to adver2 tising directed at non-English speaking populations, in3 cluding those who listen to, read, or watch nontraditional 

4 media. 

5 ‘‘(e) COORDINATION WITH STATES.—The Secretary 

6 shall coordinate with States in carrying out the high-visi7 bility enforcement campaigns under this section, including 

8 advertising funded under subsection (d), with consider9 ation given to— 

10 ‘‘(1) relying on States to provide law enforce11 ment resources for the campaigns out of funding 

12 made available under sections 402 and 405; and 

13 ‘‘(2) providing, out of National Highway Traffic 

14 Safety Administration resources, most of the means 

15 necessary for national advertising and education ef16 forts associated with the campaigns. 

17 ‘‘(f) COORDINATION OF DYNAMIC HIGHWAY MES18 SAGE SIGNS.—During national high-visibility enforcement 

19 emphasis periods supported by these funds, the Federal 

20 Highway Administration and the National Highway Traf21 fic Safety Administration shall coordinate with State de22 partments of transportation on the use of dynamic high23 way message signs to support high-visibility national em24 phasis activities. 


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1 ‘‘(g) USE OF FUNDS.—Funds made available to carry 

2 out this section may be used only for activities described 

3 in subsections (c) and (d). 

4 ‘‘(h) DEFINITION.—In this section: 

5 ‘‘(1) CAMPAIGN.—The term ‘campaign’ means 

6 a high-visibility traffic safety law enforcement cam7 paign or a traffic safety public awareness campaign. 

8 ‘‘(2) DYNAMIC HIGHWAY.—The term ‘dynamic 

9 highway message sign’ means a traffic control device 

10 that is capable of displaying one or more alternative 

11 messages which convey information to travelers. 

12 ‘‘(3) STATE.—The ‘State’ has the meaning 

13 given that term in section 401.’’. 

14 (b) CLERICAL AMENDMENT.—The item relating to 

15 section 404 in the analysis for chapter 4 of title 23, United 

16 States Code, is amended to read as follows: 

‘‘404. National safety campaigns.’’. 

17 SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS. 

18 (a) IN GENERAL.—Section 405 of title 23, United 

19 States Code, is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1) by striking ‘‘13 per22 cent’’ and inserting ‘‘12.85 percent’’; 

23 (B) in paragraph (2) by striking ‘‘14.5 

24 percent’’ and inserting ‘‘14.3 percent’’; 


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1 (C) in paragraph (3) by striking ‘‘52.5 

2 percent’’ and inserting ‘‘51.75 percent’’; 

3 (D) in paragraph (4) by striking ‘‘8.5 per4 cent’’ and inserting ‘‘8.3 percent’’; 

5 (E) in paragraph (6) by striking ‘‘5 per6 cent’’ and inserting ‘‘4.9 percent’’; 

7 (F) in paragraph (7) by striking ‘‘5 per8 cent’’ and inserting ‘‘4.9 percent’’; 

9 (G) in paragraph (8)— 

10 (i) by striking ‘‘paragraphs (1) 

11 through (7)’’ and inserting ‘‘paragraphs 

12 (1) through (8)’’; 

13 (ii) by striking ‘‘subsections (b) 

14 through (h)’’ and inserting ‘‘subsections 

15 (b) through (i)’’; and 

16 (iii) by inserting ‘‘to carry out any of 

17 the other activities described in such sub18 sections, or the amount made available’’ 

19 before ‘‘under section 402’’; 

20 (H) in paragraph (9)(A) by striking ‘‘date 

21 of enactment of the FAST Act’’ and inserting 

22 ‘‘date of enactment of the INVEST in America 

23 Act’’; 


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1 (I) by redesignating paragraphs (8), (9), 

2 and (10) as paragraphs (9), (10), and (11), re3 spectively; and 

4 (J) by inserting after paragraph (7) the 

5 following: 

6 ‘‘(8) DRIVER AND OFFICER SAFETY EDU7 CATION.—In each fiscal year, 1.5 percent of the 

8 funds provided under this section shall be allocated 

9 among States that meet the requirements with re10 spect to driver and officer safety education (as de11 scribed in subsection (i)).’’; 

12 (2) in subsection (c)(3)(E) by striking ‘‘5’’ and 

13 inserting ‘‘10’’; 

14 (3) in subsection (b)(4)— 

15 (A) in subparagraph (A) by striking clause 

16 (v) and inserting the following: 

17 ‘‘(v) implement programs in low-in18 come and underserved populations to— 

19 ‘‘(I) recruit and train occupant 

20 protection safety professionals, nation21 ally certified child passenger safety 

22 technicians, police officers, fire and 

23 emergency medical personnel, and 

24 educators serving low-income and un25 derserved populations; 


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1 ‘‘(II) educate parents and care2 givers in low-income and underserved 

3 populations about the proper use and 

4 installation of child safety seats; and 

5 ‘‘(III) purchase and distribute 

6 child safety seats to low-income and 

7 underserved populations; and’’; and 

8 (B) in subparagraph (B)— 

9 (i) by striking ‘‘100 percent’’ and in10 serting ‘‘90 percent’’; and 

11 (ii) by inserting ‘‘The remaining 10 

12 percent of such funds shall be used to 

13 carry out subsection (A)(v).’’ after ‘‘section 

14 402.’’; 

15 (4) by striking subsection (c)(4) and inserting 

16 the following: 

17 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 

18 received by a State under this subsection shall be 

19 used for— 

20 ‘‘(A) making data program improvements 

21 to core highway safety databases related to 

22 quantifiable, measurable progress in any of the 

23 6 significant data program attributes set forth 

24 in paragraph (3)(D); 


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1 ‘‘(B) developing or acquiring information 

2 technology for programs to identify, collect, and 

3 report data to State and local government agen4 cies, and enter data, including crash, citation 

5 and adjudication, driver, emergency medical 

6 services or injury surveillance system, roadway, 

7 and vehicle, into the core highway safety data8 bases of a State; 

9 ‘‘(C) purchasing equipment used to iden10 tify, collect, and report State safety data to 

11 support State efforts to improve State traffic 

12 safety information systems; 

13 ‘‘(D) linking core highway safety databases 

14 of a State with such databases of other States; 

15 ‘‘(E) improving the compatibility and 

16 interoperability of the core highway safety data17 bases of the State with national data systems 

18 and data systems of other States; 

19 ‘‘(F) costs associated with training State 

20 and local personnel on ways to improve State 

21 traffic safety information systems; 

22 ‘‘(G) hiring a Fatality Analysis Reporting 

23 System liaison for a State; and 

24 ‘‘(H) conducting research on State traffic 

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1 oping and evaluating programs to improve core 

2 highway safety databases of such State and 

3 processes by which data is identified, collected, 

4 reported to State and local government agen5 cies, and entered into such core safety data6 bases.’’; 

7 (5) by striking subsection (d)(6)(A) and insert8 ing the following: 

9 ‘‘(A) GRANTS TO STATES WITH ALCOHOL10 IGNITION INTERLOCK LAWS.—The Secretary 

11 shall make a separate grant under this sub12 section to each State that— 

13 ‘‘(i) adopts and is enforcing a manda14 tory alcohol-ignition interlock law for all 

15 individuals at the time of, or prior to, a 

16 conviction of driving under the influence of 

17 alcohol or of driving while intoxicated; 

18 ‘‘(ii) does not allow any individual re19 quired to have an ignition interlock for 

20 driving privileges to drive a motor vehicle 

21 unless such individual installs an ignition 

22 interlock for a minimum 180-day interlock 

23 period; or 

24 ‘‘(iii) has— 


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1 ‘‘(I) enacted and is enforcing a 

2 state law requiring all individuals con3 victed of, or whose driving privilege is 

4 revoked or denied for, refusing to sub5 mit to a chemical or other test for the 

6 purpose of determining the presence 

7 or concentration of any intoxicating 

8 substance to install an ignition inter9 lock for a minimum 180-day interlock 

10 period unless the driver successfully 

11 completes an appeal process; and 

12 ‘‘(II) a compliance-based removal 

13 program in which an individual re14 quired to install an ignition interlock 

15 for a minimum 180-day interlock pe16 riod and have completed a minimum 

17 consecutive period of not less than 60 

18 days of the required interlock period 

19 immediately preceding the date of re20 lease, without a confirmed violation, 

21 as defined by State law or regulations, 

22 of driving under the influence of alco23 hol or driving while intoxicated.’’; 

24 (6) in subsection (e)— 


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1 (A) in paragraph (1) by striking ‘‘para2 graphs (2) and (3)’’ and inserting ‘‘paragraph 

3 (2)’’; 

4 (B) in paragraph (4)— 

5 (i) by striking ‘‘paragraph (2) or (3)’’ 

6 and inserting ‘‘paragraph (3) or (4)’’; 

7 (ii) in subparagraph (A) by striking 

8 ‘‘communications device to contact emer9 gency services’’ and inserting ‘‘communica10 tions device during an emergency to con11 tact emergency services or to prevent in12 jury to persons or property’’; 

13 (iii) in subparagraph (C) by striking 

14 ‘‘; and’’ and inserting a semicolon; 

15 (iv) by redesignating subparagraph 

16 (D) as subparagraph (E); and 

17 (v) by inserting after subparagraph 

18 (C) the following: 

19 ‘‘(D) a driver who uses a personal wireless 

20 communication device for navigation; and’’; 

21 (C) in paragraph (5)(A)(i) by striking 

22 ‘‘texting or using a cell phone while’’ and in23 serting ‘‘distracted’’; 

24 (D) in paragraph (7) by striking ‘‘Of the 

25 amounts’’ and inserting ‘‘In addition to the 


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1 amounts authorized under section 404 and of 

2 the amounts’’; 

3 (E) in paragraph (9)— 

4 (i) by striking subparagraph (B) and 

5 inserting the following: 

6 ‘‘(B) PERSONAL WIRELESS COMMUNICA7 TIONS DEVICE.—The term ‘personal wireless 

8 communications device’ means— 

9 ‘‘(i) until the date on which the Sec10 retary issues a regulation pursuant to 

11 paragraph (8)(A), a device through which 

12 personal services (as such term is defined 

13 in section 332(c)(7)(C)(i) of the Commu14 nications Act of 1934 (47 U.S.C. 

15 332(c)(7)(C)(i)) are transmitted, but not 

16 including the use of such a device as a 

17 global navigation system receiver used for 

18 positioning, emergency notification, or 

19 navigation purposes; and 

20 ‘‘(ii) on and after the date on which 

21 the Secretary issues a regulation pursuant 

22 to paragraph (8)(A), the definition de23 scribed in such regulation.’’; and 

24 (ii) by striking subparagraph (E) and 

25 inserting the following: 


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1 ‘‘(E) TEXTING.—The term ‘texting’ 

2 means— 

3 ‘‘(i) until the date on which the Sec4 retary issues a regulation pursuant to 

5 paragraph (8)(A), reading from or manu6 ally entering data into a personal wireless 

7 communications device, including doing so 

8 for the purpose of SMS texting, emailing, 

9 instant messaging, or engaging in any 

10 other form of electronic data retrieval or 

11 electronic data communication; and 

12 ‘‘(ii) on and after the date on which 

13 the Secretary issues a regulation pursuant 

14 to paragraph (8)(A), the definition de15 scribed in such regulation.’’; 

16 (F) by striking paragraphs (2), (3), (6), 

17 and (8); 

18 (G) by redesignating paragraphs (4) and 

19 (5) as paragraphs (5) and (6), respectively; 

20 (H) by inserting after paragraph (1) the 

21 following: 

22 ‘‘(2) ALLOCATION.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graphs (B), (C), and (D), the allocation of 

25 grant funds to a State under this subsection for 


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1 a fiscal year shall be in proportion to the 

2 State’s apportionment under section 402 for 

3 fiscal year 2009. 

4 ‘‘(B) PRIMARY OFFENSE LAWS.—A State 

5 that has enacted and is enforcing a law that 

6 meets the requirements set forth in paragraphs 

7 (3) and (4) as a primary offense shall be allo8 cated 100 percent of the amount calculated 

9 under subparagraph (A). 

10 ‘‘(C) SECONDARY OFFENSE LAWS.—A 

11 State that has enacted and is enforcing a law 

12 that meets the requirements set forth in para13 graphs (3) and (4) as a secondary offense shall 

14 be allocated 50 percent of the amount cal15 culated under subparagraph (A). 

16 ‘‘(D) TEXTING WHILE DRIVING.—Notwith17 standing subparagraphs (B) and (C), a State 

18 shall be allocated 25 percent of the amount cal19 culated under subparagraph (A) if such State 

20 has enacted and is enforcing a law that pro21 hibits a driver from viewing a personal wireless 

22 communication device, except for the purpose of 

23 navigation. 

24 ‘‘(3) PROHIBITION ON HANDHELD PERSONAL

25 WIRELESS COMMUNICATION DEVICE USE WHILE


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1 DRIVING.—A State law meets the requirements set 

2 forth in this paragraph if the law— 

3 ‘‘(A) prohibits a driver from holding or 

4 using, including texting, a personal wireless 

5 communications device while driving, except for 

6 the use of a personal wireless communications 

7 device— 

8 ‘‘(i) in a hands-free manner or with a 

9 hands-free accessory; or 

10 ‘‘(ii) to activate or deactivate a fea11 ture or function of the personal wireless 

12 communications device; 

13 ‘‘(B) establishes a fine for a violation of 

14 the law; and 

15 ‘‘(C) does not provide for an exemption 

16 that specifically allows a driver to hold or use 

17 a personal wireless communication device while 

18 stopped in traffic. 

19 ‘‘(4) PROHIBITION ON PERSONAL WIRELESS

20 COMMUNICATION DEVICE USE WHILE DRIVING OR

21 STOPPED IN TRAFFIC.—A State law meets the re22 quirements set forth in this paragraph if the law— 

23 ‘‘(A) prohibits a driver from holding or 

24 using a personal wireless communications device 

25 while driving if the driver is— 


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1 ‘‘(i) younger than 18 years of age; or 

2 ‘‘(ii) in the learner’s permit or inter3 mediate license stage described in subpara4 graph (A) or (B) of subsection (g)(2); 

5 ‘‘(B) establishes a fine for a violation of 

6 the law; and 

7 ‘‘(C) does not provide for an exemption 

8 that specifically allows a driver to use a per9 sonal wireless communication device while 

10 stopped in traffic.’’; and 

11 (I) by inserting after paragraph (7) the 

12 following: 

13 ‘‘(8) RULEMAKING.—Not later than 1 year 

14 after the date of enactment of this paragraph, the 

15 Secretary shall issue such regulations as are nec16 essary to account for diverse State approaches to 

17 combating distracted driving that— 

18 ‘‘(A) defines the terms personal wireless 

19 communications device and texting for the pur20 poses of this subsection; and 

21 ‘‘(B) determines additional permitted ex22 ceptions that are appropriate for a State law 

23 that meets the requirements under paragraph 

24 (3) or (4).’’; 

25 (7) in subsection (g)— 


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1 (A) in paragraph (1) by inserting ‘‘sub2 paragraphs (A) and (B) of’’ before ‘‘paragraph 

3 (2)’’; 

4 (B) by striking paragraph (2) and insert5 ing the following: 

6 ‘‘(2) MINIMUM REQUIREMENTS.— 

7 ‘‘(A) TIER 1 STATE.—A State shall be eli8 gible for a grant under this subsection as a Tier 

9 1 State if such State requires novice drivers 

10 younger than 18 years of age to comply with a 

11 2-stage graduated driver licensing process be12 fore receiving an unrestricted driver’s license 

13 that includes— 

14 ‘‘(i) a learner’s permit stage that— 

15 ‘‘(I) is at least 180 days in dura16 tion; 

17 ‘‘(II) requires that the driver be 

18 accompanied and supervised at all 

19 times; and 

20 ‘‘(III) has a requirement that the 

21 driver obtain at least 40 hours of be22 hind-the-wheel training with a super23 visor; and 

24 ‘‘(ii) an intermediate stage that— 


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1 ‘‘(I) commences immediately 

2 after the expiration of the learner’s 

3 permit stage; 

4 ‘‘(II) is at least 180 days in du5 ration; and 

6 ‘‘(III) for the first 180 days of 

7 the intermediate stage, restricts the 

8 driver from— 

9 ‘‘(aa) driving at night be10 tween the hours of 11:00 p.m. 

11 and at least 4:00 a.m. except— 

12 ‘‘(AA) when a parent, 

13 guardian, driving instructor, 

14 or licensed driver who is at 

15 least 21 years of age is in 

16 the motor vehicle; and 

17 ‘‘(BB) when driving to 

18 and from work, school and 

19 school-related activities, reli20 gious activities, for emer21 gencies, or as a member of 

22 voluntary emergency service; 

23 and 

24 ‘‘(bb) operating a motor ve25 hicle with more than 1 nonVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 familial passenger younger than 

2 18 years of age, except when a 

3 parent, guardian, driving instruc4 tor, or licensed driver who is at 

5 least 21 years of age is in the 

6 motor vehicle. 

7 ‘‘(B) TIER 2 STATE.—A State shall be eli8 gible for a grant under this subsection as a Tier 

9 2 State if such State requires novice drivers 

10 younger than 18 years of age to comply with a 

11 2-stage graduated driver licensing process be12 fore receiving an unrestricted driver’s license 

13 that includes— 

14 ‘‘(i) a learner’s permit stage that— 

15 ‘‘(I) is at least 180 days in dura16 tion; 

17 ‘‘(II) requires that the driver be 

18 accompanied and supervised at all 

19 times; and 

20 ‘‘(III) has a requirement that the 

21 driver obtain at least 50 hours of be22 hind-the-wheel training, with at least 

23 10 hours at night, with a supervisor; 

24 and 

25 ‘‘(ii) an intermediate stage that— 


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1 ‘‘(I) commences immediately 

2 after the expiration of the learner’s 

3 permit stage; 

4 ‘‘(II) is at least 180 days in du5 ration; and 

6 ‘‘(III) for the first 180 days of 

7 the intermediate stage, restricts the 

8 driver from— 

9 ‘‘(aa) driving at night be10 tween the hours of 10:00 p.m. 

11 and at least 4:00 a.m. except— 

12 ‘‘(AA) when a parent, 

13 guardian, driving instructor, 

14 or licensed driver who is at 

15 least 21 years of age is in 

16 the motor vehicle; and 

17 ‘‘(BB) when driving to 

18 and from work, school and 

19 school-related activities, reli20 gious activities, for emer21 gencies, or as a member of 

22 voluntary emergency service; 

23 and 

24 ‘‘(bb) operating a motor ve25 hicle with any nonfamilial pasVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01046 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 senger younger than 18 years of 

2 age, except when a parent, 

3 guardian, driving instructor, or 

4 licensed driver who is at least 21 

5 years of age is in the motor vehi6 cle.’’; 

7 (C) in paragraph (3)— 

8 (i) in subparagraph (A) by inserting 

9 ‘‘subparagraphs (A) and (B) of’’ before 

10 ‘‘paragraph (2)’’; and 

11 (ii) in subparagraph (B) by inserting 

12 ‘‘subparagraphs (A) and (B) of’’ before 

13 ‘‘paragraph (2)’’ each place such term ap14 pears; 

15 (D) in paragraph (4) by striking ‘‘such fis16 cal year’’ and inserting ‘‘fiscal year 2009’’; and 

17 (E) by striking paragraph (5) and insert18 ing the following: 

19 ‘‘(5) USE OF FUNDS.— 

20 ‘‘(A) TIER 1 STATES.—A Tier 1 State shall 

21 use grant funds provided under this subsection 

22 for— 

23 ‘‘(i) enforcing a 2-stage licensing 

24 process that complies with paragraph (2); 


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1 ‘‘(ii) training for law enforcement per2 sonnel and other relevant State agency 

3 personnel relating to the enforcement de4 scribed in clause (i); 

5 ‘‘(iii) publishing relevant educational 

6 materials that pertain directly or indirectly 

7 to the State graduated driver licensing law; 

8 ‘‘(iv) carrying out other administrative 

9 activities that the Secretary considers rel10 evant to the State’s 2-stage licensing proc11 ess; or 

12 ‘‘(v) carrying out a teen traffic safety 

13 program described in section 402(m). 

14 ‘‘(B) TIER 2 STATES .—Of the grant funds 

15 made available to a Tier 2 State under this 

16 subsection— 

17 ‘‘(i) 25 percent shall be used for any 

18 activity described in subparagraph (A); 

19 and 

20 ‘‘(ii) 75 percent may be used for any 

21 project or activity eligible under section 

22 402.’’; 

23 (8) by amending subsection (h)(4) to read as 

24 follows: 


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1 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 

2 received by a State under this subsection may be 

3 used for the safety of pedestrians and bicyclists, in4 cluding— 

5 ‘‘(A) training of law enforcement officials 

6 on pedestrian and bicycle safety, State laws ap7 plicable to pedestrian and bicycle safety, and in8 frastructure designed to improve pedestrian and 

9 bicycle safety; 

10 ‘‘(B) carrying out a program to support 

11 enforcement mobilizations and campaigns de12 signed to enforce State traffic laws applicable to 

13 pedestrian and bicycle safety; 

14 ‘‘(C) public education and awareness pro15 grams designed to inform motorists, pedes16 trians, and bicyclists about— 

17 ‘‘(i) pedestrian and bicycle safety, in18 cluding information on nonmotorized mo19 bility and the important of speed manage20 ment to the safety of pedestrians and 

21 bicyclists; 

22 ‘‘(ii) the value of the use of pedestrian 

23 and bicycle safety equipment, including 

24 lighting, conspicuity equipment, mirrors, 

25 helmets and other protective equipment, 


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1 and compliance with any State or local 

2 laws requiring their use; 

3 ‘‘(iii) State traffic laws applicable to 

4 pedestrian and bicycle safety, including 

5 motorists’ responsibilities towards pedes6 trians and bicyclists; and 

7 ‘‘(iv) infrastructure designed to im8 prove pedestrian and bicycle safety; and 

9 ‘‘(D) data analysis and research con10 cerning pedestrian and bicycle safety.’’; and 

11 (9) by adding at the end the following: 

12 ‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 

13 ‘‘(1) GENERAL AUTHORITY.—Subject to the re14 quirements under this subsection, the Secretary shall 

15 award grants to— 

16 ‘‘(A) States that enact a commuter safety 

17 education program; and 

18 ‘‘(B) States qualifying under paragraph 

19 (5)(A). 

20 ‘‘(2) FEDERAL SHARE.—The Federal share of 

21 the costs of activities carried out using amounts 

22 from a grant awarded under this subsection may not 

23 exceed 80 percent. 


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1 ‘‘(3) ELIGIBILITY.—To be eligible for a grant 

2 under this subsection, a State shall enact a law or 

3 adopt a program that requires the following: 

4 ‘‘(A) DRIVER EDUCATION AND DRIVING

5 SAFETY COURSES.—Inclusion, in driver edu6 cation and driver safety courses provided to in7 dividuals by educational and motor vehicle 

8 agencies of the State, of instruction and testing 

9 concerning law enforcement practices during 

10 traffic stops, including information on— 

11 ‘‘(i) the role of law enforcement and 

12 the duties and responsibilities of peace offi13 cers; 

14 ‘‘(ii) an individual’s legal rights con15 cerning interactions with peace officers; 

16 ‘‘(iii) best practices for civilians and 

17 peace officers during such interactions; 

18 ‘‘(iv) the consequences for an individ19 ual’s or officer’s failure to comply with 

20 those laws and programs; and 

21 ‘‘(v) how and where to file a com22 plaint against or a compliment on behalf of 

23 a peace officer. 

24 ‘‘(B) PEACE OFFICER TRAINING PRO25 GRAMS.—Development and implementation of a 


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1 training program, including instruction and 

2 testing materials, for peace officers and reserve 

3 law enforcement officers (other than officers 

4 who have received training in a civilian course 

5 described in subparagraph (A)) with respect to 

6 proper interaction with civilians during traffic 

7 stops. 

8 ‘‘(4) GRANT AMOUNT.—The allocation of grant 

9 funds to a State under this subsection for a fiscal 

10 year shall be in proportion to the State’s apportion11 ment under section 402 for fiscal year 2009. 

12 ‘‘(5) SPECIAL RULE FOR CERTAIN STATES.— 

13 ‘‘(A) QUALIFYING STATE.—A State quali14 fies pursuant to this subparagraph if— 

15 ‘‘(i) the Secretary determines such 

16 State has taken meaningful steps toward 

17 the full implementation of a law or pro18 gram described in paragraph (3); 

19 ‘‘(ii) the Secretary determines such 

20 State has established a timetable for the 

21 implementation of such a law or program; 

22 and 

23 ‘‘(iii) such State has received a grant 

24 pursuant to this subsection for a period of 

25 not more than 5 years. 


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1 ‘‘(B) WITHHOLDING.—With respect to a 

2 State that qualifies pursuant to subparagraph 

3 (A), the Secretary shall— 

4 ‘‘(i) withhold 50 percent of the 

5 amount that such State would otherwise 

6 receive if such State were a State described 

7 in paragraph (1)(A); and 

8 ‘‘(ii) direct any such amounts for dis9 tribution among the States that are enforc10 ing and carrying out a law or program de11 scribed in paragraph (3). 

12 ‘‘(6) USE OF GRANT AMOUNTS.—A State re13 ceiving a grant under this subsection may use such 

14 grant— 

15 ‘‘(A) for the production of educational ma16 terials and training of staff for driver education 

17 and driving safety courses and peace officer 

18 training described in paragraph (3); and 

19 ‘‘(B) for the implementation of the law de20 scribed in paragraph (3).’’. 

21 (b) CONFORMING AMENDMENT.—Sections 402, 403, 

22 and 405 of title 23, United States Code, are amended— 

23 (1) by striking ‘‘accidents’’ and inserting 

24 ‘‘crashes’’ each place it appears; and 


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1 (2) by striking ‘‘accident’’ and inserting 

2 ‘‘crash’’ each place it appears. 

3 SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

4 FOR DRIVING WHILE INTOXICATED OR DRIV5 ING UNDER THE INFLUENCE. 

6 Section 164(b)(1) of title 23, United States Code, is 

7 amended— 

8 (1) in subparagraph (A) by striking ‘‘alcohol9 impaired’’ and inserting ‘‘alcohol or polysubstance10 impaired’’; and 

11 (2) in subparagraph (B)— 

12 (A) by striking ‘‘alcohol-impaired’’ and in13 serting ‘‘alcohol or polysubstance-impaired’’; 

14 (B) by striking ‘‘or’’ and inserting a 

15 comma; and 

16 (C) by inserting ‘‘, or driving while 

17 polysubstance-impaired’’ after ‘‘driving under 

18 the influence’’. 

19 SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

20 ELIGIBILITY. 

21 Section 4010(2) of the FAST Act (23 U.S.C. 405 

22 note) is amended by striking ‘‘deficiencies’’ and inserting 

23 ‘‘all deficiencies’’. 


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1 SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING 

2 GRANTS. 

3 (a) IN GENERAL.—The Secretary of Transportation 

4 shall make grants to institutions of higher education (as 

5 such term is defined in section 101 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1001)) to carry out re7 search, development, technology transfer, and training ac8 tivities in the operation or establishment of an implicit 

9 bias training program as it relates to racial profiling at 

10 traffic stops. 

11 (b) QUALIFICATIONS.—To be eligible for a grant 

12 under this section, an institution of higher education 

13 shall— 

14 (1) have an active research program or dem15 onstrate, to the satisfaction of the Secretary, that 

16 the applicant is beginning a research program to 

17 study implicit bias as it relates to racial profiling be18 fore and during traffic stops; and 

19 (2) partner with State and local police depart20 ments to conduct the research described in para21 graph (1) and carry out the implementation of im22 plicit bias training with State and local police de23 partments. 

24 (c) REPORT.—No later than 1 year after a grant has 

25 been awarded under this section, the institution of higher 

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate a report sum4 marizing the research on implicit bias as it relates to racial 

5 profiling before and during traffic stops, and recommenda6 tions on effective interventions and trainings. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated $20,000,000 for each 

9 fiscal year to carry out this section. 

10 (e) DEFINITIONS.—In this section, the term ‘‘implicit 

11 bias training program’’ means a program that looks at the 

12 attitudes, stereotypes, and lenses human beings develop 

13 through various experiences in life that can unconsciously 

14 affect how they interact with one another. 

15 SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING. 

16 Section 4007 of the FAST Act (23 U.S.C. 153 note) 

17 is amended— 

18 (1) in paragraph (1) by striking ‘‘or’’ at the 

19 end; 

20 (2) in paragraph (2) by striking the period at 

21 the end and inserting ‘‘; or’’; and 

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

23 ‘‘(3) otherwise profile and stop motorcycle oper24 ators or motorcycle passengers using as a factor the 


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1 clothing or mode of transportation of such operators 

2 or passengers.’’. 

3 SEC. 3012. ELECTRONIC DRIVER’S LICENSE. 

4 (a) REAL ID ACT.—Section 202(a)(1) of the REAL 

5 ID Act of 2005 (49 U.S.C. 30301 note) is amended by 

6 striking ‘‘a driver’s license or identification card’’ and in7 serting ‘‘a physical or digital driver’s license or identifica8 tion card’’. 

9 (b) TITLE 18.—Section 1028(d)(7)(A) of title 18, 

10 United States Code, is amended by striking ‘‘government 

11 issued driver’s license’’ and inserting ‘‘government issued 

12 physical or digital driver’s license’’. 

13 SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Motorcyclist Advisory Council Reauthorization Act’’. 

16 (b) ESTABLISHMENT.—Not later than 90 days after 

17 the date of enactment of this Act, the Secretary of Trans18 portation shall establish a Motorcyclist Advisory Council 

19 (in this section referred to as the ‘‘Council’’). 

20 (c) DUTIES.— 

21 (1) ADVISING.—The Council shall advise the 

22 Secretary, the Administrator of the National High23 way Traffic Safety Administration, and the Adminis24 trator of the Federal Highway Administration on 


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1 transportation issues of concern to motorcyclists, in2 cluding— 

3 (A) barrier design; 

4 (B) road design, construction, and mainte5 nance practices; and 

6 (C) the architecture and implementation of 

7 intelligent transportation system technologies. 

8 (2) BIENNIAL COUNCIL REPORT.— 

9 (A) IN GENERAL.—The Council shall sub10 mit a report to the Secretary containing the 

11 Council’s recommendations regarding the issues 

12 described in paragraph (1) on which the Coun13 cil provides advice pursuant to such paragraph. 

14 (B) TIMING.—Not later than October 31 

15 of the calendar year following the calendar year 

16 in which the Council is established, and by 

17 every 2nd October 31 thereafter, the Council 

18 shall submit the report required under this 

19 paragraph. 

20 (d) MEMBERSHIP.— 

21 (1) IN GENERAL.—The Council shall be com22 prised of 12 members appointed by the Secretary as 

23 follows: 


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1 (A) Five experts from State or local gov2 ernment on highway engineering issues, includ3 ing— 

4 (i) barrier design; 

5 (ii) road design, construction, and 

6 maintenance; or 

7 (iii) intelligent transportation systems. 

8 (B) One State or local traffic and safety 

9 engineer, design engineer, or other transpor10 tation department official who is a motorcyclist. 

11 (C) One representative from a national as12 sociation of State transportation officials. 

13 (D) One representative from a national 

14 motorcyclist association. 

15 (E) One representative from a national 

16 motorcyclist foundation. 

17 (F) One representative from a national 

18 motorcycle manufacturing association. 

19 (G) One roadway safety data expert on 

20 crash testing and analysis. 

21 (H) One member of a national safety orga22 nization that represents the traffic safety sys23 tems industry. 

24 (2) DURATION.— 


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1 (A) TERM.—Subject to subparagraphs (B) 

2 and (C), each member shall serve one term of 

3 2 years. 

4 (B) ADDITIONAL TERMS.—If a successor is 

5 not designated for a member before the expira6 tion of the term the member is serving, the 

7 member may serve another term. 

8 (C) APPOINTMENT OF REPLACEMENTS.—If 

9 a member resigns before serving a full 2-year 

10 term, the Secretary may appoint a replacement 

11 for such member to serve the remaining portion 

12 such term. A member may continue to serve 

13 after resignation until a successor has been ap14 pointed. A vacancy in the Council shall be filled 

15 in the manner in which the original appoint16 ment was made. 

17 (3) COMPENSATION.—Members shall serve 

18 without compensation. 

19 (e) TERMINATION.—The Council shall terminate 6 

20 years after the date of its establishment. 

21 (f) DUTIES OF THE SECRETARY.— 

22 (1) ACCEPT OR REJECT RECOMMENDATION.— 

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1 ject a recommendation contained in a Council 

2 report. 

3 (B) TIMING.— 

4 (i) MUST ACCEPT OR REJECT.—The 

5 Secretary must indicate in each report sub6 mitted under this section the Secretary’s 

7 acceptance or rejection of each rec8 ommendation listed in such report. 

9 (ii) EXCEPTION.—The Secretary may 

10 indicate in a report submitted under this 

11 section that a recommendation is under 

12 consideration. If the Secretary does so, the 

13 Secretary must accept or reject the rec14 ommendation in the next report submitted 

15 under this section. 

16 (2) REPORT.— 

17 (A) IN GENERAL.—Not later than 60 days 

18 after the Secretary receives a Council report, 

19 the Secretary shall submit a report to the fol20 lowing committees and subcommittees: 

21 (i) The Committee on Transportation 

22 and Infrastructure of the House of Rep23 resentatives. 

24 (ii) The Committee on Environment 

25 and Public Works of the Senate. 


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1 (iii) The Committee on Commerce, 

2 Science, and Transportation of the Senate. 

3 (iv) The Subcommittee on Transpor4 tation, and Housing and Urban Develop5 ment, and Related Agencies of the Com6 mittee on Appropriations of the House of 

7 Representatives. 

8 (v) The Subcommittee on Transpor9 tation, and Housing and Urban Develop10 ment, and Related Agencies of the Com11 mittee on Appropriations of the Senate. 

12 (B) CONTENTS.—A report submitted 

13 under this subsection shall include— 

14 (i) a list containing— 

15 (I) each recommendation con16 tained in the Council report described 

17 in paragraph (1); and 

18 (II) each recommendation indi19 cated as under consideration in the 

20 previous report submitted under this 

21 subsection; and 

22 (ii) for each such recommendation, 

23 whether it is accepted, rejected, or under 

24 consideration by the Secretary. 


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1 (3) ADMINISTRATIVE AND TECHNICAL SUP2 PORT.—The Secretary shall provide such adminis3 trative support, staff, and technical assistance to the 

4 Council as the Secretary determines to be necessary 

5 for the Council to carry out its duties. 

6 (g) DEFINITIONS.—In this section: 

7 (1) COUNCIL REPORT.—The term ‘‘Council re8 port’’ means the report described in subsection 

9 (f)(2). 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Transportation. 

12 SEC. 3014. REPORT ON MARIJUANA RESEARCH. 

13 (a) IN GENERAL.—Not later than 2 years after the 

14 date of enactment of this Act, the Secretary of Transpor15 tation, in consultation with the Attorney General and the 

16 Secretary of Health and Human Services, shall submit to 

17 the Committee on Transportation and Infrastructure of 

18 the House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate, and 

20 make publicly available on the Department of Transpor21 tation website, a report and recommendations on— 

22 (1) increasing and improving access, for sci23 entific researchers studying impairment while driv24 ing under the influence of marijuana, to samples 

25 and strains of marijuana and products containing 


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1 marijuana lawfully being offered to patients or con2 sumers in a State on a retail basis; 

3 (2) establishing a national clearinghouse to col4 lect and distribute samples and strains of marijuana 

5 for scientific research that includes marijuana and 

6 products containing marijuana lawfully available to 

7 patients or consumers in a State on a retail basis; 

8 (3) facilitating access, for scientific researchers 

9 located in States that have not legalized marijuana 

10 for medical or recreational use, to samples and 

11 strains of marijuana and products containing mari12 juana from such clearinghouse for purposes of re13 search on marijuana-impaired driving; and 

14 (4) identifying Federal statutory and regulatory 

15 barriers to the conduct of scientific research and the 

16 establishment of a national clearinghouse for pur17 poses of facilitating research on marijuana-impaired 

18 driving. 

19 (b) DEFINITION OF MARIJUANA.—In this section, the 

20 term ‘‘marijuana’’ has the meaning given such term in 

21 section 4008 of the FAST Act (Public Law 114–94). 

22 SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL 

23 DUI REPORTING. 

24 (a) IN GENERAL.—The Comptroller General of the 

25 United States shall conduct a study on the reporting of 


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1 alcohol-impaired driving arrest and citation results into 

2 Federal databases to facilitate the widespread identifica3 tion of repeat impaired driving offenders. 

4 (b) INCLUSIONS.—The study conducted under sub5 section (a) shall include a detailed assessment of— 

6 (1) the extent to which State and local criminal 

7 justice agencies are reporting alcohol-impaired driv8 ing arrest and citation results into Federal data9 bases; 

10 (2) barriers on the Federal, State, and local lev11 els to the reporting of alcohol-impaired driving ar12 rest and citation results into Federal databases, as 

13 well as barriers to the use of those systems by crimi14 nal justice agencies; 

15 (3) Federal, State, and local resources available 

16 to improve the reporting of alcohol-impaired driving 

17 arrest and citation results into Federal databases; 

18 (4) recommendations for policies and programs 

19 to be carried out by the National Highway Traffic 

20 Safety Administration; and 

21 (5) recommendations for programs and grant 

22 funding to be authorized by Congress. 

23 (c) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Comptroller General of the 

25 United States shall submit to the appropriate committees 


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1 of Congress a report on the results of the study conducted 

2 under subsection (a). 

3 SEC. 3016. REPORT ON IMPAIRED DRIVING. 

4 Not later than 2 years after the date of enactment 

5 of this Act, the Secretary of Transportation, in consulta6 tion with the heads of appropriate Federal agencies, State 

7 highway safety offices, State toxicologists, traffic safety 

8 advocates, and other interested parties, shall submit to the 

9 Committee on Commerce, Science, and Transportation of 

10 the Senate and the Committee on Transportation and In11 frastructure of the House of Representatives a report that, 

12 using the National Safety Council model guidelines for 

13 toxicology testing— 

14 (1) identifies any barriers that States encounter 

15 in submitting the alcohol and drug toxicology results 

16 to the Fatality Analysis Reporting System; 

17 (2) provides recommendations on how to ad18 dress any barriers identified under paragraph (1); 

19 (3) provides further steps that the Secretary, 

20 acting through the Administrator of the National 

21 Highway Traffic Safety Administration, shall take to 

22 assist States in improving— 

23 (A) toxicology testing in cases of motor ve24 hicle crashes; and 


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1 (B) the reporting of alcohol and drug toxi2 cology results in cases of motor vehicle crashes. 

3 SEC. 3017. IMPAIRED DRIVING COUNTERMEASURE. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) a priority should be placed on creating 

7 State systems, programs, and processes that improve 

8 impaired driving detection in cases in which alcohol, 

9 drugs, and especially multiple substances are in10 volved; 

11 (2) States and communities should have access 

12 to a broader range of countermeasures, technologies, 

13 and resources to address multiple substance im14 paired driving; and 

15 (3) increased Federal funding should be made 

16 available for efforts to improve public safety through 

17 the approaches described in paragraphs (1) and (2). 

18 (b) PURPOSE.—The purpose of this section is to in19 crease national investment in, and maximize the use of, 

20 innovative programs and technologies to eliminate multiple 

21 substance impaired driving. 

22 (c) IMPAIRED DRIVING COUNTERMEASURES.—Sec23 tion 405(d) of title 23, United States Code, is amended— 

24 (1) in paragraph (4)— 

25 (A) in subparagraph (B)— 


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1 (i) by striking clause (iii) and insert2 ing the following: 

3 ‘‘(iii)(I) court support of high-visibility 

4 enforcement efforts; 

5 ‘‘(II) hiring criminal justice profes6 sionals, including law enforcement officers, 

7 prosecutors, traffic safety resource pros8 ecutors, judges, judicial outreach liaisons, 

9 and probation officers; 

10 ‘‘(III) training and education of the 

11 criminal justice professionals described in 

12 subclause (II) to assist those professionals 

13 in preventing impaired driving and han14 dling impaired driving cases, including by 

15 providing compensation to a law enforce16 ment officer to replace a law enforcement 

17 officer who is— 

18 ‘‘(aa) receiving such drug rec19 ognition expert training; or 

20 ‘‘(bb) participating as an instruc21 tor in such drug recognition expert 

22 training; and 

23 ‘‘(IV) establishing driving while 

24 intoxicated courts;’’; 


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1 (ii) by striking clauses (v) and (vi) 

2 and inserting the following: 

3 ‘‘(v) improving— 

4 ‘‘(I) blood alcohol concentration 

5 screening and testing; 

6 ‘‘(II) the detection of potentially 

7 impairing drugs, including through 

8 the use of oral fluid as a specimen; 

9 and 

10 ‘‘(III) reporting relating to the 

11 testing and detection described in sub12 clauses (I) and (II); 

13 ‘‘(vi)(I) paid and earned media in sup14 port of high-visibility enforcement efforts; 

15 ‘‘(II) conducting initial and con16 tinuing— 

17 ‘‘(aa) standardized field sobriety 

18 training, advanced roadside impaired 

19 driving enforcement training, and 

20 drug recognition expert training for 

21 law enforcement; and 

22 ‘‘(bb) law enforcement phle23 botomy training; and 


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1 ‘‘(III) to purchase equipment to carry 

2 out impaired driving enforcement activities 

3 authorized by this subsection;’’; 

4 (iii) in clause (ix), by striking ‘‘and’’ 

5 at the end; 

6 (iv) in clause (x), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (v) by adding at the end the following: 

9 ‘‘(xi) testing and implementing pro10 grams and purchasing technologies to bet11 ter identify, monitor, or treat impaired 

12 drivers, including— 

13 ‘‘(I) oral fluid screening tech14 nologies; 

15 ‘‘(II) electronic warrant pro16 grams; 

17 ‘‘(III) equipment to increase the 

18 scope, quantity, quality, and timeli19 ness of forensic toxicology chemical 

20 testing; 

21 ‘‘(IV) case management software 

22 to support the management of im23 paired driving offenders; and 

24 ‘‘(V) technology to monitor im25 paired driving offenders.’’; and 


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1 (B) in subparagraph (C)— 

2 (i) in the second sentence, by striking 

3 ‘‘Medium-range’’ and inserting the fol4 lowing: 

5 ‘‘(ii) MEDIUM-RANGE AND HIGH6 RANGE STATES.—Subject to clause (iii), 

7 medium-range’’; 

8 (ii) in the first sentence, by striking 

9 ‘‘Low-range’’ and inserting the following: 

10 ‘‘(i) LOW-RANGE STATES.—Subject to 

11 clause (iii), low-range’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(iii) ALL STATES.— 

15 ‘‘(I) REPORTING OF IMPAIRED

16 DRIVING CRIMINAL JUSTICE INFORMA17 TION.—A State may use grant funds 

18 for any expenditure designed to in19 crease the timely and accurate report20 ing of crash information, including 

21 electronic crash reporting systems 

22 that allow accurate real-time or near 

23 real-time uploading of crash informa24 tion, and impaired driving criminal 


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1 justice information to Federal, State, 

2 and local databases. 

3 ‘‘(II) IMPAIRED DRIVING COUN4 TERMEASURES.—A State may use 

5 grant funds for any expenditure to re6 search or evaluate impaired driving 

7 countermeasures.’’; and 

8 (2) in paragraph (7)(A), in the matter pre9 ceding clause (i), by inserting ‘‘or local’’ after ‘‘au10 thorizes a State’’. 

11 SEC. 3018. DRUG-IMPAIRED DRIVING EDUCATION GRANT 

12 PROGRAM. 

13 (a) ESTABLISHMENT.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary of Trans15 portation shall establish a program to provide grants on 

16 a competitive basis to States and Indian tribes to educate 

17 the public on the dangers of drug-impaired driving. 

18 (b) APPLICATION FOR GRANT.—To be awarded a 

19 grant under this section, State or Indian tribe shall submit 

20 to the Secretary an application in such form, at such time, 

21 and containing such information as the Secretary may re22 quire. 

23 (c) SUBALLOCATIONS OF FUNDS.—A State or Indian 

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1 cate funds from the grant to a covered entity that will 

2 carry out the requirements of paragraph (a). 

3 (d) BEST AVAILABLE EVIDENCE.—An entity that re4 ceives funds under this section, including a covered entity 

5 using such funds, shall— 

6 (1) use evidence and strategies recommended by 

7 the Congressional Research Service publication titled 

8 ‘‘Marijuana Use and Highway Safety’’, published in 

9 May, 2019; 

10 (2) use evidence and strategies recommended by 

11 the National Highway Traffic Safety Administration 

12 publication titled ‘‘Countermeasures That Work: A 

13 Highway Safety Countermeasure Guide For State 

14 Highway Safety Offices, Ninth Edition, 2017’’, pub15 lished in April, 2018; or 

16 (3) use other evidence-based, peer-reviewed 

17 strategies as determined by the Secretary. 

18 (e) EVALUATION.—Not later than 2 years after the 

19 date on which a State or Indian tribe receives a grant 

20 under the program established under paragraph (a), the 

21 State or Indian tribe shall submit to the Secretary an eval22 uation of progress made toward reducing drug-impaired 

23 driving within the State or Indian tribe. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this Act 


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1 $15,000,000 for each of the first 2 fiscal years beginning 

2 after the date of enactment of this Act. 

3 (g) FEDERAL SHARE.—The Federal share of the 

4 costs of activities funded using amounts from grants 

5 awarded under this section may not exceed 80 percent for 

6 each fiscal year for which a State receives a grant. 

7 (h) DEFINITIONS.—In this section: 

8 (1) COVERED ENTITY.—The term ‘‘covered en9 tity’’ includes the following: 

10 (A) A State government agency. 

11 (B) A local government agency or political 

12 subdivision of a State. 

13 (C) A Tribal organization. 

14 (D) A nonprofit organization. 

15 (E) A State or local prosecution office. 

16 (F) A State or local law enforcement agen17 cy. 

18 (2) DRUG-IMPAIRED DRIVING.—The term 

19 ‘‘drug-impaired driving’’ means driving under the in20 fluence of marijuana, opioids, cocaine, amphet21 amines, fentanyl, or phencyclidine. 

22 (3) MARIJUANA.—The term ‘‘marijuana’’ has 

23 the meaning given such term in section 4008 of the 

24 FAST Act (Public Law 114–94). 


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1 (4) NONPROFIT ORGANIZATION.—The term 

2 ‘‘nonprofit organization’’ means an organization that 

3 is described in section 501(c)(3) of the Internal Rev4 enue Code of 1986 (26 U.S.C. 501(c)(3)) and is ex5 empt from taxation under section 501(a) of such 

6 Code. 

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

8 the Secretary of Transportation. 

9 (6) STATE.—The term ‘‘State’’ means a State 

10 of the United States, the District of Columbia, and 

11 each territory of the United States. 

12 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

13 has the meaning given the term in section 4 of the 

14 Indian Self-Determination and Education Assistance 

15 Act (25 U.S.C. 5304). 

16 (8) TRIBAL ORGANIZATION.—The term ‘‘Tribal 

17 organization’’ has the meaning given the term in 

18 section 4 of the Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 5304). 


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1 TITLE IV—MOTOR CARRIER 

2 SAFETY 

3 Subtitle A—Motor Carrier Safety 

4 Grants, Operations, and Programs 

5 SEC. 4101. MOTOR CARRIER SAFETY GRANTS. 

6 (a) IN GENERAL.—Section 31104 of title 49, United 

7 States Code, is amended— 

8 (1) by striking subsection (a) and inserting the 

9 following: 

10 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol11 lowing sums are authorized to be appropriated from the 

12 Highway Trust Fund (other than the Mass Transit Ac13 count): 

14 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO15 GRAM.—Subject to paragraph (2) and subsection (c), 

16 to carry out section 31102 (except subsection (l))— 

17 ‘‘(A) $388,950,000 for fiscal year 2023; 

18 ‘‘(B) $398,700,000 for fiscal year 2024; 

19 ‘‘(C) $408,900,000 for fiscal year 2025; 

20 and 

21 ‘‘(D) $418,425,000 for fiscal year 2026. 

22 ‘‘(2) HIGH-PRIORITY ACTIVITIES PROGRAM.— 

23 Subject to subsection (c), to carry out section 

24 31102(l)— 

25 ‘‘(A) $72,604,000 for fiscal year 2023; 


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1 ‘‘(B) $74,424,000 for fiscal year 2024; 

2 ‘‘(C) $76,328,000 for fiscal year 2025; and 

3 ‘‘(D) $78,106,000 for fiscal year 2026. 

4 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

5 GRANT PROGRAM.—To carry out section 31103— 

6 ‘‘(A) $1,037,200 for fiscal year 2023; 

7 ‘‘(B) $1,063,200 for fiscal year 2024; 

8 ‘‘(C) $1,090,400 for fiscal year 2025; and 

9 ‘‘(D) $1,115,800 for fiscal year 2026. 

10 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

11 IMPLEMENTATION PROGRAM.—Subject to subsection 

12 (c), to carry out section 31313— 

13 ‘‘(A) $56,008,800 for fiscal year 2023; 

14 ‘‘(B) $57,412,800 for fiscal year 2024; 

15 ‘‘(C) $58,881,600 for fiscal year 2025; and 

16 ‘‘(D) $60,253,200 for fiscal year 2026.’’; 

17 (2) by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) PARTNER TRAINING AND PROGRAM SUPPORT.— 

20 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

21 year, or as soon after that date as practicable, the 

22 Secretary may deduct from amounts made available 

23 under paragraphs (1), (2), and (4) of subsection (a) 

24 for that fiscal year not more than 1.8 percent of 


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1 those amounts for partner training and program 

2 support in that fiscal year. 

3 ‘‘(2) USE OF FUNDS.—The Secretary shall use 

4 at least 50 percent of the amounts deducted under 

5 paragraph (1) on training and related training mate6 rials for non-Federal Government employees. 

7 ‘‘(3) PARTNERSHIP.—The Secretary shall carry 

8 out the training and development of materials pursu9 ant to paragraph (2) in partnership with one or 

10 more nonprofit organizations, through a competitive 

11 grant, that have— 

12 ‘‘(A) expertise in conducting a training 

13 program for non-Federal Government employ14 ees; and 

15 ‘‘(B) a demonstrated ability to involve in a 

16 training program the target population of com17 mercial motor vehicle safety enforcement em18 ployees.’’; 

19 (3) in subsection (f)— 

20 (A) in paragraph (1) by striking ‘‘the next 

21 fiscal year’’ and inserting ‘‘the following 2 fiscal 

22 years’’; 

23 (B) in paragraph (2)— 


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1 (i) by striking ‘‘section 31102(l)(2)’’ 

2 and inserting ‘‘paragraphs (2) and (4) of 

3 section 31102(l)’’; 

4 (ii) by striking ‘‘the next 2 fiscal 

5 years’’ and inserting ‘‘the following 3 fiscal 

6 years’’; and 

7 (C) in paragraph (3) by striking ‘‘the next 

8 4 fiscal years’’ and inserting ‘‘the following 5 

9 fiscal years’’; and 

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

11 ‘‘(j) TREATMENT OF REALLOCATIONS.—Amounts 

12 that are obligated and subsequently, after the date of en13 actment of this subsection, released back to the Secretary 

14 under subsection (i) shall not be subject to limitations on 

15 obligations provided under any other provision of law.’’. 

16 (b) COMMERCIAL DRIVER’S LICENSE PROGRAM IM17 PLEMENTATION FINANCIAL ASSISTANCE PROGRAM.—Sec18 tion 31313(b) of title 49, United States Code, is amend19 ed— 

20 (1) by striking the period at the end and insert21 ing ‘‘; and’’; 

22 (2) by striking ‘‘A recipient’’ and inserting the 

23 following: ‘‘In participating in financial assistance 

24 program under this section— 

25 ‘‘(1) a recipient’’; and 


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

2 ‘‘(2) a State may not receive more than 

3 $250,000 in grants under subsection (a)(2)(B) in 

4 any fiscal year— 

5 ‘‘(A) in which the State prohibits private 

6 commercial driving schools or independent com7 mercial driver’s license testing facilities from of8 fering a commercial driver’s license skills test 

9 as a third-party tester; or 

10 ‘‘(B) in which a State fails to report to the 

11 Administrator of the Federal Motor Carrier 

12 Safety Administration, during the previous fis13 cal year, the average number of days of delays 

14 for an initial commercial driver’s license skills 

15 test or retest within the State.’’. 

16 SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND 

17 PROGRAMS. 

18 (a) IN GENERAL.—Section 31110 of title 49, United 

19 States Code, is amended by striking subsection (a) and 

20 inserting the following: 

21 ‘‘(a) ADMINISTRATIVE EXPENSES.—There is author22 ized to be appropriated from the Highway Trust Fund 

23 (other than the Mass Transit Account) for the Secretary 

24 of Transportation to pay administrative expenses of the 

25 Federal Motor Carrier Safety Administration— 


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1 ‘‘(1) $380,500,000 for fiscal year 2023; 

2 ‘‘(2) $381,500,000 for fiscal year 2024; 

3 ‘‘(3) $382,500,000 for fiscal year 2025; and 

4 ‘‘(4) $384,500,000 for fiscal year 2026.’’. 

5 (b) ADMINISTRATIVE EXPENSES.— 

6 (1) USE OF FUNDS.—The Administrator of the 

7 Federal Motor Carrier Safety Administration shall 

8 use funds made available in subsection (a) for— 

9 (A) acceleration of planned investments to 

10 modernize the Administration’s information 

11 technology and information management sys12 tems; 

13 (B) completing outstanding mandates; 

14 (C) carrying out a Large Truck Crash 

15 Causal Factors Study of the Administration; 

16 (D) construction and maintenance of bor17 der facilities; and 

18 (E) other activities authorized under sec19 tion 31110(b) of title 49, United States Code. 

20 (2) DEFINITION OF OUTSTANDING MANDATE.— 

21 In this subsection, the term ‘‘outstanding mandate’’ 

22 means a requirement for the Federal Motor Carrier 

23 Safety Administration to issue regulations, under24 take a comprehensive review or study, conduct a 

25 safety assessment, or collect data— 


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1 (A) under this Act; 

2 (B) under MAP–21 (Public Law 112– 

3 141), that has not been published in the Fed4 eral Register, if required, or otherwise com5 pleted as of the date of enactment of this Act; 

6 (C) under the FAST Act (Public Law 

7 114–94), that has not been published in the 

8 Federal Register, if required, or otherwise com9 pleted as of the date of enactment of this Act; 

10 and 

11 (D) under any other Act enacted before 

12 the date of enactment of this Act that has not 

13 been published in the Federal Register by the 

14 date required in such Act. 

15 SEC. 4103. IMMOBILIZATION GRANT PROGRAM. 

16 Section 31102(l) of title 49, United States Code, is 

17 amended— 

18 (1) in paragraph (1) by striking ‘‘and (3)’’ and 

19 inserting ‘‘, (3), and (4)’’; 

20 (2) in paragraph (2)(F)(ii)(II) by inserting ‘‘, 

21 specifically including the priority activities described 

22 in paragraph (4)’’ after ‘‘required for participation’’; 

23 and 

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


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1 ‘‘(4) PRIORITIZATION OF IMMOBILIZING UN2 SAFE PASSENGER-CARRYING COMMERCIAL MOTOR

3 VEHICLES.— 

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

5 prioritize the awarding of discretionary grants 

6 to States for activities related to paragraph 

7 (2)(F)(II) for the enforcement of out of service 

8 orders if such vehicles are found to be unsafe 

9 or have violated a Federal out of service order. 

10 ‘‘(B) ELIGIBILITY.—To be eligible for a 

11 grant described under this paragraph, a State 

12 shall have the authority to require the immo13 bilization or impoundment of a passenger-car14 rying commercial motor vehicle if such vehicle is 

15 found to be unsafe or fail inspection or to have 

16 violated a Federal out of service order. 

17 ‘‘(C) USE OF FUNDS.—Grant funds re18 ceived under this paragraph may be used for— 

19 ‘‘(i) the immobilization or impound20 ment of commercial motor vehicles that are 

21 unsafe, fail inspection, or have violated a 

22 Federal out of service order; 

23 ‘‘(ii) safety inspections of vehicles de24 scribed in clause (i); 


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1 ‘‘(iii) other activities related to the ac2 tivities described in clauses (i) and (ii), as 

3 determined by the Secretary. 

4 ‘‘(D) PASSENGER-CARRYING COMMERCIAL

5 MOTOR VEHICLE DEFINED.—In this paragraph, 

6 the term ‘passenger-carrying commercial motor 

7 vehicle’ has the meaning given such term in sec8 tion 31301.’’. 

9 SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES 

10 STUDY. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary of Transpor13 tation shall initiate a review of the prevalence of, charac14 teristics of, and safe operation of commercial vehicles that 

15 have a gross vehicle weight rating or gross vehicle weight 

16 below 10,000 pounds, and are utilized in package delivery 

17 of goods moving in interstate commerce. 

18 (b) INDEPENDENT RESEARCH.—If the Secretary de19 cides to enter into a contract with a third party to perform 

20 the research required under subsection (a), the Secretary 

21 shall— 

22 (1) solicit applications from research institu23 tions that conduct objective, fact-based research to 

24 conduct the study; and 


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1 (2) ensure that such third party does not have 

2 any financial or contractual ties with an entity en3 gaged in interstate commerce utilizing commercial 

4 vehicles or commercial motor vehicles. 

5 (c) ENTITIES INCLUDED.—As part of the review, the 

6 Secretary shall collect information from a cross-section of 

7 companies that use fleets of such vehicles for package de8 livery in interstate commerce, including companies that— 

9 (1) directly perform deliveries; 

10 (2) use contracted entities to perform work; and 

11 (3) utilize a combination of direct deliveries and 

12 contract entities. 

13 (d) EVALUATION FACTORS.—The review shall include 

14 an evaluation of the following: 

15 (1) Fleet characteristics, including fleet struc16 ture, and vehicle miles traveled. 

17 (2) Fleet management, including scheduling of 

18 deliveries and maintenance practices. 

19 (3) Driver employment characteristics, includ20 ing the basis of compensation and classification. 

21 (4) How training, medical fitness, hours on 

22 duty, and safety of drivers is evaluated and overseen 

23 by companies, including prevention of occupational 

24 injuries and illnesses. 


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1 (5) Safety performance metrics, based on data 

2 associated with the included entities, including crash 

3 rates, moving violations, failed inspections, and other 

4 related data points. 

5 (6) Financial responsibility and liability for 

6 safety or maintenance violations among companies, 

7 fleet managers, and drivers. 

8 (7) Loading and unloading practices, and how 

9 package volume and placement in the vehicle is de10 termined. 

11 (8) Information on the use of driver safety ap12 plications, if applicable. 

13 (9) Information on work-related injury and ill14 ness data of drivers. 

15 (10) Other relevant information determined 

16 necessary by the Secretary in order to make rec17 ommendations under subsection (e). 

18 (e) REPORT AND RECOMMENDATIONS.—Upon com19 pletion of the review, the Secretary shall submit to the 

20 Committee on Transportation and Infrastructure of the 

21 House of Representatives and the Committee on Com22 merce of the Senate a report containing— 

23 (1) the findings of the Secretary on each of the 

24 factors in (d); 


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1 (2) a list of regulations applicable to commer2 cial motor vehicles and commercial motor vehicle op3 erators that are not applicable to commercial vehicle 

4 operations described in this section; and 

5 (3) recommendations, based on the findings, on 

6 changes to laws or regulations at the Federal, State, 

7 or local level to promote safe operations and safe 

8 and fair working conditions for commercial vehicle 

9 operators. 

10 SEC. 4105. MOTOR CARRIER SAFETY GRANTS MAINTE11 NANCE OF EFFORT. 

12 Section 31102(f)(2) of title 49, United States Code, 

13 is amended— 

14 (1) by striking ‘‘after fiscal year 2017’’; and 

15 (2) by striking ‘‘baseline after the year in which 

16 the Secretary implements a new allocation formula 

17 under section 5106 of the FAST Act, and’’ and in18 serting a period. 

19 Subtitle B—Motor Carrier Safety 

20 Oversight 

21 SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COM22 MITTEE. 

23 Section 4144 of SAFETEA–LU (49 U.S.C. 31100 

24 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 SEC. 4208. REVIEW OF LABOR LAWS. 

15 (a) REGISTRATION.—Section 13902(a)(1)(A) of title 

16 49, United States Code, is amended— 

17 (1) in clause (v) by striking ‘‘and’’ at the end; 

18 (2) in clause (vi) by striking the semicolon and 

19 inserting ‘‘; and’’; and 

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

21 ‘‘(vii) applicable labor and employ22 ment laws and regulations, including wage 

23 and hour and workplace safety laws and 

24 regulations, relevant to the safe operation 

25 of a motor carrier;’’. 


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1 (b) AGENCY REVIEW.—Not later than 6 months after 

2 the date of enactment of this Act, the Secretary of Trans3 portation and the Secretary of Labor shall initiate a proc4 ess to— 

5 (1) review the relationship between labor and 

6 employment laws and regulations and motor carrier 

7 safety laws and regulations, including hours of serv8 ice rules; 

9 (2) evaluate labor and employment laws and 

10 regulations likely to be relevant to the safe operation 

11 of a motor carrier; 

12 (3) assess the availability of datasets, gaps in 

13 available data, and opportunities to gather and share 

14 useful data to better understand the relationship be15 tween labor and employment laws and regulations 

16 and the safety performance of a motor carrier; and 

17 (4) assess the feasibility of utilizing available 

18 data, including data on violations of labor and em19 ployment laws and regulations, to improve the Sec20 retary’s safety oversight of a motor carrier. 

21 (c) REPORT.—No later than 18 months after initi22 ation of the process under subsection (b), the Secretary 

23 of Transportation and Secretary of Labor shall submit to 

24 Congress a report containing— 


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1 (1) the findings of the process undertaken 

2 under subsection (b); 

3 (2) any proposed actions to be taken by either 

4 the Secretary of Transportation or the Secretary of 

5 Labor as a result of such findings; and 

6 (3) any recommendations to Congress to imple7 ment such proposed actions. 

8 (d) UPDATES.—Following completion of the agency 

9 review under subsection (b), the Secretary of Transpor10 tation may initiate a rulemaking addressing the periodic 

11 monitoring of information to ensure compliance with sec12 tion 13902(a)(1)(A)(vii) of title 49, United States Code, 

13 including any required documentation that a motor carrier 

14 is required to submit. 

15 Subtitle C—Commercial Motor 

16 Vehicle Driver Safety 

17 SEC. 4301. COMMERCIAL DRIVER’S LICENSE FOR PAS18 SENGER CARRIERS. 

19 Section 31301 of title 49, United States Code, is 

20 amended— 

21 (1) in paragraph (4)— 

22 (A) in subparagraph (B) by striking ‘‘or’’; 

23 (B) by redesignating subparagraph (C) as 

24 subparagraph (D); and 


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1 (C) by inserting after subparagraph (B) 

2 the following: 

3 ‘‘(C) is designed or used as a stretch lim4 ousine; or’’; 

5 (2) by redesignating paragraph (15) as para6 graph (16); and 

7 (3) by inserting after paragraph (14) the fol8 lowing: 

9 ‘‘(15) ‘stretch limousine’ means any sedan or 

10 sports utility vehicle that— 

11 ‘‘(A) has been modified to add seating ca12 pacity to that provided by the vehicle manufac13 turer through an extended chassis, lengthened 

14 wheelbase, or an elongated seating area; 

15 ‘‘(B) as modified, has a seating capacity of 

16 more than 8 passengers (including the driver); 

17 ‘‘(C) is used under trip-by-trip contracts 

18 for the transportation of passengers for com19 pensation on a prearranged basis; and 

20 ‘‘(D) is not used for public transportation 

21 service, as such term is defined in section 

22 5302.’’. 


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1 SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TEST2 ING. 

3 Section 31306(c)(2) of title 49, United States Code, 

4 is amended by striking ‘‘, for urine testing,’’. 

5 SEC. 4303. ENTRY-LEVEL DRIVER TRAINING. 

6 Not later than 30 days after the date of enactment 

7 of this Act, and every 90 days thereafter until the compli8 ance date for the final rule published on December 8, 

9 2016, titled ‘‘Minimum Training Requirements for Entry10 Level Commercial Motor Vehicle Operators’’ (81 Fed. 

11 Reg. 88732), the Secretary shall submit to the Committee 

12 on Transportation and Infrastructure of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate a report on— 

15 (1) a schedule, including benchmarks, to com16 plete implementation of the requirements under such 

17 final rule; 

18 (2) any anticipated delays, if applicable, in 

19 meeting the benchmarks described in paragraph (1); 

20 (3) the progress that the Secretary has made in 

21 updating the Department of Transportation’s infor22 mation technology infrastructure to support the 

23 training provider registry; 

24 (4) a list of States that have adopted laws or 

25 regulations to implement such final rule; and 


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1 (5) a list of States, if applicable, that are imple2 menting the rule and confirming that an applicant 

3 for a commercial driver’s license has complied with 

4 the requirements. 

5 SEC. 4304. DRIVER DETENTION TIME. 

6 (a) DATA COLLECTION.—Not later than 30 days 

7 after the date of enactment of this Act, the Secretary 

8 shall— 

9 (1) begin to collect data on delays experienced 

10 by operators of commercial motor vehicles, as re11 quired under section 5501 of the FAST Act (49 

12 U.S.C. 14103 note) and as referenced in the request 

13 for information published on June 10, 2019, titled 

14 ‘‘Request for Information Concerning Commercial 

15 Motor Vehicle Driver Detention Times During Load16 ing and Unloading’’ (84 Fed. Reg. 26932); and 

17 (2) make such data available on a publicly ac18 cessible website of the Department of Transpor19 tation. 

20 (b) DETENTION TIME LIMITS.— 

21 (1) RULEMAKING.—Not later than 1 year after 

22 the date of enactment of this Act, the Secretary 

23 shall initiate a rulemaking to establish limits on the 

24 amount of time that an operator of a commercial 

25 motor vehicle may be reasonably detained by a shipVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 per or receiver before the loading or unloading of the 

2 vehicle, if the operator is not compensated for such 

3 time detained. 

4 (2) CONTENTS.—As part of the rulemaking 

5 conducted pursuant to subsection (a), the Secretary 

6 shall— 

7 (A) consider the diverse nature of oper8 ations in the movement of goods by commercial 

9 motor vehicle; 

10 (B) examine any correlation between time 

11 detained and violations of the hours-of-service 

12 rules under part 395 of title 49, Code of Fed13 eral Regulations; 

14 (C) determine whether the effect of deten15 tion time on safety differs based on— 

16 (i) how an operator is compensated; 

17 and 

18 (ii) the contractual relationship be19 tween the operator and the motor carrier, 

20 including whether an operator is an em21 ployee, a leased owner-operator, or an 

22 owner-operator with independent authority; 

23 and 

24 (D) establish a process for a motor carrier, 

25 shipper, receiver, broker, or commercial motor 


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1 vehicle operator to report instances of time de2 tained beyond the Secretary’s established limits. 

3 (3) INCORPORATION OF INFORMATION.—The 

4 Secretary shall incorporate information received 

5 under paragraph (2)(D) into the process established 

6 pursuant to subsection (a) once a final rule takes ef7 fect. 

8 (c) DATA PROTECTION.—Data made available pursu9 ant to this section shall be made available in a manner 

10 that— 

11 (1) precludes the connection of the data to any 

12 individual motor carrier or commercial motor vehicle 

13 operator; and 

14 (2) protects privacy and confidentiality of indi15 viduals, operators, and motor carriers submitting the 

16 data. 

17 (d) COMMERCIAL MOTOR VEHICLE DEFINED.—In 

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

19 meaning given such term in section 31101 of title 49, 

20 United States Code. 

21 SEC. 4305. TRUCK LEASING TASK FORCE. 

22 (a) ESTABLISHMENT.—Not later than 6 months after 

23 the date of enactment of this Act, the Secretary of Trans24 portation, in consultation with the Secretary of Labor, 


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1 shall establish a Truck Leasing Task Force (hereinafter 

2 referred to as the ‘‘Task Force’’). 

3 (b) MEMBERSHIP.—The Secretary of Transportation 

4 shall select not more than 15 individuals to serve as mem5 bers of the Task Force, including equal representation 

6 from each of the following: 

7 (1) Labor organizations. 

8 (2) The motor carrier industry, including inde9 pendent owner-operators. 

10 (3) Consumer protection groups. 

11 (4) Safety groups. 

12 (5) Members of the legal profession who spe13 cialize in consumer finance issues. 

14 (c) DUTIES.—The Task Force shall examine, at a 

15 minimum— 

16 (1) common truck leasing arrangements avail17 able to property-carrying commercial motor vehicle 

18 drivers, including lease-purchase agreements; 

19 (2) the terms of such leasing agreements; 

20 (3) the prevalence of predatory leasing agree21 ments in the motor carrier industry; 

22 (4) specific agreements available to drayage 

23 drivers at ports related to the Clean Truck Program 

24 or similar programs to decrease emissions from port 

25 operations; 


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1 (5) the impact of truck leasing agreements on 

2 the net compensation of property-carrying commer3 cial motor vehicle drivers, including port drayage 

4 drivers; 

5 (6) resources to assist property-carrying com6 mercial motor vehicle drivers in assessing the im7 pacts of leasing agreements; and 

8 (7) the classification of property-carrying com9 mercial motor vehicle drivers under lease-purchase 

10 agreements. 

11 (d) COMPENSATION.—A member of the Task Force 

12 shall serve without compensation. 

13 (e) REPORT.—Upon completion of the examination 

14 described in subsection (c), the Task Force shall submit 

15 to the Secretary of Transportation, Secretary of Labor, 

16 and appropriate congressional committees a report con17 taining— 

18 (1) the findings of the Task Force on the mat19 ters described in subsection (c); 

20 (2) best practices related to— 

21 (A) assisting a commercial motor vehicle 

22 driver in assessing the impacts of leasing agree23 ments prior to entering into such agreements; 

24 and 


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1 (B) assisting a commercial motor vehicle 

2 driver who has entered into a predatory lease 

3 agreement; and 

4 (3) recommendations on changes to laws or reg5 ulations, as applicable, at the Federal, State, or local 

6 level to promote fair leasing agreements under which 

7 a commercial motor vehicle driver is able to earn a 

8 living wage. 

9 (f) TERMINATION.—Not later than 1 month after the 

10 date of submission of the report pursuant to subsection 

11 (e), the Task Force shall terminate. 

12 SEC. 4306. HOURS OF SERVICE. 

13 (a) COMPREHENSIVE REVIEW.— 

14 (1) COMPREHENSIVE REVIEW OF HOURS OF

15 SERVICE RULES.—Not later than 60 days after the 

16 date of enactment of this Act, the Secretary shall 

17 initiate a comprehensive review of hours of service 

18 rules and the impacts of waivers, exemptions, and 

19 other allowances that limit the applicability of such 

20 rules. 

21 (2) CHANGES TO REGULATIONS.—In carrying 

22 out the comprehensive review under paragraph (1) 

23 and the required analyses under paragraphs (3) and 

24 (4), the Secretary shall consider the modifications 

25 made in the final rule published on June 1, 2020, 


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1 titled ‘‘Hours of Service of Drivers’’ (85 Fed. Reg. 

2 33396) and evaluate the impacts of the allowance to 

3 operate in excess of the limits in effect prior to June 

4 1, 2020. 

5 (3) LIST OF EXEMPTIONS.—In carrying out the 

6 comprehensive review required under paragraph (1), 

7 the Secretary shall— 

8 (A) compile a list of waivers, exemptions, 

9 and other allowances— 

10 (i) under which a driver may operate 

11 in excess of the otherwise applicable limits 

12 on on-duty or driving time in absence of 

13 such exemption, waiver, or other allowance; 

14 (ii) under which a driver may operate 

15 without recording compliance with hours of 

16 service rules through the use of an elec17 tronic logging device; and 

18 (iii) applicable— 

19 (I) to specific segments of the 

20 motor carrier industry or sectors of 

21 the economy; 

22 (II) on a periodic or seasonal 

23 basis; and 

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1 emption under part 395 of title 49, 

2 Code of Federal Regulations; 

3 (B) specify whether each such waiver, ex4 emption, or other allowance was granted by the 

5 Department of Transportation or enacted by 

6 Congress, and how long such waiver, exemption, 

7 or other allowance has been in effect; and 

8 (C) estimate the number of motor carriers, 

9 motor private carriers, and drivers that may 

10 qualify to use each waiver, exemption, or other 

11 allowance. 

12 (4) SAFETY IMPACT ANALYSIS.— 

13 (A) IN GENERAL.—In carrying out the 

14 comprehensive review under paragraph (1), the 

15 Secretary, in consultation with State motor car16 rier enforcement entities, shall undertake a sta17 tistically valid analysis to determine the safety 

18 impact, including on enforcement, of the exemp19 tions, waivers, or other allowances compiled 

20 under paragraph (2) by— 

21 (i) using available data, or collecting 

22 from motor carriers or motor private car23 riers and drivers operating under an ex24 emption, waiver, or other allowance if the 

25 Secretary does not have sufficient data, to 


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1 determine the incidence of accidents, fa2 tigue-related incidents, and other relevant 

3 safety information related to hours of serv4 ice among motor carriers, private motor 

5 carriers, and drivers permitted to operate 

6 under each exemption, waiver, or other al7 lowance; 

8 (ii) comparing the data described in 

9 subparagraph (A) to safety data from 

10 motor carriers, motor private carriers, and 

11 drivers that are subject to the hours of 

12 service rules and not operating under an 

13 exemption, waiver, or other allowance; and 

14 (iii) based on the comparison under 

15 subparagraph (B), determining whether 

16 waivers, exemptions, and other allowances 

17 in effect provide an equivalent level of safe18 ty as would exist in the absence of exemp19 tions, waivers, or other allowances. 

20 (B) CONSULTATION.—The Secretary shall 

21 consult with State motor carrier enforcement 

22 entities in carrying out this paragraph. 

23 (C) EXCLUSIONS.—The Secretary shall ex24 clude data related to exemptions, waivers, or 

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1 gency declaration under section 390.23 of title 

2 49, Code of Federal Regulations, or extended 

3 under section 390.25 of title 49, Code of Fed4 eral Regulations, from the analysis required 

5 under this paragraph. 

6 (5) DRIVER IMPACT ANALYSIS.—In carrying out 

7 the comprehensive review under paragraph (1), the 

8 Secretary shall further consider— 

9 (A) data on driver detention collected by 

10 the Secretary pursuant to section 4304 of this 

11 Act and other conditions affecting the move12 ment of goods by commercial motor vehicle, and 

13 how such conditions interact with the Sec14 retary’s regulations on hours of service; 

15 (B) whether exemptions, waivers, or other 

16 allowances that permit additional on-duty time 

17 or driving time have a deleterious effect on the 

18 physical condition of drivers; and 

19 (C) whether differences in the manner in 

20 which drivers are compensated result in dif21 ferent levels of burden for drivers in complying 

22 with hours of service rules. 

23 (b) PEER REVIEW.—Prior to the publication of the 

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1 formed by the Secretary shall undergo an independent 

2 peer review. 

3 (c) PUBLICATION.—Not later than 18 months after 

4 the date that the Secretary initiates the comprehensive re5 view under subsection (b)(1), the Secretary shall publish 

6 the findings of such review in the Federal Register and 

7 provide for a period for public comment. 

8 (d) REPORT TO CONGRESS.—Not later than 30 days 

9 after the conclusion of the public comment period under 

10 subsection (d), the Secretary shall submit to the Com11 mittee on Commerce, Science, and Transportation and the 

12 Committee on Environment and Public Works of the Sen13 ate and the Committee on Transportation and Infrastruc14 ture of the House of Representatives and make publicly 

15 available on a website of the Department of Transpor16 tation a report containing the information and analyses 

17 required under subsection (b). 

18 (e) REPLACEMENT OF GUIDANCE.—Not later than 1 

19 year after the date of enactment of this Act, the Secretary 

20 shall initiate a rulemaking to update the Department of 

21 Transportation guidance published on June 7, 2018, titled 

22 ‘‘Hours of Service of Drivers of Commercial Motor Vehi23 cles: Regulatory Guidance Concerning the Use of a Com24 mercial Motor Vehicle for Personal Conveyance’’ (83 Fed. 


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1 Reg. 26377) to prescribe specific mileage or time limits, 

2 or both, for the use of personal conveyance. 

3 (f) DEFINITIONS.—In this section: 

4 (1) MOTOR CARRIER; MOTOR PRIVATE CAR5 RIER.—The terms ‘‘motor carrier’’ and ‘‘motor pri6 vate carrier’’ have the meanings given such terms in 

7 section 31501 of title 49, United States Code. 

8 (2) ON-DUTY TIME; DRIVING TIME; ELEC9 TRONIC LOGGING DEVICE.—The terms ‘‘on-duty 

10 time’’, ‘‘driving time’’, and ‘‘electronic logging de11 vice’’ have the meanings given such terms in section 

12 395.2 of title 49, Code of Federal Regulations (as 

13 in effect on June 1, 2020). 

14 SEC. 4307. DRIVER RECRUITMENT. 

15 (a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of this Act, the inspector general of the 

17 Department of Transportation shall submit to the Com18 mittee on Transportation and Infrastructure of the House 

19 of Representatives and the Committee on Commerce, 

20 Science, and Transportation of the Senate a report exam21 ining the operation of commercial motor vehicles in the 

22 United States by drivers admitted to the United States 

23 under temporary business visas. 

24 (b) CONTENTS.—The report under paragraph (1) 

25 shall include— 


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1 (1) an assessment of— 

2 (A) the prevalence of the operation of com3 mercial motor vehicles in the United States by 

4 drivers admitted to the United States under 

5 temporary business visas; 

6 (B) the characteristics of motor carriers 

7 that recruit and use such drivers, including the 

8 country of domicile of the motor carrier or sub9 sidiary; 

10 (C) the demographics of drivers operating 

11 in the United States under such visas, including 

12 the country of domicile of such drivers; and 

13 (D) the contractual relationship between 

14 such motor carriers and such drivers; 

15 (2) an analysis of whether such drivers are re16 quired to comply with— 

17 (A) motor carrier safety regulations under 

18 subchapter B of chapter III of title 49, Code of 

19 Federal Regulations, including— 

20 (i) the English proficiency require21 ment under section 391.11(2) of title 49, 

22 Code of Federal Regulations; 

23 (ii) the requirement for drivers of a 

24 motor carrier to report any violations of a 

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1 tion 391.27 of title 49, Code of Federal 

2 Regulations; and 

3 (iii) driver’s licensing requirements 

4 under part 383 of title 49, Code of Federal 

5 Regulations, including entry-level driver 

6 training and drug and alcohol testing 

7 under part 382 of such title; and 

8 (B) regulations prohibiting point-to-point 

9 transportation in the United States, or cabo10 tage, under part 365 of title 49, Code of Fed11 eral Regulations; 

12 (3) an evaluation of the safety record of the op13 erations and drivers described in paragraph (1), in14 cluding— 

15 (A) violations of the motor carrier safety 

16 regulations under subchapter B of chapter III 

17 of title 49, Code of Federal Regulations, includ18 ing applicable requirements described in para19 graph (2)(A); and 

20 (B) the number of crashes involving such 

21 operations and drivers; and 

22 (4) the impact of such operations and drivers 

23 on— 

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1 ment levels and driver compensation of such 

2 drivers; and 

3 (B) the competitiveness of motor carriers 

4 domiciled in the United States. 

5 (c) DEFINITIONS.—In this section: 

6 (1) COMMERCIAL MOTOR VEHICLE.—In this 

7 section, the term ‘‘commercial motor vehicle’’ has 

8 the meaning given such term in section 31101 of 

9 title 49, United States Code. 

10 (2) TEMPORARY BUSINESS VISA.—The term 

11 ‘‘temporary business visa’’ means any driver who is 

12 present in the United States with status under sec13 tion 101(a)(15)(H)(i)(b) of the Immigration and 

14 Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)). 

15 SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall— 

19 (1) assess the risk posed by untreated obstruc20 tive sleep apnea in drivers of commercial motor vehi21 cles and the feasibility, benefits, and costs associated 

22 with establishing screening criteria for obstructive 

23 sleep apnea in drivers of commercial motor vehicles; 

24 (2) issue a notice in the Federal Register con25 taining the independently peer-reviewed findings of 


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1 the assessment required under paragraph (1) not 

2 later than 30 days after completion of the assess3 ment and provide an opportunity for public com4 ment; and 

5 (3) if the Secretary contracts with an inde6 pendent third party to conduct the assessment re7 quired under paragraph (1), ensure that the inde8 pendent third party shall not have any financial or 

9 contractual ties or relationship with a motor carrier 

10 that transports passengers or property for com11 pensation, the motor carrier industry, or driver ad12 vocacy organizations. 

13 (b) SCREENING CRITERIA.— 

14 (1) IN GENERAL.—Not later than 12 months 

15 after the date of enactment of this Act, the Sec16 retary shall publish in the Federal Register a pro17 posed rule to establish screening criteria for obstruc18 tive sleep apnea in commercial motor vehicle drivers 

19 and provide an opportunity for public comment. 

20 (2) FINAL RULE.—Not later than 2 years after 

21 the date of enactment of this Act, the Secretary 

22 shall issue a final rule to establish screening criteria 

23 for obstructive sleep apnea in commercial motor ve24 hicle drivers. 


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1 (c) COMMERCIAL MOTOR VEHICLE DEFINED.—In 

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

3 meaning given such term in section 31132 of title 49, 

4 United States Code. 

5 SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Promoting Women in Trucking Workforce Act’’. 

8 (b) FINDINGS.—Congress finds that— 

9 (1) women make up 47 percent of the work10 force of the United States; 

11 (2) women are significantly underrepresented in 

12 the trucking industry, holding only 24 percent of all 

13 transportation and warehousing jobs and rep14 resenting only— 

15 (A) 6.6 percent of truck drivers; 

16 (B) 12.5 percent of all workers in truck 

17 transportation; and 

18 (C) 8 percent of freight firm owners; 

19 (3) given the total number of women truck driv20 ers, women are underrepresented in the truck-driv21 ing workforce; and 

22 (4) women truck drivers have been shown to be 

23 20 percent less likely than male counterparts to be 

24 involved in a crash. 


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1 (c) SENSE OF CONGRESS REGARDING WOMEN IN

2 TRUCKING.—It is the sense of Congress that the trucking 

3 industry should explore every opportunity, including driver 

4 training and mentorship programs, to encourage and sup5 port the pursuit of careers in trucking by women. 

6 (d) ESTABLISHMENT.—To encourage women to enter 

7 the field of trucking, the Administrator shall establish and 

8 facilitate an advisory board, to be known as the ‘‘Women 

9 of Trucking Advisory Board’’, to promote organizations 

10 and programs that— 

11 (1) provide education, training, mentorship, or 

12 outreach to women in the trucking industry; and 

13 (2) recruit women into the trucking industry. 

14 (e) MEMBERSHIP.— 

15 (1) IN GENERAL.—The Board shall be com16 posed of not fewer than seven members whose back17 grounds allow those members to contribute balanced 

18 points of view and diverse ideas regarding the strate19 gies and objectives described in subsection (f)(2). 

20 (2) APPOINTMENT.—Not later than 270 days 

21 after the date of enactment of this Act, the Adminis22 trator shall appoint the members of the Board, of 

23 whom— 

24 (A) not fewer than one shall be a rep25 resentative of large trucking companies; 


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1 (B) not fewer than one shall be a rep2 resentative of mid-sized trucking companies; 

3 (C) not fewer than one shall be a rep4 resentative of small trucking companies; 

5 (D) not fewer than one shall be a rep6 resentative of nonprofit organizations in the 

7 trucking industry; 

8 (E) not fewer than one shall be a rep9 resentative of trucking business associations; 

10 (F) not fewer than one shall be a rep11 resentative of independent owner-operators; and 

12 (G) not fewer than one shall be a woman 

13 who is a professional truck driver. 

14 (3) TERMS.—Each member shall be appointed 

15 for the life of the Board. 

16 (4) COMPENSATION.—A member of the Board 

17 shall serve without compensation. 

18 (f) DUTIES.— 

19 (1) IN GENERAL.—The Board shall identify— 

20 (A) industry trends that directly or indi21 rectly discourage women from pursuing careers 

22 in trucking, including— 

23 (i) any differences between women mi24 nority groups; 


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1 (ii) any differences between women 

2 who live in rural, suburban, and urban 

3 areas; and 

4 (iii) any safety risks unique to the 

5 trucking industry; 

6 (B) ways in which the functions of truck7 ing companies, nonprofit organizations, and 

8 trucking associations may be coordinated to fa9 cilitate support for women pursuing careers in 

10 trucking; 

11 (C) opportunities to expand existing oppor12 tunities for women in the trucking industry; 

13 and 

14 (D) opportunities to enhance trucking 

15 training, mentorship, education, and outreach 

16 programs that are exclusive to women. 

17 (2) REPORT.—Not later than 18 months after 

18 the date of enactment of this Act, the Board shall 

19 submit to the Administrator a report describing 

20 strategies that the Administrator may adopt— 

21 (A) to address any industry trends identi22 fied under paragraph (1)(A); 

23 (B) to coordinate the functions of trucking 

24 companies, nonprofit organizations, and truck25 ing associations in a manner that facilitates 


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1 support for women pursuing careers in truck2 ing; 

3 (C) to— 

4 (i) take advantage of any opportuni5 ties identified under paragraph (1)(C); and 

6 (ii) create new opportunities to ex7 pand existing scholarship opportunities for 

8 women in the trucking industry; and 

9 (D) to enhance trucking training, 

10 mentorship, education, and outreach programs 

11 that are exclusive to women. 

12 (g) REPORT TO CONGRESS.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of this Act, the Administrator 

15 shall submit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and the 

17 Committee on Transportation and Infrastructure of 

18 the House of Representatives a report describing— 

19 (A) any strategies recommended by the 

20 Board under subsection (f)(2); and 

21 (B) any actions taken by the Adminis22 trator to adopt the strategies recommended by 

23 the Board (or an explanation of the reasons for 

24 not adopting the strategies). 


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1 (2) PUBLIC AVAILABILITY.—The Administrator 

2 shall make the report under paragraph (1) publicly 

3 available— 

4 (A) on the website of the Federal Motor 

5 Carrier Safety Administration; and 

6 (B) in appropriate offices of the Federal 

7 Motor Carrier Safety Administration. 

8 (h) TERMINATION.—The Board shall terminate on 

9 submission of the report to Congress under subsection (g). 

10 (i) DEFINITIONS.—In this section: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Federal 

13 Motor Carrier Safety Administration. 

14 (2) BOARD.—The term ‘‘Board’’ means the 

15 Women of Trucking Advisory Board established 

16 under subsection (d). 

17 (3) LARGE TRUCKING COMPANY.—The term 

18 ‘‘large trucking company’’ means a motor carrier (as 

19 defined in section 13102 of title 49, United States 

20 Code) with an annual revenue greater than 

21 $1,000,000,000. 

22 (4) MID-SIZED TRUCKING COMPANY.—The term 

23 ‘‘mid-sized trucking company’’ means a motor car24 rier (as defined in section 13102 of title 49, United 

25 States Code) with an annual revenue of not less 


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1 than $35,000,000 and not greater than 

2 $1,000,000,000. 

3 (5) SMALL TRUCKING COMPANY.—The term 

4 ‘‘small trucking company’’ means a motor carrier 

5 (as defined in section 13102 of title 49, United 

6 States Code) with an annual revenue less than 

7 $35,000,000. 

8 SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE 

9 SAFETY. 

10 (a) DEFINITION.—Section 31301(14) of title 49, 

11 United States Code, is amended— 

12 (1) by striking ‘‘and’’ and inserting a comma; 

13 and 

14 (2) by inserting ‘‘, and Puerto Rico’’ before the 

15 period. 

16 (b) IMPLEMENTATION.—The Administrator of the 

17 Federal Motor Carrier Safety Administration shall work 

18 with the Commonwealth of Puerto Rico on obtaining full 

19 compliance with chapter 313 of title 49, United States 

20 Code, and regulations adopted under that chapter. 

21 (c) GRACE PERIOD.—Notwithstanding section 

22 31311(a) of title 49, United States Code, during a 5-year 

23 period beginning on the date of enactment of this Act, the 

24 Commonwealth of Puerto Rico shall not be subject to a 

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1 graphs (1) and (2) of section 104(b) of title 23, United 

2 States Code, for failure to comply with any requirement 

3 under section 31311(a) of title 49, United States Code. 

4 SEC. 4311. USE OF DATA. 

5 Section 31137(e) of title 49, United States Code, is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘only’’; and 

9 (B) by striking ‘‘, including record-of-duty 

10 status regulations’’ and inserting ‘‘and to con11 duct transportation research utilizing such 

12 data’’; 

13 (2) in paragraph (2) by striking ‘‘to enforce the 

14 regulations referred to in’’ and inserting ‘‘for pur15 poses authorized under’’; and 

16 (3) by amending paragraph (3) to read as fol17 lows: 

18 ‘‘(3) RESEARCH DATA.—The Secretary shall in19 stitute appropriate measures to protect the privacy 

20 of individuals, operators, and motor carriers when 

21 data obtained from an electronic logging device is 

22 used for research pursuant to this section and such 

23 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 

25 of Federal Motor Carrier Safety Regulations related to anVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01137 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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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 of installing auto7 matic emergency braking systems on newly 

8 manufactured commercial motor vehicles with a 

9 gross vehicle weight rating of 10,001 pounds or 

10 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 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01143 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS 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 EQUINES.— 

22 ‘‘(1) PROHIBITION.—No person may transport 

23 or cause to be transported, an equine from a place 

24 in a State, the District of Columbia, or a territory 

25 or 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, or any 

3 place that is under the sovereignty of a government 

4 that is not the United States— 

5 ‘‘(A) in a motor vehicle containing 2 or 

6 more levels stacked on top of each other; or 

7 ‘‘(B) with reason to believe that the equine 

8 may be slaughtered for human consumption. 

9 ‘‘(2) MOTOR VEHICLE DEFINED.—In this sub10 section, the term ‘motor vehicle’ means— 

11 ‘‘(A) a vehicle driven or drawn by mechan12 ical power and manufactured primarily for use 

13 on public highways; and 

14 ‘‘(B) does not include a vehicle operated 

15 exclusively on a rail or rails. 

16 ‘‘(3) EQUINE DEFINED.—In this subsection, the 

17 term ‘equine’ means any member of the Equidae 

18 family.’’. 

19 (4) in subsection (e), as redesignated— 

20 (A) by striking ‘‘A rail carrier’’ and insert21 ing the following: 

22 ‘‘(1) IN GENERAL.—A rail carrier’’; 

23 (B) by striking ‘‘this section’’ and insert24 ing ‘‘subsection (a) or (b)’’; and 


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1 (C) by striking ‘‘On learning’’ and insert2 ing the following: 

3 ‘‘(2) TRANSPORTATION OF EQUINES.— 

4 ‘‘(A) CIVIL PENALTY.—A person that 

5 knowingly violates subsection (d) is liable to the 

6 United States Government for a civil penalty of 

7 at least $100, but not more than $500, for each 

8 violation. A separate violation of subsection (d) 

9 occurs for each equine that is transported, or 

10 caused to be transported, in violation of sub11 section (d). 

12 ‘‘(B) RELATIONSHIP TO OTHER LAWS.— 

13 The penalty imposed under subparagraph (A) 

14 shall be in addition to any penalty or remedy 

15 available under any other law. 

16 ‘‘(3) CIVIL ACTION.—On learning’’. 

17 SEC. 4407. ADDITIONAL STATE AUTHORITY. 

18 (a) ADDITIONAL AUTHORITY.—Notwithstanding the 

19 limitation in section 127(d) of title 23, United States 

20 Code, if a State had in effect on or before June 1, 1991, 

21 a statute or regulation which placed a limitation on the 

22 overall length of a longer combination vehicle consisting 

23 of 3 trailers, such State may allow the operation of a 

24 longer combination vehicle to accommodate a longer en25 ergy efficient truck tractor in such longer combination veVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01153 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 hicle under such limitation, if the additional tractor length 

2 is the only added length to such longer combination vehicle 

3 and does not result in increased cargo capacity in weight 

4 or volume. 

5 (b) SAVINGS CLAUSE.—Nothing in this section au6 thorizes a State to allow an increase in the length of a 

7 trailer, semitrailer, or other cargo-carrying unit of a 

8 longer combination vehicle. 

9 (c) LONGER COMBINATION VEHICLE DEFINED.— 

10 The term ‘‘longer combination vehicle’’ has the meaning 

11 given such term in section 127 of title 23, United States 

12 Code. 

13 SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSUR14 ANCE FOR COMMERCIAL MOTOR VEHICLES. 

15 Section 31139(b) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (2), by striking ‘‘$750,000’’ 

18 and inserting ‘‘$2,000,000’’; and 

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

20 ‘‘(3) ADJUSTMENT.—The Secretary, in con21 sultation with the Bureau of Labor Statistics, shall 

22 adjust the minimum level of financial responsibility 

23 under paragraph (2) quinquennially for inflation.’’. 


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1 SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER. 

2 Not later than 2 years after the date of enactment 

3 of this Act, the Secretary of Transportation shall issue a 

4 final motor vehicle safety standard that requires a com5 mercial motor vehicle manufactured after the effective 

6 date of such standard to be equipped with a universal elec7 tronic vehicle identifier that provides a single point of 

8 data, such as the vehicle identification number, that— 

9 (1) identifies the vehicle for compliance, inspec10 tion, or enforcement purposes; 

11 (2) does not transmit personally identifiable in12 formation regarding operators; and 

13 (3) does not create an undue cost burden for 

14 operators and carriers. 

15 SEC. 4410. LENGTH LIMITATIONS. 

16 Section 31111 of title 49, United States Code, is 

17 amended— 

18 (1) in subsection (a) by adding at the end the 

19 following: 

20 ‘‘(8) COVERED HEAVY-DUTY TOW AND RECOV21 ERY VEHICLE.—The term ‘covered heavy-duty tow 

22 and recovery vehicle’ means any vehicle transporting 

23 a wrecked or disabled vehicle from the place where 

24 the vehicle became wrecked or disabled to the near25 est appropriate repair facility or other location, as 

26 directed by any agency having jurisdiction.’’; and 


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1 (2) in subsection (b)(1)— 

2 (A) in subparagraph (G) by striking ‘‘; or’’ 

3 and inserting a semicolon; 

4 (B) in subparagraph (H) by striking the 

5 period and inserting a semicolon; and 

6 (C) by adding at the end the following: 

7 ‘‘(I) imposes an overall length limit on any 

8 combination of vehicles, or the length of any in9 dividual vehicle in the combination configura10 tion, being transported by a covered heavy-duty 

11 tow and recovery vehicle provided that the 

12 wrecked or disabled vehicle combination being 

13 transported was in compliance with applicable 

14 length limits at the time and place of the initial 

15 disablement or wreck; or 

16 ‘‘(J) imposes a limit to the number of vehi17 cles that may be transported in combination 

18 with a covered heavy-duty tow and recovery ve19 hicle provided that the wrecked or disabled ve20 hicle combination being transported was in 

21 compliance with applicable limits at the time 

22 and place of the initial disablement or wreck’’. 


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1 TITLE V—INNOVATION 

2 SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) IN GENERAL.—The following amounts are au4 thorized to be appropriated out of the Highway Trust 

5 Fund (other than the Mass Transit Account): 

6 (1) HIGHWAY RESEARCH AND DEVELOPMENT

7 PROGRAM.—To carry out section 503(b) of title 23, 

8 United States Code, $144,000,000 for each of fiscal 

9 years 2023 through 2026. 

10 (2) TECHNOLOGY AND INNOVATION DEPLOY11 MENT PROGRAM.—To carry out section 503(c) of 

12 title 23, United States Code, $152,000,000 for each 

13 of fiscal years 2023 through 2026. 

14 (3) TRAINING AND EDUCATION.—To carry out 

15 section 504 of title 23, United States Code, 

16 $26,000,000 for each of fiscal years 2023 through 

17 2026. 

18 (4) INTELLIGENT TRANSPORTATION SYSTEMS

19 PROGRAM.—To carry out sections 512 through 518 

20 of title 23, United States Code, $100,000,000 for 

21 each of fiscal years 2023 through 2026. 

22 (5) UNIVERSITY TRANSPORTATION CENTERS

23 PROGRAM.—To carry out section 5505 of title 49, 

24 United States Code, $96,000,000 for each of fiscal 

25 years 2023 through 2026. 


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1 (6) BUREAU OF TRANSPORTATION STATIS2 TICS.—To carry out chapter 63 of title 49, United 

3 States Code, $27,000,000 for each of fiscal years 

4 2023 through 2026. 

5 (b) ADDITIONAL PROGRAMS.—The following 

6 amounts are authorized to be appropriated out of the 

7 Highway Trust Fund (other than the Mass Transit Ac8 count): 

9 (1) MOBILITY THROUGH ADVANCED TECH10 NOLOGIES.—To carry out section 503(c)(4) of title 

11 23, United States Code, $70,000,000 for each of fis12 cal years 2023 through 2026 from funds made avail13 able to carry out section 503(c) of such title. 

14 (2) MATERIALS TO REDUCE GREENHOUSE GAS

15 EMISSIONS PROGRAM.—To carry out section 503(d) 

16 of title 23, United States Code, $10,000,000 for 

17 each of fiscal years 2023 through 2026 from funds 

18 made available to carry out section 503(c) of such 

19 title. 

20 (3) NATIONAL HIGHLY AUTOMATED VEHICLE

21 AND MOBILITY INNOVATION CLEARINGHOUSE.—To 

22 carry out section 5509 of title 49, United States 

23 Code, $2,000,000 for each of fiscal years 2023 

24 through 2026 from funds made available to carry 


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1 out sections 512 through 518 of title 23, United 

2 States Code. 

3 (4) NATIONAL COOPERATIVE MULTIMODAL

4 FREIGHT TRANSPORTATION RESEARCH PROGRAM.— 

5 To carry out section 70205 of title 49, United 

6 States Code, $4,000,000 for each of fiscal years 

7 2023 through 2026 from funds made available to 

8 carry out section 503(b) of title 23, United States 

9 Code. 

10 (5) STATE SURFACE TRANSPORTATION SYSTEM

11 FUNDING PILOTS.—To carry out section 6020 of the 

12 FAST Act (23 U.S.C. 503 note), $35,000,000 for 

13 each of fiscal years 2023 through 2026 from funds 

14 made available to carry out section 503(b) of title 

15 23, United States Code. 

16 (c) ADMINISTRATION.—The Federal Highway Ad17 ministration shall— 

18 (1) administer the programs described in para19 graphs (1), (2), and (3) of subsection (a) and para20 graph (1) of subsection (b); and 

21 (2) in consultation with relevant modal adminis22 trations, administer the programs described in sub23 sections (a)(4) and (b)(2). 

24 (d) TREATMENT OF FUNDS.—Funds authorized to be 

25 appropriated by subsections (a) and (b) shall— 


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1 (1) be available for obligation in the same man2 ner as if those funds were apportioned under chap3 ter 1 of title 23, United States Code, except that the 

4 Federal share of the cost of a project or activity car5 ried out using those funds shall be 80 percent, un6 less otherwise expressly provided by this title (in7 cluding the amendments by this title) or otherwise 

8 determined by the Secretary; and 

9 (2) remain available until expended and not be 

10 transferable, except as otherwise provided in this 

11 title. 

12 Subtitle A—Research and 

13 Development 

14 SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PRO15 GRAM. 

16 (a) IN GENERAL.—Section 503 of title 23, United 

17 States Code, is amended— 

18 (1) in subsection (a)(2) by striking ‘‘section 

19 508’’ and inserting ‘‘section 6503 of title 49’’; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (3)— 

22 (i) in subparagraph (A)— 

23 (I) in clause (ii) by striking ‘‘; 

24 and’’ and inserting a semicolon; 


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1 (II) in clause (iii) by striking the 

2 period and inserting ‘‘; and’’; and 

3 (III) by adding at the end the 

4 following: 

5 ‘‘(iv) to reduce greenhouse gas emis6 sions and limit the effects of climate 

7 change.’’; and 

8 (ii) by striking subparagraphs (D) 

9 and (E); 

10 (B) in paragraph (4)— 

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) in subparagraph (C)— 

22 (I) in clause (iv) by striking ‘‘; 

23 and’’ and inserting a semicolon; 

24 (II) in clause (v) by striking the 

25 period and inserting ‘‘; and’’; and 


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1 (III) by inserting at the end the 

2 following: 

3 ‘‘(vi) establishing best practices and 

4 creating models and tools to support met5 ropolitan and statewide planning practices 

6 to meet the considerations described in sec7 tions 134(i)(2)(I) and 135(f)(10) of this 

8 title, including— 

9 ‘‘(I) strategies to address climate 

10 change mitigation and impacts de11 scribed in sections 134(i)(2)(I)(ii) and 

12 135(f)(10)(B) of this title and the in13 corporation of such strategies into 

14 long range transportation planning; 

15 ‘‘(II) preparation of a vulner16 ability assessment described in sec17 tions 134(i)(2)(I)(iii) and 

18 135(f)(10)(C) of this title; and 

19 ‘‘(III) integration of these prac20 tices with the planning practices de21 scribed in sections 5303(i)(2)(I) and 

22 5304(f)(10) of title 49.’’; 

23 (C) in paragraph (5)(A)— 

24 (i) in clause (iv) by striking ‘‘; and’’ 

25 and inserting a semicolon; 


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1 (ii) in clause (v) by striking the period 

2 and inserting ‘‘; and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(vi) reducing greenhouse gas emis6 sions and limiting the effects of climate 

7 change.’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de10 velop interactive modeling tools and databases 

11 that— 

12 ‘‘(A) track the condition of highway assets, 

13 including interchanges, and the reconstruction 

14 history of such assets; 

15 ‘‘(B) can be used to assess transportation 

16 options; 

17 ‘‘(C) allow for the monitoring and mod18 eling of network-level traffic flows on highways; 

19 and 

20 ‘‘(D) further Federal and State under21 standing of the importance of national and re22 gional connectivity and the need for long-dis23 tance and interregional passenger and freight 

24 travel by highway and other surface transpor25 tation modes. 


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1 ‘‘(10) PERFORMANCE MANAGEMENT DATA SUP2 PORT PROGRAM.— 

3 ‘‘(A) PERFORMANCE MANAGEMENT DATA

4 SUPPORT.—The Administrator of the Federal 

5 Highway Administration shall develop, use, and 

6 maintain data sets and data analysis tools to 

7 assist metropolitan planning organizations, 

8 States, and the Federal Highway Administra9 tion in carrying out performance management 

10 analyses (including the performance manage11 ment requirements under section 150). 

12 ‘‘(B) INCLUSIONS.—The data analysis ac13 tivities authorized under subparagraph (A) may 

14 include— 

15 ‘‘(i) collecting and distributing vehicle 

16 probe data describing traffic on Federal17 aid highways; 

18 ‘‘(ii) collecting household travel behav19 ior data to assess local and cross-jurisdic20 tional travel, including to accommodate ex21 ternal and through travel; 

22 ‘‘(iii) enhancing existing data collec23 tion and analysis tools to accommodate 

24 performance measures, targets, and related 


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1 data, so as to better understand trip origin 

2 and destination, trip time, and mode; 

3 ‘‘(iv) enhancing existing data analysis 

4 tools to improve performance predictions 

5 and travel models in reports described in 

6 section 150(e); 

7 ‘‘(v) developing tools— 

8 ‘‘(I) to improve performance 

9 analysis; and 

10 ‘‘(II) to evaluate the effects of 

11 project investments on performance; 

12 ‘‘(vi) assisting in the development or 

13 procurement of the transportation system 

14 access data under section 1403(g) of the 

15 INVEST in America Act; and 

16 ‘‘(vii) developing tools and acquiring 

17 data described under paragraph (9). 

18 ‘‘(C) FUNDING.—The Administrator of the 

19 Federal Highway Administration may use up to 

20 $15,000,000 for each of fiscal years 2023 

21 through 2026 to carry out this paragraph.’’. 

22 (b) REPEAL.—Section 6028 of the FAST Act (23 

23 U.S.C. 150 note), and the item relating to such section 

24 in the table of contents in section 1(b) of such Act, are 

25 repealed. 


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1 SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS 

2 EMISSIONS PROGRAM. 

3 Section 503 of title 23, United States Code, as 

4 amended by section 5101, is further amended by adding 

5 at the end the following: 

6 ‘‘(d) MATERIALS TO REDUCE GREENHOUSE GAS

7 EMISSIONS PROGRAM.— 

8 ‘‘(1) IN GENERAL.—Not later than 6 months 

9 after the date of enactment of this subsection, the 

10 Secretary shall establish and implement a program 

11 under which the Secretary shall award grants to eli12 gible entities to research and support the develop13 ment and deployment of materials that will capture, 

14 absorb, adsorb, reduce, or sequester the amount of 

15 greenhouse gas emissions generated during the pro16 duction of highway materials and the construction 

17 and use of highways. 

18 ‘‘(2) ACTIVITIES.—Activities under this section 

19 may include— 

20 ‘‘(A) carrying out research to determine 

21 the materials proven to most effectively capture, 

22 absorb, adsorb, reduce, or sequester greenhouse 

23 gas emissions; 

24 ‘‘(B) evaluating and improves the ability of 

25 materials to most effectively capture, absorb, 


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1 adsorb, reduce, or sequester greenhouse gas 

2 emissions; 

3 ‘‘(C) supporting the development and de4 ployment of materials that will capture, absorb, 

5 adsorb, reduce, or sequester greenhouse gas 

6 emissions; and 

7 ‘‘(D) in coordination with standards-set8 ting organizations, such as the American Asso9 ciation of State Highway and Transportation 

10 Officials, carrying out research on— 

11 ‘‘(i) the extent to which existing state 

12 materials procurement standards enable 

13 the deployment of materials proven to most 

14 effectively reduce or sequester greenhouse 

15 gas emissions; 

16 ‘‘(ii) opportunities for States to adapt 

17 procurement standards to more frequently 

18 procure materials proven to most effec19 tively reduce or sequester greenhouse gas 

20 emissions; and 

21 ‘‘(iii) how to support or incentivize 

22 States to adapt procurement standards to 

23 incorporate more materials proven to most 

24 effectively reduce or sequester greenhouse 

25 gas emissions. 


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1 ‘‘(3) COMPETITIVE SELECTION PROCESS.— 

2 ‘‘(A) APPLICATIONS.—To be eligible to re3 ceive a grant under this subsection, an eligible 

4 entity shall submit to the Secretary an applica5 tion in such form and containing such informa6 tion as the Secretary may require. 

7 ‘‘(B) CONSIDERATION.—In making grants 

8 under this subsection, the Secretary shall con9 sider the degree to which applicants presently 

10 carry out research on materials that capture, 

11 absorb, adsorb, reduce, or sequester greenhouse 

12 gas emissions. 

13 ‘‘(C) SELECTION CRITERIA.—The Sec14 retary may make grants under this subsection 

15 to any eligible entity based on the demonstrated 

16 ability of the applicant to fulfill the activities 

17 described in paragraph (2). 

18 ‘‘(D) TRANSPARENCY.—The Secretary 

19 shall submit to the Committee on Transpor20 tation and Infrastructure of the House of Rep21 resentatives and the Committee on Environ22 ment and Public Works of the Senate a report 

23 describing the overall review process for a grant 

24 under this subsection, including— 


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1 ‘‘(i) specific criteria of evaluation used 

2 in the review; 

3 ‘‘(ii) descriptions of the review proc4 ess; and 

5 ‘‘(iii) explanations of the grants 

6 awarded. 

7 ‘‘(4) GRANTS.— 

8 ‘‘(A) RESTRICTIONS.— 

9 ‘‘(i) IN GENERAL.—For each fiscal 

10 year, a grant made available under this 

11 subsection shall be not greater than 

12 $4,000,000 and not less than $2,000,000 

13 per recipient. 

14 ‘‘(ii) LIMITATION.—An eligible entity 

15 may only receive one grant in a fiscal year 

16 under this subsection. 

17 ‘‘(B) MATCHING REQUIREMENTS.—As a 

18 condition of receiving a grant under this sub19 section, a grant recipient shall match 50 per20 cent of the amounts made available under the 

21 grant. 

22 ‘‘(5) PROGRAM COORDINATION.— 

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

24 ‘‘(i) coordinate the research, edu25 cation, and technology transfer activities 


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1 carried out by grant recipients under this 

2 subsection; 

3 ‘‘(ii) disseminate the results of that 

4 research through the establishment and op5 eration of a publicly accessible online infor6 mation clearinghouse; and 

7 ‘‘(iii) to the extent practicable, sup8 port the deployment and commercial adop9 tion of effective materials researched or de10 veloped under this subsection to relevant 

11 stakeholders. 

12 ‘‘(B) ANNUAL REVIEW AND EVALUA13 TION.—Not later than 2 years after the date of 

14 enactment of this subsection, and not less fre15 quently than annually thereafter, the Secretary 

16 shall, consistent with the activities in paragraph 

17 (3)— 

18 ‘‘(i) review and evaluate the programs 

19 carried out under this subsection by grant 

20 recipients, describing the effectiveness of 

21 the program in identifying materials that 

22 capture, absorb, adsorb, reduce, or seques23 ter greenhouse gas emissions; 

24 ‘‘(ii) submit to the Committee on 

25 Transportation and Infrastructure of the 


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1 House of Representatives and the Com2 mittee on Environment and Public Works 

3 of the Senate a report describing such re4 view and evaluation; and 

5 ‘‘(iii) make the report in clause (ii) 

6 available to the public on a website. 

7 ‘‘(6) LIMITATION ON AVAILABILITY OF

8 AMOUNTS.—Amounts made available to carry out 

9 this subsection shall remain available for obligation 

10 by the Secretary for a period of 3 years after the 

11 last day of the fiscal year for which the amounts are 

12 authorized. 

13 ‘‘(7) INFORMATION COLLECTION.—Any survey, 

14 questionnaire, or interview that the Secretary deter15 mines to be necessary to carry out reporting require16 ments relating to any program assessment or evalua17 tion activity under this subsection, including cus18 tomer satisfaction assessments, shall not be subject 

19 to chapter 35 of title 44 (commonly known as the 

20 ‘Paperwork Reduction Act’). 

21 ‘‘(8) DEFINITION OF ELIGIBLE ENTITY.—In 

22 this subsection, the term ‘eligible entity’ means— 

23 ‘‘(A) a nonprofit institution of higher edu24 cation, as such term is defined in section 101 


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1 of the Higher Education Act of 1965 (20 

2 U.S.C. 1001); and 

3 ‘‘(B) a State department of transpor4 tation.’’. 

5 SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOP6 MENT 5-YEAR STRATEGIC PLAN. 

7 Section 6503 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (a) by striking ‘‘The Sec10 retary’’ and inserting ‘‘For the period of fiscal years 

11 2017 through 2022, and for each 5-year period 

12 thereafter, the Secretary’’; 

13 (2) in subsection (c)(1)— 

14 (A) in subparagraph (C) by inserting ‘‘and 

15 security in the transportation system’’ after 

16 ‘‘safety’’; 

17 (B) in subparagraph (D) by inserting ‘‘and 

18 the existing transportation system’’ after ‘‘in19 frastructure’’; 

20 (C) in subparagraph (E) by striking ‘‘; 

21 and’’ and inserting a semicolon; 

22 (D) by amending subparagraph (F) to 

23 read as follows: 

24 ‘‘(F) reducing greenhouse gas emissions; 

25 and’’; and 


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

2 ‘‘(G) developing and maintaining a diverse 

3 workforce in transportation sectors;’’; and 

4 (3) in subsection (d) by striking ‘‘not later than 

5 December 31, 2016,’’ and inserting ‘‘not later than 

6 December 31, 2022,’’. 

7 SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PRO8 GRAM. 

9 Section 5505 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (4)— 

13 (i) in subparagraph (A) by striking 

14 ‘‘research priorities identified in chapter 

15 65.’’ and inserting the following: ‘‘following 

16 research priorities: 

17 ‘‘(i) Improving the mobility of people 

18 and goods. 

19 ‘‘(ii) Reducing congestion. 

20 ‘‘(iii) Promoting safety. 

21 ‘‘(iv) Improving the durability and ex22 tending the life of transportation infra23 structure and the existing transportation 

24 system. 

25 ‘‘(v) Preserving the environment. 


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1 ‘‘(vi) Reducing greenhouse gas emis2 sions.’’; and 

3 (ii) in subparagraph (B)— 

4 (I) by striking ‘‘Technology and’’ 

5 and inserting ‘‘Technology,’’; 

6 (II) by inserting ‘‘, the Adminis7 trator of the Federal Transit Admin8 istration,’’ after ‘‘Federal Highway 

9 Administration’’; and 

10 (III) by striking ‘‘and other 

11 modal administrations as appropriate’’ 

12 and inserting ‘‘and the Administrators 

13 of other operating administrations, as 

14 appropriate’’; and 

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

16 ‘‘(7) FOCUSED RESEARCH CONSIDERATIONS.— 

17 In awarding grants under this section, the Secretary 

18 shall consider how the program under this section 

19 advances research on the cybersecurity implications 

20 of technologies relating to connected vehicles, con21 nected infrastructure, and automated vehicles.’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (1)— 


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1 (i) by striking ‘‘Not later than 1 year 

2 after the date of enactment of this sec3 tion,’’ and inserting the following: 

4 ‘‘(A) SELECTION OF GRANTS.—Not later 

5 than 1 year after the date of enactment of the 

6 INVEST in America Act,’’; and 

7 (ii) by adding at the end the fol8 lowing: 

9 ‘‘(B) LIMITATIONS.—A grant under this 

10 subsection may not include a cooperative agree11 ment described in section 6305 of title 31.’’; 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (A) by striking ‘‘5 

14 consortia’’ and inserting ‘‘6 consortia’’; 

15 (ii) in subparagraph (B)— 

16 (I) in clause (i) by striking ‘‘not 

17 greater than $4,000,000 and not less 

18 than $2,000,000’’ and inserting ‘‘not 

19 greater than $4,250,000 and not less 

20 than $2,250,000’’; and 

21 (II) in clause (ii) by striking 

22 ‘‘section 6503(c)’’ and inserting ‘‘sub23 section (b)(4)(A)’’; 


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1 (iii) in subparagraph (C) by striking 

2 ‘‘100 percent’’ and inserting ‘‘50 percent’’; 

3 and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(D) REQUIREMENT.—In awarding grants 

7 under this section, the Secretary shall award 1 

8 grant to a national consortia for each focus 

9 area described in subsection (b)(4)(A).’’; 

10 (C) in paragraph (3)— 

11 (i) in subparagraph (C) by striking 

12 ‘‘not greater than $3,000,000 and not less 

13 than $1,500,000’’ and inserting ‘‘not 

14 greater than $3,250,000 and not less than 

15 $1,750,000’’; 

16 (ii) in subparagraph (D)(i) by striking 

17 ‘‘100 percent’’ and inserting ‘‘50 percent’’; 

18 and 

19 (iii) by striking subparagraph (E); 

20 and 

21 (D) in paragraph (4)— 

22 (i) in subparagraph (A) by striking 

23 ‘‘greater than $2,000,000 and not less 

24 than $1,000,000’’ and inserting ‘‘greater 


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1 than $2,250,000 and not less than 

2 $1,250,000’’; and 

3 (ii) by striking subparagraph (C) and 

4 inserting the following: 

5 ‘‘(C) CONSIDERATION.—In awarding 

6 grants under this section, the Secretary shall 

7 consider historically black colleges and univer8 sities, as such term is defined in section 371(a) 

9 of the Higher Education Act of 1965 (20 

10 U.S.C. 1067q), and other minority institutions, 

11 as such term is defined by section 365 of the 

12 Higher Education Act (20 U.S.C. 1067k), or 

13 consortia that include such institutions that 

14 have demonstrated an ability in transportation15 related research. 

16 ‘‘(D) FOCUSED RESEARCH.— 

17 ‘‘(i) IN GENERAL.—In awarding 

18 grants under this section, the Secretary 

19 shall select not less than one grant recipi20 ent with each of the following focus areas: 

21 ‘‘(I) Transit. 

22 ‘‘(II) Connected and automated 

23 vehicle technology, including cyberse24 curity implications of technologies re25 lating to connected vehicles, connected 


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1 infrastructure, and automated vehicle 

2 technology. 

3 ‘‘(III) Non-motorized transpor4 tation, including bicycle and pedes5 trian safety. 

6 ‘‘(IV) The surface transportation 

7 workforce, including— 

8 ‘‘(aa) current and future 

9 workforce needs and challenges; 

10 and 

11 ‘‘(bb) the impact of tech12 nology on the transportation sec13 tor. 

14 ‘‘(V) Climate change mitigation, 

15 including— 

16 ‘‘(aa) researching the types 

17 of transportation projects that 

18 are expected to provide the most 

19 significant greenhouse gas emis20 sions reductions from the surface 

21 transportation sector; and 

22 ‘‘(bb) researching the types 

23 of transportation projects that 

24 are not expected to provide sig25 nificant greenhouse gas emissions 


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1 reductions from the surface 

2 transportation sector. 

3 ‘‘(ii) ADDITIONAL GRANTS.—In 

4 awarding grants under this section and 

5 after awarding grants pursuant to clause 

6 (i), the Secretary may award any remain7 ing grants to any grant recipient based on 

8 the criteria described in subsection 

9 (b)(4)(A).’’; 

10 (3) in subsection (d)(3) by striking ‘‘fiscal years 

11 2016 through 2020’’ and inserting ‘‘fiscal years 

12 2023 through 2026’’; 

13 (4) by redesignating subsection (f) as sub14 section (g); and 

15 (5) by inserting after subsection (e) the fol16 lowing: 

17 ‘‘(f) SURPLUS AMOUNTS.— 

18 ‘‘(1) IN GENERAL.—Amounts made available to 

19 the Secretary to carry out this section that remain 

20 unobligated after awarding grants under subsection 

21 (c) shall be made available under the unsolicited re22 search initiative under section 5506. 

23 ‘‘(2) LIMITATION ON AMOUNTS.—Amounts 

24 under paragraph (1) shall not exceed $2,000,000 for 

25 any given fiscal year.’’. 


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1 SEC. 5105. UNSOLICITED RESEARCH INITIATIVE. 

2 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

3 49, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘§ 5506. Unsolicited research initiative 

6 ‘‘(a) IN GENERAL.—Not later than 180 days after 

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

8 establish a program under which an eligible entity may 

9 at any time submit unsolicited research proposals for 

10 funding under this section. 

11 ‘‘(b) CRITERIA.—A research proposal submitted 

12 under subsection (a) shall meet the purposes of the Sec13 retary’s 5-year transportation research and development 

14 strategic plan described in section 6503(c)(1). 

15 ‘‘(c) APPLICATIONS.—To receive funding under this 

16 section, eligible entities shall submit to the Secretary an 

17 application that is in such form and contains such infor18 mation as the Secretary may require. 

19 ‘‘(d) REPORT.—Not later than 18 months after the 

20 date of enactment of this section, and annually thereafter, 

21 the Secretary shall make available to the public on a public 

22 website a report on the progress and findings of the pro23 gram established under subsection (a). 

24 ‘‘(e) FEDERAL SHARE.— 


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

2 cost of an activity carried out under this section may 

3 not exceed 50 percent. 

4 ‘‘(2) NON-FEDERAL SHARE.—All costs directly 

5 incurred by the non-Federal partners, including per6 sonnel, travel, facility, and hardware development 

7 costs, shall be credited toward the non-Federal share 

8 of the cost of an activity carried out under this sec9 tion. 

10 ‘‘(f) FUNDING.— 

11 ‘‘(1) IN GENERAL.—Of the funds made avail12 able to carry out the university transportation cen13 ters program under section 5505, $2,000,000 shall 

14 be available for each of fiscal years 2023 through 

15 2026 to carry out this section. 

16 ‘‘(2) FUNDING FLEXIBILITY.— 

17 ‘‘(A) IN GENERAL.—For fiscal years 2023 

18 through 2026, funds made available under 

19 paragraph (1) shall remain available until ex20 pended. 

21 ‘‘(B) UNCOMMITTED FUNDS.—If the Sec22 retary determines, at the end of a fiscal year, 

23 funds under paragraph (1) remain unexpended 

24 as a result of a lack of meritorious projects 

25 under this section, the Secretary may, for the 


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1 following fiscal year, make remaining funds 

2 available under either this section or under sec3 tion 5505. 

4 ‘‘(g) ELIGIBLE ENTITY DEFINED.—In this section, 

5 the term ‘eligible entity’ means— 

6 ‘‘(1) a State; 

7 ‘‘(2) a unit of local government; 

8 ‘‘(3) a transit agency; 

9 ‘‘(4) any nonprofit institution of higher edu10 cation, including a university transportation center 

11 under section 5505; and 

12 ‘‘(5) a nonprofit organization.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 55 of title 49, United States Code, is amended by in15 serting after the item relating to section 5505 the fol16 lowing new item: 

‘‘5506. Unsolicited research initiative.’’. 

17 SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL 

18 FREIGHT TRANSPORTATION RESEARCH PRO19 GRAM. 

20 (a) IN GENERAL.—Chapter 702 of title 49, United 

21 States Code, is amended by adding at the end the fol22 lowing: 


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1 ‘‘§ 70205. National cooperative multimodal freight 

2 transportation research program 

3 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after 

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

5 establish and support a national cooperative multimodal 

6 freight transportation research program. 

7 ‘‘(b) AGREEMENT.—Not later than 6 months after 

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

9 seek to enter into an agreement with the National Acad10 emy of Sciences to support and carry out administrative 

11 and management activities relating to the governance of 

12 the national cooperative multimodal freight transportation 

13 research program. 

14 ‘‘(c) ADVISORY COMMITTEE.—In carrying out the 

15 agreement described in subsection (b), the National Acad16 emy of Sciences shall select a multimodal freight transpor17 tation research advisory committee consisting of 

18 multimodal freight stakeholders, including, at a min19 imum— 

20 ‘‘(1) a representative of the Department of 

21 Transportation; 

22 ‘‘(2) representatives of any other Federal agen23 cies relevant in supporting the nation’s multimodal 

24 freight transportation research needs; 

25 ‘‘(3) a representative of a State department of 

26 transportation; 


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1 ‘‘(4) a representative of a local government 

2 (other than a metropolitan planning organization); 

3 ‘‘(5) a representative of a metropolitan planning 

4 organization; 

5 ‘‘(6) a representative of the trucking industry; 

6 ‘‘(7) a representative of the railroad industry; 

7 ‘‘(8) a representative of the port industry; 

8 ‘‘(9) a representative of logistics industry; 

9 ‘‘(10) a representative of shipping industry; 

10 ‘‘(11) a representative of a safety advocacy 

11 group with expertise in freight transportation; 

12 ‘‘(12) an academic expert on multimodal freight 

13 transportation; 

14 ‘‘(13) an academic expert on the contributions 

15 of freight movement to greenhouse gas emissions; 

16 and 

17 ‘‘(14) representatives of labor organizations 

18 representing workers in freight transportation. 

19 ‘‘(d) ELEMENTS.—The national cooperative 

20 multimodal freight transportation research program estab21 lished under this section shall include the following ele22 ments: 

23 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi24 sory committee under subsection (c), in consultation 

25 with interested parties, shall recommend a national 


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1 research agenda for the program established in this 

2 section. 

3 ‘‘(2) INVOLVEMENT.—Interested parties may— 

4 ‘‘(A) submit research proposals to the advi5 sory committee; 

6 ‘‘(B) participate in merit reviews of re7 search proposals and peer reviews of research 

8 products; and 

9 ‘‘(C) receive research results. 

10 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

11 RESEARCH PROPOSALS.—The National Academy of 

12 Sciences may award research contracts and grants 

13 under the program through open competition and 

14 merit review conducted on a regular basis. 

15 ‘‘(4) EVALUATION OF RESEARCH.— 

16 ‘‘(A) PEER REVIEW.—Research contracts 

17 and grants under the program may allow peer 

18 review of the research results. 

19 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

20 National Academy of Sciences shall conduct 

21 periodic programmatic evaluations on a regular 

22 basis of research contracts and grants. 

23 ‘‘(5) DISSEMINATION OF RESEARCH FIND24 INGS.— 


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1 ‘‘(A) IN GENERAL.—The National Acad2 emy of Sciences shall disseminate research find3 ings to researchers, practitioners, and decision4 makers, through conferences and seminars, field 

5 demonstrations, workshops, training programs, 

6 presentations, testimony to government offi7 cials, a public website for the National Academy 

8 of Sciences, publications for the general public, 

9 and other appropriate means. 

10 ‘‘(B) REPORT.—Not more than 18 months 

11 after the date of enactment of this section, and 

12 annually thereafter, the Secretary shall make 

13 available on a public website a report that de14 scribes the ongoing research and findings of the 

15 program. 

16 ‘‘(e) CONTENTS.—The national research agenda 

17 under subsection (d)(1) shall include— 

18 ‘‘(1) techniques and tools for estimating and 

19 identifying both quantitative and qualitative public 

20 benefits derived from multimodal freight transpor21 tation projects, including— 

22 ‘‘(A) greenhouse gas emissions reduction; 

23 ‘‘(B) congestion reduction; and 

24 ‘‘(C) safety benefits; 


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1 ‘‘(2) the impact of freight delivery vehicles, in2 cluding trucks, railcars, and non-motorized vehicles, 

3 on congestion in urban and rural areas; 

4 ‘‘(3) the impact of both centralized and dis5 parate origins and destinations on freight movement; 

6 ‘‘(4) the impacts of increasing freight volumes 

7 on transportation planning, including— 

8 ‘‘(A) first-mile and last-mile challenges to 

9 multimodal freight movement; 

10 ‘‘(B) multimodal freight travel in both 

11 urban and rural areas; and 

12 ‘‘(C) commercial motor vehicle parking and 

13 rest areas; 

14 ‘‘(5) the effects of Internet commerce and accel15 erated delivery speeds on freight movement and in16 creased commercial motor vehicle volume, including 

17 impacts on— 

18 ‘‘(A) safety on public roads; 

19 ‘‘(B) congestion in both urban and rural 

20 areas; 

21 ‘‘(C) first-mile and last-mile challenges and 

22 opportunities; 

23 ‘‘(D) the environmental impact of freight 

24 transportation, including on air quality and on 

25 greenhouse gas emissions; and 


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1 ‘‘(E) vehicle miles-traveled by freight-deliv2 ering vehicles; 

3 ‘‘(6) the impacts of technological advancements 

4 in freight movement, including impacts on— 

5 ‘‘(A) congestion in both urban and rural 

6 areas; 

7 ‘‘(B) first-mile and last-mile challenges 

8 and opportunities; and 

9 ‘‘(C) vehicle miles-traveled; 

10 ‘‘(7) methods and best practices for aligning 

11 multimodal infrastructure improvements with 

12 multimodal freight transportation demand, including 

13 improvements to the National Multimodal Freight 

14 Network under section 70103; and 

15 ‘‘(8) other research areas to identify and ad16 dress current, emerging, and future needs related to 

17 multimodal freight transportation. 

18 ‘‘(f) FUNDING.— 

19 ‘‘(1) FEDERAL SHARE.—The Federal share of 

20 the cost of an activity carried out under this section 

21 shall be 100 percent. 

22 ‘‘(2) PERIOD OF AVAILABILITY.—Amounts 

23 made available to carry out this section shall remain 

24 available until expended. 


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1 ‘‘(g) DEFINITION OF GREENHOUSE GAS.—In this 

2 section, the term ‘greenhouse gas’ has the meaning given 

3 such term in section 211(o)(1) of the Clean Air Act (42 

4 U.S.C. 7545(o)(1)).’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chap6 ter 702 of title 49, United States Code, is amended by 

7 adding at the end the following new item: 

‘‘70205. National cooperative multimodal freight transportation research program.’’. 

8 SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND 

9 HABITAT CONNECTIVITY IMPROVEMENT. 

10 (a) STUDY.— 

11 (1) IN GENERAL.—The Secretary of Transpor12 tation shall conduct a study examining methods to 

13 reduce collisions between motorists and wildlife (re14 ferred to in this section as ‘‘wildlife-vehicle colli15 sions’’). 

16 (2) CONTENTS.— 

17 (A) AREAS OF STUDY.—The study re18 quired under paragraph (1) shall— 

19 (i) update and expand on, as appro20 priate— 

21 (I) the report titled ‘‘Wildlife Ve22 hicle Collision Reduction Study: 2008 

23 Report to Congress’’: and 


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1 (II) the document titled ‘‘Wildlife 

2 Vehicle Collision Reduction Study: 

3 Best Practices Manual’’ and dated 

4 October 2008; and 

5 (ii) include— 

6 (I) an assessment, as of the date 

7 of the study, of— 

8 (aa) the causes of wildlife9 vehicle collisions; 

10 (bb) the impact of wildlife11 vehicle collisions on motorists 

12 and wildlife; and 

13 (cc) the impacts of roads 

14 and traffic on habitat 

15 connectivity for terrestrial and 

16 aquatic species; and 

17 (II) solutions and best practices 

18 for— 

19 (aa) reducing wildlife-vehicle 

20 collisions; and 

21 (bb) improving habitat 

22 connectivity for terrestrial and 

23 aquatic species. 


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1 (B) METHODS.—In carrying out the study 

2 required under paragraph (1), the Secretary 

3 shall— 

4 (i) conduct a thorough review of re5 search and data relating to— 

6 (I) wildlife-vehicle collisions; and 

7 (II) habitat fragmentation that 

8 results from transportation infrastruc9 ture; 

10 (ii) survey current practices of the 

11 Department of Transportation and State 

12 departments of transportation to reduce 

13 wildlife-vehicle collisions; and 

14 (iii) consult with— 

15 (I) appropriate experts in the 

16 field of wildlife-vehicle collisions; and 

17 (II) appropriate experts on the 

18 effects of roads and traffic on habitat 

19 connectivity for terrestrial and aquatic 

20 species. 

21 (3) REPORT.— 

22 (A) IN GENERAL.—Not later than 18 

23 months after the date of enactment of this Act, 

24 the Secretary shall submit to Congress a report 


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1 on the results of the study required under para2 graph (1). 

3 (B) CONTENTS.—The report required 

4 under subparagraph (A) shall include— 

5 (i) a description of— 

6 (I) the causes of wildlife-vehicle 

7 collisions; 

8 (II) the impacts of wildlife-vehicle 

9 collisions; and 

10 (III) the impacts of roads and 

11 traffic on— 

12 (aa) species listed as threat13 ened species or endangered spe14 cies under the Endangered Spe15 cies Act of 1973 (16 U.S.C. 1531 

16 et seq.); 

17 (bb) species identified by 

18 States as species of greatest con19 servation need; 

20 (cc) species identified in 

21 State wildlife plans; and 

22 (dd) medium and small ter23 restrial and aquatic species; 

24 (ii) an economic evaluation of the 

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1 frastructure and other measures to miti2 gate damage to terrestrial and aquatic spe3 cies, including the effect on jobs, property 

4 values, and economic growth to society, ad5 jacent communities, and landowners; 

6 (iii) recommendations for preventing 

7 wildlife-vehicle collisions, including rec8 ommended best practices, funding re9 sources, or other recommendations for ad10 dressing wildlife-vehicle collisions; and 

11 (iv) guidance to develop, for each 

12 State that agrees to participate, a vol13 untary joint statewide transportation and 

14 wildlife action plan. 

15 (C) PURPOSES.—The purpose of the guid16 ance described in subparagraph (B)(iv) shall 

17 be— 

18 (i) to address wildlife-vehicle colli19 sions; and 

20 (ii) to improve habitat connectivity for 

21 terrestrial and aquatic species. 

22 (D) CONSULTATION.—The Secretary shall 

23 develop the guidance described under subpara24 graph (B)(iv) in consultation with— 


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1 (i) Federal land management agen2 cies; 

3 (ii) State departments of transpor4 tation; 

5 (iii) State fish and wildlife agencies; 

6 and 

7 (iv) Tribal governments. 

8 (b) STANDARDIZATION OF WILDLIFE COLLISION AND

9 CARCASS DATA.— 

10 (1) STANDARDIZATION METHODOLOGY.— 

11 (A) IN GENERAL.—The Secretary of 

12 Transportation, acting through the Adminis13 trator of the Federal Highway Administration, 

14 shall develop a quality standardized method15 ology for collecting and reporting spatially accu16 rate wildlife collision and carcass data for the 

17 National Highway System, taking into consider18 ation the practicability of the methodology with 

19 respect to technology and cost. 

20 (B) METHODOLOGY.—In developing the 

21 standardized methodology under subparagraph 

22 (A), the Secretary shall— 

23 (i) survey existing methodologies and 

24 sources of data collection, including the 

25 Fatality Analysis Reporting System, the 


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1 General Estimates System of the National 

2 Automotive Sampling System, and the 

3 Highway Safety Information System; and 

4 (ii) to the extent practicable, identify 

5 and correct limitations of such existing 

6 methodologies and sources of data collec7 tion. 

8 (C) CONSULTATION.—In developing the 

9 standardized methodology under subparagraph 

10 (A), the Secretary shall consult with— 

11 (i) the Secretary of the Interior; 

12 (ii) the Secretary of Agriculture, act13 ing through the Chief of the Forest Serv14 ice; 

15 (iii) Tribal, State, and local transpor16 tation and wildlife authorities; 

17 (iv) metropolitan planning organiza18 tions (as such term is defined in section 

19 134(b) of title 23, United States Code); 

20 (v) members of the American Associa21 tion of State Highway and Transportation 

22 Officials; 

23 (vi) members of the Association of 

24 Fish and Wildlife Agencies; 


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1 (vii) experts in the field of wildlife-ve2 hicle collisions; 

3 (viii) nongovernmental organizations; 

4 and 

5 (ix) other interested stakeholders, as 

6 appropriate. 

7 (2) STANDARDIZED NATIONAL DATA SYSTEM

8 WITH VOLUNTARY TEMPLATE IMPLEMENTATION.— 

9 The Secretary shall— 

10 (A) develop a template for State implemen11 tation of a standardized national wildlife colli12 sion and carcass data system for the National 

13 Highway System that is based on the standard14 ized methodology developed under paragraph 

15 (1); and 

16 (B) encourage the voluntary implementa17 tion of the template developed under subpara18 graph (A) for States, metropolitan planning or19 ganizations, and additional relevant transpor20 tation stakeholders. 

21 (3) REPORTS.— 

22 (A) METHODOLOGY.—The Secretary shall 

23 submit to Congress a report describing the de24 velopment of the standardized methodology re25 quired under paragraph (1) not later than— 


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1 (i) the date that is 18 months after 

2 the date of enactment of this Act; and 

3 (ii) the date that is 180 days after the 

4 date on which the Secretary completes the 

5 development of such standardized method6 ology. 

7 (B) IMPLEMENTATION.—Not later than 3 

8 years after the date of enactment of this Act, 

9 the Secretary shall submit to Congress a report 

10 describing— 

11 (i) the status of the voluntary imple12 mentation of the standardized methodology 

13 developed under paragraph (1) and the 

14 template developed under paragraph 

15 (2)(A); 

16 (ii) whether the implementation of the 

17 standardized methodology developed under 

18 paragraph (1) and the template developed 

19 under paragraph (2)(A) has impacted ef20 forts by States, units of local government, 

21 and other entities— 

22 (I) to reduce the number of wild23 life-vehicle collisions; and 

24 (II) to improve habitat 

25 connectivity; 


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1 (iii) the degree of the impact de2 scribed in clause (ii); and 

3 (iv) the recommendations of the Sec4 retary, including recommendations for fur5 ther study aimed at reducing motorist col6 lisions involving wildlife and improving 

7 habitat connectivity for terrestrial and 

8 aquatic species on the National Highway 

9 System, if any. 

10 (c) NATIONAL THRESHOLD GUIDANCE.—The Sec11 retary of Transportation shall— 

12 (1) establish guidance, to be carried out by 

13 States on a voluntary basis, that contains a thresh14 old for determining whether a highway shall be eval15 uated for potential mitigation measures to reduce 

16 wildlife-vehicle collisions and increase habitat 

17 connectivity for terrestrial and aquatic species, tak18 ing into consideration— 

19 (A) the number of wildlife-vehicle collisions 

20 on the highway that pose a human safety risk; 

21 (B) highway-related mortality and effects 

22 of traffic on the highway on— 

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1 dangered Species Act of 1973 (16 U.S.C. 

2 1531 et seq.); 

3 (ii) species identified by a State as 

4 species of greatest conservation need; 

5 (iii) species identified in State wildlife 

6 plans; and 

7 (iv) medium and small terrestrial and 

8 aquatic species; and 

9 (C) habitat connectivity values for terres10 trial and aquatic species and the barrier effect 

11 of the highway on the movements and migra12 tions of those species. 

13 (d) WORKFORCE DEVELOPMENT AND TECHNICAL

14 TRAINING.— 

15 (1) IN GENERAL.—Not later than 3 years after 

16 the date of enactment of this Act, the Secretary 

17 shall, based on the study conducted under subsection 

18 (a), develop a series of in-person and online work19 force development and technical training courses— 

20 (A) to reduce wildlife-vehicle collisions; and 

21 (B) to improve habitat connectivity for ter22 restrial and aquatic species. 

23 (2) AVAILABILITY.—The Secretary shall— 


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1 (A) make the series of courses developed 

2 under paragraph (1) available for transpor3 tation and fish and wildlife professionals; and 

4 (B) update the series of courses not less 

5 frequently than once every 2 years. 

6 (e) WILDLIFE HABITAT CONNECTIVITY AND NA7 TIONAL BRIDGE AND TUNNEL INVENTORY AND INSPEC8 TION STANDARDS.—Section 144 of title 23, United States 

9 Code, is amended in subsection (a)(2)— 

10 (1) in subparagraph (B) by inserting ‘‘, resil11 ience,’’ after ‘‘safety’’; 

12 (2) in subparagraph (D) by striking ‘‘and’’ at 

13 the end; 

14 (3) in subparagraph (E) by striking the period 

15 at the end and inserting ‘‘; and’’; and 

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

17 ‘‘(F) to ensure adequate passage of aquatic 

18 and terrestrial species, where appropriate.’’; 

19 SEC. 5108. RESEARCH ACTIVITIES. 

20 Section 330(g) of title 49, United States Code, is 

21 amended by striking ‘‘each of fiscal years 2016 through 

22 2020’’ and inserting ‘‘each of fiscal years 2023 through 

23 2026’’. 


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1 SEC. 5109. TRANSPORTATION EQUITY RESEARCH PRO2 GRAM. 

3 (a) IN GENERAL.—The Secretary of Transportation 

4 shall carry out a transportation equity research program 

5 for research and demonstration activities that focus on the 

6 impacts that surface transportation planning, investment, 

7 and operations have on low-income populations, minority 

8 populations, and other underserved populations that may 

9 be dependent on public transportation. Such activities 

10 shall include research on surface transportation equity 

11 issues, the development of strategies to advance economic 

12 and community development in public transportation-de13 pendent populations, and the development of training pro14 grams that promote the employment of low-income popu15 lations, minority populations, and other underserved popu16 lations on Federal-aid transportation projects constructed 

17 in their communities. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $8,000,000 for each of fiscal years 2023 through 2026. 

21 (c) AVAILABILITY OF AMOUNTS.—Amounts made 

22 available to the Secretary to carry out this section shall 

23 remain available for a period of 3 years beginning after 

24 the last day of the fiscal year for which the amounts are 

25 authorized. 


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1 (d) APPLICATION OF CHAPTER 35 OF TITLE 44.— 

2 Any survey, questionnaire, or interview that the Secretary 

3 determines to be necessary to carry out the reporting or 

4 research requirements relating to this section, including 

5 customer satisfaction assessments, shall not be subject to 

6 chapter 35 of title 44, United States Code. 

7 SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVEL8 OPMENT, AND TECHNOLOGY. 

9 Section 502(b)(3)(C) of title 23, United States Code, 

10 is amended by inserting ‘‘entities that represent the needs 

11 of metropolitan planning organizations,’’ after ‘‘Offi12 cials,’’. 

13 SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT 

14 PROGRAM. 

15 (a) ESTABLISHMENT.—Not later than 6 months after 

16 the date of enactment of this Act, the Secretary of Trans17 portation shall seek to enter into an agreement with a non18 profit nongovernmental entity that exclusively serves the 

19 needs and interests of metropolitan planning organizations 

20 to establish a pilot program to provide awards to eligible 

21 entities to carry out eligible activities to enhance and im22 prove metropolitan planning practices in surface transpor23 tation. 

24 (b) GOALS.—The goals of the pilot program estab25 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 SEC. 5112. INTEGRATED PROJECT DELIVERY. 

14 (a) IN GENERAL.—The Secretary of Transportation 

15 shall seek to enter into an agreement with the National 

16 Academy of Sciences to support and carry out a study of 

17 the effectiveness of integrated project delivery in delivering 

18 large infrastructure projects. 

19 (b) CONTENTS.— 

20 (1) AREAS OF STUDY.—The study shall— 

21 (A) identify best practices for surface 

22 transportation project delivery with a focus on 

23 delivery of large or complex projects; 

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1 grated project delivery and the purpose of such 

2 regulations; and 

3 (C) analyze the effectiveness of integrated 

4 project delivery compared to traditional project 

5 delivery methods, including an analysis of out6 comes related to safety, cost effectiveness, envi7 ronmental impacts, and on-time project deliv8 ery. 

9 (2) METHODS.—In carrying out the study, the 

10 National Academy of Sciences shall consult with en11 tities with experience managing, administering, or 

12 implementing integrated project delivery projects. 

13 (c) REPORT.—Not later than 1 year after the comple14 tion of the study under subsection (a), the Secretary shall 

15 publish a report on the results of the study under this 

16 section. 

17 SEC. 5113. ACCELERATED IMPLEMENTATION AND DEPLOY18 MENT OF ADVANCED DIGITAL CONSTRUC19 TION MANAGEMENT SYSTEMS. 

20 Section 503(c) of title 23, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(5) ACCELERATED IMPLEMENTATION AND DE23 PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION

24 MANAGEMENT SYSTEMS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall, 

2 to the extent practicable, under the technology 

3 and innovation deployment program goals es4 tablished under paragraph (1), promote, sup5 port, and document the application of advanced 

6 digital construction management systems, prac7 tices, performance, and benefits. 

8 ‘‘(B) GOALS.—The goals of promoting the 

9 accelerated implementation and deployment of 

10 advanced digital construction management sys11 tems established under subparagraph (A) shall 

12 include— 

13 ‘‘(i) accelerated State and local gov14 ernment adoption of advanced digital con15 struction management systems applied 

16 throughout the project delivery process (in17 cluding through the design and engineer18 ing, construction, and operations phases) 

19 that— 

20 ‘‘(I) maximize interoperability 

21 with other systems, products, tools, or 

22 applications; 

23 ‘‘(II) boost productivity; 

24 ‘‘(III) manage complexity and 

25 risk; 


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1 ‘‘(IV) reduce project delays and 

2 cost overruns; 

3 ‘‘(V) enhance safety and quality; 

4 and 

5 ‘‘(VI) support sustainable design 

6 and construction; 

7 ‘‘(ii) more timely and productive infor8 mation-sharing among stakeholders 

9 through digital collaboration platforms 

10 that connect workflows, teams, and data 

11 and reduced reliance on paper to manage 

12 construction processes and deliverables; 

13 ‘‘(iii) deployment of digital manage14 ment systems that enable and leverage the 

15 use of digital technologies on construction 

16 sites by contractors; 

17 ‘‘(iv) the development and deployment 

18 of best practices for use in digital con19 struction management; 

20 ‘‘(v) increased technology adoption 

21 and deployment by States and units of 

22 local government that enables project spon23 sors— 


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1 ‘‘(I) to integrate the adoption of 

2 digital management systems and tech3 nologies in contracts; and 

4 ‘‘(II) to weigh the cost of 

5 digitization and technology in setting 

6 project budgets; 

7 ‘‘(vi) technology training and work8 force development to build the capabilities 

9 of project managers and sponsors that en10 ables States and units of local govern11 ment— 

12 ‘‘(I) to better manage projects 

13 using advance digital construction 

14 management technologies; and 

15 ‘‘(II) to properly measure and re16 ward technology adoption across 

17 projects of the State or unit of local 

18 government; 

19 ‘‘(vii) development of guidance to as20 sist States in updating regulations of the 

21 State to allow project sponsors and con22 tractors— 

23 ‘‘(I) to report data relating to the 

24 project in digital formats; and 


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1 ‘‘(II) to fully capture the effi2 ciencies and benefits of advanced dig3 ital construction management systems 

4 and related technologies; 

5 ‘‘(viii) reduction in the environmental 

6 footprint of construction projects using ad7 vanced digital construction management 

8 systems resulting from elimination of con9 gestion through more efficient projects; 

10 ‘‘(ix) development of more sustainable 

11 infrastructure that is designed to be more 

12 resilient to climate impacts, constructed 

13 with less material waste and made with 

14 more low-emissions construction materials; 

15 and 

16 ‘‘(x) enhanced worker and pedestrian 

17 safety resulting from increased trans18 parency.’’. 

19 SEC. 5114. INNOVATIVE MATERIAL INNOVATION HUBS. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—The Secretary of Transpor22 tation shall carry out a program to enhance the de23 velopment of innovative materials in the United 

24 States by making awards to consortia for estab25 lishing and operating Hubs (to be known as ‘‘InnoVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01211 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 vative Material Innovation Hubs’’) to conduct and 

2 support multidisciplinary, collaborative research, de3 velopment, demonstration, standardized design de4 velopment, and commercial application of innovative 

5 materials. 

6 (2) COORDINATION.—The Secretary shall en7 sure the coordination of, and avoid duplication of, 

8 the activities of each Hub with the activities of— 

9 (A) other research entities of the Depart10 ment of Transportation, including the Federal 

11 Highway Administration; and 

12 (B) research entities of other Federal 

13 agencies, as appropriate. 

14 (b) COMPETITIVE SELECTION PROCESS.— 

15 (1) ELIGIBILITY.—To be eligible to receive an 

16 award for the establishment and operation of a Hub 

17 under subsection (a)(1), a consortium shall— 

18 (A) be composed of not fewer than two 

19 qualifying entities; 

20 (B) operate subject to a binding agree21 ment, entered into by each member of the con22 sortium, that documents— 

23 (i) the proposed partnership agree24 ment, including the governance and man25 agement structure of the Hub; 


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1 (ii) measures the consortium will un2 dertake to enable cost-effective implemen3 tation of activities under the program de4 scribed in subsection (a)(1); and 

5 (iii) a proposed budget, including fi6 nancial contributions from non-Federal 

7 sources; and 

8 (C) operate as a nonprofit organization. 

9 (2) APPLICATION.— 

10 (A) IN GENERAL.—A consortium seeking 

11 to establish and operate a Hub under sub12 section (a)(1) shall submit to the Secretary an 

13 application at such time, in such manner, and 

14 containing such information as the Secretary 

15 may require, including a detailed description 

16 of— 

17 (i) each element of the consortium 

18 agreement required under paragraph 

19 (1)(B); and 

20 (ii) any existing facilities the consor21 tium intends to use for Hub activities. 

22 (B) REQUIREMENT.—If the consortium 

23 members will not be located at 1 centralized lo24 cation, the application under subparagraph (A) 

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1 sures close coordination and integration of Hub 

2 activities. 

3 (3) SELECTION.— 

4 (A) IN GENERAL.—The Secretary shall se5 lect consortia for awards for the establishment 

6 and operation of Hubs through a competitive 

7 selection process. 

8 (B) CONSIDERATIONS.—In selecting con9 sortia under subparagraph (A), the Secretary 

10 shall consider— 

11 (i) any existing facilities a consortium 

12 has identified to be used for Hub activities; 

13 (ii) maintaining geographic diversity 

14 in locations of selected Hubs; 

15 (iii) the demonstrated ability of the 

16 recipient to conduct and support multi17 disciplinary, collaborative research, devel18 opment, demonstration, standardized de19 sign development, and commercial applica20 tion of innovative materials; 

21 (iv) the demonstrated research, tech22 nology transfer, and education resources 

23 available to the recipient to carry out this 

24 section; 


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1 (v) the ability of the recipient to pro2 vide leadership in solving immediate and 

3 long-range national and regional transpor4 tation problems related to innovative mate5 rials; 

6 (vi) the demonstrated ability of the re7 cipient to disseminate results and spur the 

8 implementation of transportation research 

9 and education programs through national 

10 or statewide continuing education pro11 grams; 

12 (vii) the demonstrated commitment of 

13 the recipient to the use of peer review prin14 ciples and other research best practices in 

15 the selection, management, and dissemina16 tion of research projects; 

17 (viii) the performance metrics to be 

18 used in assessing the performance of the 

19 recipient in meeting the stated research, 

20 technology transfer, education, and out21 reach goals; and 

22 (ix) the ability of the recipient to im23 plement the proposed program in a cost-ef24 ficient manner, including through cost 


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1 sharing and overall reduced overhead, fa2 cilities, and administrative costs. 

3 (4) TRANSPARENCY.— 

4 (A) IN GENERAL.—The Secretary shall 

5 provide to each applicant, upon request, any 

6 materials used in the evaluation process of the 

7 proposal of the applicant, including copies of re8 views (with any information that would identify 

9 a reviewer redacted), used in the evaluation 

10 process of the proposal of the applicant. 

11 (B) REPORTS.—The Secretary shall sub12 mit to the Committee on Transportation and 

13 Infrastructure of the House of Representatives 

14 and the Committee on Environment and Public 

15 Works of the Senate a report describing the 

16 overall review process under paragraph (2), 

17 given the considerations under paragraph (3), 

18 that includes— 

19 (i) specific criteria of evaluation used 

20 in the review; 

21 (ii) descriptions of the review process; 

22 and 

23 (iii) explanations of the selected 

24 awards. 

25 (c) FUNDS.— 


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1 (1) AUTHORIZATION.—There is authorized to 

2 be appropriated to carry out this section such sums 

3 as may be necessary and such sums shall remain 

4 available for a period of 3 years after the last day 

5 of the fiscal year in which such sums were made 

6 available. 

7 (2) MATCHING REQUIREMENT.—As a condition 

8 of receiving an award under this section, an award 

9 recipient shall match 50 percent of the amounts 

10 made available under the award. 

11 (d) HUB OPERATIONS.— 

12 (1) IN GENERAL.—Each Hub shall conduct, or 

13 provide for, multidisciplinary, collaborative research, 

14 development, demonstration, and commercial appli15 cation of innovative materials. 

16 (2) ACTIVITIES.—Each Hub shall— 

17 (A) encourage collaboration and commu18 nication among the member qualifying entities 

19 of the consortium, as described in subsection 

20 (b)(1), and awardees; 

21 (B) develop and publish proposed plans 

22 and programs on a publicly accessible website; 

23 (C) submit to the Department of Trans24 portation an annual report summarizing the ac25 tivities of the Hub, including information— 


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1 (i) detailing organizational expendi2 tures; and 

3 (ii) describing each project under4 taken by the Hub, as it relates to con5 ducting and supporting multidisciplinary, 

6 collaborative research, development, dem7 onstration, standardized design develop8 ment, and commercial application of inno9 vative materials; and 

10 (D) monitor project implementation and 

11 coordination. 

12 (3) CONFLICTS OF INTEREST.—Each Hub shall 

13 maintain conflict of interest procedures, consistent 

14 with the conflict of interest procedures of the De15 partment of Transportation. 

16 (4) PROHIBITION ON CONSTRUCTION AND REN17 OVATION.— 

18 (A) IN GENERAL.—No funds provided 

19 under this section may be used for construction 

20 or renovation of new buildings, test beds, or ad21 ditional facilities for Hubs. 

22 (B) NON-FEDERAL SHARE.—Construction 

23 of new buildings or facilities shall not be consid24 ered as part of the non-Federal share of a Hub 

25 cost-sharing agreement. 


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1 (e) APPLICABILITY.—The Secretary shall administer 

2 this section in accordance with section 330 of title 49, 

3 United States Code. 

4 (f) DEFINITIONS.—In this section: 

5 (1) HUB.—The term ‘‘Hub’’ means an Innova6 tive Material Innovation Hub established under this 

7 section. 

8 (2) QUALIFYING ENTITY.—The term ‘‘quali9 fying entity’’ means— 

10 (A) an institution of higher education (as 

11 such term is defined in section 101(a) of the 

12 Higher Education Act of 1965 (20 U.S.C. 

13 1001(a))); 

14 (B) an appropriate Federal or State entity, 

15 including a federally funded research and devel16 opment center of the Department of Transpor17 tation; 

18 (C) a university transportation center 

19 under section 5505 of title 49, United States 

20 Code; and 

21 (D) a research and development entity in 

22 existence on the date of enactment of this Act 

23 focused on innovative materials that the Sec24 retary determines to be similar in scope and in25 tent to a Hub under this section. 


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1 (3) INNOVATIVE MATERIAL.—The term ‘‘inno2 vative material’’ means materials or combinations 

3 and processes for use of materials with respect to a 

4 surface transportation infrastructure project that en5 hance the overall service life, sustainability, and re6 siliency of the project or provide ancillary benefits 

7 relative to widely adopted state of practice tech8 nologies, as determined by the Secretary. 

9 SEC. 5115. STRATEGIC TRANSPORTATION RESEARCH AGEN10 DA. 

11 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

12 49, United States Code, as amended, is further amended 

13 by adding at the end the following: 

14 ‘‘§ 5507. Strategic transportation research agenda 

15 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of this section, the Secretary shall enter 

17 into an agreement with the National Academies to under18 take a study of the research needs of the surface transpor19 tation system to fully adapt and integrate advanced tech20 nologies and innovation. The focus areas of the study shall 

21 include— 

22 ‘‘(1) connected technologies, autonomous tech23 nologies, or both; 

24 ‘‘(2) incorporating safety-related technologies; 

25 ‘‘(3) addressing infrastructure resiliency; 


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1 ‘‘(4) the impact of advanced transportation 

2 technologies on safety and mobility; 

3 ‘‘(5) multimodal connectivity; 

4 ‘‘(6) data gathering methods to understand 

5 travel behavior, including the public’s short and 

6 long-term responses to transformational tech7 nologies; 

8 ‘‘(7) impacts of private-sector transportation 

9 product development on society and the traditional 

10 research programs; 

11 ‘‘(8) support for a public-sector culture of 

12 transportation innovation and acceleration of feder13 ally funded research into practice, codes, and stand14 ards; and 

15 ‘‘(9) fostering development of transportation 

16 educators and transportation professionals. 

17 ‘‘(b) REPORT.—The agreement entered into under 

18 this section shall require the National Academies to sub19 mit to Congress a report containing the results of the 

20 study not later than 2 years after the date of enactment 

21 of this section. 

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated to carry out this section 

24 $1,500,000 for fiscal year 2023.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 55 of title 49, United States Code, is further 

3 amended by adding at the end the following: 

‘‘5507. Strategic transportation research agenda.’’. 

4 SEC. 5116. ADVANCED TRANSPORTATION RESEARCH AND 

5 INNOVATION PROGRAM. 

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 ‘‘§ 5508. Advanced transportation research and inno10 vation program 

11 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor12 tation shall establish an advanced transportation research 

13 and innovation program, to be administered by the Assist14 ant Secretary of Research and Technology, to— 

15 ‘‘(1) support research that addresses the long16 term barriers to development of advanced transpor17 tation technologies with the potential to meet the 

18 Nation’s long-term safety, competitiveness, and 

19 transportation goals; 

20 ‘‘(2) support high-risk research and develop21 ment to accelerate transformational transportation 

22 innovations and emerging technology development; 

23 ‘‘(3) advance research and development that 

24 improves the resilience of regions of the United 

25 States to natural disasters, extreme weather, and 


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1 the effects of climate change on modal and 

2 multimodal transportation and infrastructure; 

3 ‘‘(4) leverage Federal interagency research 

4 mechanisms and the academic research enterprise; 

5 ‘‘(5) educate and train students in science, 

6 technology, engineering, and mathematics fields to 

7 conduct research and standards development rel8 evant to transportation technologies, materials, sys9 tems, operations, processes, and policies; and 

10 ‘‘(6) foster collaboration among federal re11 searchers and academic researchers. 

12 ‘‘(b) COLLABORATION.— 

13 ‘‘(1) INTERAGENCY COLLABORATION.—In car14 rying out this section, the Secretary shall collaborate 

15 on, identify, and disseminate within the Department, 

16 as appropriate, advanced transportation research, 

17 development, and other activities of other Federal 

18 agencies, including the Office of Science and Tech19 nology Policy, the National Science Foundation, the 

20 Department of Energy, the National Institute of 

21 Standards and Technology, the Department of 

22 Homeland Security, the National Aeronautics and 

23 Space Administration, the National Oceanic and At24 mospheric Administration, and the Department of 

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1 ments are making the best possible contribution to 

2 the Nation’s long-term safety, competitiveness, and 

3 transportation goals. 

4 ‘‘(2) NON-GOVERNMENTAL COLLABORATION.— 

5 In carrying out this section, the Secretary shall col6 laborate with labor organizations, as appropriate. 

7 ‘‘(c) RESEARCH GRANTS.—In carrying out this sec8 tion, the Secretary may carry out the activities described 

9 under subsection (a) through— 

10 ‘‘(1) competitive, merit-based basic research 

11 grants to individual investigators and teams of in12 vestigators; and 

13 ‘‘(2) centers of excellence selected through a 

14 competitive, merit-based process. 

15 ‘‘(d) APPLICATION.— 

16 ‘‘(1) IN GENERAL.—An investigator, team of in17 vestigators, or an institution of higher education (or 

18 consortium thereof) seeking funding under this sec19 tion shall submit an application to the Secretary at 

20 such time, in such manner, and containing such in21 formation as the Secretary may require. 

22 ‘‘(2) RESEARCH CENTERS.—Each application 

23 under paragraph (1) from an institution of higher 

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1 plinary transportation research and development col2 laboration. 

3 ‘‘(e) RESEARCH.—At a minimum, the Secretary shall 

4 award 75 percent of awards under this program to 

5 projects for basic research. 

6 ‘‘(f) REVIEW.—Not later than September 30, 2025, 

7 the Secretary shall enter into an agreement with the Na8 tional Academies to conduct a review of the research and 

9 activities carried out under this program and assess 

10 whether such activities are consistent with subsection (a). 

11 Members of the review panel shall represent, at a min12 imum, multimodal surface transportation researchers and 

13 practitioners. 

14 ‘‘(g) REPORT.—Not later than 1 year after the date 

15 of enactment of the INVEST in America Act, and bienni16 ally thereafter, the Secretary shall provide to the Com17 mittee on Commerce, Science, and Transportation and 

18 Environment and Public Works of the Senate and the 

19 Committee on Transportation and Infrastructure and the 

20 Committee on Science, Space, and Technology of the 

21 House of Representatives a report on implementation of 

22 the program under this section and research areas that 

23 the program will support. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 $25,000,000 for each of fiscal years 2023 through 2026.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 55 of title 49, United States Code, is further 

6 amended by adding at the end the following: 

‘‘5508. Advanced transportation research and innovation program.’’. 

7 SEC. 5117. INTERAGENCY INNOVATIVE MATERIALS STAND8 ARDS TASK FORCE. 

9 (a) PURPOSES.—The purposes of this section shall 

10 be— 

11 (1) to encourage the research, design, and use 

12 of innovative materials, in concert with traditional 

13 materials, and associated techniques in the construc14 tion and preservation of the domestic infrastructure 

15 network; 

16 (2) to accelerate the deployment and extend the 

17 service life, improve the performance, and reduce the 

18 cost of infrastructure projects; and 

19 (3) to improve the economy, resilience, main20 tainability, sustainability, and safety of the domestic 

21 infrastructure network. 

22 (b) ESTABLISHMENT.— 

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

24 after the date of enactment of this Act, the Director 

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1 nology shall establish an Interagency innovative ma2 terials standards task force (referred to in this sec3 tion as the ‘‘Task Force’’) composed of the heads of 

4 Federal agencies responsible for significant civil in5 frastructure projects, including the Administrator of 

6 the Federal Highway Administration. 

7 (2) CHAIRPERSON.—The Director of the Na8 tional Institute of Standards and Technology shall 

9 serve as Chairperson of the Task Force. 

10 (c) DUTIES.—The Task Force shall coordinate and 

11 improve, with respect to infrastructure construction, retro12 fitting, rehabilitation, and other improvements— 

13 (1) Federal testing standards; 

14 (2) Federal design and use guidelines; 

15 (3) Federal regulations; and 

16 (4) other applicable standards and performance 

17 and sustainability metrics. 

18 (d) REPORT.— 

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

20 after the date of enactment of this Act, the Task 

21 Force shall conduct, and submit to the appropriate 

22 committees of Congress a report that describes the 

23 results of, a study— 


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1 (A) to assess the standards and perform2 ance metrics for the use of innovative materials 

3 in infrastructure projects; 

4 (B) to identify any barriers, regulatory or 

5 otherwise, relating to the standards described in 

6 subparagraph (A) that preclude the use of cer7 tain products or associated techniques; and 

8 (C) to identify opportunities for the devel9 opment of standardized designs and materials 

10 genome approaches that design and use innova11 tive materials to reduce costs, improve perform12 ance and sustainability, and extend the service 

13 life of infrastructure assets. 

14 (2) REPORT.—The report under paragraph (1) 

15 shall— 

16 (A) identify any non-Federal entities or 

17 other organizations, including the American As18 sociation of State Highway and Transportation 

19 Officials, that develop relevant standards; and 

20 (B) outline a strategy to improve coordina21 tion and information sharing between the enti22 ties described in subparagraph (A) and any rel23 evant Federal agencies. 

24 (e) IMPROVED COORDINATION.—Not later than 2 

25 years after the date of enactment of this Act, the Task 


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1 Force shall collaborate with any non-Federal entity identi2 fied under subsection (d)(2)(A)— 

3 (1) to identify and carry out appropriate re4 search, testing methods, and processes relating to 

5 the development and use of innovative materials; 

6 (2) to develop new methods and processes relat7 ing to the development and use of innovative mate8 rials, as the applicable agency head determines to be 

9 necessary; 

10 (3) to contribute to the development of stand11 ards, performance metrics, and guidelines for the 

12 use of innovative materials and approaches in civil 

13 infrastructure projects; 

14 (4) to develop a plan for addressing potential 

15 barriers, regulatory or otherwise, identified in sub16 section (d)(1)(B); and 

17 (5) to develop a plan for the development of 

18 standardized designs that use innovative materials to 

19 reduce costs, improve performance and sustain20 ability, and extend the service life of infrastructure 

21 assets. 

22 (f) INNOVATIVE MATERIAL DEFINED.—In this sec23 tion, the term ‘‘innovative material’’, with respect to an 

24 infrastructure project, includes those materials or com25 binations and processes for use of materials that enhance 


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1 the overall service life, sustainability, and resiliency of the 

2 project or provide ancillary benefits relative to widely 

3 adopted state of practice technologies, as determined by 

4 the appropriate Secretary or agency head. 

5 SEC. 5118. VEHICULAR DATA ANALYTICS PILOT PROGRAM. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 shall establish a pilot program for the purpose of inte8 grating vehicle on-board sensor data with public and pri9 vate data sets in existence as of the date of the enactment 

10 of this Act to improve safety, operations, cost reduction, 

11 and congestion relief strategies for local and State trans12 portation authorities and private sector partners. 

13 (b) AWARD.—In carrying out the pilot program 

14 under subsection (a), the Secretary shall make 1 or more 

15 awards to an institution of higher education or a nonprofit 

16 research organization (or a consortium thereof). 

17 (c) PARTNERSHIP.—The Secretary shall require a re18 cipient of an award under subsection (b) to seek to partner 

19 with private sector organizations and local and State 

20 transportation authorities to facilitate— 

21 (1) access to vehicle on-board sensor data; and 

22 (2) the sharing of information regarding oper23 ational needs and research and development prior24 ities from such organizations or authorities to such 

25 recipient. 


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1 (d) ACTIVITIES.—The activities of the pilot program 

2 shall include— 

3 (1) development of strategies for the acquisi4 tion, management, and analysis of large scale vehic5 ular on-board sensor data to ensure the privacy and 

6 security of such data; 

7 (2) research and development to analyze and in8 tegrate vehicle on-board sensor data with public and 

9 private data sets in existence as of the date of enact10 ment of this Act, including development of applica11 tions to address safety, operations, cost reduction, 

12 congestion mitigation, and other transportation chal13 lenges; and 

14 (3) research and development to identify solu15 tions that use on board sensor data for vehicle safety 

16 purposes, such as— 

17 (A) identifying when a vehicle has either 

18 entered or passed an exit ramp traveling in a 

19 direction opposing the legal flow of traffic; 

20 (B) employing vehicle-to-infrastructure 

21 (VI2) communications in combination with on22 board sensor data to enhance roadway safety; 

23 and 


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1 (C) developing applications to notify at2 risk drivers and law enforcement agencies of a 

3 wrong way driver in the area. 

4 (e) REPORT TO CONGRESS.—Not later than 3 years 

5 after the date of enactment of this Act, the Secretary shall 

6 submit to the Committee on Science, Space, and Tech7 nology and the Committee on Transportation and Infra8 structure of the House of Representatives and the Com9 mittee on Commerce and Transportation of the Senate a 

10 report detailing— 

11 (1) a summary of the activities of the pilot pro12 gram under subsection (a); and 

13 (2) recommendations for continuing such pilot 

14 program or integrating such pilot program into the 

15 activities of the Department of Transportation. 

16 (f) PROTECTIONS.—In carrying out this section, the 

17 Secretary shall apply all applicable privacy protections of 

18 the Department of Transportation. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out the activities 

21 of this section $4,000,000 for each of fiscal years 2023 

22 and 2024. 


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1 SEC. 5119. RESILIENT TRANSPORTATION INFRASTRUCTURE 

2 CENTERS OF EXCELLENCE. 

3 (a) CENTERS OF EXCELLENCE.—The Secretary of 

4 Transportation shall award grants to establish 5 Centers 

5 of Excellence to advance research and development that 

6 improves the resilience of regions of the United States to 

7 natural disasters, extreme weather, and the effects of cli8 mate change on surface transportation infrastructure. 

9 (b) ACTIVITIES.—In carrying out this section, the 

10 Secretary shall ensure the Centers promote resilient sur11 face transportation infrastructure through— 

12 (1) supporting the research and development of 

13 design, operations, and maintenance standards rel14 evant to surface transportation that consider exist15 ing and anticipated impacts of natural disasters, ex16 treme weather, and climate change; 

17 (2) research, development, and technology 

18 transfer of resilient materials and technologies into 

19 existing and future surface transportation infra20 structure; and 

21 (3) development and dissemination of tools, 

22 techniques, and information that informs federal, 

23 state, and local government decision-making, poli24 cies, planning, and investments. 

25 (c) CENTER COORDINATION.— 

26 (1) IN GENERAL.—The Secretary shall— 


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1 (A) coordinate activities of all five Centers 

2 to prevent duplication; and 

3 (B) promote dissemination of research 

4 among awardees. 

5 (2) PROGRAM EVALUATION AND OVERSIGHT.— 

6 The Secretary may expend not more than 1 and a 

7 half percent of the amounts made available to the 

8 Secretary to carry out this section for any coordina9 tion, evaluation, and oversight activities, of the Sec10 retary under this Section. 

11 (d) ELIGIBILITY.—An institution of higher education, 

12 as defined by section 102 of the Higher Education Act 

13 of 1965 (20 U.S.C. 1002), or a consortium of institutions 

14 of higher education shall be eligible to receive grants under 

15 this program. 

16 (e) COMPETITIVE SELECTION PROCESS.— 

17 (1) APPLICATIONS.—To receive a grant under 

18 this section, an eligible entity shall submit to the 

19 Secretary an application that is in such form and 

20 contains such information as the Secretary may re21 quire. 

22 (2) RESTRICTION.—A recipient may only re23 ceive 1 grant per fiscal year under this section. 

24 (3) SELECTION CRITERIA.—In awarding a 

25 grant under this section, the Secretary shall— 


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1 (A) give preference to the applicant’s past 

2 performance in the activities under subsection 

3 (b); 

4 (B) consider the extent to which an appli5 cant’s proposal would involve participation by 

6 local, regional, and national stakeholders; and 

7 (C) consider the local, regional, and na8 tional impacts of the applicant’s proposal. 

9 (4) LOCATION.—In awarding a grant under this 

10 section, the Secretary shall select centers located in 

11 diverse geographic regions that represent a variety 

12 of experiences with natural disasters, extreme weath13 er patterns, and climate change impacts. 

14 (f) FEDERAL SHARE.—As a condition of receiving an 

15 award under this section, an award recipient shall match 

16 50 percent of the amounts made available under the 

17 award. 

18 (g) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) IN GENERAL.—There are authorized to be 

20 appropriated to the Secretary such sums as nec21 essary for grants under this section. 

22 (2) LIMITATION ON AVAILABILITY OF

23 AMOUNTS.—Amounts made available to the Sec24 retary to carry out this section shall remain avail25 able for obligation by the Secretary for a period of 


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1 3 years after the last day of the fiscal year for which 

2 the amounts are authorized. 

3 (h) REPORTING.—In general, on a biannual basis, the 

4 Secretary shall— 

5 (1) review and evaluate the programs carried 

6 out under this section by grant recipients; and 

7 (2) submit to the Committees on Transpor8 tation and Infrastructure and Science, Space, and 

9 Technology of the House of Representatives and the 

10 Committees on Environment and Public Works and 

11 Commerce, Science, and Transportation of the Sen12 ate a report describing that review and evaluation. 

13 (i) INFORMATION COLLECTION.—Any survey, ques14 tionnaire, or interview that the Secretary determines to 

15 be necessary to carry out reporting requirements relating 

16 to any program assessment or evaluation activity under 

17 this section, including customer satisfaction assessments, 

18 shall not be subject to chapter 35 of title 44, United 

19 States Code. 

20 Subtitle B—Technology 

21 Deployment 

22 SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT 

23 PROGRAM. 

24 Section 503(c) of title 23, United States Code, is 

25 amended— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (A) by inserting ‘‘, 

3 while considering the impacts on jobs’’ after 

4 ‘‘transportation community’’; 

5 (B) in subparagraph (D) by striking ‘‘; 

6 and’’ and inserting a semicolon; 

7 (C) in subparagraph (E) by striking the 

8 period and inserting ‘‘; and’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(F) reducing greenhouse gas emissions 

11 and limiting the effects of climate change.’’; 

12 and 

13 (2) in paragraph (2)(A) by striking the period 

14 and inserting ‘‘and findings from the materials to 

15 reduce greenhouse gas emissions program under 

16 subsection (d).’’. 

17 SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOY18 MENT OF PAVEMENT TECHNOLOGIES. 

19 Section 503(c)(3) of title 23, United States Code, is 

20 amended— 

21 (1) in subparagraph (B)— 

22 (A) in clause (v) by striking ‘‘; and’’ and 

23 inserting a semicolon; 

24 (B) in clause (vi) by striking the period 

25 and inserting ‘‘; and’’; and 


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

2 ‘‘(vii) the deployment of innovative 

3 pavement designs, materials, and practices 

4 that reduce or sequester the amount of 

5 greenhouse gas emissions generated during 

6 the production of highway materials and 

7 the construction of highways, with consid8 eration for findings from the materials to 

9 reduce greenhouse gas emissions program 

10 under subsection (d).’’; 

11 (2) in subparagraph (C) by striking ‘‘fiscal 

12 years 2016 through 2020’’ and inserting ‘‘fiscal 

13 years 2023 through 2026’’; and 

14 (3) in subparagraph (D)(ii)— 

15 (A) in subclause (III) by striking ‘‘; and’’ 

16 and inserting a semicolon; 

17 (B) in subclause (IV) by striking the pe18 riod and inserting a semicolon; and 

19 (C) by adding at the end the following: 

20 ‘‘(V) pavement monitoring and 

21 data collection practices; 

22 ‘‘(VI) pavement durability and 

23 resilience; 

24 ‘‘(VII) stormwater management; 


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1 ‘‘(VIII) impacts on vehicle effi2 ciency; 

3 ‘‘(IX) the energy efficiency of the 

4 production of paving materials and 

5 the ability of paving materials to en6 hance the environment and promote 

7 sustainability; 

8 ‘‘(X) integration of renewable en9 ergy in pavement designs; and 

10 ‘‘(XI) greenhouse gas emissions 

11 reduction, including findings from the 

12 materials to reduce greenhouse gas 

13 emissions program under subsection 

14 (d).’’. 

15 SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY 

16 DAY COUNTS INITIATIVE. 

17 (a) IN GENERAL.—Chapter 5 of title 23, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 520. Every Day Counts initiative 

21 ‘‘(a) IN GENERAL.—It is in the national interest for 

22 the Department of Transportation, State departments of 

23 transportation, and all other recipients of Federal surface 

24 transportation funds— 


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1 ‘‘(1) to identify, accelerate, and deploy innova2 tion aimed at expediting project delivery; 

3 ‘‘(2) enhancing the safety of the roadways of 

4 the United States, and protecting the environment; 

5 ‘‘(3) to ensure that the planning, design, engi6 neering, construction, and financing of transpor7 tation projects is done in an efficient and effective 

8 manner; 

9 ‘‘(4) to promote the rapid deployment of proven 

10 solutions that provide greater accountability for pub11 lic investments and encourage greater private sector 

12 involvement; and 

13 ‘‘(5) to create a culture of innovation within the 

14 highway community. 

15 ‘‘(b) EVERY DAY COUNTS INITIATIVE.—To advance 

16 the policy described in subsection (a), the Administrator 

17 of the Federal Highway Administration shall continue the 

18 Every Day Counts initiative to work with States, local 

19 transportation agencies, all other recipients of Federal 

20 surface transportation funds, and industry stakeholders, 

21 including labor representatives, to identify and deploy 

22 proven innovative practices and products that— 

23 ‘‘(1) accelerate innovation deployment; 

24 ‘‘(2) expedite the project delivery process; 

25 ‘‘(3) improve environmental sustainability; 


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1 ‘‘(4) enhance roadway safety; 

2 ‘‘(5) reduce congestion; and 

3 ‘‘(6) reduce greenhouse gas emissions. 

4 ‘‘(c) CONSIDERATIONS.—In carrying out the Every 

5 Day Counts initiative, the Administrator shall consider 

6 any innovative practices and products in accordance with 

7 subsections (a) and (b), including— 

8 ‘‘(1) research results from the university trans9 portation centers program under section 5505 of 

10 title 49; and 

11 ‘‘(2) results from the materials to reduce green12 house gas emissions program in section 503(d). 

13 ‘‘(d) INNOVATION DEPLOYMENT.— 

14 ‘‘(1) IN GENERAL.—At least every 2 years, the 

15 Administrator shall work collaboratively with stake16 holders to identify a new collection of innovations, 

17 best practices, and data to be deployed to highway 

18 stakeholders through case studies, outreach, and 

19 demonstration projects. 

20 ‘‘(2) REQUIREMENTS.—In identifying a collec21 tion described in paragraph (1), the Secretary shall 

22 take into account market readiness, impacts, bene23 fits, and ease of adoption of the innovation or prac24 tice. 


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1 ‘‘(e) PUBLICATION.—Each collection identified under 

2 subsection (d) shall be published by the Administrator on 

3 a publicly available website. 

4 ‘‘(f) FUNDING.—The Secretary may use funds made 

5 available to carry out section 503(c) to carry out this sec6 tion. 

7 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed to allow the Secretary to waive any 

9 requirement under any other provision of Federal law.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 5 of title 23, United States Code, is amended by add12 ing at the end the following new item: 

‘‘520. Every Day Counts initiative.’’. 

13 (c) REPEAL.—Section 1444 of the FAST Act (23 

14 U.S.C. 101 note), and the item related to such section in 

15 the table of contents in section 1(b) of such Act, are re16 pealed. 

17 Subtitle C—Emerging Technologies 

18 SEC. 5301. MOBILITY THROUGH ADVANCED TECH19 NOLOGIES. 

20 Section 503(c)(4) of title 23, United States Code, is 

21 amended— 

22 (1) in subparagraph (A)— 

23 (A) by striking ‘‘Not later than 6 months 

24 after the date of enactment of this paragraph, 

25 the’’ and inserting ‘‘The’’; 


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1 (B) by striking ‘‘establish an advanced 

2 transportation and congestion management 

3 technologies deployment’’ and inserting ‘‘estab4 lish a mobility through advanced technologies’’; 

5 (C) by inserting ‘‘mobility,’’ before ‘‘effi6 ciency,’’; and 

7 (D) by inserting ‘‘environmental impacts,’’ 

8 after ‘‘system performance,’’; 

9 (2) in subparagraph (B)— 

10 (A) by striking clause (i) and inserting the 

11 following: 

12 ‘‘(i) reduce costs, improve return on 

13 investments, and improve person through14 put and mobility, including through the op15 timization of existing transportation capac16 ity;’’; 

17 (B) in clause (iv) by inserting ‘‘bicyclist, 

18 and’’ before ‘‘pedestrian’’; 

19 (C) in clause (vii)— 

20 (i) by inserting ‘‘increasing job oppor21 tunities,’’ after ‘‘performance,’’; and 

22 (ii) by striking ‘‘; or’’ and inserting a 

23 semicolon; 

24 (D) in clause (viii)— 


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1 (i) by striking ‘‘accelerate the deploy2 ment’’ and inserting ‘‘prepare for the safe 

3 deployment’’; and 

4 (ii) by striking the period and insert5 ing ‘‘; or’’; and 

6 (E) by adding at the end the following: 

7 ‘‘(ix) reduce greenhouse gas emissions 

8 and limit the effects of climate change.’’; 

9 (3) in subparagraph (C)— 

10 (A) in clause (ii)— 

11 (i) in subclause (II)(aa) by striking 

12 ‘‘congestion’’ and inserting ‘‘congestion 

13 and delays, greenhouse gas emissions’’; 

14 (ii) in subclause (III) by inserting 

15 ‘‘economic,’’ after ‘‘mobility,’’; and 

16 (iii) in subclause (IV) by inserting 

17 ‘‘organizations representing the surface 

18 transportation workforce,’’ after ‘‘lead19 ers,’’; and 

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

21 ‘‘(iii) CONSIDERATIONS.—An applica22 tion submitted under this paragraph may 

23 include a description of how the proposed 

24 project would support the national goals 

25 described in section 150(b), the achieveVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01244 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 ment of metropolitan and statewide targets 

2 established under section 150(d), or the 

3 improvement of transportation system ac4 cess consistent with section 150(f), includ5 ing through— 

6 ‘‘(I) the congestion and on-road 

7 mobile-source emissions performance 

8 measures established under section 

9 150(c)(5); or 

10 ‘‘(II) the greenhouse gas emis11 sions performance measures estab12 lished under section 150(c)(7).’’; 

13 (4) in subparagraph (D) by adding at the end 

14 the following: 

15 ‘‘(iv) PRIORITIZATION.—In awarding 

16 a grant under this paragraph, the Sec17 retary shall prioritize projects that, in ac18 cordance with the criteria described in sub19 paragraph (B)— 

20 ‘‘(I) improve person throughput 

21 and mobility, including through the 

22 optimization of existing transportation 

23 capacity; 

24 ‘‘(II) deliver environmental bene25 fits; 


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1 ‘‘(III) reduce the number and se2 verity of traffic crashes and increase 

3 driver, passenger, bicyclist, and pedes4 trian safety; or 

5 ‘‘(IV) reduce greenhouse gas 

6 emissions and limit the effects of cli7 mate change. 

8 ‘‘(v) GRANT DISTRIBUTION.—In each 

9 fiscal year, the Secretary shall award not 

10 fewer than 3 grants under this paragraph 

11 based on the potential of the project to re12 duce the number and severity of traffic 

13 crashes and increase, driver, passenger, bi14 cyclist, and pedestrian safety. 

15 ‘‘(vi) WORKFORCE PARTNERSHIPS.— 

16 In awarding a grant under this paragraph, 

17 the Secretary shall consider, to the extent 

18 practicable, any demonstrated partnership 

19 of the applicant with representatives of the 

20 surface transportation workforce.’’; 

21 (5) in subparagraph (E)— 

22 (A) in clause (iv) by inserting ‘‘consistent 

23 with section 5312 of title 49’’ after ‘‘systems’’; 

24 (B) 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 (C) in clause (viii) by striking ‘‘; or’’ and 

7 inserting a semicolon; 

8 (D) in clause (ix) by striking ‘‘disabled in9 dividuals.’’ and inserting ‘‘disabled individuals, 

10 including activities under section 5316 of title 

11 49;’’; and 

12 (E) 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; or 

17 ‘‘(xi) retrofitting dedicated short18 range communications technology deployed 

19 as part of an existing pilot program to cel20 lular vehicle-to-everything technology.’’; 

21 (6) by striking subparagraph (G) and inserting 

22 the following: 

23 ‘‘(G) REPORTING.— 

24 ‘‘(i) APPLICABILITY OF LAW.—The 

25 program under this paragraph shall be 


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1 subject to the accountability and oversight 

2 requirements in section 106(m). 

3 ‘‘(ii) REPORT.—Not later than 3 

4 years after the date that the first grant is 

5 awarded under this paragraph, and each 

6 year thereafter, the Secretary shall make 

7 available to the public on a website a re8 port that describes the effectiveness of 

9 grant recipients in meeting their projected 

10 deployment plans, including data provided 

11 under subparagraph (F) on how the pro12 gram has provided benefits, such as how 

13 the program has— 

14 ‘‘(I) reduced traffic-related fatali15 ties and injuries; 

16 ‘‘(II) reduced traffic congestion 

17 and improved travel time reliability; 

18 ‘‘(III) reduced transportation-re19 lated emissions; 

20 ‘‘(IV) optimized multimodal sys21 tem performance; 

22 ‘‘(V) improved access to trans23 portation alternatives; 

24 ‘‘(VI) provided the public with 

25 access to real-time integrated traffic, 


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1 transit, and multimodal transpor2 tation information to make informed 

3 travel decisions; 

4 ‘‘(VII) provided cost savings to 

5 transportation agencies, businesses, 

6 and the traveling public; 

7 ‘‘(VIII) created or maintained 

8 transportation jobs and supported 

9 transportation workers; or 

10 ‘‘(IX) provided other benefits to 

11 transportation users, workers, and the 

12 general public. 

13 ‘‘(iii) CONSIDERATIONS.—If applica14 ble, the Secretary shall ensure that the ac15 tivities described in subclauses (I) and (IV) 

16 of clause (ii) reflect— 

17 ‘‘(I) any information described in 

18 subparagraph (C)(iii) that is included 

19 by an applicant; or 

20 ‘‘(II) the project prioritization 

21 guidelines under subparagraph 

22 (D)(iv).’’; 

23 (7) in subparagraph (I) by striking ‘‘FUNDING’’ 

24 and all that follows through ‘‘the Secretary may set 

25 aside’’ and inserting the following: ‘‘FUNDING.—Of 


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1 the amounts made available to carry out this para2 graph, the Secretary may set aside’’; 

3 (8) in subparagraph (J) by striking the period 

4 at the end and inserting ‘‘, except that the Federal 

5 share of the cost of a project for which a grant is 

6 awarded under this paragraph shall not exceed 80 

7 percent.’’; 

8 (9) in subparagraph (K) by striking ‘‘amount 

9 described under subparagraph (I)’’ and inserting 

10 ‘‘funds made available to carry out this paragraph’’; 

11 (10) by striking subparagraph (M) and insert12 ing the following: 

13 ‘‘(M) GRANT FLEXIBILITY.—If, by August 

14 1 of each fiscal year, the Secretary determines 

15 that there are not enough grant applications 

16 that meet the requirements described in sub17 paragraph (C) to carry out this paragraph for 

18 a fiscal year, the Secretary shall transfer to the 

19 technology and innovation deployment pro20 gram— 

21 ‘‘(i) any of the funds made available 

22 to carry out this paragraph in a fiscal year 

23 that the Secretary has not yet awarded 

24 under this paragraph; and 


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1 ‘‘(ii) an amount of obligation limita2 tion equal to the amount of funds that the 

3 Secretary transfers under clause (i).’’; and 

4 (11) in subparagraph (N)— 

5 (A) in clause (i) by inserting ‘‘an urban6 ized area with’’ before ‘‘a population of’’; and 

7 (B) in clause (iii) by striking ‘‘a any’’ and 

8 inserting ‘‘any’’. 

9 SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PRO10 GRAM. 

11 (a) USE OF FUNDS FOR ITS ACTIVITIES.—Section 

12 513(c)(1) of title 23, United States Code, is amended by 

13 inserting ‘‘greenhouse gas emissions reduction,’’ before 

14 ‘‘and congestion management’’. 

15 (b) GOALS AND PURPOSES.—Section 514(a) of title 

16 23, United States Code, is amended— 

17 (1) in paragraph (6) by striking ‘‘national 

18 freight policy goals’’ and inserting ‘‘national 

19 multimodal freight policy goals and activities de20 scribed in subtitle IX of title 49’’; 

21 (2) by redesignating paragraphs (4), (5), and 

22 (6) as paragraphs (5), (6), and (7), respectively; and 

23 (3) by inserting after paragraph (3) the fol24 lowing: 


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1 ‘‘(4) reduction of greenhouse gas emissions and 

2 mitigation of the effects of climate change;’’. 

3 (c) GENERAL AUTHORITIES AND REQUIREMENTS.— 

4 Section 515(h) of title 23, United States Code, is amend5 ed— 

6 (1) in paragraph (2)— 

7 (A) by striking ‘‘20 members’’ and insert8 ing ‘‘25 members’’; 

9 (B) in subparagraph (A) by striking 

10 ‘‘State highway department’’ and inserting 

11 ‘‘State department of transportation’’; 

12 (C) in subparagraph (B) by striking ‘‘local 

13 highway department’’ and inserting ‘‘local de14 partment of transportation’’; 

15 (D) by striking subparagraphs (E), (F), 

16 (G), (H), (I), and (J) and inserting the fol17 lowing: 

18 ‘‘(E) a private sector representative of the 

19 intelligent transportation systems industry; 

20 ‘‘(F) a representative from an advocacy 

21 group concerned with safety, including bicycle 

22 and pedestrian interests; 

23 ‘‘(G) a representative from academia; 

24 ‘‘(H) a representative from a labor organi25 zation; and’’; 


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1 (E) in subparagraph (K) by striking ‘‘; 

2 and’’ and inserting a period; 

3 (F) by redesignating subparagraph (K) as 

4 subparagraph (I); and 

5 (G) by striking subparagraph (L); 

6 (2) in paragraph (3)— 

7 (A) in subparagraph (A) by striking ‘‘sec8 tion 508’’ and inserting ‘‘section 6503 of title 

9 49’’; 

10 (B) in subparagraph (B)— 

11 (i) in clause (ii)— 

12 (I) by inserting ‘‘in both urban 

13 and rural areas’’ after ‘‘by users’’; 

14 and 

15 (II) by striking ‘‘; and’’ and in16 serting a semicolon; 

17 (ii) in clause (iii) by striking the pe18 riod and inserting ‘‘; and’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(iv) assess how Federal transpor22 tation resources, including programs under 

23 this title, are being used to advance intel24 ligent transportation systems.’’; and 

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


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1 ‘‘(C) Convene not less frequently than 

2 twice each year, either in person or remotely.’’; 

3 (3) in paragraph (4) by striking ‘‘May 1’’ and 

4 inserting ‘‘April 1’’; and 

5 (4) in paragraph (5) by inserting ‘‘, except that 

6 section 14 of such Act shall not apply’’ before the 

7 period at the end. 

8 (d) RESEARCH AND DEVELOPMENT.—Section 516(a) 

9 of title 23, United States Code, is amended by inserting 

10 ‘‘including through grants to entities or groups of entities, 

11 such as institutions of higher education,’’ after ‘‘research 

12 and development,’’. 

13 (e) RESEARCH AND DEVELOPMENT PRIORITY

14 AREAS.—Section 516(b) of title 23, United States Code, 

15 is amended— 

16 (1) by redesignating paragraphs (5), (6), and 

17 (7) as paragraphs (6), (7), and (8), respectively; 

18 (2) by inserting after paragraph (4) the fol19 lowing: 

20 ‘‘(5) demonstrate reductions in greenhouse gas 

21 emissions;’’; 

22 (3) in paragraph (7), as so redesignated, by 

23 striking ‘‘; or’’ and inserting a semicolon; 

24 (4) in paragraph (8), as so redesignated, by 

25 striking the period and inserting a semicolon; and 


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

2 ‘‘(9) integrate existing observational networks 

3 and data management systems for road weather ap4 plications; or 

5 ‘‘(10) facilitate the interconnectivity of data 

6 and information technology systems across different 

7 observational networks and different users.’’. 

8 SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND 

9 MOBILITY INNOVATION CLEARINGHOUSE. 

10 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

11 49, United States Code, is further amended by adding at 

12 the end the following: 

13 ‘‘§ 5509. National highly automated vehicle and mo14 bility innovation clearinghouse 

15 ‘‘(a) IN GENERAL.—The Secretary shall make a 

16 grant to an institution of higher education engaged in re17 search on the secondary impacts of highly automated vehi18 cles and mobility innovation to— 

19 ‘‘(1) operate a national highly automated vehi20 cle and mobility innovation clearinghouse; 

21 ‘‘(2) collect, conduct, and fund research on the 

22 secondary impacts of highly automated vehicles and 

23 mobility innovation; 

24 ‘‘(3) make such research available on a public 

25 website; and 


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1 ‘‘(4) conduct outreach and dissemination of the 

2 information described in this subsection to assist 

3 communities. 

4 ‘‘(b) DEFINITIONS.—In this section: 

5 ‘‘(1) HIGHLY AUTOMATED VEHICLE.—The term 

6 ‘highly automated vehicle’ means a motor vehicle 

7 that is designed to be operated by a level 3 or level 

8 4 automated driving system for trips within its oper9 ational design domain or a level 5 automated driving 

10 system for all trips according to the recommended 

11 standards published in April 2021, by the Society of 

12 Automotive Engineers International 

13 (J3016l202104) or, when adopted, equivalent 

14 standards established by the Secretary under chap15 ter 301 of title 49, United States Code, with respect 

16 to automated motor vehicles. 

17 ‘‘(2) MOBILITY INNOVATION.—The term ‘mobil18 ity innovation’ means an activity described in section 

19 5316, including mobility on demand and mobility as 

20 a service (as such terms are defined in such section). 

21 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

22 The term ‘institution of higher education’ has the 

23 meaning given the term in section 101 of the Higher 

24 Education Act of 1965 (20 U.S.C. 1001). 


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1 ‘‘(4) SECONDARY IMPACTS.—The term ‘sec2 ondary impacts’ means the impacts on land use, 

3 urban design, transportation systems, real estate, 

4 accessibility, municipal budgets, social equity, avail5 ability and quality of jobs, air quality and climate, 

6 energy consumption, and the environment.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 55 of title 49, United States Code, is further amended 

9 by adding at the end the following: 

‘‘5509. National highly automated vehicle and mobility innovation clearinghouse.’’. 

10 (c) DEADLINE FOR CLEARINGHOUSE.—The Sec11 retary of Transportation shall ensure that the institution 

12 of higher education that receives the grant described in 

13 section 5509(a)(1) of title 49, United States Code, as 

14 added by subsection (a), shall establish the national highly 

15 automated vehicle clearinghouse described in such section 

16 not later than 180 days after the date of enactment of 

17 this Act. 

18 SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTO19 MATED VEHICLES AND ROAD USERS. 

20 (a) PURPOSE.—The purpose of this section shall be 

21 to ensure that the increasing deployment of automated ve22 hicles does not jeopardize the safety of road users. 

23 (b) STUDY.— 


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1 (1) ESTABLISHMENT.—Not later than 9 

2 months after the date of enactment of this Act, the 

3 Secretary of Transportation shall initiate a study on 

4 the ability of automated vehicles to safely interact 

5 with other road users. 

6 (2) CONTENTS.—In carrying out the study 

7 under paragraph (1), the Secretary shall— 

8 (A) examine the ability of automated vehi9 cles to safely interact with general road users, 

10 including vulnerable road users; 

11 (B) identify barriers to improving the safe12 ty of interactions between automated vehicles 

13 and general road users; and 

14 (C) issue recommendations to improve the 

15 safety of interactions between automated vehi16 cles and general road users, including, at a 

17 minimum— 

18 (i) technology advancements with the 

19 potential to facilitate safer interactions be20 tween automated vehicles and general road 

21 users given the safety considerations in 

22 paragraph (3); 

23 (ii) road user public awareness; and 

24 (iii) improvements to transportation 

25 planning and road design. 


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1 (3) CONSIDERATIONS.—In carrying out the 

2 study under paragraph (1), the Secretary shall take 

3 into consideration whether automated vehicles can 

4 safely operate within the surface transportation sys5 tem, including— 

6 (A) the degree to which ordinary human 

7 behaviors make it difficult for an automated ve8 hicle to safely, reliably predict human actions; 

9 (B) unique challenges for automated vehi10 cles in urban and rural areas; 

11 (C) the degree to which an automated ve12 hicle is capable of uniformly recognizing and re13 sponding to individuals with disabilities and in14 dividuals of different sizes, ages, races, and 

15 other varying characteristics; 

16 (D) for bicyclist, motorcyclist, and pedes17 trian road users— 

18 (i) the varying and non-standardized 

19 nature of bicyclist and pedestrian infra20 structure in different locations; 

21 (ii) the close proximity to motor vehi22 cles within which bicyclists often operate, 

23 including riding in unprotected bike lanes 

24 and crossing lanes to make a left turn, and 

25 the risk of such close proximity; and 


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1 (iii) roadways that lack marked bicy2 clist infrastructure, particularly in 

3 midsized and rural areas, on which 

4 bicyclists often operate; 

5 (E) for motorcyclist road users, the close 

6 proximity to other motor vehicles within which 

7 motorcyclists operate, including operating be8 tween lanes of slow or stopped traffic; and 

9 (F) depending on the level of automation 

10 of the vehicle, the degree to which human inter11 vention remains necessary to safely operate an 

12 automated vehicle to ensure the safety of gen13 eral road users in circumstances including— 

14 (i) dangerous weather; 

15 (ii) an electronic or system malfunc16 tion of the automated vehicle; and 

17 (iii) a cybersecurity threat to the op18 eration of the vehicle. 

19 (4) PUBLIC COMMENT.—Before conducting the 

20 study under paragraph (1), the Secretary shall pro21 vide an opportunity for public comment on the study 

22 proposal. 

23 (c) WORKING GROUP.— 

24 (1) ESTABLISHMENT.—Not later than 6 

25 months after the date of enactment of this Act, the 


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1 Secretary of Transportation shall establish a work2 ing group to assist in the development of the study 

3 and recommendations under subsection (b). 

4 (2) MEMBERSHIP.—The working group estab5 lished under paragraph (1) shall include representa6 tion from— 

7 (A) the National Highway Traffic Safety 

8 Administration; 

9 (B) State departments of transportation; 

10 (C) local governments (other than metro11 politan planning organizations, as such term is 

12 defined in section 134(b) of title 23, United 

13 States Code); 

14 (D) transit agencies; 

15 (E) metropolitan planning organizations 

16 (as such term is defined in section 134(b) of 

17 title 23, United States Code); 

18 (F) bicycle and pedestrian safety groups; 

19 (G) highway and automobile safety groups; 

20 (H) truck safety groups; 

21 (I) law enforcement officers and first re22 sponders; 

23 (J) motor carriers and independent owner24 operators; 

25 (K) the road construction industry; 


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1 (L) labor organizations; 

2 (M) academic experts on automated vehicle 

3 technologies; 

4 (N) manufacturers and developers of both 

5 passenger and commercial automated vehicles; 

6 (O) a motorcyclist rights group; and 

7 (P) other industries and entities as the 

8 Secretary determines appropriate. 

9 (3) DUTIES.—The working group established 

10 under paragraph (1) shall assist the Secretary by, at 

11 a minimum— 

12 (A) assisting in the development of the 

13 scope of the study under subsection (b); 

14 (B) reviewing the data and analysis from 

15 such study; 

16 (C) provide ongoing recommendations and 

17 feedback to ensure that such study reflects the 

18 contents described in paragraphs (2) and (3) of 

19 subsection (b); and 

20 (D) providing input to the Secretary on 

21 recommendations required under subsection 

22 (b)(2)(C). 

23 (4) APPLICABILITY OF THE FEDERAL ADVISORY

24 COMMITTEE ACT.—The working group under this 

25 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. SURFACE TRANSPORTATION WORKFORCE RE2 TRAINING GRANT PROGRAM. 

3 (a) ESTABLISHMENT.—The Secretary of Transpor4 tation shall establish a program to make grants to eligible 

5 entities to develop a curriculum for, and establish, trans6 portation workforce training programs in urban and rural 

7 areas to train, retrain, or upgrade the skills of surface 

8 transportation workers— 

9 (1) whose employment may be changed or wors10 ened by automation; 

11 (2) who have been separated from employment; 

12 or 

13 (3) who have received notice of impending em14 ployment loss as a result of being replaced by the 

15 use of automated vehicles. 

16 (b) ELIGIBLE ENTITIES.—The following entities 

17 shall be eligible to receive grants under this section: 

18 (1) Institutions of higher education. 

19 (2) Consortia of institutions of higher edu20 cation. 

21 (3) Nonprofit organizations with a dem22 onstrated capacity to develop and provide career 

23 pathway programs through labor-management part24 nerships, pre-apprenticeships, or registered appren25 ticeships on a nationwide basis. 

26 (4) Local governments. 


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1 (c) LIMITATION ON AWARDS.—An entity may only 

2 receive one grant in a fiscal year under this section. 

3 (d) USE OF FUNDS.— 

4 (1) IN GENERAL.—A recipient of a grant under 

5 this section may only use grant amounts for devel6 oping and carrying out training programs, includ7 ing— 

8 (A) identifying and testing new duties for 

9 existing jobs impacted by the use of automated 

10 vehicles, including mechanical work, diagnostic 

11 work, and fleet operations management; 

12 (B) educational programs, including— 

13 (i) coursework or curricula through 

14 which participants may pursue a degree or 

15 certification; and 

16 (ii) tuition and direct education ex17 penses, excluding salaries, in connection 

18 with the education and training of surface 

19 transportation workers whose jobs have 

20 been affected by the use of automated ve21 hicles; and 

22 (C) employee professional development, in23 cluding worker training or retraining, including 

24 train-the-trainer programs, to upgrade the skills 

25 of surface transportation workers whose jobs 


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1 have been affected by the use of automated ve2 hicles. 

3 (2) REPORTING.—A recipient of a grant under 

4 this section shall report to the Secretary the fol5 lowing information: 

6 (A) The sectors of the surface transpor7 tation system from which workers are being dis8 placed. 

9 (B) The skills and professions for which 

10 workers are being retrained. 

11 (C) How many workers have benefitted 

12 from a grant awarded under this section. 

13 (D) Relevant demographic information of 

14 impacted workers. 

15 (3) LIMITATION.—Funds made available under 

16 this section may not be used to evaluate the effec17 tiveness of automated vehicle technologies. 

18 (e) SELECTION CRITERIA.—In selecting grant recipi19 ents under this section, the Secretary shall consider the 

20 extent to which an applicant— 

21 (1) demonstrates the capability to develop cur22 ricula and provide training, provide retraining, or 

23 upgrade the skills of individuals described in sub24 section (a); 


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1 (2) will provide program participants with prac2 tical experience and on-the-job training; and 

3 (3) demonstrates a commitment to carry out a 

4 surface transportation workforce development pro5 gram through degree-granting programs or pro6 grams that provide other industry-recognized creden7 tials. 

8 (f) FEDERAL SHARE.— 

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

10 cost of a grant under this section shall be 100 per11 cent. 

12 (2) AVAILABILITY OF FUNDS.—For a recipient 

13 of a grant under this section carrying out activities 

14 under such grant in partnership with a public trans15 portation agency that is receiving funds under sec16 tion 5307, 5337, or 5339 of title 49, United States 

17 Code, up to 0.5 percent of amounts made available 

18 under any such section may qualify as the non-Fed19 eral share under paragraph (1). 

20 (g) REPORT REQUIREMENTS.—Not later than 60 

21 days after grants are awarded in a fiscal year under this 

22 section, the Secretary shall submit to the Committee on 

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1 fairs, and Environment and Public Works of the Senate, 

2 and make publicly available, a report that includes— 

3 (1) a list of all grant recipients for such fiscal 

4 year; 

5 (2) an explanation of why each recipient was 

6 chosen in accordance with the selection criteria 

7 under subsection (e); 

8 (3) a summary of activities planned to be car9 ried out by each recipient and how such activities re10 late to the goals established under subsection (a); 

11 (4) the grant amount awarded to each recipi12 ent; and 

13 (5) the information required to be provided to 

14 the Secretary under subsection (d)(2). 

15 (h) DEFINITIONS.—In this section: 

16 (1) AUTOMATED VEHICLE.—The term ‘‘auto17 mated vehicle’’ means a motor vehicle that is de18 signed to be operated by a level 3 or level 4 auto19 mated driving system for trips within its operational 

20 design domain or a level 5 automated driving system 

21 for all trips according to the recommended standards 

22 published in April 2021, by the Society of Auto23 motive Engineers International (J3016l9 202104) 

24 or, when adopted, equivalent standards established 

25 by the Secretary under chapter 301 of title 49, 


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1 United States Code, with respect to automated 

2 motor vehicles. 

3 (2) INSTITUTION OF HIGHER EDUCATION.—The 

4 term ‘‘institution of higher education’’ has the 

5 meaning given the term in section 101 of the Higher 

6 Education Act of 1965 (20 U.S.C. 1001). 

7 (3) PUBLIC TRANSPORTATION.—The term 

8 ‘‘public transportation’’ has the meaning given such 

9 term in section 5302 of title 49, United States Code. 

10 (4) PRE-APPRENTICESHIP.—The term ‘‘pre-ap11 prenticeship’’ means a training model or program 

12 that prepares individuals for acceptance into a reg13 istered apprenticeship and has a demonstrated part14 nership with one or more registered apprenticeships. 

15 (5) REGISTERED APPRENTICESHIP.—The term 

16 ‘‘registered apprenticeship’’ means an apprenticeship 

17 program registered under the Act of August 16, 

18 1937 (29 U.S.C. 50 et seq.; commonly known as the 

19 ‘‘National Apprenticeship Act’’), that satisfies the 

20 requirements of parts 29 and 30 of title 29, Code 

21 of Federal Regulations (as in effect on January 1, 

22 2020). 

23 (i) AUTHORIZATION OF APPROPRIATIONS.— 


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

2 appropriated $50,000,000 for each of fiscal years 

3 2023 through 2026 to carry out this section. 

4 (2) AVAILABILITY OF AMOUNTS.—Amounts 

5 made available to the Secretary to carry out this sec6 tion shall remain available for a period of 3 years 

7 after the last day of the fiscal year for which the 

8 amounts are authorized. 

9 SEC. 5306. THIRD-PARTY DATA INTEGRATION PILOT PRO10 GRAM. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of enactment of this Act, the Secretary of Transpor13 tation shall establish and implement a pilot program (in 

14 this section referred to as the ‘‘program’’) to leverage 

15 anonymous crowdsourced data from third-party entities to 

16 improve transportation management capabilities and effi17 ciency on Federal-aid highways. 

18 (b) GOALS.—The goals of the program include the 

19 utilization of anonymous crowdsourced data from third 

20 parties to implement integrated traffic management sys21 tems which leverage real-time data to provide dynamic and 

22 efficient traffic-flow management for purposes of— 

23 (1) adjusting traffic light cycle times to opti24 mize traffic management and decrease congestion; 


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1 (2) expanding or contracting lane capacity to 

2 meet traffic demand; 

3 (3) enhancing traveler notification of service 

4 conditions; 

5 (4) prioritizing high-priority vehicles such as 

6 emergency response and law enforcement within the 

7 transportation system; and 

8 (5) any other purposes which the Secretary 

9 deems an appropriate use of anonymous user data. 

10 (c) PARTNERSHIP.—In carrying out the program, the 

11 Secretary is authorized to enter into agreements with pub12 lic and private sector entities to accomplish the goals listed 

13 in subsection (b). 

14 (d) DATA PRIVACY AND SECURITY.—The Secretary 

15 shall ensure the protection of privacy for all sources of 

16 data utilized in the program, promoting cybersecurity to 

17 prevent hacking, spoofing, and disruption of connected 

18 and automated transportation systems. 

19 (e) PROGRAM LOCATIONS.—In carrying out the pro20 gram, the Secretary shall initiate programs in a variety 

21 of areas, including urban, suburban, rural, tribal, or any 

22 other appropriate settings. 

23 (f) BEST PRACTICES.—Not later than 3 years after 

24 date of enactment of this Act, the Secretary shall publicly 

25 make available best practices to leverage private user data 


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1 to support improved transportation management capabili2 ties and efficiency, including— 

3 (1) legal considerations when acquiring private 

4 user data for public purposes; and 

5 (2) protecting privacy and security of individual 

6 user data. 

7 (g) REPORT.—The Secretary shall annually submit 

8 a report to the Committee on Transportation and Infra9 structure of the House of Representatives and the Com10 mittee on Environment and Public Works of the Senate 

11 a report detailing— 

12 (1) a description of the activities carried out 

13 under the pilot program; 

14 (2) an evaluation of the effectiveness of the 

15 pilot program in meeting goals descried in sub16 section (b); 

17 (3) policy recommendations to improve integra18 tion of systems between public and private entities; 

19 and 

20 (4) a description of costs associated with equip21 ping and maintaining systems. 

22 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated such sums as are necessary 

24 to carry out the program. 


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1 (i) SUNSET.—On a date that is 5 years after the en2 actment of this Act, this program shall cease to be effec3 tive. 

4 SEC. 5307. THIRD-PARTY DATA PLANNING INTEGRATION 

5 PILOT PROGRAM. 

6 (a) IN GENERAL.—Not later than 180 days after en7 actment of this Act, the Secretary of Transportation shall 

8 establish and implement a pilot program (in this section 

9 referred to as the ‘‘program’’) to leverage anonymous 

10 crowdsourced data from third-party entities to improve 

11 transportation management capabilities and efficiency on 

12 Federal-aid highways. 

13 (b) GOALS.—The goals of the program include the 

14 utilization of anonymous crowdsourced data from third 

15 parties to— 

16 (1) utilize private-user data to inform infra17 structure planning decisions for the purposes of— 

18 (A) reducing congestion; 

19 (B) decreasing miles traveled; 

20 (C) increasing safety; 

21 (D) improving freight efficiency; 

22 (E) enhancing environmental conditions; 

23 and 

24 (F) other purposes as the Secretary deems 

25 necessary. 


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1 (c) PARTNERSHIP.—In carrying out the program, the 

2 Secretary is authorized to enter into agreements with pub3 lic and private sector entities to accomplish the goals listed 

4 in subsection (b). 

5 (d) DATA PRIVACY AND SECURITY.—The Secretary 

6 shall ensure the protection of privacy for all sources of 

7 data utilized in the program, promoting cybersecurity to 

8 prevent hacking, spoofing, and disruption of connected 

9 and automated transportation systems. 

10 (e) PROGRAM LOCATIONS.—In carrying out the pro11 gram, the Secretary shall initiate programs in a variety 

12 of areas, including urban, suburban, rural, tribal, or any 

13 other appropriate settings. 

14 (f) BEST PRACTICES.—Not later than 3 years after 

15 date of enactment of this Act, the Secretary shall publicly 

16 make available best practices to leverage private user data 

17 to support improved transportation management capabili18 ties and efficiency, including— 

19 (1) legal considerations when acquiring private 

20 user data for public purposes; and 

21 (2) protecting privacy and security of individual 

22 user data. 

23 (g) REPORT.—The Secretary shall annually submit 

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1 mittee on Environment and Public Works of the Senate 

2 a report detailing— 

3 (1) a description of the activities carried out 

4 under the pilot program; 

5 (2) an evaluation of the effectiveness of the 

6 pilot program in meeting goals descried in sub7 section (b); and 

8 (3) policy recommendations to improve the im9 plementation of anonymous crowdsourced data into 

10 planning decisions. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated such sums as are necessary 

13 to carry out the program. 

14 (i) SUNSET.—On a date that is 5 years after the en15 actment of this Act, this program shall cease to be effec16 tive. 

17 SEC. 5308. AUTOMATED COMMERCIAL VEHICLE REPORT18 ING. 

19 (a) ESTABLISHMENT.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary of Trans21 portation shall establish a repository for submitting enti22 ties to submit information to the Secretary on operations 

23 of automated commercial motor vehicles in interstate com24 merce. 


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1 (b) PURPOSES.—The purpose of this section shall be 

2 to ensure automated commercial motor vehicle safety and 

3 transparency in developing and maintaining the repository 

4 under this section. 

5 (c) INFORMATION REQUIRED.— 

6 (1) SUBMISSIONS.—Not later than 1 year after 

7 the date of enactment of this Act, the Secretary 

8 shall develop a process for submitting entities oper9 ating automated commercial motor vehicles in inter10 state commerce to provide the following information 

11 in accordance with paragraph (2): 

12 (A) The name of the submitting entity re13 sponsible for the operation of an automated 

14 commercial motor vehicle or vehicles. 

15 (B) The make, model, and weight class of 

16 such vehicle or vehicles. 

17 (C) The intended level of automation of 

18 such vehicle or vehicles, according to the tax19 onomy described in subsection (f)(1). 

20 (D) The Department of Transportation 

21 number or operating authority assigned to the 

22 submitting entity described in subparagraph 

23 (A), if applicable. 

24 (E) A list of States in which the operation 

25 of such vehicle or vehicles will occur and a list 


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1 of Federal-aid highways (as defined in section 

2 101(a) of title 23, United States Code) on 

3 which the operation will occur, as well as total 

4 miles traveled in the previous year on a bian5 nual basis. 

6 (F) Any cargo classifications or passengers 

7 to be transported in such vehicle or vehicles, in8 cluding whether the submitting entity is trans9 porting such cargo or passengers under con10 tract with another entity. 

11 (G) Documentation of training or certifi12 cations provided to any drivers, or other indi13 viduals directly involved in the performance of 

14 the dynamic driving task or fallback during op15 eration of the vehicle, if any. 

16 (H) Any fatigue management plans or 

17 work hour limitations applicable to drivers, if 

18 any, consistent with such standards of the De19 partment regarding automated commercial 

20 motor vehicle drivers. 

21 (I) Law enforcement interaction plans for 

22 automated commercial motor vehicles submitted 

23 to State transportation agencies or State and 

24 local law enforcement agencies. 

25 (J) Proof of insurance coverage. 


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1 (2) SUBMISSION AND UPDATES.— 

2 (A) IN GENERAL.—A submitting entity re3 sponsible for the operation of an automated 

4 commercial motor vehicle shall provide the in5 formation required under this subsection not 

6 later than 60 days after the Secretary has pub7 lished the notice establishing the process de8 scribed in paragraph (1). 

9 (B) MATERIAL CHANGE OF INFORMA10 TION.—The submitting entity responsible for 

11 the operation of an automated commercial 

12 motor vehicle shall notify the Secretary of any 

13 material changes to the information previously 

14 provided pursuant to this subsection on an an15 nual basis, or on a more frequent basis speci16 fied by the Secretary. 

17 (C) AMENDMENT AND CORRECTION.—If a 

18 submitting entity responsible for the operation 

19 of an automated commercial motor vehicle sub20 mits incomplete or inaccurate information pur21 suant to subsection (c), the submitting entity 

22 shall be given an opportunity to amend or cor23 rect the submission within a reasonable time24 frame to be established by the Secretary. 

25 (d) PUBLIC AVAILABILITY OF INFORMATION.— 


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1 (1) IN GENERAL.—The Secretary shall make 

2 available on a publicly accessible website of the De3 partment of Transportation the following informa4 tion on automated commercial motor vehicles: 

5 (A) The prevalence of planned operations 

6 of such vehicles. 

7 (B) The characteristics of such operations. 

8 (C) The geographic location of such oper9 ations in a safe manner that reflects only the 

10 most significant public road or roads on which 

11 the majority of the route takes place, as deter12 mined appropriate by the Secretary. 

13 (2) PROTECTION OF INFORMATION.—Any data 

14 collected under subsection (c) and made publicly 

15 available pursuant to this subsection shall be made 

16 available in a manner that— 

17 (A) precludes the connection of the data to 

18 any individual motor carrier, shipper, company, 

19 vehicle manufacturer, or other submitting entity 

20 submitting data; 

21 (B) protects the safety, privacy, and con22 fidentiality of individuals, operators, and sub23 mitting entities submitting the data; and 

24 (C) protects from disclosing— 

25 (i) trade secrets; and 


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1 (ii) information obtained from a sub2 mitting entity that is commercial or finan3 cial and privileged or confidential, in ac4 cordance with section 552(b)(4) of title 5, 

5 United States Code. 

6 (e) CRASH DATA.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this Act, the Secretary 

9 shall require submitting entities to submit informa10 tion regarding collisions which occur during the op11 eration of an automated commercial motor vehicle 

12 on public roads while the vehicle’s automated driving 

13 system is engaged, including— 

14 (A) fatalities or bodily injury to persons 

15 who, as a result of the injury, immediately re16 ceive medical treatment away from the scene of 

17 a collision involving the automated commercial 

18 motor vehicle; 

19 (B) collisions or damage to property in20 volving an automated commercial motor vehicle 

21 that results in an automated commercial motor 

22 vehicle or a motor vehicle being transported 

23 away from the scene by a tow truck or other 

24 motor vehicle; 


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1 (C) a full description of how the collision 

2 or damage to property occurred, including, if 

3 applicable, the role of the automated driving 

4 system; and 

5 (D) the mode of transportation used by 

6 any road users involved in the collision, includ7 ing general road users, as such term is defined 

8 under section 5304 of this Act. 

9 (2) DATA AVAILABILITY.—The Secretary shall 

10 ensure that any submitting entity submitting infor11 mation under this subsection that has a Department 

12 of Transportation number or operating authority 

13 from the Federal Motor Carrier Safety Administra14 tion— 

15 (A) shall be subject to safety monitoring 

16 and oversight under the Compliance, Safety, 

17 and Accountability program of the Federal 

18 Motor Carrier Safety Administration; and 

19 (B) shall be included when the Secretary 

20 restores the public availability of relevant safety 

21 data under such program under section 4202(b) 

22 of this Act. 

23 (3) RULEMAKING.— 

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

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1 retary shall initiate a rulemaking to define the 

2 term ‘‘safety incident’’, including collisions, with 

3 respect to automated commercial motor vehicle 

4 safety. 

5 (B) UPDATE.—Notwithstanding paragraph 

6 (1), the Secretary shall carry out this sub7 section to require submitting entities to submit 

8 information regarding safety incidents instead 

9 of collisions upon issuing a final rule under sub10 paragraph (A). 

11 (C) VOLUNTARY REPORTING.— 

12 (i) IN GENERAL.—To support the 

13 rulemaking under this paragraph, the Sec14 retary shall establish a mechanism through 

15 which entities may voluntarily report safety 

16 data or other information regarding auto17 mated commercial motor vehicles. 

18 (ii) USE OF DATA.—The data col19 lected under this subparagraph may only 

20 be used to support the rulemaking under 

21 this paragraph. 

22 (iii) PROTECTION FROM DISCLO23 SURE.—Data or other information sub24 mitted under this subparagraph— 


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1 (I) shall not be made publicly 

2 available; and 

3 (II) shall not be disclosed to the 

4 public by the Secretary pursuant to 

5 section 552(b)(4) of title 5, United 

6 States Code, if the data or other in7 formation is submitted to the Sec8 retary voluntarily and is not required 

9 to be submitted to the Secretary 

10 under any other provision of law. 

11 (f) DEFINITIONS.—In this section: 

12 (1) AUTOMATED COMMERCIAL MOTOR VEHI13 CLE.—The term ‘‘Automated commercial motor ve14 hicle’’ means a commercial motor vehicle (as such 

15 term is defined in section 31132 of title 49, United 

16 States Code) that is designed to be operated by a 

17 level 3 or level 4 automated driving system for trips 

18 within its operational design domain or a level 5 

19 automated driving system for all trips according to 

20 the recommended taxonomy published in April 2021, 

21 by the Society of Automotive Engineers Inter22 national (J3016l202104) or, when adopted, equiv23 alent standards established by the Secretary under 

24 chapter 301 of title 49, United States Code, with re25 spect to automated motor vehicles. 


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1 (2) BROKER.—The term ‘‘broker’’ has the 

2 meaning given such term under section 13102 of 

3 title 49, United States Code. 

4 (3) EMPLOYER.—The term ‘‘employer’’ has the 

5 meaning given such term under section 31132 of 

6 title 49, United States Code. 

7 (4) FREIGHT FORWARDER.—The term ‘‘freight 

8 forwarder’’ has the meaning given such term in sec9 tion 13102 of title 49, United States Code. 

10 (5) MOTOR CARRIER.—The term ‘‘motor car11 rier’’ has the meaning given such term in section 

12 13102 of title 49, United States Code. 

13 (6) SUBMITTING ENTITY.—The term ‘‘submit14 ting entity’’ means either— 

15 (A) a motor carrier; or 

16 (B) a company that is carrying out motor 

17 carrier-related operations in interstate com18 merce on public roads or an employer thereof, 

19 such as a motor carrier, freight forwarder, or 

20 broker. 

21 (7) TRUCK PLATOONING.—The term ‘‘truck 

22 platooning’’ means a series of commercial motor ve23 hicles traveling in a unified manner with electroni24 cally coordinated braking, acceleration, and steering 

25 with a driver in the lead commercial motor vehicle. 


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1 (g) DUPLICATIVE REPORTING.— 

2 (1) IN GENERAL.—The Secretary may not re3 quire duplicative reporting. 

4 (2) JOINT SUBMISSIONS.—Submitting entities 

5 working in partnership on the same automated com6 mercial motor vehicle operational trips shall make 1 

7 submission of the information required under this 

8 section for each general route, as determined appro9 priate by the Secretary. 

10 (3) INFORMATION.—In developing the reporting 

11 process required under subsection (c), the Secretary 

12 shall ensure, to the extent practicable, that submit13 ting entities are not required to submit information 

14 previously reported to the Secretary under chapters 

15 139 or 311 of title 49, United States Code. 

16 (h) SAVINGS PROVISION.—Nothing in this section 

17 shall add to or detract from any existing— 

18 (1) enforcement authority of the Department of 

19 Transportation; or 

20 (2) authority to operate automated commercial 

21 motor vehicles in interstate commerce on public 

22 roads. 

23 (i) PENALTIES.—An entity that violates any provi24 sion of this section shall be subject to civil penalties under 

25 section 521(b)(2)(B), of title 49, United States Code, and 


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1 criminal penalties under section 521(b)(6)(A) of such title, 

2 and any other applicable civil and criminal penalties, as 

3 determined by the Secretary. 

4 (j) TREATMENT.—In carrying out this section, the 

5 Secretary shall treat truck platooning operations the same 

6 as automated commercial motor vehicles. 

7 SEC. 5309. TASK FORCE TO PROMOTE AMERICAN VEHICLE 

8 COMPETITIVENESS. 

9 (a) IN GENERAL.—Subtitle III of title 49, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘CHAPTER 66—DOMESTIC PRODUCTION 

13 OF ELECTRIC VEHICLES 

‘‘Sec. 

‘‘6601. Task force. 

‘‘6602. Critical mineral sourcing. 

14 ‘‘§ 6601. Task force 

15 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor16 tation shall establish a Task Force to Promote American 

17 Vehicle Competitiveness (hereinafter referred to as the 

18 ‘Task Force’) in accordance with this section. 

19 ‘‘(b) MEMBERSHIP.— 

20 ‘‘(1) IN GENERAL.—The Task Force shall be 

21 composed of the following officers: 

22 ‘‘(A) The Secretary of Transportation. 

23 ‘‘(B) The Secretary of the Interior. 

24 ‘‘(C) The Secretary of Commerce. 


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1 ‘‘(D) The Secretary of Energy. 

2 ‘‘(E) The Administrator of the Environ3 mental Protection Agency. 

4 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

5 may designate additional members to serve on the 

6 Task Force. 

7 ‘‘(3) OFFICERS.—The Secretary of Transpor8 tation shall serve as Chair and may designate offi9 cials to serve as the Vice Chair, and on any working 

10 groups of the task force. 

11 ‘‘(c) DUTIES.—The Task Force shall— 

12 ‘‘(1) identify and resolve any jurisdictional or 

13 regulatory gaps or inconsistencies associated with 

14 domestic sourcing and production of electric vehicle 

15 batteries to eliminate, so far as practicable, impedi16 ments to the prompt and safe deployment of domes17 tically produced electric vehicle batteries, including 

18 with respect to safety regulation and oversight, envi19 ronmental review, and funding issues; 

20 ‘‘(2) coordinate agency oversight of nontradi21 tional and emerging electric vehicle battery sourcing 

22 and production technologies, projects, and engage23 ment with external stakeholders; 

24 ‘‘(3) within applicable statutory authority other 

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1 lish processes, solutions, and best practices for iden2 tifying, managing, and resolving issues regarding do3 mestic sourcing and production of electric vehicle 

4 batteries; and 

5 ‘‘(4) carry out such additional duties as the 

6 Secretary of Transportation may prescribe, to the 

7 extend consistent with this title. 

8 ‘‘(d) REPORT.—Not later than 12 months after the 

9 date of enactment of this section, and annually thereafter, 

10 the Task Force shall submit to the Committee on Trans11 portation and Infrastructure of the House of Representa12 tives and the Committee on the Environment and Public 

13 Works of the Senate a report containing findings on elec14 tric vehicle battery sourcing and production issues in the 

15 United States, recommended strategies or measures to 

16 streamline sourcing and production and promote Amer17 ican competitiveness, and any recommended legislative so18 lutions. 

19 ‘‘§ 6602. Critical mineral sourcing 

20 ‘‘(a) IN GENERAL.—The Secretary of Transpor21 tation, in conjunction with the Task Force to Promote 

22 American Vehicle Competitiveness, shall coordinate with 

23 the appropriate agencies to increase domestic sourcing of 

24 critical minerals and domestic production of electric vehi25 cle batteries. 


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1 ‘‘(b) DEPARTMENT COORDINATION.—The Depart2 ment of Transportation shall coordinate with the Task 

3 Force in implementing section 5339(c) and sections 151 

4 and 155 of title 23.’’. 

5 (b) CLERICAL AMENDMENT.—The table of chapters 

6 for subtitle III of title 49, United States Code, is amended 

7 by adding at the end the following new item: 

‘‘66. Domestic Production of Electric Vehicles ..................... 6601’’. 

8 SEC. 5310. MULTIMODAL TRANSPORTATION DEMONSTRA9 TION PROGRAM. 

10 (a) IN GENERAL.—Subchapter 1 of chapter 55 of 

11 title 49, United States Code, is further amended by adding 

12 at the end the following: 

13 ‘‘§ 5510. Multimodal transportation demonstration 

14 program 

15 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor16 tation may establish a pilot program for the demonstration 

17 of advanced transportation passenger surface transpor18 tation modes in small- and mid-sized communities by pro19 viding grants to entities to achieve the purposes of the 

20 national transportation research and development plan de21 scribed in section 6503. 

22 ‘‘(b) ELIGIBLE ACTIVITIES.—Activities eligible for 

23 funding under this section include data availability and 

24 interoperability, traveler support tools and services, active 

25 demand management, micro-transit, mobility-on-demand, 


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1 and micro-mobility projects to demonstrate first-mile and 

2 last-mile transportation connections to the broader trans3 portation system, and any other activity as determined ap4 propriate by the Secretary. 

5 ‘‘(c) ELIGIBILITY.—Entities eligible to receive grants 

6 under this program include State departments of trans7 portation, local governments, metropolitan planning orga8 nizations, and transit agencies serving a population of not 

9 more than 200,000 individuals, including communities of 

10 economic hardship and communities that experience trans11 portation equity and accessibility issues. 

12 ‘‘(d) APPLICATION.— 

13 ‘‘(1) IN GENERAL.—An entity seeking funding 

14 under this section shall submit an application to the 

15 Secretary at such time, in such manner, and con16 taining such information as the Secretary may re17 quire. 

18 ‘‘(2) COLLABORATION.—Each application sub19 mitted under this section shall describe how the ap20 plying entity will collaborate, as appropriate, with 

21 other entities, including institutions of higher edu22 cation, State and local governments, regional trans23 portation planning organizations, nonprofit organiza24 tions, labor organizations, or private sector entities. 

25 ‘‘(e) FUNDS.— 


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1 ‘‘(1) AUTHORIZATION.—There is authorized to 

2 be appropriated to carry out activities under this 

3 section $30,000,000 for each of fiscal years 2023 

4 through 2026. 

5 ‘‘(2) FEDERAL SHARE.—The Federal share of 

6 the cost of a project for which a grant is awarded 

7 under this section shall not exceed 80 percent. 

8 ‘‘(3) SOURCES.—The local share of the cost of 

9 a project under this section may include amounts 

10 made available to the recipient under— 

11 ‘‘(A) section 504(b) of title 23; or 

12 ‘‘(B) section 505 of title 23. 

13 ‘‘(4) ADMINISTRATION.—The Secretary may 

14 use funds made available to carry out this section 

15 for administrative costs under this section. 

16 ‘‘(f) DEFINITIONS.—In this section: 

17 ‘‘(1) MICROMOBILITY.—The term ‘micro18 mobility’ has the meaning given such term in section 

19 217 of title 23. 

20 ‘‘(2) MOBILITY ON DEMAND.—The term ‘mobil21 ity on demand’ has the meaning given such term in 

22 section 5316 of this title.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 55 of title 49, United States Code, is further 

25 amended by adding at the end the following: 

‘‘5510. Multimodal transportation demonstration program.’’. 


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1 SEC. 5311. HEAVY FREIGHT AUTOMATED TRUCKING RE2 SEARCH CORRIDOR. 

3 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

4 49, United States Code, is further amended by adding at 

5 the end the following: 

6 ‘‘§ 5511. Heavy freight automated trucking research 

7 corridor 

8 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of the INVEST in America Act, the 

10 Secretary of Transportation shall establish a heavy freight 

11 automated trucking research initiative to explore the po12 tential benefits and risks of the broad scale adoption of 

13 heavy freight automated commercial motor vehicles. 

14 ‘‘(b) RESPONSIBILITIES.—In carrying out the initia15 tive established under subsection (a), the Secretary shall— 

16 ‘‘(1) support and conduct research and develop17 ment on automated and connected freight trucking 

18 with private industry, driver associations, other Fed19 eral agencies, State and local transportation agen20 cies, and institutions of higher education; and 

21 ‘‘(2) support or establish a heavy freight auto22 mated trucking testing and demonstration corridor 

23 and related programs. 

24 ‘‘(c) RESEARCH AND DEVELOPMENT AGENDA.—The 

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1 opment conducted under subsection (b)(1) and the pro2 grams described in subsection (b)(2) that may include— 

3 ‘‘(1) analyzing, modeling, and piloting the feasi4 bility, benefits, and risks of dedicated automated 

5 trucking corridors, including any impact on— 

6 ‘‘(A) long distance freight movement; 

7 ‘‘(B) supply chains; 

8 ‘‘(C) fuel economy and emissions; 

9 ‘‘(D) transportation infrastructure; 

10 ‘‘(E) vehicle miles traveled; 

11 ‘‘(F) small business concerns (as defined in 

12 section 3 of the Small Business Act (15 U.S.C. 

13 632); 

14 ‘‘(G) the trucking industry workforce, such 

15 as any impact on pay, benefits, and working 

16 conditions in both long-haul trucking and any 

17 related driving jobs; 

18 ‘‘(H) safety, including interactions with 

19 non-automated motor vehicles and other road 

20 users; and 

21 ‘‘(I) surrounding communities; and 

22 ‘‘(2) providing deployment guidance, including 

23 for— 

24 ‘‘(A) cyber-physical security; and 

25 ‘‘(B) human factors, such as— 


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1 ‘‘(i) human-machine interfaces; 

2 ‘‘(ii) psychological impacts; 

3 ‘‘(iii) driver training; and 

4 ‘‘(iv) strategies to address any im5 pacts on the workforce, such as impacts on 

6 driver retention, wages, benefits, and work7 ing conditions within the trucking indus8 try. 

9 ‘‘(d) OUTREACH AND CONSULTATION.—In devel10 oping the research agenda under subsection (b), the Sec11 retary shall conduct outreach to, and solicit input from, 

12 public, private, and academic stakeholders, including indi13 vidual workers and labor organizations (as such terms are 

14 defined in section 2 of the National Labor Relations Act 

15 (29 U.S.C. 152)). 

16 ‘‘(e) ELIGIBILITY.—An institution of higher edu17 cation (as defined in section 102 of the Higher Education 

18 Act of 1965 (20 U.S.C. 1002)) or a consortium composed 

19 of nonprofit research organizations and institutions of 

20 higher education shall be eligible to receive grants under 

21 this section. 

22 ‘‘(f) AUTHORIZATION.—The Secretary may award 

23 grants to eligible entities described in subsection (e) to 

24 carry out this section. 


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1 ‘‘(g) SELECTION CRITERIA.—In awarding a grant 

2 under this section, the Secretary shall— 

3 ‘‘(1) give preference to the recipient’s past and 

4 current collaboration with local and State transpor5 tation agencies, other Federal agencies, private in6 dustry, and driver associations in activities related to 

7 this section; 

8 ‘‘(2) give preference to a recipient whose geo9 graphic location offers access to long-haul trucking 

10 corridors; 

11 ‘‘(3) consider the extent to which an applicant’s 

12 proposal would involve participation by local, re13 gional, and national stakeholders; and 

14 ‘‘(4) consider the local, regional, and national 

15 impacts of the applicant’s proposal. 

16 ‘‘(h) MATCHING REQUIREMENT.— 

17 ‘‘(1) IN GENERAL.—As a condition of receiving 

18 a grant under this section, a grant recipient shall 

19 match 50 percent of the costs of establishing and 

20 operating the test corridor and related activities car21 ried out by the grant recipient. 

22 ‘‘(2) SOURCES.—The matching amounts re23 ferred to in paragraph (1) may include amounts 

24 made available to the recipient under— 

25 ‘‘(A) section 504(b) of title 23; or 


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1 ‘‘(B) section 505 of title 23. 

2 ‘‘(i) TRANSPARENCY.—The results of testing and re3 search funded under this section shall be made available 

4 on a publicly accessible website of the Department of 

5 Transportation. 

6 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Secretary 

8 $6,000,000 for each of the fiscal years 2023 through 2026 

9 for activities carried out under this section. 

10 ‘‘(k) HEAVY FREIGHT AUTOMATED COMMERCIAL

11 MOTOR VEHICLE DEFINED.—In this section, the term 

12 ‘heavy freight automated commercial motor vehicle’ means 

13 a property-carrying commercial motor vehicle (as such 

14 term is defined in section 31101) that— 

15 ‘‘(1) has a gross vehicle weight rating or gross 

16 vehicle weight of at least 26,001 pounds, whichever 

17 is greater; and 

18 ‘‘(2) is designed to be operated exclusively by a 

19 Level 4 automated driving system for trips within 

20 the vehicle’s operational design domain or a Level 5 

21 automated driving system for all trips according to 

22 the recommended standards published in April 2021, 

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1 alent standards established by the Secretary with re2 spect to automated motor vehicles.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 55 of title 49, United States Code, is further amended 

5 by adding at the end the following: 

‘‘5511. Heavy freight automated trucking research corridor.’’. 

6 Subtitle D—Surface Transportation 

7 Funding Pilot Programs 

8 SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM 

9 FUNDING PILOT. 

10 Section 6020 of the FAST Act (23 U.S.C. 503 note) 

11 is amended— 

12 (1) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) ELIGIBILITY.— 

15 ‘‘(1) APPLICATION.—To be eligible for a grant 

16 under this section, a State or group of States shall 

17 submit to the Secretary an application in such form 

18 and containing such information as the Secretary 

19 may require. 

20 ‘‘(2) ELIGIBLE PROJECTS.—The Secretary may 

21 provide grants to States or a group of States under 

22 this section for the following projects: 

23 ‘‘(A) STATE PILOT PROJECTS.— 


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1 ‘‘(i) IN GENERAL.—A pilot project to 

2 demonstrate a user-based alternative rev3 enue mechanism in a State. 

4 ‘‘(ii) LIMITATION.—If an applicant 

5 has previously been awarded a grant under 

6 this section, such applicant’s proposed pilot 

7 project must be comprised of core activities 

8 or iterations not substantially similar in 

9 manner or scope to activities previously 

10 carried out by the applicant with a grant 

11 for a project under this section. 

12 ‘‘(B) STATE IMPLEMENTATION

13 PROJECTS.—A project— 

14 ‘‘(i) to implement a user-based alter15 native revenue mechanism that collects rev16 enue to be expended on projects for the 

17 surface transportation system of the State; 

18 or 

19 ‘‘(ii) that demonstrates progress to20 wards implementation of a user-based al21 ternative revenue mechanism, with consid22 eration for previous grants awarded to the 

23 applicant under this section.’’; 

24 (2) in subsection (c)— 


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1 (A) in paragraph (1) by striking ‘‘2 or 

2 more future’’; and 

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

4 ‘‘(6) To test solutions to ensure the privacy and 

5 security of data collected for the purpose of imple6 menting a user-based alternative revenue mecha7 nism.’’; 

8 (3) in subsection (d) by striking ‘‘to test the de9 sign, acceptance, and implementation of a user10 based alternative revenue mechanism’’ and inserting 

11 ‘‘to test the design and acceptance of, or implement, 

12 a user-based alternative revenue mechanism’’; 

13 (4) in subsection (g) by striking ‘‘50 percent’’ 

14 and inserting ‘‘80 percent’’; 

15 (5) in subsection (i) by inserting ‘‘and con16 taining a determination of the characteristics of the 

17 most successful mechanisms with the highest poten18 tial for future widespread deployment’’ before the 

19 period at the end; and 

20 (6) by striking subsection (j) and inserting the 

21 following: 

22 ‘‘(j) FUNDING.—Of amounts made available to carry 

23 out this section— 

24 ‘‘(1) for fiscal year 2023, $17,500,000 shall be 

25 used to carry out projects under subsection 


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1 (b)(2)(A) and $17,500,000 shall be used to carry 

2 out projects under subsection (b)(2)(B); 

3 ‘‘(2) for fiscal year 2024, $15,000,000 shall be 

4 used to carry out projects under subsection 

5 (b)(2)(A) and $20,000,000 shall be used to carry 

6 out projects under subsection (b)(2)(B); 

7 ‘‘(3) for fiscal year 2025, $12,500,000 shall be 

8 used to carry out projects under subsection 

9 (b)(2)(A) and $22,500,000 shall be used to carry 

10 out projects under subsection (b)(2)(B); and 

11 ‘‘(4) for fiscal year 2026, $10,000,000 shall be 

12 used to carry out projects under subsection 

13 (b)(2)(A) and $25,000,000 shall be used to carry 

14 out projects under subsection (b)(2)(B).’’. 

15 Subtitle E—Miscellaneous 

16 SEC. 5501. ERGONOMIC SEATING WORKING GROUP. 

17 (a) IN GENERAL.— 

18 (1) ESTABLISHMENT.—Not later than 180 days 

19 after the date of enactment of this Act, the Sec20 retary of Transportation shall convene a working 

21 group to examine the seating standards for commer22 cial drivers. 

23 (2) MEMBERS.—At a minimum, the working 

24 group shall include— 

25 (A) seat manufacturers; 


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1 (B) commercial vehicle manufacturers; 

2 (C) transit vehicle manufacturers; 

3 (D) labor representatives for the trucking 

4 industry; 

5 (E) representatives from organizations en6 gaged in collective bargaining on behalf of tran7 sit workers in not fewer than three States; and 

8 (F) musculoskeletal health experts. 

9 (b) OBJECTIVES.—The Secretary shall pursue the 

10 following objectives through the working group: 

11 (1) To identify health issues, including mus12 culoskeletal health issues, that afflict commercial 

13 drivers due to sitting for long periods of time while 

14 on duty. 

15 (2) To identify the impact that commercial ve16 hicle sizing, design, and safety measures have on 

17 women in comparison to men, and to identify de18 signs that may improve the health and safety of 

19 women drivers. 

20 (3) To identify research topics for further devel21 opment and best practices to improve seating. 

22 (4) To determine ways to incorporate improved 

23 seating into manufacturing standards for public 

24 transit vehicles and commercial vehicles. 

25 (c) REPORT.— 


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1 (1) SUBMISSION.—Not later than 18 months 

2 after the date of enactment of this Act, the working 

3 group shall submit to the Secretary, the Committee 

4 on Transportation and Infrastructure of the House 

5 of Representatives, and the Committee on Banking, 

6 Housing, and Urban Affairs and the Committee on 

7 Commerce, Science, and Transportation of the Sen8 ate a report on the findings of the working group 

9 under this section and any recommendations for the 

10 adoption of better ergonomic seating for commercial 

11 drivers. 

12 (2) PUBLICATION.—Upon receipt of the report 

13 in paragraph (1), the Secretary shall publish the re14 port on a publicly accessible website of the Depart15 ment. 

16 (d) APPLICABILITY OF FEDERAL ADVISORY COM17 MITTEE ACT.—The Advisory Committee shall be subject 

18 to the Federal Advisory Committee Act (5 U.S.C. App.). 

19 SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED 

20 STATES CODE. 

21 (a) IN GENERAL.—Section 6314 of title 49, United 

22 States Code, is repealed. 

23 (b) CONFORMING AMENDMENTS.— 


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1 (1) TITLE ANALYSIS.—The analysis for chapter 

2 63 of title 49, United States Code, is amended by 

3 striking the item relating to section 6314. 

4 (2) SECTION 6307.—Section 6307(b) of title 49, 

5 United States Code, is amended— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (A) by striking 

8 ‘‘or section 6314(b)’’; 

9 (ii) in subparagraph (B) by striking 

10 ‘‘or section 6314(b)’’; and 

11 (iii) in subparagraph (C) by striking 

12 ‘‘or section 6314(b)’’; and 

13 (B) in paragraph (2)(A) by striking ‘‘or 

14 section 6314(b)’’. 

15 SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH 

16 PROGRAM. 

17 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

18 49, United States Code, is further amended by adding at 

19 the end the following: 

20 ‘‘§ 5512. Transportation workforce outreach program 

21 ‘‘(a) IN GENERAL.—The Secretary shall establish 

22 and administer a transportation workforce outreach pro23 gram that carries out a series of public service announce24 ment campaigns during fiscal years 2023 through 2026. 


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1 ‘‘(b) PURPOSE.—The purpose of each campaign car2 ried out under the program shall be to achieve the fol3 lowing objectives: 

4 ‘‘(1) Increase awareness of career opportunities 

5 in the transportation sector, including aviation pi6 lots, safety inspectors, mechanics and technicians, 

7 maritime transportation workers, air traffic control8 lers, flight attendants, truck drivers, engineers, tran9 sit workers, railroad workers, and other transpor10 tation professionals. 

11 ‘‘(2) Increase diversity, including race, gender, 

12 ethnicity, veteran status, and socioeconomic status, 

13 of professionals in the transportation sector. 

14 ‘‘(c) ADVERTISING.—The Secretary may use, or au15 thorize the use of, funds available to carry out the pro16 gram for the development, production, and use of broad17 cast, digital, and print media advertising and outreach in 

18 carrying out campaigns under this section. 

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

20 carry out this section, there are authorized to be appro21 priated $5,000,000 for each fiscal years 2023 through 

22 2026.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 55 of title 49, United States Code, is further amended 

25 by adding at the end the following: 

‘‘5512. Transportation workforce outreach program.’’. 


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1 SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STA2 TISTICS. 

3 Section 6305 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (a), by striking ‘‘The Direc6 tor’’ and all that follows to the period and inserting 

7 ‘‘Notwithstanding section 418 of the FAA Reauthor8 ization Act of 2018 (Public Law 115–254), not later 

9 than 6 months after the date of enactment of the 

10 INVEST in America Act, the Director shall estab11 lish and consult with an advisory council on trans12 portation statistics.’’; and 

13 (2) by striking subsection (d)(3). 

14 SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PRO15 GRAMS. 

16 (a) IN GENERAL.—Not later than 2 years after the 

17 date of enactment of this Act, the Comptroller General 

18 of the United States shall submit to the Committee on 

19 Transportation and Infrastructure of the House of Rep20 resentatives and the Committee on Environment and Pub21 lic Works, the Committee on Banking, Housing, and 

22 Urban Affairs, and the Committee on Commerce, Science, 

23 and Transportation of the Senate a review of the extent 

24 to which the Secretary is considering the needs of and 

25 awarding funding through covered discretionary grant 

26 programs to projects that serve— 


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1 (1) low-income communities; 

2 (2) minority communities; and 

3 (3) populations that are underserved or have 

4 limited transportation choices. 

5 (b) RECOMMENDATIONS.—The Comptroller General 

6 shall include as part of the review under subsection (a) 

7 recommendations to the Secretary on possible means to 

8 improve consideration of projects that serve the unique 

9 needs of communities described in subsection (a)(1). 

10 (c) DEFINITION OF COVERED DISCRETIONARY

11 GRANT PROGRAM.—For purposes of this section, the term 

12 ‘‘covered discretionary grant programs’’ means the 

13 Projects of National and Regional Significance program 

14 under section 117 of title 23, the Community Transpor15 tation Investment Grant program under section 173 of 

16 such title, and the Community Climate Innovation Grant 

17 program under section 172 of such title. 

18 TITLE VI—MULTIMODAL 

19 TRANSPORTATION 

20 SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY. 

21 Section 70101(b) of title 49, United States Code, is 

22 amended— 

23 (1) in paragraph (2) by inserting ‘‘in rural and 

24 urban areas’’ after ‘‘freight transportation’’; 

25 (2) in paragraph (7)— 


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1 (A) in subparagraph (B) by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (B) by redesignating subparagraph (C) as 

4 subparagraph (D); and 

5 (C) by inserting after subparagraph (B) 

6 the following: 

7 ‘‘(C) travel within population centers; 

8 and’’; 

9 (3) in paragraph (9) by striking ‘‘; and’’ and in10 serting the following: ‘‘including— 

11 ‘‘(A) greenhouse gas emissions; 

12 ‘‘(B) local air pollution; 

13 ‘‘(C) minimizing, capturing, or treating 

14 stormwater runoff or other adverse impacts to 

15 water quality; and 

16 ‘‘(D) wildlife habitat loss;’’; 

17 (4) by redesignating paragraph (10) as para18 graph (11); and 

19 (5) by inserting after paragraph (9) the fol20 lowing: 

21 ‘‘(10) to decrease any adverse impact of freight 

22 transportation on communities located near freight 

23 facilities or freight corridors; and’’. 


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1 SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN. 

2 Section 70102(c) of title 49, United States Code, is 

3 amended by striking ‘‘shall’’ and all that follows through 

4 the end and inserting the following: ‘‘shall— 

5 ‘‘(1) update the plan and publish the updated 

6 plan on the public website of the Department of 

7 Transportation; and 

8 ‘‘(2) include in the update described in para9 graph (1)— 

10 ‘‘(A) each item described in subsection (b); 

11 and 

12 ‘‘(B) best practices to reduce the adverse 

13 environmental impacts of freight-related— 

14 ‘‘(i) greenhouse gas emissions; 

15 ‘‘(ii) local air pollution; 

16 ‘‘(iii) stormwater runoff or other ad17 verse impacts to water quality; and 

18 ‘‘(iv) wildlife habitat loss.’’. 

19 SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK. 

20 Section 70103 of title 49, United States Code, is 

21 amended— 

22 (1) in subsection (b)(2)(C) by striking ‘‘of the 

23 United States that have’’ and inserting the fol24 lowing: ‘‘of the United States that— 

25 ‘‘(i) have a total annual value of cargo 

26 of at least $1,000,000,000, as identified by 


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1 United States Customs and Border Protec2 tion and reported by the Bureau of the 

3 Census; or 

4 ‘‘(ii) have’’; and 

5 (2) in subsection (c)— 

6 (A) in paragraph (1)— 

7 (i) by redesignating subparagraphs 

8 (A) and (B) as clauses (i) and (ii), respec9 tively (and adjust the margins accord10 ingly); and 

11 (ii) by striking ‘‘Not later than 1 year 

12 after the date of enactment of this sec13 tion,’’ and inserting the following: 

14 ‘‘(A) REPORT TO CONGRESS.—Not later 

15 than 30 days after the date of enactment of the 

16 INVEST in America Act, the Secretary shall 

17 submit to the Committee on Transportation and 

18 Infrastructure of the House of Representatives 

19 and the Committee on Commerce, Science, and 

20 Transportation of the Senate a report detailing 

21 a plan to designate a final National Multimodal 

22 Freight Network, including a detailed summary 

23 of the resources within the Office of the Sec24 retary that will be dedicated to carrying out 

25 such plan. 


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1 ‘‘(B) DESIGNATION OF NATIONAL

2 MULTIMODAL FREIGHT NETWORK.—Not later 

3 than 60 days after the submission of the report 

4 described in subparagraph (A),’’; 

5 (B) in paragraph (3)(C)— 

6 (i) by inserting ‘‘and metropolitan 

7 planning organizations’’ after ‘‘States’’; 

8 and 

9 (ii) by striking ‘‘paragraph (4)’’ and 

10 inserting ‘‘paragraphs (4) and (5)’’; 

11 (C) in paragraph (4)— 

12 (i) in the header by inserting ‘‘AND

13 METROPOLITAN PLANNING ORGANIZATION’’ 

14 after ‘‘STATE’’; 

15 (ii) by redesignating subparagraph 

16 (D) as subparagraph (E); and 

17 (iii) by striking subparagraph (C) and 

18 inserting the following: 

19 ‘‘(C) CRITICAL URBAN FREIGHT FACILI20 TIES AND CORRIDORS.— 

21 ‘‘(i) AREA WITH A POPULATION OF

22 OVER 500,000.—In an urbanized area with 

23 a population of 500,000 or more individ24 uals, the representative metropolitan plan25 ning organization, in consultation with the 


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1 State, may designate a freight facility or 

2 corridor within the borders of the State as 

3 a critical urban freight facility or corridor. 

4 ‘‘(ii) AREA WITH A POPULATION OF

5 LESS THAN 500,000.—In an urbanized area 

6 with a population of less than 500,000 in7 dividuals, the State, in consultation with 

8 the representative metropolitan planning 

9 organization, may designate a freight facil10 ity or corridor within the borders of the 

11 State as a critical urban freight corridor. 

12 ‘‘(iii) DESIGNATION.—A designation 

13 may be made under subparagraph (i) or 

14 (ii) if the facility or corridor is in an ur15 banized area, regardless of population, and 

16 such facility or corridor— 

17 ‘‘(I) provides access to the pri18 mary highway freight system, the 

19 Interstate system, or an intermodal 

20 freight facility; 

21 ‘‘(II) is located within a corridor 

22 of a route on the primary highway 

23 freight system and provides an alter24 native option important to goods 

25 movement; 


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1 ‘‘(III) serves a major freight gen2 erator, logistics center, or manufac3 turing and warehouse industrial land; 

4 ‘‘(IV) connects to an inter5 national port of entry; 

6 ‘‘(V) provides access to a signifi7 cant air, rail, water, or other freight 

8 facility in the State; or 

9 ‘‘(VI) is important to the move10 ment of freight within the region, as 

11 determined by the metropolitan plan12 ning organization or the State. 

13 ‘‘(D) LIMITATION.—A State may propose 

14 additional designations to the National 

15 Multimodal Freight Network in the State in an 

16 amount that is— 

17 ‘‘(i) for a highway project, not more 

18 than 20 percent of the total mileage des19 ignated by the Under Secretary in the 

20 State; and 

21 ‘‘(ii) for a non-highway project, using 

22 a limitation determined by the Under Sec23 retary.’’; and 

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


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1 ‘‘(5) REQUIRED NETWORK COMPONENTS.—In 

2 designating or redesignating the National 

3 Multimodal Freight Network, the Under Secretary 

4 shall ensure that the National Multimodal Freight 

5 Network includes the components described in sub6 section (b)(2).’’. 

7 SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES. 

8 Section 70201(a) of title 49, United States Code, is 

9 amended by striking ‘‘and local governments’’ and insert10 ing ‘‘local governments, metropolitan planning organiza11 tions, and the departments with responsibility for environ12 mental protection and air quality of the State’’. 

13 SEC. 6005. STATE FREIGHT PLANS. 

14 Section 70202(b) of title 49, United States Code, is 

15 amended— 

16 (1) in paragraph (3)(A) by inserting ‘‘and 

17 urban’’ after ‘‘rural’’; 

18 (2) in paragraph (9) by striking ‘‘; and’’ and in19 serting a semicolon; 

20 (3) by redesignating paragraph (10) as para21 graph (12); and 

22 (4) by inserting after paragraph (9) the fol23 lowing: 

24 ‘‘(10) strategies and goals to decrease freight25 related— 


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1 ‘‘(A) greenhouse gas emissions; 

2 ‘‘(B) local air pollution; 

3 ‘‘(C) stormwater runoff or other adverse 

4 impacts to water quality; and 

5 ‘‘(D) wildlife habitat loss; 

6 ‘‘(11) strategies and goals to decrease any ad7 verse impact of freight transportation on commu8 nities located near freight facilities or freight cor9 ridors; and’’. 

10 SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE. 

11 (a) STUDY.—Not later than 90 days after the date 

12 of enactment of this Act, the Secretary of Transportation, 

13 in consultation with the Secretary of the Treasury and the 

14 Commissioner of the Internal Revenue Service, shall es15 tablish a joint task force to study the establishment and 

16 administration of a fee on multimodal freight surface 

17 transportation services. 

18 (b) CONTENTS.—The study required under sub19 section (a) shall include the following: 

20 (1) An estimation of the revenue that a fee of 

21 up to 1 percent on freight transportation services 

22 would raise. 

23 (2) An identification of the entities that would 

24 be subject to such a fee paid by the owners or sup25 pliers of cargo. 


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1 (3) An analysis of the administrative capacity 

2 of Federal agencies and freight industry participants 

3 to collect such a fee and ensure compliance with fee 

4 requirements. 

5 (4) Policy options to prevent avoidance of such 

6 a fee, including diversion of freight services to for7 eign countries. 

8 (c) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, the Secretary of Transportation 

10 shall submit to the Committee on Transportation and In11 frastructure and the Committee on Ways and Means of 

12 the House of Representatives and the Committee on Envi13 ronment and Public Works and the Committee on Finance 

14 of the Senate the study required under subsection (a). 

15 SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND IN16 NOVATIVE FINANCE BUREAU. 

17 Section 116 of title 49, United States Code, is 

18 amended— 

19 (1) in subsection (b) by striking paragraph (1) 

20 and inserting the following: 

21 ‘‘(1) to provide assistance and communicate 

22 best practices and financing and funding opportuni23 ties to eligible entities for the programs referred to 

24 in subsection (d)(1), including by— 


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1 ‘‘(A) conducting proactive outreach to com2 munities located outside of metropolitan or 

3 micropolitan statistical areas (as such areas are 

4 defined by the Office of Management and 

5 Budget) using data from the most recent decen6 nial Census; and 

7 ‘‘(B) coordinating with the Office of Rural 

8 Development of the Department of Agriculture, 

9 the Office of Community Revitalization of the 

10 Environmental Protection Agency, and any 

11 other agencies that provide technical assistance 

12 for rural communities, as determined by the 

13 Executive Director;’’; 

14 (2) by redesignating subsection (j) as sub15 section (k); and 

16 (3) by inserting after subsection (i) the fol17 lowing: 

18 ‘‘(j) ANNUAL PROGRESS REPORT.—Not later than 1 

19 year after the date of enactment of this subsection, and 

20 annually thereafter, the Executive Director shall submit 

21 to the Committee on Transportation and Infrastructure 

22 of the House of Representatives and the Committee on 

23 Environment and Public Works of the Senate a report de24 tailing— 


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1 ‘‘(1) the use of funds authorized under section 

2 605(f) of title 23; and 

3 ‘‘(2) the progress of the Bureau in carrying out 

4 the purposes described in subsection (b).’’. 

5 SEC. 6008. TRANSPORTATION EQUITY ADVISORY COM6 MITTEE. 

7 (a) ESTABLISHMENT.— 

8 (1) IN GENERAL.—Not later than 120 days 

9 after the date of enactment of this Act, the Sec10 retary of Transportation shall establish an advisory 

11 committee, to be known as the Transportation Eq12 uity Committee (referred to in this section as the 

13 ‘‘Committee’’), regarding comprehensive and inter14 disciplinary issues related to transportation equity 

15 from a variety of stakeholders in transportation 

16 planning, design, research, policy, and advocacy. 

17 (2) PURPOSE OF THE ADVISORY COMMITTEE.— 

18 The Committee established under paragraph (1) 

19 shall provide independent advice and recommenda20 tions to the Secretary on transportation equity, in21 cluding developing a strategic plan with rec22 ommendations to the Secretary on national transpor23 tation metrics and the effect on such factors as eco24 nomic development, connectivity, and public engage25 ment. 


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1 (b) DUTIES.—The Committee shall evaluate the work 

2 of the Department of Transportation in connecting people 

3 to economic and related forms of opportunity and revi4 talize communities in carrying out its strategic, research, 

5 technological, regulatory, community engagement, and 

6 economic policy activities related to transportation and op7 portunity. Decisions directly affecting implementation of 

8 transportation policy remain with the Secretary. 

9 (c) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Secretary shall appoint 

11 an odd number of members of not less than 9 but 

12 not more than 15 members (with a quorum con13 sisting of a majority of members rounded up to the 

14 nearest odd number), to include balanced represen15 tation from academia, community groups, industry 

16 and business, non-governmental organizations, State 

17 and local governments, federally recognized Tribal 

18 Governments, advocacy organizations, and indige19 nous groups with varying points of view. 

20 (2) BROAD REPRESENTATION.—To the extent 

21 practicable, members of the Committee shall reflect 

22 a variety of backgrounds and experiences, geo23 graphic diversity, including urban, rural, tribal, ter24 ritories, and underserved and marginalized commu25 nities throughout the country, and individuals with 


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1 expertise in related areas such as housing, health 

2 care, and the environment. 

3 (3) REPLACEMENT FOR NON-ACTIVE MEMBERS

4 .—The Secretary may remove a non-active member 

5 who misses 3 consecutive meetings and appoint a re6 placement to service for the period of time set forth 

7 in paragraph (5). 

8 (4) MEETINGS.—The Committee shall meet not 

9 less than 2 times each year with not more than 9 

10 months between meetings at a reasonable time, in a 

11 place accessible to the public, and in a room large 

12 enough to accommodate the Committee members, 

13 staff, and reasonable number of interested members 

14 of the public. The room in which the Committee 

15 meets shall be large enough to accommodate at least 

16 100 and shall be compliant with the Americans with 

17 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

18 (5) TERM.—Each member of the Committee 

19 shall serve a 2-year term with not more than 2 con20 secutive term reappointments, but may continue 

21 service until a replacement is appointed. 

22 (6) SUPPORT.—The Office of the Under Sec23 retary for Policy of the Department of the Depart24 ment of Transportation shall provide necessary 


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1 funding, logistics, and administrative support for the 

2 Committee. 

3 (d) APPLICATION OF FACA.—The Federal Advisory 

4 Committee Act (5 U.S.C. App.) shall apply to the Com5 mittee established under this section, with the exception 

6 of section 14 of such Act. 

7 SEC. 6009. SENSE OF CONGRESS. 

8 It is the sense of the Congress that walking, bicycling, 

9 and public transportation are complementary modes of 

10 transportation, and that pedestrian and bicycle pathways 

11 and related improvements within the right-of-way of public 

12 transportation are an appropriate use of the right-of-way 

13 for the benefit of the public, do not exceed the reasonable 

14 use of the right-of-way, and every effort should be made 

15 to support the development and safe operation of such pe16 destrian and bicycle pathways. 

17 TITLE VII—TRANSPORTATION 

18 INFRASTRUCTURE FINANCE 

19 AND INNOVATION ACT 

20 SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE 

21 AND INNOVATION ACT. 

22 (a) CREDITWORTHINESS.—Section 602(a)(2) of title 

23 23, United States Code, is amended— 

24 (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 SEC. 7002. TRANSPORTATION INFRASTRUCTURE FINANCE 

10 AND INNOVATION ACT OF 1998 TEMPORARY 

11 LOAN RELIEF DUE TO COVID–19. 

12 (a) DEFINITIONS.—In this section: 

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

14 borrower’’ means a recipient of an eligible loan ad15 ministered by the National Surface Transportation 

16 and Innovative Finance Bureau. 

17 (2) ELIGIBLE LOAN.—The term ‘‘eligible loan’’ 

18 means a loan provided on or before the date of en19 actment of this Act under a program described in 

20 subparagraph (A) or (B) of 116(d)(1) of title 49, 

21 United States Code. 

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

23 the Secretary of Transportation. 

24 (b) INTEREST RATE RESET.— 


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1 (1) IN GENERAL.—If, at any time after the 

2 date of execution of an eligible loan, the eligible bor3 rower of such eligible loan is impacted by COVID– 

4 19 and unable to generate sufficient revenues from 

5 the dedicated revenue source to pay the scheduled 

6 repayments of principal and interest on such eligible 

7 loan— 

8 (A) the eligible borrower may submit to 

9 the Secretary a request to reset the interest 

10 rate of the eligible loan in such manner and 

11 containing such information as the Secretary 

12 may require; and 

13 (B) the Secretary— 

14 (i) in accordance with such criteria as 

15 the Secretary may establish under sub16 section (d), shall determine whether the el17 igible borrower is impacted by COVID–19; 

18 and 

19 (ii) if a positive determination is made 

20 under clause (i), may reset the interest 

21 rate of such eligible loan (including 

22 through amendment of such eligible loan) 

23 to a lower interest rate equal to not less 

24 than the yield on United States Treasury 

25 securities of a similar maturity to the maVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01328 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 turity of the eligible loan on the date of the 

2 reset, in accordance with this section. 

3 (2) APPLICABILITY.—A lower interest rate pro4 vided for an eligible loan pursuant to paragraph 

5 (1)(B)(ii) shall apply until the final maturity date of 

6 the eligible loan. 

7 (c) OTHER LOAN MODIFICATIONS.—With respect to 

8 an eligible borrower impacted by COVID–19, the Sec9 retary, on determining that the eligible borrower has been 

10 impacted by COVID–19, may— 

11 (1) allow, for a maximum aggregate period of 

12 not more than 5 years, an obligor to add unpaid 

13 principal and interest to the outstanding balance of 

14 the loan, subject to the requirements under section 

15 502(j)(3)(B) of the Railroad Revitalization and Reg16 ulatory Reform Act of 1976 (45 U.S.C. 

17 822(j)(3)(B)) or section 603(c)(3)(B) of title 23, 

18 United States Code, as applicable; and 

19 (2) extend any applicable disbursement period 

20 established under an agreement for credit assistance 

21 made pursuant to section 502 of the Railroad Revi22 talization and Regulatory Reform Act of 1976 (45 

23 U.S.C. 822) or section 603 of title 23, United States 

24 Code, as applicable. 

25 (d) CRITERIA.— 


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1 (1) IN GENERAL.—To be eligible to receive a 

2 lower interest rate or other loan modification under 

3 this section, an eligible borrower shall achieve com4 pliance with such criteria as the Secretary may es5 tablish, in accordance with paragraph (2). 

6 (2) FACTORS FOR CONSIDERATION.—In estab7 lishing criteria for purposes of paragraph (1), the 

8 Secretary may take into consideration such factors 

9 as the Secretary determines to be relevant, including 

10 achieving the objectives of— 

11 (A) maintaining the operation of a project 

12 carried out by an eligible borrower in a disaster, 

13 emergency, or other extenuating circumstance; 

14 (B) mitigating the financial impact on an 

15 eligible borrower of a disaster, emergency, or 

16 other extenuating circumstance; and 

17 (C) protecting the interests of the Federal 

18 Government in critical infrastructure. 

19 (e) EFFECTIVE PERIOD.— 

20 (1) IN GENERAL.—The authority of the Sec21 retary to reset interest rates pursuant to this section 

22 shall terminate on September 30, 2022. 

23 (2) EFFECT OF SUBSECTION.—Nothing in this 

24 subsection affects any eligible loan that is modified 


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1 pursuant to this section on or before September 30, 

2 2022. 

3 SEC. 7003. FEDERAL REQUIREMENTS FOR TIFIA ELIGI4 BILITY AND PROJECT SELECTION. 

5 (a) IN GENERAL.—Section 602(c) of title 23, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(3) PAYMENT AND PERFORMANCE SECU9 RITY.— 

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

11 ensure that the design and construction of a 

12 project carried out with assistance under the 

13 TIFIA program shall have appropriate payment 

14 and performance security, regardless of whether 

15 the obligor is a State, local government, agency 

16 or instrumentality of a State or local govern17 ment, public authority, or private party. 

18 ‘‘(B) WRITTEN DETERMINATION.—If pay19 ment and performance security is required to be 

20 furnished by applicable State or local statute or 

21 regulation, the Secretary may accept such pay22 ment and performance security requirements 

23 applicable to the obligor if the Federal interest 

24 with respect to Federal funds and other project 


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1 risk related to design and construction is ade2 quately protected. 

3 ‘‘(C) NO DETERMINATION OR APPLICABLE

4 REQUIREMENTS.—If there are no payment and 

5 performance security requirements applicable to 

6 the obligor, the security under section 3131(b) 

7 of title 40 or an equivalent State or local re8 quirement, as determined by the Secretary, 

9 shall be required.’’. 

10 (b) APPLICABILITY.—The amendments made by this 

11 section shall apply with respect to any agreement for cred12 it assistance entered into on or after the date of enactment 

13 of this Act. 

14 DIVISION C—HAZARDOUS 

15 MATERIALS TRANSPORTATION 

16 SEC. 8001. SHORT TITLE. 

17 This division may be cited as the ‘‘Improving Haz18 ardous Materials Safety Act of 2021’’. 

19 TITLE I—AUTHORIZATIONS 

20 SEC. 8101. AUTHORIZATION OF APPROPRIATIONS. 

21 Section 5128 of title 49, United States Code, is 

22 amended— 

23 (1) in subsection (a) by striking paragraphs (1) 

24 through (5) and inserting the following: 

25 ‘‘(1) $75,000,000 for fiscal year 2022; 


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1 ‘‘(2) $70,000,000 for fiscal year 2023; 

2 ‘‘(3) $71,000,000 for fiscal year 2024; 

3 ‘‘(4) $73,000,000 for fiscal year 2025; and 

4 ‘‘(5) $74,000,000 for fiscal year 2026.’’; 

5 (2) in subsection (b)— 

6 (A) by striking ‘‘fiscal years 2016 through 

7 2020’’ and inserting ‘‘fiscal years 2022 through 

8 2026’’; 

9 (B) in paragraph (1) by striking 

10 ‘‘$21,988,000’’ and inserting ‘‘$24,025,000’’; 

11 and 

12 (C) in paragraph (4) by striking 

13 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; 

14 (3) in subsection (c) by striking ‘‘$4,000,000 

15 for each of fiscal years 2016 through 2020’’ and in16 serting ‘‘$5,000,000 for each of fiscal years 2022 

17 through 2026’’; 

18 (4) in subsection (d) by striking ‘‘$1,000,000 

19 for each of fiscal years 2016 through 2020’’ and in20 serting ‘‘$4,000,000 for each of fiscal years 2022 

21 through 2026’’; 

22 (5) by redesignating subsection (e) as sub23 section (f); and 

24 (6) by inserting after subsection (d) the fol25 lowing: 


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1 ‘‘(e) ASSISTANCE WITH LOCAL EMERGENCY RE2 SPONDER TRAINING GRANTS.—From the Hazardous Ma3 terials Emergency Preparedness Fund established under 

4 section 5116(h), the Secretary may expend $1,800,000 for 

5 each of fiscal years 2022 through 2026 to carry out the 

6 grant program under section 5107(j).’’. 

7 TITLE II—HAZARDOUS MATE8 RIALS SAFETY AND IMPROVE9 MENT 

10 SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED 

11 TO LITHIUM CELLS AND BATTERIES. 

12 (a) REPEAL.—Section 828 of the FAA Modernization 

13 and Reform Act of 2012 (49 U.S.C. 44701 note), and the 

14 item relating to such section in the table of contents in 

15 section 1(b) of such Act, are repealed. 

16 (b) CONFORMING AMENDMENTS.—Section 333 of the 

17 FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) 

18 is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘(A) IN GENERAL.—’’ 

22 and all that follows through ‘‘the Sec23 retary’’ and inserting ‘‘The Secretary’’; 

24 and 

25 (ii) by striking subparagraph (B); and 


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1 (B) in paragraph (2) by striking ‘‘Pursu2 ant to section 828 of the FAA Modernization 

3 and Reform Act of 2012 (49 U.S.C. 44701 

4 note), the Secretary’’ and inserting ‘‘The Sec5 retary’’; 

6 (2) by striking paragraph (4) of subsection (b); 

7 and 

8 (3) by striking paragraph (1) of subsection (h) 

9 and inserting the following: 

10 ‘‘(1) ICAO TECHNICAL INSTRUCTIONS.—The 

11 term ‘ICAO Technical Instructions’ means the Inter12 national Civil Aviation Organization Technical In13 structions for the Safe Transport of Dangerous 

14 Goods by Air.’’. 

15 (c) LITHIUM BATTERY SAFETY EVALUATION AND

16 REPORT.— 

17 (1) IN GENERAL.—Not later than 120 days 

18 after the date of enactment of this Act, the Adminis19 trator of the Pipeline and Hazardous Materials Safe20 ty Administration, in coordination with the Adminis21 trator of the Federal Aviation Administration, shall 

22 evaluate outstanding recommendations of the Na23 tional Transportation Safety Board regarding trans24 portation of lithium batteries by air. 


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1 (2) REPORT.—Not later than 180 days after 

2 the date of enactment of this Act, the Secretary of 

3 Transportation 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 on the evaluation described in paragraph (1). 

8 SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS 

9 BY RAIL TANK CAR. 

10 (a) STAY OF AUTHORIZATION FOR TRANSPORTATION

11 OF LIQUEFIED NATURAL GAS BY TANK CAR.— 

12 (1) IN GENERAL.—Any regulation authorizing 

13 the transportation of liquefied natural gas by rail 

14 tank car issued before the date of enactment of this 

15 Act shall have no force or effect until— 

16 (A) the Secretary of Transportation con17 ducts the evaluation, testing, and analysis re18 quired in subsections (b), (c), and (d); 

19 (B) the Secretary issues the report re20 quired by subsection (e); 

21 (C) the Comptroller General of the United 

22 States completes the evaluation and report re23 quired under subsection (g); and 

24 (D) the Secretary issues a final rule updat25 ing the regulation described in this paragraph 


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1 that incorporates the additional data, research, 

2 and analysis required under this section. 

3 (2) PERMIT OR APPROVAL.—The Secretary 

4 shall rescind any special permit or approval for the 

5 transportation of liquefied natural gas by rail tank 

6 car issued before the date of enactment of this Act. 

7 (b) EVALUATION.—Not later than 120 days after the 

8 date of enactment of this Act, the Administrator of the 

9 Pipeline and Hazardous Materials Safety Administration, 

10 in coordination with the Administrator of the Federal 

11 Railroad Administration, shall initiate an evaluation of the 

12 safety, security, and environmental risks of transporting 

13 liquefied natural gas by rail. 

14 (c) TESTING.—In conducting the evaluation under 

15 subsection (a), the Administrator of the Pipeline and Haz16 ardous Materials Safety Administration shall— 

17 (1) perform physical testing of rail tank cars, 

18 including, at a minimum, the DOT–113C120–W9 

19 specification, to evaluate the performance of such 

20 rail tank cars in the event of an accident or derail21 ment, including evaluation of the extent to which de22 sign and construction features such as steel thick23 ness and valve protections prevent or mitigate the 

24 release of liquefied natural gas; 


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1 (2) analyze multiple release scenarios, including 

2 derailments, front-end collisions, rear-end collisions, 

3 side-impact collisions, grade-crossing collisions, 

4 punctures, and impact of an incendiary device, at a 

5 minimum of three speeds of travel with a sufficient 

6 range of speeds to evaluate the safety, security, and 

7 environmental risks posed under real-world oper8 ating conditions; and 

9 (3) examine the effects of exposure to climate 

10 conditions across rail networks, including tempera11 ture, humidity, and any other factors that the Ad12 ministrator of the Federal Railroad Administration 

13 determines could influence performance of rail tank 

14 cars and components of such rail tank cars. 

15 (d) OTHER FACTORS TO CONSIDER.—In conducting 

16 the evaluation under subsection (b), the Administrator of 

17 the Pipeline and Hazardous Materials Safety shall evalu18 ate the impact of a discharge of liquefied natural gas from 

19 a rail tank car on public safety and the environment, and 

20 consider— 

21 (1) the safety benefits of route restrictions, 

22 speed restrictions, enhanced brake requirements, 

23 personnel requirements, rail tank car technological 

24 requirements, and other operating controls; 


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1 (2) the inclusion of consist restrictions, includ2 ing limitations on the arrangement and quantity of 

3 rail tank cars carrying liquefied natural gas in any 

4 given consist; 

5 (3) the identification of potential impact areas, 

6 and the number of homes and structures potentially 

7 endangered by a discharge in rural, suburban, and 

8 urban environments; 

9 (4) the impact of discharge on the environment, 

10 including air quality impacts; 

11 (5) the benefits of advanced notification to the 

12 Department of Transportation, State Emergency 

13 Response Commissions, and Tribal Emergency Re14 sponse Commissions of routes for moving liquefied 

15 natural gas by rail tank car; 

16 (6) how first responders respond to an incident, 

17 including the extent to which specialized equipment 

18 or training would be required and the cost to com19 munities for acquiring any necessary equipment or 

20 training; 

21 (7) whether thermal radiation could occur from 

22 a discharge; 

23 (8) an evaluation of the rail tank car authorized 

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1 mination of whether specific safety enhancements or 

2 new standards are necessary to ensure the safety of 

3 rail transport of liquefied natural gas; and 

4 (9) the risks posed by the transportation of liq5 uefied natural gas by International Organization for 

6 Standardization containers authorized by the Fed7 eral Railroad Administration. 

8 (e) REPORT.—Not later than 2 years after the date 

9 of enactment of this Act, the Secretary of Transportation 

10 shall submit to the Committee on Transportation and In11 frastructure of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate, and make available to the public— 

14 (1) a report based on the evaluation and testing 

15 conducted under subsections (b) and (c), which shall 

16 include the results of the evaluation and testing and 

17 recommendations for mitigating or eliminating the 

18 safety, security, environmental, and other risks of an 

19 accident or incident involving the transportation of 

20 liquefied natural gas by rail; and 

21 (2) a complete list of all research related to the 

22 transportation of liquefied natural gas by rail con23 ducted by the Federal Railroad Administration, the 

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1 ment since 2010 that includes, for each research 

2 item— 

3 (A) the title of any reports or studies pro4 duced with respect to the research; 

5 (B) the agency, entity, or organization per6 forming the research; 

7 (C) the names of all authors and co-au8 thors of any report or study produced with re9 spect to the research; and 

10 (D) the date any related report was pub11 lished or is expected to publish. 

12 (f) DATA COLLECTION.—The Administrator of the 

13 Federal Railroad Administration and the Administrator of 

14 the Pipeline and Hazardous Materials Safety Administra15 tion shall collect any relevant data or records necessary 

16 to complete the evaluation required by subsection (b). 

17 (g) GAO REPORT.—After the evaluation required by 

18 subsection (b) has been completed, the Comptroller Gen19 eral shall conduct an independent evaluation to verify that 

20 the Federal Railroad Administration and the Pipeline and 

21 Hazardous Materials Safety Administration complied with 

22 the requirements of this Act, and transmit to the Com23 mittee on Transportation and Infrastructure of the House 

24 of Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate a report on the 

2 findings of such independent evaluation. 

3 (h) FUNDING.—From the amounts made available 

4 for fiscal year 2022 under section 5128(a) of title 49, 

5 United States Code, the Secretary shall expend not less 

6 than $4,000,000 and not more than $6,000,000 to carry 

7 out the evaluation under subsection (a). 

8 SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIRE9 MENTS AND GRANTS. 

10 Section 5107 of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(j) ASSISTANCE WITH LOCAL EMERGENCY RE13 SPONDER TRAINING.—The Secretary shall establish a pro14 gram to make grants, on a competitive basis, to nonprofit 

15 organizations to develop hazardous materials response 

16 training for emergency responders and make such training 

17 available electronically or in person.’’. 

18 SEC. 8204. LITHIUM BATTERY APPROVAL. 

19 (a) IN GENERAL.—Chapter 51 of title 49, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 5129. Lithium battery approval 

23 ‘‘(a) APPROVAL TO TRANSPORT CERTAIN BATTERIES

24 IN COMMERCE.—A person may not transport in commerce 


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1 a specified lithium battery that is determined by the Sec2 retary to be a high safety or security risk unless— 

3 ‘‘(1) the manufacturer of such battery receives 

4 an approval from the Secretary; and 

5 ‘‘(2) the manufacture of such battery meets the 

6 requirements of this section and the regulations 

7 issued under subsection (d). 

8 ‘‘(b) TERM OF APPROVAL.—An approval granted to 

9 a manufacturer under this section shall not exceed 5 

10 years. 

11 ‘‘(c) APPROVAL PROCESS.—To receive an approval 

12 for a specified lithium battery under this section, a manu13 facturer shall— 

14 ‘‘(1) allow the Secretary, or an entity des15 ignated by the Secretary, to inspect the applicant’s 

16 manufacturing process and procedures; 

17 ‘‘(2) bear the cost of any inspection carried out 

18 under paragraph (1); and 

19 ‘‘(3) develop and implement, with respect to the 

20 manufacture of such battery— 

21 ‘‘(A) a comprehensive quality management 

22 program; and 

23 ‘‘(B) appropriate product identification, 

24 marking, documentation, lifespan, and tracking 

25 measures. 


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1 ‘‘(d) REGULATIONS REQUIRED.—Not later than 2 

2 years after the date of enactment of this section, the Sec3 retary shall issue regulations to carry out this section. 

4 Such regulations shall include— 

5 ‘‘(1) parameters for, and a process for receiv6 ing, an approval under this section; and 

7 ‘‘(2) a determination of the types of specified 

8 lithium batteries that pose a high safety or security 

9 risk in transport, including battery or cell type, size, 

10 and energy storage capacity. 

11 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed— 

13 ‘‘(1) to affect any provision, limitation, or pro14 hibition with respect to the transportation of a speci15 fied lithium battery in effect as of the date of enact16 ment of this section; or 

17 ‘‘(2) to authorize transportation of any such 

18 battery if such transportation is not already author19 ized as of the date of enactment of this section. 

20 ‘‘(f) SPECIFIED LITHIUM BATTERY DEFINED.—In 

21 this section, the term ‘specified lithium battery’ means— 

22 ‘‘(1) a lithium ion cell or battery; or 

23 ‘‘(2) a lithium metal cell or battery.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 51 of title 49, United States Code, is amended by add3 ing at the end the following: 

‘‘5129. Lithium battery approval.’’. 

4 SEC. 8205. TRANSPORTATION OF CARBON DIOXIDE. 

5 The Secretary of Transportation may not propose, 

6 issue, or enforce any rule, regulation, or guidance that 

7 prohibits the bulk transportation of captured carbon diox8 ide, in solid, liquid, or gaseous form, by pipeline, rail, or 

9 ship. 

10 SEC. 8206. SEISMICITY. 

11 (a) IN GENERAL.—Not later than 90 days after the 

12 date of enactment of this section, the Secretary of Trans13 portation, in consultation with the Federal Energy Regu14 latory Commission, shall enter into an agreement with the 

15 National Academy of Sciences under which the National 

16 Academy of Sciences shall prepare a report containing— 

17 (1) the results of a study that— 

18 (A) evaluates the current Federal require19 ments for pipeline facility design, siting, con20 struction, operation and maintenance, and in21 tegrity management, relating to seismicity, land 

22 subsidence, landslides, slope instability, frost 

23 heave, soil settlement, erosion, and other dy24 namic geologic conditions that may pose a safe25 ty risk; 


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1 (B) identifies any discrepancy in such re2 quirements that apply to operators of gas pipe3 line facilities and hazardous liquid pipeline fa4 cilities; and 

5 (C) identifies any deficiencies in industry 

6 practices related to such requirements; and 

7 (2) any recommendations of the National Acad8 emy of Sciences based on such results. 

9 (b) REPORT TO CONGRESS.—Upon completion of the 

10 report prepared pursuant to subsection (a), the National 

11 Academy of Sciences shall submit to the Secretary of 

12 Transportation, the Committee on Transportation and In13 frastructure of the House of Representatives, the Com14 mittee on Energy and Commerce of the House of Rep15 resentatives, and the Committee on Commerce, Science, 

16 and Transportation of the Senate the report. 

17 (c) PIPELINE FACILITIES.—In this section, the term 

18 ‘‘pipeline facility’’ has the meaning given that term in sec19 tion 60101 of title 49, United States Code. 

20 DIVISION D—RAIL 

21 SEC. 9001. SHORT TITLE. 

22 This division may be cited as the ‘‘Transforming Rail 

23 by Accelerating Investment Nationwide Act’’ or the 

24 ‘‘TRAIN Act’’. 


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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. 

14 (2) NATIONAL NETWORK.—There are author15 ized to be appropriated to the Secretary for the use 

16 of Amtrak for activities associated with the National 

17 Network the following amounts: 

18 (A) For fiscal year 2022, $3,500,000,000. 

19 (B) For fiscal year 2023, $3,600,000,000. 

20 (C) For fiscal year 2024, $3,700,000,000. 

21 (D) For fiscal year 2025, $3,800,000,000. 

22 (E) For fiscal year 2026, $3,900,000,000. 

23 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec24 retary may withhold up to one-half of one percent annually 


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1 from the amounts made available under subsection (a) for 

2 oversight. 

3 (c) AMTRAK COMMON BENEFIT COSTS FOR STATE4 SUPPORTED ROUTES.— For fiscal year 2022, if funds are 

5 made available under subsection (a)(2) in excess of the 

6 amounts authorized for fiscal year 2020 under section 

7 11101(b) of the FAST Act (Public Law 114–94), Amtrak 

8 shall use up to $250,000,000 of the excess funds to defray 

9 the share of operating costs of Amtrak’s national assets 

10 (as such term is defined in section 24320(c)(5) of title 

11 49, United States Code) and corporate services (as such 

12 term is defined pursuant to section 24317(b) of title 49, 

13 United States Code) that is allocated to the State-sup14 ported services. After the update of the cost methodology 

15 policy required under section 24712(a)(7)(B) of title 49, 

16 United States Code, is implemented, there are authorized 

17 to be appropriated to the Secretary for the use of Amtrak 

18 such sums as may be necessary for each of the fiscal years 

19 2023 through 2026 for the implementation of the updated 

20 policy. 

21 (d) STATE-SUPPORTED ROUTE COMMITTEE.—Of the 

22 funds made available under subsection (a)(2), the Sec23 retary may make available up to $4,000,000 for each fis24 cal year for the State-Supported Route Committee estab25 lished under section 24712 of title 49, United States Code. 


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1 (e) NORTHEAST CORRIDOR COMMISSION.—Of the 

2 funds made available under subsection (a)(1), the Sec3 retary may make available up to $6,000,000 for each fis4 cal year for the Northeast Corridor Commission estab5 lished under section 24905 of title 49, United States Code. 

6 (f) AUTHORIZATION OF APPROPRIATIONS FOR AM7 TRAK OFFICE OF INSPECTOR GENERAL.—There are au8 thorized to be appropriated to the Office of Inspector Gen9 eral of Amtrak the following amounts: 

10 (1) For fiscal year 2022, $26,500,000. 

11 (2) For fiscal year 2023, $27,000,000. 

12 (3) For fiscal year 2024, $27,500,000. 

13 (4) For fiscal year 2025, $28,000,000. 

14 (5) For fiscal year 2026, $28,500,000. 

15 (g) PASSENGER RAIL IMPROVEMENT, MODERNIZA16 TION, AND EXPANSION GRANTS.— 

17 (1) There are authorized to be appropriated to 

18 the Secretary to carry out section 22906 of title 49, 

19 United States Code, the following amounts: 

20 (A) For fiscal year 2022, $5,800,000,000. 

21 (B) For fiscal year 2023, $5,900,000,000. 

22 (C) For fiscal year 2024, $6,000,000,000. 

23 (D) For fiscal year 2025, $6,100,000,000. 

24 (E) For fiscal year 2026, $6,200,000,000. 


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1 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

2 Secretary may withhold up to 1 percent of the total 

3 amount appropriated under paragraph (1) for the 

4 costs of program management oversight, including 

5 providing technical assistance and project planning 

6 guidance, of grants carried out under section 22906 

7 of title 49, United States Code. 

8 (3) HIGH-SPEED RAIL CORRIDOR PLANNING.— 

9 The Secretary shall withhold at least 4 percent of 

10 funding in paragraph (1) for the purposes described 

11 in section 22906(a)(1)(B) of title 49, United States 

12 Code. Any funds withheld by this paragraph that re13 main unobligated at the end of the fiscal year fol14 lowing the fiscal year in which such funds are made 

15 available may be used for any eligible project under 

16 section 22906 of such title. 

17 (h) CONSOLIDATED RAIL INFRASTRUCTURE AND

18 SAFETY IMPROVEMENTS.— 

19 (1) IN GENERAL.—There are authorized to be 

20 appropriated to the Secretary to carry out section 

21 22907 of title 49, United States Code, the following 

22 amounts: 

23 (A) For fiscal year 2022, $1,200,000,000. 

24 (B) For fiscal year 2023, $1,300,000,000. 

25 (C) For fiscal year 2024, $1,400,000,000. 


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1 (D) For fiscal year 2025, $1,500,000,000. 

2 (E) For fiscal year 2026, $1,600,000,000. 

3 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

4 Secretary may withhold up to 2 percent of the total 

5 amount appropriated under paragraph (1) for the 

6 costs of program management oversight, including 

7 providing technical assistance and project planning 

8 guidance, of grants carried out under section 22907 

9 of title 49, United States Code. 

10 (3) RAIL SAFETY PUBLIC AWARENESS.—Of the 

11 amounts made available under paragraph (1), the 

12 Secretary may make available up to $5,000,000 for 

13 each of fiscal years 2022 through 2026 to make 

14 grants under section 22907(o) of title 49, United 

15 States Code. 

16 (4) RAILROAD TRESPASSING ENFORCEMENT.— 

17 Of the amounts made available under paragraph (1), 

18 the Secretary may make available up to $250,000 

19 for each of fiscal years 2022 through 2026 to make 

20 grants under section 22907(p) of title 49, United 

21 States Code. 

22 (5) RAILROAD TRESPASSING SUICIDE PREVEN23 TION.—Of the amounts made available under para24 graph (1), the Secretary may make available up to 

25 $1,000,000 for each of fiscal years 2022 through 


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1 2026 to make grants under section 22907(q) of title 

2 49, United States Code. 

3 (i) BRIDGES, STATIONS, AND TUNNELS GRANTS.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Secretary to carry out section 

6 22909 of title 49, United States Code, the following 

7 amounts: 

8 (A) For fiscal year 2022, $4,800,000,000. 

9 (B) For fiscal year 2023, $4,900,000,000. 

10 (C) For fiscal year 2024, $5,000,000,000. 

11 (D) For fiscal year 2025, $5,100,000,000. 

12 (E) For fiscal year 2026, $5,200,000,000. 

13 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

14 Secretary may withhold up to one half of 1 percent 

15 of the total amount appropriated under paragraph 

16 (1) for the costs of program management oversight, 

17 including providing technical assistance and project 

18 planning guidance, of grants carried out under sec19 tion 22909 of title 49, United States Code. 

20 (j) RAILROAD REHABILITATION AND IMPROVEMENT

21 FINANCING.— 

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated to the Secretary for payment of credit 

24 risk premiums in accordance with section 502(f)(1) 

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1 form Act of 1976 (45 U.S.C. 822(f)(1)) the fol2 lowing amounts, to remain available until expended: 

3 (A) For fiscal year 2022, $160,000,000. 

4 (B) For fiscal year 2023, $170,000,000. 

5 (C) For fiscal year 2024, $180,000,000. 

6 (D) For fiscal year 2025, $190,000,000. 

7 (E) For fiscal year 2026, $200,000,000. 

8 (2) REFUND OF PREMIUM.—There are author9 ized to be appropriated to the Secretary 

10 $70,000,000 to repay the credit risk premium under 

11 section 502 of the Railroad Revitalization and Regu12 latory Reform Act of 1976 (45 U.S.C. 822) for each 

13 loan in cohort 3, as defined by the memorandum to 

14 the Office of Management and Budget of the De15 partment of Transportation dated November 5, 

16 2018, with interest accrued thereon, not later than 

17 60 days after the date on which all obligations at18 tached to each such loan have been satisfied. For 

19 each such loan for which obligations have been satis20 fied as of the date of enactment of this Act, the Sec21 retary shall repay the credit risk premium of each 

22 such loan, with interest accrued thereon, not later 

23 than 60 days after the date of the enactment of this 

24 Act. 

25 (k) RESTORATION AND ENHANCEMENT GRANTS.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to the Secretary to carry out section 

3 22908 of title 49, United States Code, $20,000,000 

4 for each of fiscal years 2022 through 2026. 

5 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

6 Secretary may withhold up to 1 percent from the 

7 total amounts appropriated under paragraph (1) for 

8 the costs of project management oversight of grants 

9 carried out under section 22908 of title 49, United 

10 States Code. 

11 (l) GRADE CROSSING SEPARATION GRANTS.— 

12 (1) IN GENERAL.—There are authorized to be 

13 appropriated to the Secretary to carry out section 

14 22912 of title 49, United States Code, (as added by 

15 section 9551 of this Act) the following amounts: 

16 (A) For fiscal year 2022, $450,000,000. 

17 (B) For fiscal year 2023, $475,000,000. 

18 (C) For fiscal year 2024, $500,000,000. 

19 (D) For fiscal year 2025, $525,000,000. 

20 (E) For fiscal year 2026, $550,000,000. 

21 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

22 Secretary may withhold up to 2 percent from the 

23 total amounts appropriated under paragraph (1) for 

24 the costs of project management oversight, including 

25 providing technical assistance and project planning 


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1 guidance, of grants carried out under section 22912 

2 of title 49, United States Code. 

3 (m) AUTHORIZATION OF APPROPRIATIONS TO THE

4 FEDERAL RAILROAD ADMINISTRATION.—Section 20117 

5 of title 49, United States Code, is amended to read as 

6 follows: 

7 ‘‘§ 20117. Authorization of appropriations 

8 ‘‘(a) SAFETY AND OPERATIONS.— 

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

10 appropriated to the Secretary of Transportation for 

11 the operations of the Federal Railroad Administra12 tion and to carry out railroad safety activities au13 thorized or delegated to the Administrator— 

14 ‘‘(A) $290,500,000 for fiscal year 2022; 

15 ‘‘(B) $303,300,000 for fiscal year 2023; 

16 ‘‘(C) $316,100,000 for fiscal year 2024; 

17 ‘‘(D) $324,400,000 for fiscal year 2025; 

18 and 

19 ‘‘(E) $332,900,000 for fiscal year 2026. 

20 ‘‘(2) AUTOMATED TRACK INSPECTION PROGRAM

21 AND DATA ANALYSIS.—From the funds made avail22 able under paragraph (1) for each of fiscal years 

23 2022 through 2026, not more than $17,000,000 

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1 spection. Such funds shall remain available until ex2 pended. 

3 ‘‘(3) STATE PARTICIPATION GRANTS.—Amounts 

4 made available under paragraph (1) for grants 

5 under section 20105(e) shall remain available until 

6 expended. 

7 ‘‘(4) REGIONAL PLANNING GUIDANCE.—The 

8 Secretary may withhold up to $20,000,000 from the 

9 amounts made available for each fiscal year under 

10 paragraph (1) to facilitate and provide guidance for 

11 regional planning processes, including not more than 

12 $500,000 annually for each interstate rail compact. 

13 ‘‘(5) RAILROAD SAFETY INSPECTORS.— 

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

15 ensure that the number of full-time equivalent 

16 railroad safety inspection personnel employed 

17 by the Office of Railroad Safety of the Federal 

18 Railroad Administration does not fall below the 

19 following: 

20 ‘‘(i) 379 for fiscal year 2022; 

21 ‘‘(ii) 403 for fiscal year 2023; 

22 ‘‘(iii) 422 for fiscal year 2024; 

23 ‘‘(iv) 424 for fiscal year 2025; and 

24 ‘‘(v) 426 for fiscal year 2026. 


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1 ‘‘(B) CONSIDERATION.—In meeting the 

2 minimum railroad safety inspector levels under 

3 subparagraph (A), the Secretary shall consider 

4 the ability of railroad safety inspectors to ana5 lyze railroad safety data. 

6 ‘‘(C) FUNDING.—From the amounts made 

7 available to the Secretary under subsection 

8 (a)(1), the Secretary shall use the following 

9 amounts to carry out subparagraph (A): 

10 ‘‘(i) $3,244,104 for fiscal year 2022. 

11 ‘‘(ii) $6,488,208 for fiscal year 2023. 

12 ‘‘(iii) $9,056,457 for fiscal year 2024. 

13 ‘‘(iv) $9,326,799 for fiscal year 2025. 

14 ‘‘(v) $9,597,141 for fiscal year 2026. 

15 ‘‘(6) OTHER SAFETY PERSONNEL.— 

16 ‘‘(A) INCREASE IN NUMBER OF SUPPORT

17 EMPLOYEES.—The Secretary shall, for each of 

18 fiscal years 2022 and 2023, increase by 10 the 

19 total number of full-time equivalent employees 

20 working as specialists, engineers, or analysts in 

21 the field supporting inspectors compared to the 

22 number of such employees employed in the pre23 vious fiscal year. 

24 ‘‘(B) FUNDING.—From the amounts made 

25 available to the Secretary under subsection 


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1 (a)(1), the Secretary shall use the following 

2 amounts to carry out subparagraph (A): 

3 ‘‘(i) $1,631,380 for fiscal year 2022. 

4 ‘‘(ii) $3,262,760 for fiscal year 2023. 

5 ‘‘(iii) $3,262,760 for fiscal year 2024. 

6 ‘‘(iv) $3,262,760 for fiscal year 2025. 

7 ‘‘(v) $3,262,760 for fiscal year 2026. 

8 ‘‘(b) RAILROAD RESEARCH AND DEVELOPMENT.— 

9 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to the Sec11 retary of Transportation for necessary expenses for 

12 carrying out railroad research and development ac13 tivities the following amounts which shall remain 

14 available until expended: 

15 ‘‘(A) $67,000,000 for fiscal year 2022. 

16 ‘‘(B) $69,000,000 for fiscal year 2023. 

17 ‘‘(C) $71,000,000 for fiscal year 2024. 

18 ‘‘(D) $73,000,000 for fiscal year 2025. 

19 ‘‘(E) $75,000,000 for fiscal year 2026. 

20 ‘‘(2) SHORT LINE SAFETY.—From funds made 

21 available under paragraph (1) for each of fiscal 

22 years 2022 through 2026, the Secretary may expend 

23 not more than $4,000,000— 

24 ‘‘(A) for grants to improve safety practices 

25 and training for Class II and Class III freight, 


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1 commuter, and intercity passenger railroads; 

2 and 

3 ‘‘(B) to develop safety management sys4 tems for Class II and Class III freight, com5 muter, and intercity passenger railroads 

6 through the continued development of safety 

7 culture assessments, transportation emergency 

8 response plans, training and education, out9 reach activities, best practices for trespassing 

10 prevention and employee trauma response, and 

11 technical assistance. 

12 ‘‘(3) UNIVERSITY RAIL CLIMATE INNOVATION

13 INSTITUTE.— 

14 ‘‘(A) IN GENERAL.—Of the amounts made 

15 available under paragraph (1), the Secretary 

16 may make available up to $20,000,000 for each 

17 of fiscal years 2022 through 2026 to establish 

18 the University Rail Climate Innovation Institute 

19 under section 22913. 

20 ‘‘(B) PROJECT MANAGEMENT OVER21 SIGHT.—The Secretary may withhold up to 1 

22 percent from the total amounts appropriated 

23 under subparagraph (A) for the costs of project 

24 management oversight of the grant carried out 

25 under section 22913. 


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1 ‘‘(4) SUICIDE PREVENTION RESEARCH FUND2 ING.—From funds made available under paragraph 

3 (1) for each of fiscal years 2022 through 2026, the 

4 Secretary may make available not less than 

5 $1,000,000 for human factors research undertaken 

6 by the Federal Railroad Administration, including 

7 suicide countermeasure evaluation, data exploration 

8 and quality improvement, and other initiatives as ap9 propriate.’’. 

10 (n) LIMITATION ON FINANCIAL ASSISTANCE FOR

11 STATE-OWNED ENTERPRISES.— 

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

13 section and the amendments made by this section 

14 may not be used in awarding a contract, sub15 contract, grant, or loan to an entity that is owned 

16 or controlled by, is a subsidiary of, or is otherwise 

17 related legally or financially to a corporation based 

18 in a country that— 

19 (A) is identified as a nonmarket economy 

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

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

22 the date of enactment of this 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 finan9 cially’’ does not include a minority relationship or in10 vestment. 

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 (o) RAIL TRUST FUND.— 

16 (1) IN GENERAL.— 

17 (A) FUNDING.—Beginning on the date on 

18 which a rail trust fund is established, any 

19 amounts made available under subsections (a), 

20 (g), (h), (i), (j)(1), (k), and (l) shall be derived 

21 from such fund. 

22 (B) RAIL TRUST FUND DEFINED.—In this 

23 subsection, the term ‘‘rail trust fund’’ means a 

24 trust fund established under the Internal Rev25 enue Code of 1986 for making certain expendiVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01361 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tures for the benefit of rail and for crediting 

2 certain taxes and penalties collected relating to 

3 rail. 

4 (2) SENSE OF COMMITTEE ON NEED FOR RAIL

5 TRUST FUND.—The following is the sense of the 

6 Committee on Transportation and Infrastructure of 

7 the House of Representatives: 

8 (A) There is a discrepancy in historical 

9 Federal investment between highways, aviation, 

10 and intercity passenger rail. Between 1949 and 

11 2017, the Federal Government invested more 

12 than $2 trillion in our nation’s highways and 

13 over $777 billion in aviation. The Federal Gov14 ernment has invested $96 billion in intercity 

15 passenger rail, beginning in 1971 with the cre16 ation of the National Railroad Passenger Cor17 poration. Intercity passenger rail Federal in18 vestment is only 12 percent of Federal aviation 

19 investment and less than 5 percent of Federal 

20 highway investment. 

21 (B) Congress has recognized the value and 

22 importance of a predictable, dedicated funding 

23 source through a trust fund for all other modes 

24 of transportation including for aviation, high25 ways, transit, and waterways. The Highway 


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1 Trust Fund was created in 1956. The Airport 

2 and Aviation Trust Fund was created in 1970. 

3 The Inland Waterways Trust Fund was created 

4 in 1978. Mass transit was added to the High5 way Trust Fund in 1983. The Harbor Mainte6 nance Trust Fund was created in 1986. With 

7 regard to Federal transportation investment, 

8 only intercity passenger and freight rail do not 

9 have a predictable, dedicated funding source 

10 through a trust fund. 

11 (C) The Federal Railroad Administration 

12 has identified more than $300 billion worth of 

13 investment needed to develop both high-speed 

14 and higher speed intercity passenger rail cor15 ridors around the United States. In addition, a 

16 Federal Railroad Administration report from 

17 2014 found that shortline and regional rail18 roads need $7 billion of investment. The North19 east Corridor has a $40 billion state of good re20 pair backlog. 

21 (D) A rail trust fund would provide a pre22 dictable, dedicated funding source to high-speed 

23 and intercity passenger rail projects and for the 

24 public benefits of shortline and regional railroad 

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1 sential longer term funding certainty to allow 

2 the United States to develop quality intercity 

3 passenger rail service in corridors across the 

4 country, eliminate the state of good repair 

5 backlog on the Northeast Corridor, allow for ac6 cessible equipment and stations for passengers 

7 with disabilities, move more freight on rail, re8 develop an American passenger rail car manu9 facturing base, create good paying, middle class 

10 jobs, and reduce our nation’s transportation 

11 carbon emissions. 

12 SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZA13 TION, AND EXPANSION GRANTS. 

14 (a) IN GENERAL.—Section 22906 of title 49, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 22906. Passenger rail improvement, modernization, 

17 and expansion grants 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) ESTABLISHMENT.—The Secretary of 

20 Transportation shall establish a program to make 

21 grants to eligible applicants for— 

22 ‘‘(A) capital projects that— 

23 ‘‘(i) provide high-speed rail or inter24 city rail passenger transportation; 


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1 ‘‘(ii) improve high-speed rail or inter2 city rail passenger performance, including 

3 congestion mitigation, reliability improve4 ments, achievement of on-time perform5 ance standards established under section 

6 207 of the Rail Safety Improvement Act of 

7 2008 (49 U.S.C. 24101 note), reduced trip 

8 times, increased train frequencies, higher 

9 operating speeds, electrification, and other 

10 improvements, as determined by the Sec11 retary; and 

12 ‘‘(iii) expand or establish high-speed 

13 rail or intercity rail passenger transpor14 tation and facilities; or 

15 ‘‘(B) corridor planning activities for high16 speed rail described in section 26101(b). 

17 ‘‘(2) PURPOSES.—Grants under this section 

18 shall be for projects that improve mobility, oper19 ational performance, or growth of high-speed rail or 

20 intercity rail passenger transportation. 

21 ‘‘(b) DEFINITIONS.—In this section: 

22 ‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible 

23 applicant’ means— 

24 ‘‘(A) a State; 

25 ‘‘(B) a group of States; 


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1 ‘‘(C) an Interstate Compact; 

2 ‘‘(D) a public agency or publicly chartered 

3 authority established by 1 or more States; 

4 ‘‘(E) a political subdivision of a State; 

5 ‘‘(F) Amtrak, acting on its own behalf or 

6 under a cooperative agreement with 1 or more 

7 States; or 

8 ‘‘(G) an Indian Tribe. 

9 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

10 project’ means— 

11 ‘‘(A) a project or program for acquiring, 

12 constructing, or improving— 

13 ‘‘(i) passenger rolling stock; 

14 ‘‘(ii) infrastructure assets, including 

15 tunnels, bridges, stations, track and track 

16 structures, communication and signaliza17 tion improvements; and 

18 ‘‘(iii) a facility of use in or for the pri19 mary benefit of high-speed or intercity rail 

20 passenger transportation; 

21 ‘‘(B) project planning, development, de22 sign, engineering, location surveying, mapping, 

23 environmental analysis or studies; 

24 ‘‘(C) acquiring right-of-way or payments 

25 for rail trackage rights agreements; 


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1 ‘‘(D) making highway-rail grade crossing 

2 improvements related to high-speed rail or 

3 intercity rail passenger transportation service; 

4 ‘‘(E) electrification; 

5 ‘‘(F) mitigating environmental impacts, in6 cluding through advance mitigation; or 

7 ‘‘(G) a project relating to other assets de8 termined appropriate by the Secretary. 

9 ‘‘(3) INTERCITY RAIL PASSENGER TRANSPOR10 TATION.—The term ‘intercity rail passenger trans11 portation’ has the meaning given such term in sec12 tion 24102. 

13 ‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 

14 rail’ has the meaning given such term in section 

15 26105. 

16 ‘‘(5) STATE.—The term ‘State’ means each of 

17 the 50 States and the District of Columbia. 

18 ‘‘(6) SOCIALLY DISADVANTAGED INDIVID19 UALS.—The term ‘socially disadvantaged individuals’ 

20 has the meaning given the term ‘socially and eco21 nomically disadvantaged individuals’ in section 8(d) 

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

23 ‘‘(c) PROJECT REQUIREMENTS.— 


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1 ‘‘(1) REQUIREMENTS.—To be eligible for a 

2 grant under this section, an eligible applicant shall 

3 demonstrate that such applicant has or will have— 

4 ‘‘(A) the legal, financial, and technical ca5 pacity to carry out the project; 

6 ‘‘(B) satisfactory continuing control over 

7 the use of the equipment or facilities that are 

8 the subject of the project; and 

9 ‘‘(C) an agreement in place for mainte10 nance of such equipment or facilities. 

11 ‘‘(2) HIGH-SPEED RAIL REQUIREMENTS.— 

12 ‘‘(A) CORRIDOR PLANNING ACTIVITIES.— 

13 Notwithstanding paragraph (1), the Secretary 

14 shall evaluate projects described in subsection 

15 (a)(1)(B) based on the criteria under section 

16 26101(c). 

17 ‘‘(B) HIGH-SPEED RAIL PROJECT RE18 QUIREMENTS.—To be eligible for a grant for a 

19 high-speed rail project, an eligible applicant 

20 shall demonstrate compliance with section 

21 26106(e)(2)(A). 

22 ‘‘(d) PROJECT SELECTION CRITERIA.— 

23 ‘‘(1) PRIORITY.—In selecting a project for a 

24 grant under this section, the Secretary shall give 

25 preference to projects that— 


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1 ‘‘(A) are supported by multiple States or 

2 are included in a multi-state regional plan or 

3 planning process; 

4 ‘‘(B) achieve environmental benefits such 

5 as a reduction in greenhouse gas emissions or 

6 an improvement in local air quality; or 

7 ‘‘(C) improve service to and investment in 

8 socially disadvantaged individuals. 

9 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In select10 ing an applicant for a grant under this section, the 

11 Secretary shall consider— 

12 ‘‘(A) the proposed project’s anticipated im13 provements to high-speed rail or intercity rail 

14 passenger transportation, including anticipated 

15 public benefits on the— 

16 ‘‘(i) effects on system and service per17 formance; 

18 ‘‘(ii) effects on safety, competitive19 ness, reliability, trip or transit time, and 

20 resilience; 

21 ‘‘(iii) overall transportation system, 

22 including efficiencies from improved inte23 gration with other modes of transportation 

24 or benefits associated with achieving modal 

25 shifts; 


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1 ‘‘(iv) ability to meet existing, antici2 pated, or induced passenger or service de3 mand; and 

4 ‘‘(v) projected effects on regional and 

5 local economies along the corridor, includ6 ing increased competitiveness, productivity, 

7 efficiency, and economic development; 

8 ‘‘(B) the eligible applicant’s past perform9 ance in developing and delivering similar 

10 projects; 

11 ‘‘(C) if applicable, the consistency of the 

12 project with planning guidance and documents 

13 set forth by the Secretary or required by law; 

14 and 

15 ‘‘(D) if applicable, agreements between all 

16 stakeholders necessary for the successful deliv17 ery of the project. 

18 ‘‘(3) ADDITIONAL SCREENING FOR HIGH-SPEED

19 RAIL.—In selecting an applicant for a grant under 

20 this section, for high-speed rail projects, the Sec21 retary shall, in addition to the application of para22 graphs (1) and (2), apply the selection and consider23 ation criteria described in subparagraphs (B) and 

24 (C) of section 26106(e)(2). 

25 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 


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1 ‘‘(1) TOTAL PROJECT COST ESTIMATE.—The 

2 Secretary shall estimate the total cost of a project 

3 under this section based on the best available infor4 mation, including engineering studies, studies of eco5 nomic feasibility, environmental analyses, and infor6 mation on the expected use of equipment or facili7 ties. 

8 ‘‘(2) FEDERAL SHARE.—The Federal share of 

9 total project costs under this section shall not exceed 

10 90 percent. 

11 ‘‘(3) TREATMENT OF REVENUE.—Applicants 

12 may use ticket and other revenues generated from 

13 operations and other sources to satisfy the non-Fed14 eral share requirements. 

15 ‘‘(f) LETTERS OF INTENT.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

17 maximum extent practicable, issue a letter of intent 

18 to a recipient of a grant under this section that— 

19 ‘‘(A) announces an intention to obligate, 

20 for a project under this section, an amount that 

21 is not more than the amount stipulated as the 

22 financial participation of the Secretary in the 

23 project, regardless of authorized amounts; and 

24 ‘‘(B) states that the contingent commit25 ment— 


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1 ‘‘(i) is not an obligation of the Fed2 eral Government; and 

3 ‘‘(ii) is subject to the availability of 

4 appropriations for grants under this sec5 tion and subject to Federal laws in force or 

6 enacted after the date of the contingent 

7 commitment. 

8 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

9 ‘‘(A) IN GENERAL.—Not later than 3 days 

10 before issuing a letter of intent under para11 graph (1), the Secretary shall submit written 

12 notification to— 

13 ‘‘(i) the Committee on Transportation 

14 and Infrastructure of the House of Rep15 resentatives; 

16 ‘‘(ii) the Committee on Appropriations 

17 of the House of Representatives; 

18 ‘‘(iii) the Committee on Appropria19 tions of the Senate; and 

20 ‘‘(iv) the Committee on Commerce, 

21 Science, and Transportation of the Senate. 

22 ‘‘(B) CONTENTS.—The notification sub23 mitted under subparagraph (A) shall include— 

24 ‘‘(i) a copy of the letter of intent; 


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1 ‘‘(ii) the criteria used under sub2 section (d) for selecting the project for a 

3 grant; and 

4 ‘‘(iii) a description of how the project 

5 meets such criteria. 

6 ‘‘(g) APPROPRIATIONS REQUIRED.—An obligation 

7 may be made under this section only when amounts are 

8 appropriated for such purpose. 

9 ‘‘(h) AVAILABILITY.—Amounts made available to 

10 carry out this section shall remain available until ex11 pended. 

12 ‘‘(i) GRANT CONDITIONS.—Except as specifically pro13 vided in this section, the use of any amounts appropriated 

14 for grants under this section shall be subject to the grant 

15 conditions under section 22905, except that the domestic 

16 buying preferences of section 24305(f) shall apply to Am17 trak in lieu of the requirements of section 22905(a).’’. 

18 (b) CLERICAL AMENDMENT.—The item relating to 

19 section 22906 in the analysis for chapter 229 of title 49, 

20 United States Code, is amended to read as follows: 

‘‘22906. Passenger rail improvement, modernization, and expansion grants.’’. 

21 (c) DEFINITION OF SATISFACTORY CONTINUING

22 CONTROL.—Section 22901 of title 49, United States 

23 Code, is amended by adding at the end the following: 

24 ‘‘(4) SATISFACTORY CONTINUING CONTROL.— 

25 The term ‘satisfactory continuing control’ means the 


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1 continuing ability to utilize and ensure maintenance 

2 of an asset as a result of full or partial ownership, 

3 lease, operating or other enforceable contractual 

4 agreements, or statutory access rights.’’. 

5 SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND 

6 SAFETY IMPROVEMENT GRANTS. 

7 Section 22907 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) in the matter preceding paragraph (1) 

11 by striking ‘‘The following’’ and inserting ‘‘Ex12 cept as provided in subsections (o), (p), and (q), 

13 the following’’; 

14 (B) in paragraph (1) by inserting ‘‘or the 

15 District of Columbia’’ before the period; 

16 (C) in paragraph (10) by striking ‘‘trans17 portation center’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(12) A commuter authority (as such term is 

20 defined in section 24102). 

21 ‘‘(13) An Indian Tribe.’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (1) by inserting ‘‘and up24 grades’’ after ‘‘Deployment’’; 

25 (B) by striking paragraph (2); 


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1 (C) by redesignating paragraphs (3) 

2 through (12) as paragraphs (2) through (11), 

3 respectively; 

4 (D) in paragraph (2), as so redesignated, 

5 by inserting ‘‘or safety’’ after ‘‘address conges6 tion’’; 

7 (E) in paragraph (3), as so redesignated, 

8 by striking ‘‘identified by the Secretary’’ and all 

9 that follows through ‘‘rail transportation’’ and 

10 inserting ‘‘to improve service or facilitate rider11 ship growth in intercity rail passenger transpor12 tation or commuter rail passenger transpor13 tation (as such term is defined in section 

14 24102)’’; 

15 (F) in paragraph (4), as so redesignated, 

16 by inserting ‘‘to establish new quiet zones or’’ 

17 after ‘‘engineering improvements’’; 

18 (G) in paragraph (9), as so redesignated, 

19 by inserting ‘‘, including for suicide prevention 

20 and other rail trespassing prevention’’ before 

21 the period; 

22 (3) in subsection (e)— 

23 (A) by striking paragraph (1) and insert24 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), or a rail carrier (as such 

3 term is defined in section 10102(5) of title 49, 

4 United States Code) with demonstrated support 

5 from at least one of such entities for high-speed 

6 rail activities described in section 26101 or 

7 26106 of title 49, United States Code.’’ at the 

8 end; 

9 (B) in paragraph (3) by striking subpara10 graph (C) and inserting the following: 

11 ‘‘(C) An investment-grade rating on the di12 rect loan or loan guarantee, as applicable, if the 

13 total amount of the direct loan or loan guar14 antee is less than $100,000,000. 

15 ‘‘(D) In the case of a total amount of a di16 rect loan or loan guarantee greater than 

17 $100,000,000, an investment-grade rating from 

18 at least 2 rating agencies on the direct loan or 

19 loan guarantee, or an investment-grade rating 

20 on the direct loan or loan guarantee and a pro21 jection of freight or passenger demand for the 

22 project based on regionally developed economic 

23 forecasts, including projections of any modal di24 version resulting from the project.’’; and 

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


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1 ‘‘(5) REPAYMENT OF CREDIT RISK PRE2 MIUMS.—The Secretary shall return credit risk pre3 miums paid, and interest accrued thereon, to the 

4 original source when all obligations of a loan or loan 

5 guarantee have been satisfied. This paragraph ap6 plies to any project that has been granted assistance 

7 under this section after the date of enactment of the 

8 TRAIN Act.’’; and 

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

10 ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 

11 provided under this section shall be used as the non-Fed12 eral share of project costs under this title and title 49 if 

13 such loan is repayable from non-Federal funds. 

14 ‘‘(o) BUY AMERICA.— 

15 ‘‘(1) IN GENERAL.—In awarding direct loans or 

16 loan guarantees under this section, the Secretary 

17 shall require each recipient to comply with section 

18 22905(a) of title 49, United States Code. 

19 ‘‘(2) SPECIFIC COMPLIANCE.—Notwithstanding 

20 paragraph (1), the Secretary shall require— 

21 ‘‘(A) Amtrak to comply with section 

22 24305(f) of title 49, United States Code; and 

23 ‘‘(B) a commuter authority (as defined in 

24 section 24102 of title 49, United States Code) 


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1 to comply with section 5320 of title 49, United 

2 States Code.’’. 

3 (b) GUIDANCE.—Not later than 9 months after the 

4 date of enactment of this Act, the Secretary shall publish 

5 guidance that provides applicants for assistance under sec6 tion 502 of the Railroad Revitalization and Regulatory Re7 form Act of 1976 (45 U.S.C. 822) information regarding 

8 the types of data, assumptions, and other factors typically 

9 used to calculate credit risk premiums required under sub10 section (f) of such section. Such guidance shall include in11 formation to help applicants understand how different fac12 tors may increase or decrease such credit risk premiums. 

13 SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) 

14 GRANT PROGRAM. 

15 (a) IN GENERAL.—Chapter 229 of title 49, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 22909. Bridges, stations, and tunnels (BeST) grant 

19 program 

20 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

21 shall establish a program (in this section referred to as 

22 the ‘BeST Program’) to provide grants to eligible entities 

23 for major capital projects included in the BeST Inventory 

24 established under subsection (b) for rail bridges, stations, 


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1 and tunnels that are publicly owned or owned by Amtrak 

2 to make safety, capacity, and mobility improvements. 

3 ‘‘(b) BEST INVENTORY.— 

4 ‘‘(1) ESTABLISHMENT.—Not later than 120 

5 days after the date of enactment of the TRAIN Act, 

6 the Secretary shall establish, and publish on the 

7 website of the Department of Transportation an in8 ventory (in this section referred to as the ‘BeST In9 ventory’) for publicly owned and Amtrak owned 

10 major capital projects designated by the Secretary to 

11 be eligible for funding under this section. The BeST 

12 Inventory shall include major capital projects to ac13 quire, refurbish, rehabilitate, or replace rail bridges, 

14 stations, or tunnels and any associated and co-lo15 cated projects. 

16 ‘‘(2) CONSIDERATIONS.—In selecting projects 

17 for inclusion in the BeST Inventory, the Secretary 

18 shall give priority to projects that provide the most 

19 benefit for intercity passenger rail service in relation 

20 to estimated costs and that are less likely to secure 

21 all of the funding required from other sources. 

22 ‘‘(3) UPDATES TO BEST INVENTORY.—Every 2 

23 years after the establishment of the BeST Inventory 

24 under paragraph (1), the Secretary shall update the 


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1 BeST Inventory and include it in its annual budget 

2 justification. 

3 ‘‘(4) ELIGIBILITY FOR BEST INVENTORY.— 

4 Projects included in the BeST Inventory— 

5 ‘‘(A) shall be— 

6 ‘‘(i) consistent with the record of deci7 sion issued by the Federal Railroad Ad8 ministration in July 2017 titled ‘NEC FU9 TURE: A Rail Investment Plan for the 

10 Northeast Corridor’ (known as the ‘Se11 lected Alternative’); 

12 ‘‘(ii) consistent with the most recent 

13 service development plan under section 

14 24904(a) (hereinafter in this section re15 ferred to as the ‘Service Development 

16 Plan’); and 

17 ‘‘(iii) located in a territory for which 

18 a cost allocation policy is maintained pur19 suant to section 24905(c); or 

20 ‘‘(B) shall be consistent with a multi-state 

21 regional planning document equivalent to the 

22 document referred to in subparagraph (A)(ii) 

23 with a completed Tier I environmental review of 

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1 ronmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.). 

3 ‘‘(5) PROJECT FUNDING SEQUENCING.—The 

4 Secretary shall determine the order of priority for 

5 projects in the BeST Inventory based on projects 

6 identified in paragraph (4) and project management 

7 plans as described in subsection (d). The Secretary 

8 may alter the BeST Inventory as necessary if eligi9 ble entities are not carrying out the schedule identi10 fied in the Inventory. 

11 ‘‘(6) TERMS.—The Secretary shall ensure the 

12 BeST Inventory establishes, for each project in13 cluded in such Inventory— 

14 ‘‘(A) the roles and terms of participation 

15 by any railroad bridge, station, or tunnel own16 ers and railroad carriers in the project; and 

17 ‘‘(B) the schedule for such project that en18 sures efficient completion of the project. 

19 ‘‘(7) SPECIAL FINANCIAL RULES.— 

20 ‘‘(A) IN GENERAL.—Projects listed in the 

21 BeST Inventory may include an agreement with 

22 a commitment, contingent on future amounts to 

23 be specified in law for commitments under this 

24 paragraph, to obligate an additional amount 


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1 from future available budget authority specified 

2 in law. 

3 ‘‘(B) STATEMENT OF CONTINGENT COM4 MITMENT.—An obligation or administrative 

5 commitment under this paragraph may be made 

6 only when amounts are appropriated. An agree7 ment shall state that any contingent commit8 ment is not an obligation of the Federal Gov9 ernment, and is subject to the availability of ap10 propriations under Federal law and to Federal 

11 laws in force or enacted after the date of the 

12 contingent commitment. 

13 ‘‘(C) FINANCING COSTS.—Financing costs 

14 of carrying out the project may be considered a 

15 cost of carrying out the project under the BeST 

16 Inventory. 

17 ‘‘(c) EXPENDITURE OF FUNDS.— 

18 ‘‘(1) FEDERAL SHARE OF TOTAL PROJECT

19 COSTS.—The Federal share for the total cost of a 

20 project under this section shall not exceed 90 per21 cent. 

22 ‘‘(2) NON-FEDERAL SHARE.—A recipient of 

23 funds under this section may use any source of 

24 funds, including other Federal financial assistance, 

25 to satisfy the non-Federal funds requirement. The 


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1 non-Federal share for a grant provided under this 

2 section shall be consistent with section 24905(c) or 

3 section 24712(a)(7) if either such section are appli4 cable to the railroad territory at the project location. 

5 ‘‘(3) AVAILABILITY OF FUNDS.—Funds made 

6 available under this section shall remain available 

7 for obligation by the Secretary for a period of 10 

8 years after the last day of the fiscal year for which 

9 the funds are appropriated, and remain available for 

10 expenditure by the recipient of grant funds without 

11 fiscal year limitation. 

12 ‘‘(4) ELIGIBLE USES.—Funds made available 

13 under this section may be used for projects con14 tained in the most recent BeST Inventory, including 

15 pre-construction expenses and the acquisition of real 

16 property interests. 

17 ‘‘(5) FUNDS AWARDED TO AMTRAK.—Grants 

18 made to Amtrak shall be provided in accordance 

19 with the requirements of chapter 243. 

20 ‘‘(6) GRANT CONDITIONS.—Except as provided 

21 in this section, the use of any amounts made avail22 able for grants under this section shall be subject to 

23 the grant requirements in section 22905. 

24 ‘‘(d) PROJECT MANAGEMENT.— 


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1 ‘‘(1) SUBMISSION OF PROJECT MANAGEMENT

2 PLANS.—The Secretary shall establish a process, in3 cluding specifying formats, methods, and procedures, 

4 for applicants to submit a project management plan 

5 to the Secretary for a project in the BeST Inven6 tory. Consistent with requirements in section 22903, 

7 project management plans shall— 

8 ‘‘(A) describe the schedules, management 

9 actions, workforce availability, interagency 

10 agreements, permitting, track outage avail11 ability, and other factors that will determine the 

12 entity’s ability to carry out a project included in 

13 the BeST Inventory; and 

14 ‘‘(B) be updated and resubmitted in ac15 cordance with this subsection every 2 years ac16 cording to the schedule in the most recent Serv17 ice Development Plan, or equivalent multi-state 

18 regional planning document with a completed 

19 Tier I environmental review conducted pursuant 

20 to the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.). 

22 ‘‘(2) NORTHEAST CORRIDOR PROJECTS.—For 

23 projects on the Northeast Corridor, an applicant 

24 shall submit such project management plan to the 

25 Northeast Corridor Commission. Upon receipt of 


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1 such plan, the Northeast Corridor Commission shall 

2 submit to the Secretary an updated Service Develop3 ment Plan that describes the schedule and sequenc4 ing of all capital projects on the Northeast Corridor, 

5 including estimates of the amount each sponsor enti6 ty will need in program funding for each of the next 

7 2 fiscal years to carry out the entity’s projects ac8 cording to the Service Development Plan. 

9 ‘‘(e) COST METHODOLOGY POLICY REQUIRE10 MENTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall ensure, 

12 as a condition of a grant agreement under this sec13 tion for any project located in a railroad territory 

14 where a policy established pursuant to section 

15 24905(c) or section 209 of the Passenger Rail In16 vestment and Improvement Act of 2008 (49 U.S.C. 

17 24101 note) applies, that a recipient of funds under 

18 either such section maintain compliance with the 

19 policies, or any updates to any applicable cost meth20 odology policy, for the railroad territory encom21 passing the project location. 

22 ‘‘(2) PENALTY FOR NONCOMPLIANCE.—If such 

23 recipient does not maintain compliance with the poli24 cies described in paragraph (1), the Secretary 

25 may— 


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1 ‘‘(A) withhold funds under this subsection 

2 from such recipient up to the amount the re3 cipient owes, but has not paid; and 

4 ‘‘(B) permanently reallocate such funds to 

5 other recipients after a reasonable period. 

6 ‘‘(f) DEFINITIONS.—In this section: 

7 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en8 tity’ means— 

9 ‘‘(A) a State, including the District of Co10 lumbia; 

11 ‘‘(B) a group of States; 

12 ‘‘(C) an Interstate Compact; 

13 ‘‘(D) a public agency or publicly chartered 

14 authority established by one or more States; 

15 ‘‘(E) a political subdivision of a State; 

16 ‘‘(F) Amtrak; 

17 ‘‘(G) An Indian Tribe; or 

18 ‘‘(H) any combination of the entities listed 

19 in subparagraphs (A) through (G). 

20 ‘‘(2) MAJOR CAPITAL PROJECT.—The term 

21 ‘major capital project’ means a rail bridge, station, 

22 or tunnel project used for intercity passenger rail 

23 service that has a total project cost of at least 

24 $500,000,000. 


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1 ‘‘(3) NORTHEAST CORRIDOR.—The term 

2 ‘Northeast Corridor’ has the meaning given the term 

3 in section 24904(e). 

4 ‘‘(4) PUBLICLY OWNED.—The term ‘publicly 

5 owned’ means major capital projects that are at 

6 least partially owned or planned to be owned by the 

7 Federal Government or an eligible entity. 

8 ‘‘(5) CO-LOCATED PROJECT.—The term ‘co-lo9 cated project’ means a capital project that is adja10 cent to a major capital project and can be carried 

11 out during the same period.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 229 of title 49, United States Code, is amended by 

14 adding at the end the following: 

‘‘22909. Bridges, stations, and tunnels (BeST) grant program.’’. 

15 SEC. 9106. BUY AMERICA. 

16 Section 22905(a) of title 49, United States Code, is 

17 amended— 

18 (1) in paragraph (2)— 

19 (A) in subparagraph (B) by adding ‘‘or’’ at 

20 the end; 

21 (B) by striking subparagraph (C); and 

22 (C) by redesignating subparagraph (D) as 

23 subparagraph (C); 

24 (2) by striking paragraph (4) and inserting the 

25 following: 


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1 ‘‘(4)(A) If the Secretary receives a request for 

2 a waiver under paragraph (2), the Secretary shall 

3 provide notice of and an opportunity for public com4 ment on the request at least 30 days before making 

5 a finding based on the request. 

6 ‘‘(B) A notice provided under subparagraph (A) 

7 shall— 

8 ‘‘(i) include the information available to 

9 the Secretary concerning the request, including 

10 whether the request is being made under sub11 paragraph (A), (B), or (C) of paragraph (2); 

12 and 

13 ‘‘(ii) be provided by electronic means, in14 cluding on the official public website of the De15 partment of Transportation.’’; 

16 (3) in paragraph (5)— 

17 (A) by striking ‘‘2012’’ and inserting 

18 ‘‘2020, and each year thereafter’’; and 

19 (B) by inserting ‘‘during the preceding fis20 cal year’’ before the period; and 

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

22 ‘‘(12) The requirements of this subsection apply to 

23 all contracts for a project carried out within the scope of 

24 the applicable finding, determination, or decisions under 

25 the National Environmental Policy Act of 1969 (42 U.S.C. 


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1 4321 et seq.), regardless of the funding source for activi2 ties carried out pursuant to such contracts, if at least 1 

3 contract for the project is funded with amounts made 

4 available to carry out a provision specified in paragraph 

5 (1).’’. 

6 TITLE II—AMTRAK REFORMS 

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

8 Section 24101 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘, to the extent its 

13 budget allows,’’; and 

14 (ii) by striking ‘‘between crowded 

15 urban areas and in other areas of’’ and in16 serting ‘‘throughout’’; 

17 (B) in paragraph (2) by striking the period 

18 and inserting ‘‘, thereby providing additional 

19 capacity for the traveling public and widespread 

20 air quality benefits.’’; 

21 (C) in paragraph (4)— 

22 (i) by striking ‘‘greater’’ and inserting 

23 ‘‘high’’; and 

24 (ii) by striking ‘‘to Amtrak to achieve 

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1 pending public money’’ and inserting ‘‘in 

2 order to meet the intercity passenger rail 

3 needs of the United States’’; 

4 (D) in paragraph (5)— 

5 (i) by inserting ‘‘intercity and’’ after 

6 ‘‘efficient’’; and 

7 (ii) by striking ‘‘the energy conserva8 tion and self-sufficiency’’ and inserting 

9 ‘‘addressing climate change, energy con10 servation, and self-sufficiency’’; 

11 (E) in paragraph (6) by striking ‘‘through 

12 its subsidiary, Amtrak Commuter,’’; and 

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

14 ‘‘(9) Long-distance intercity passenger rail provides 

15 economic benefits to rural communities and offers inter16 city travel opportunities where such options are often lim17 ited, making long-distance intercity passenger rail an im18 portant part of the national transportation system. 

19 ‘‘(10) The Northeast Corridor, long-distance routes, 

20 and State-supported routes are interconnected and collec21 tively provide national rail passenger transportation. 

22 ‘‘(11) Investments in intercity and commuter rail 

23 passenger transportation support jobs that provide a path24 way to the middle class.’’; 


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1 (2) in subsection (b) by striking ‘‘The’’ and all 

2 that follows through ‘‘consistent’’ and inserting 

3 ‘‘The mission of Amtrak is to provide a safe, effi4 cient, and high-quality national intercity passenger 

5 rail system that is trip-time competitive with other 

6 intercity travel options, consistent’’; 

7 (3) in subsection (c)— 

8 (A) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) use its best business judgment in acting to 

11 maximize the benefits of public funding;’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘minimize Government 

14 subsidies by encouraging’’ and inserting 

15 ‘‘work with’’; and 

16 (ii) by striking the semicolon and in17 serting ‘‘and improvements to service;’’; 

18 (C) by striking paragraph (3) and insert19 ing the following: 

20 ‘‘(3) manage the passenger rail network in the 

21 interest of public transportation needs, including 

22 current and future Amtrak passengers;’’; 

23 (D) in paragraph (7) by striking ‘‘encour24 age’’ and inserting ‘‘work with’’; 


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1 (E) in paragraph (11) by striking ‘‘and’’ 

2 the last place it appears; and 

3 (F) by striking paragraph (12) and insert4 ing the following: 

5 ‘‘(12) utilize and manage resources with a long6 term perspective, including sound investments that 

7 take into account the overall lifecycle costs of an 

8 asset; 

9 ‘‘(13) ensure that service is accessible, equi10 table, and accommodating to passengers with dis11 abilities and members of underserved communities; 

12 and 

13 ‘‘(14) maximize the benefits Amtrak generates 

14 for the United States by creating quality jobs and 

15 supporting the domestic workforce.’’; and 

16 (4) by striking subsection (d). 

17 SEC. 9202. AMTRAK STATUS. 

18 Section 24301(a) of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (1) by striking ‘‘20102(2)’’ 

21 and inserting ‘‘20102’’; and 

22 (2) in paragraph (2) by inserting ‘‘serving the 

23 public interest in reliable passenger rail service’’ 

24 after ‘‘for-profit corporation’’. 


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1 SEC. 9203. BOARD OF DIRECTORS. 

2 (a) IN GENERAL.—Section 24302 of title 49, United 

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (B) by striking 

7 ‘‘President of Amtrak’’ and inserting 

8 ‘‘Chief Executive Officer of Amtrak’’; and 

9 (ii) by striking subparagraph (C) and 

10 inserting the following: 

11 ‘‘(C) 8 individuals appointed by the Presi12 dent of the United States, by and with the ad13 vice and consent of the Senate, with a record of 

14 support for national intercity passenger rail 

15 service. Of the individuals appointed— 

16 ‘‘(i) 1 shall be a Mayor or Governor of 

17 a location served by a regularly scheduled 

18 Amtrak service on the Northeast Corridor; 

19 ‘‘(ii) 1 shall be a Mayor or Governor 

20 of a location served by a regularly sched21 uled Amtrak service that is not on the 

22 Northeast Corridor; 

23 ‘‘(iii) 1 shall be a representative of 

24 Amtrak employees; 

25 ‘‘(iv) 1 shall be an individual with a 

26 history of regular Amtrak ridership and an 


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1 understanding of the concerns of intercity 

2 rail passengers; 

3 ‘‘(v) 1 shall be an individual with— 

4 ‘‘(I) demonstrated experience or 

5 demonstrated interest in the North6 east Corridor and the National Net7 work; and 

8 ‘‘(II) industry experience or 

9 qualifications in transportation, 

10 freight and passenger rail transpor11 tation, travel, or passenger air trans12 portation; and 

13 ‘‘(vi) 1 shall be an individual with 

14 general business and financial experience 

15 who has demonstrated experience or dem16 onstrated interest in the Northeast Cor17 ridor and the National Network.’’; 

18 (B) in paragraph (2) by inserting ‘‘users of 

19 Amtrak, including the elderly and individuals 

20 with disabilities, and’’ after ‘‘and balanced rep21 resentation of’’; 

22 (C) in paragraph (3)— 

23 (i) by striking ‘‘Not more than 5’’ and 

24 inserting ‘‘Not more than 4’’; and 


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1 (ii) by adding at the end the fol2 lowing: ‘‘A member of the Board appointed 

3 under clause (i) or (ii) of paragraph (1)(C) 

4 shall serve for a term of 5 years or until 

5 such member leaves the elected office such 

6 member occupied at the time such member 

7 was appointed, whichever is first.’’; 

8 (D) in paragraph (4) by striking ‘‘Presi9 dent’’ and inserting ‘‘Chief Executive Officer’’; 

10 and 

11 (E) by striking paragraph (5) and insert12 ing the following: 

13 ‘‘(5) The Secretary and any Governor of a 

14 State may be represented at a Board meeting by a 

15 designee.’’; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘PAY AND EXPENSES’’ and 

18 inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and 

19 (B) by inserting ‘‘Each director must con20 sider the well-being of current and future Am21 trak passengers, the public interest in sustain22 able national passenger rail service, and balance 

23 the preceding considerations with the fiduciary 

24 responsibilities of the director and the mission 

25 and goals of Amtrak.’’ before ‘‘Each director 


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1 not employed by the United States Government 

2 or Amtrak’’; and 

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

4 ‘‘(g) GOVERNOR DEFINED.—In this section, the term 

5 ‘Governor’ means the Governor of a State or the Mayor 

6 of the District of Columbia and includes a designee of the 

7 Governor.’’. 

8 (b) TIMING OF NEW BOARD REQUIREMENTS.—The 

9 appointment and membership requirements under section 

10 24302 of title 49, United States Code (as amended by this 

11 Act), shall apply to any member of the Board appointed 

12 pursuant to subsection (a)(1)(C) of such section who is 

13 appointed on or after the date of enactment of this Act. 

14 SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT. 

15 (a) IN GENERAL.—Section 24308(c) of title 49, 

16 United States Code, is amended by adding at the end the 

17 following: ‘‘Notwithstanding section 24103(a) and section 

18 24308(f), Amtrak shall have the right to bring an action 

19 for equitable or other relief in the United States District 

20 Court for the District of Columbia to enforce the pref21 erence rights granted under this subsection.’’. 

22 (b) CONFORMING AMENDMENT.—Section 24103 of 

23 title 49, United States Code, is amended by inserting ‘‘and 

24 section 24308(c)’’ before ‘‘, only the Attorney General’’. 


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1 SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES 

2 TO AMTRAK. 

3 Section 24308(e) of title 49, United States Code, is 

4 amended— 

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

6 following:(1)(A) When a rail carrier does not agree 

7 to allow Amtrak to operate additional trains in ac8 cordance with proposed schedules over any rail line 

9 of the carrier on which Amtrak is operating or seeks 

10 to operate, Amtrak may submit an application to the 

11 Board for an order requiring the carrier to allow for 

12 the operation of the requested trains. Not later than 

13 90 days after receipt of such application, the Board 

14 shall determine whether the additional trains would 

15 unreasonably impair freight transportation and— 

16 ‘‘(i) upon a determination that such trains 

17 do not unreasonably impair freight transpor18 tation, order the rail carrier to allow for the op19 eration of such trains on a schedule established 

20 by the Board; or 

21 ‘‘(ii) upon a determination that such trains 

22 do unreasonably impair freight transportation, 

23 initiate a proceeding to determine any addi24 tional infrastructure investments required by, 

25 or on behalf of, Amtrak. 


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1 ‘‘(B) If Amtrak seeks to resume operation of a 

2 train that Amtrak operated during the 5-year period 

3 preceding an application described in subparagraph 

4 (A), the Board shall apply a presumption that the 

5 resumed operation of such train will not unreason6 ably impair freight transportation unless the Board 

7 finds that there are substantially changed cir8 cumstances.’’; 

9 (2) in paragraph (2)— 

10 (A) by striking ‘‘The Board shall consider’’ 

11 and inserting ‘‘The Board shall’’; 

12 (B) by striking subparagraph (A) and in13 serting the following: 

14 ‘‘(A) in making the determination under para15 graph (1), take into account any infrastructure in16 vestments previously made by, or on behalf of, Am17 trak, or proposed in Amtrak’s application, with the 

18 rail carrier having the burden of demonstrating that 

19 the additional trains will unreasonably impair the 

20 freight transportation; and’’; and 

21 (C) in subparagraph (B) by inserting ‘‘con22 sider investments described in subparagraph 

23 (A) and’’ after ‘‘times,’’; and 

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


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1 ‘‘(4) In a proceeding initiated by the Board under 

2 paragraph (1)(A)(ii), the Board shall solicit the views of 

3 the parties and require the parties to provide any nec4 essary data or information. Not later than 180 days after 

5 the date on which the Board makes a determination under 

6 paragraph (1)(A)(ii), the Board shall issue an order re7 quiring the rail carrier to allow for the operation of the 

8 requested trains provided that any conditions enumerated 

9 by the Board are met. In determining the necessary level 

10 of additional infrastructure or other investments needed 

11 to mitigate unreasonable impairment of freight transpor12 tation, the Board shall use any criteria, assumptions, and 

13 processes it considers appropriate. 

14 ‘‘(5) The provisions of this subsection shall be in ad15 dition to any other statutory or contractual remedies Am16 trak may have with respect to operating the additional 

17 trains.’’. 

18 SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION. 

19 (a) IN GENERAL.—Section 28103 of title 49, United 

20 States Code, is amended— 

21 (1) by redesignating subsection (e) as sub22 section (f); and 

23 (2) by inserting after subsection (d) the fol24 lowing: 

25 ‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 


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1 ‘‘(1) IN GENERAL.—Amtrak may not impose a 

2 choice-of-forum clause that attempts to preclude a 

3 passenger, or a person who purchases a ticket for 

4 rail transportation on behalf of a passenger, from 

5 bringing a claim against Amtrak in any court of 

6 competent jurisdiction, including a court within the 

7 jurisdiction of the residence of such passenger in the 

8 United States (provided that Amtrak does business 

9 within that jurisdiction). 

10 ‘‘(2) COURT OF COMPETENT JURISDICTION.— 

11 Under this subsection, a court of competent jurisdic12 tion may not include an arbitration forum.’’. 

13 (b) EFFECTIVE DATE.—This section, and the amend14 ments made by this section, shall apply to any claim that 

15 arises on or after the date of enactment of this Act. 

16 SEC. 9207. AMTRAK ADA ASSESSMENT. 

17 (a) ASSESSMENT.—Amtrak shall conduct an assess18 ment and review of all Amtrak policies, procedures, proto19 cols, and guidelines for compliance with the requirements 

20 of the Americans With Disabilities Act of 1990 (42 U.S.C. 

21 12101 et seq.). 

22 (b) REPORT.—Not later than 180 days after the date 

23 of enactment of this Act, Amtrak shall submit to the Com24 mittee on Transportation and Infrastructure of the House 

25 of Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate a report on the 

2 results of the assessment conducted under subsection (a). 

3 (c) CONTENTS.—The report required under sub4 section (b) shall include— 

5 (1) a summary of the policies, procedures, pro6 tocols, and guidelines reviewed; 

7 (2) any necessary changes to such policies, pro8 cedures, protocols, and guidelines to ensure compli9 ance with the Americans With Disabilities Act of 

10 1990 (42 U.S.C. 12101 et seq.), including full com11 pliance under such Act for stations and facilities for 

12 which Amtrak has responsibility under such Act and 

13 consideration of the needs of individuals with disabil14 ities when procuring rolling stock and setting ticket 

15 fares; and 

16 (3) an implementation plan and timeline for 

17 making any such necessary changes. 

18 (d) ENGAGEMENT.—Amtrak shall engage with a 

19 range of advocates for individuals with disabilities during 

20 the assessment conducted under subsection (a), and de21 velop an ongoing and standardized process for engagement 

22 with advocates for individuals with disabilities. 

23 (e) PERIODIC EVALUATION.—At least once every 2 

24 years, Amtrak shall review and update, as necessary, Am25 trak policies, procedures, protocols, and guidelines to enVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01406 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 sure compliance with the Americans With Disabilities Act 

2 of 1990 (42 U.S.C. 12101 et seq.). 

3 SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS. 

4 (a) IN GENERAL.—Chapter 243 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 24323. Prohibition on smoking on Amtrak trains 

8 ‘‘(a) PROHIBITION.—Beginning on the date of enact9 ment of the TRAIN Act, Amtrak shall prohibit smoking 

10 on board Amtrak trains. 

11 ‘‘(b) ELECTRONIC CIGARETTES.— 

12 ‘‘(1) INCLUSION.—The use of an electronic cig13 arette shall be treated as smoking for purposes of 

14 this section. 

15 ‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In 

16 this section, the term ‘electronic cigarette’ means a 

17 device that delivers nicotine or other substances to 

18 a user of the device in the form of a vapor that is 

19 inhaled to simulate the experience of smoking.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 243 of title 49, United States Code, is amended 

22 by adding at the end the following: 

‘‘24323. Prohibition on smoking on Amtrak trains.’’. 


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1 SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AM2 TRAK. 

3 Section 24712 of title 49, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 24712. State-supported routes operated by Amtrak 

6 ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 

7 ‘‘(1) ESTABLISHMENT.—There is established a 

8 State-Supported Route Committee (referred to in 

9 this section as the ‘Committee’) to promote mutual 

10 cooperation and planning pertaining to the current 

11 and future rail operations of Amtrak and related ac12 tivities of trains operated by Amtrak on State-sup13 ported routes and to further implement section 209 

14 of the Passenger Rail Investment and Improvement 

15 Act of 2008 (49 U.S.C. 24101 note). 

16 ‘‘(2) MEMBERSHIP.— 

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

18 consist of— 

19 ‘‘(i) members representing Amtrak; 

20 ‘‘(ii) members representing the De21 partment of Transportation, including the 

22 Federal Railroad Administration; and 

23 ‘‘(iii) members representing States. 

24 ‘‘(B) NON-VOTING MEMBERS.—The Com25 mittee may invite and accept other non-voting 


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1 members to participate in Committee activities, 

2 as appropriate. 

3 ‘‘(3) DECISIONMAKING.—The Committee shall 

4 establish a bloc voting system under which, at a 

5 minimum— 

6 ‘‘(A) there are 3 separate voting blocs to 

7 represent the Committee’s voting members, in8 cluding— 

9 ‘‘(i) 1 voting bloc to represent the 

10 members described in paragraph (2)(A)(i); 

11 ‘‘(ii) 1 voting bloc to represent the 

12 members described in paragraph (2)(A)(ii); 

13 and 

14 ‘‘(iii) 1 voting bloc to represent the 

15 members described in paragraph 

16 (2)(A)(iii); 

17 ‘‘(B) each voting bloc has 1 vote; 

18 ‘‘(C) the votes of the voting bloc rep19 resenting the members described in paragraph 

20 (2)(A)(iii) requires the support of at least two21 thirds of that voting bloc’s members; and 

22 ‘‘(D) the Committee makes decisions by 

23 unanimous consent of the 3 voting blocs. 

24 ‘‘(4) ABILITY TO CONDUCT CERTAIN BUSI25 NESS.—If all members of a voting bloc described in 


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1 paragraph (3) abstain from a Committee decision, 

2 agreement between the other voting blocs consistent 

3 with the procedures set forth in paragraph (3) shall 

4 be deemed unanimous consent. 

5 ‘‘(5) MEETINGS; RULES AND PROCEDURES.— 

6 The Committee shall define and periodically update 

7 the rules and procedures governing the Committee’s 

8 proceedings. The rules and procedures shall— 

9 ‘‘(A) incorporate and further describe the 

10 decisionmaking procedures to be used in accord11 ance with paragraph (3); and 

12 ‘‘(B) be adopted in accordance with such 

13 decisionmaking procedures. 

14 ‘‘(6) COMMITTEE DECISIONS.—Decisions made 

15 by the Committee in accordance with the Commit16 tee’s rules and procedures, once established, are 

17 binding on all Committee members. 

18 ‘‘(7) COST METHODOLOGY POLICY.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), the Committee may amend the cost 

21 methodology policy required and previously ap22 proved under section 209 of the Passenger Rail 

23 Investment and Improvement Act of 2008 (49 

24 U.S.C. 24101 note). 


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1 ‘‘(B) REVISIONS TO COST METHODOLOGY

2 POLICY.— 

3 ‘‘(i) REQUIREMENT TO REVISE AND

4 UPDATE.—Subject to the requirements of 

5 clause (iii), the Committee shall, not later 

6 than March 31, 2022, update the cost 

7 methodology policy required and previously 

8 approved under section 209 of the Pas9 senger Rail Investment and Improvement 

10 Act of 2008 (49 U.S.C. 24101 note). Such 

11 update shall be consistent with the prin12 ciples for revision of the Committee pursu13 ant to such section and consistent with any 

14 subsequent changes to such principles ap15 proved by the Committee. The Committee 

16 shall implement the updated policy begin17 ning in fiscal year 2023 and shall submit 

18 to the Committee on Transportation and 

19 Infrastructure of the House of Representa20 tives and the Committee on Commerce, 

21 Science, and Transportation of the Senate 

22 a report documenting and explaining any 

23 changes to the policy and plans for imple24 mentation not later than 30 days after the 

25 adoption of the updated policy. 


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1 ‘‘(ii) IMPLEMENTATION IMPACTS ON

2 FEDERAL FUNDING.—To the extent that a 

3 policy implemented pursuant to clause (i) 

4 assigns to Amtrak costs that were pre5 viously allocated to States, Amtrak shall 

6 request such costs in the general and legis7 lative annual report required by section 

8 24315 or in any appropriate subsequent 

9 Federal funding request for the fiscal year 

10 in which the revised policy is implemented. 

11 ‘‘(iii) PROCEDURES FOR CHANGING

12 METHODOLOGY.—The rules and proce13 dures implemented under paragraph (5) 

14 shall include procedures for changing the 

15 cost methodology policy under this sub16 paragraph, notwithstanding section 209(b) 

17 of the Passenger Rail Investment and Im18 provement Act (49 U.S.C. 22 24101 note), 

19 and procedures or broad guidelines for 

20 conducting financial planning, including 

21 operating and capital forecasting, report22 ing, and data sharing and governance. 

23 ‘‘(C) REQUIREMENTS.—The cost method24 ology policy shall— 


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1 ‘‘(i) ensure equal treatment in the 

2 provision of like services of all States and 

3 groups of States; 

4 ‘‘(ii) assign to each route the costs in5 curred only for the benefit of that route 

6 and a proportionate share, based upon fac7 tors that reasonably reflect relative use, of 

8 costs incurred for the common benefit of 

9 more than 1 route; and 

10 ‘‘(iii) promote increased efficiency in 

11 Amtrak’s operating and capital activities. 

12 ‘‘(b) INVOICES AND REPORTS.— 

13 ‘‘(1) MONTHLY INVOICE.—Amtrak shall provide 

14 to each State that sponsors a State-supported route 

15 a monthly invoice of the cost of operating such 

16 route, including fixed costs and third-party costs. 

17 ‘‘(2) PLANNING AND DEMAND REPORTS.—A 

18 State shall provide to the Committee and Amtrak 

19 planning and demand reports with respect to a 

20 planned or existing State-supported route. 

21 ‘‘(3) FINANCIAL AND PERFORMANCE RE22 PORTS.—The Committee shall require Amtrak to 

23 provide to the States and the Committee financial 

24 and performance reports at a frequency, and conVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01413 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 taining such information, as determined appropriate 

2 by the Committee. 

3 ‘‘(c) DISPUTE RESOLUTION.— 

4 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If 

5 a dispute arises with respect to the rules and proce6 dures implemented under subsection (a)(5), an in7 voice or a report provided under subsection (b), im8 plementation or compliance with the cost method9 ology policy developed under section 209 of the Pas10 senger Rail Investment and Improvement Act of 

11 2008 (49 U.S.C. 24101 note) or amended under 

12 subsection (a)(7) of this section, either Amtrak or 

13 the State may request that the Surface Transpor14 tation Board conduct dispute resolution under this 

15 subsection. 

16 ‘‘(2) PROCEDURES.—The Surface Transpor17 tation Board shall establish procedures for resolu18 tion of disputes brought before it under this sub19 section, which may include provision of professional 

20 mediation services. 

21 ‘‘(3) BINDING EFFECT.—A decision of the Sur22 face Transportation Board under this subsection 

23 shall be binding on the parties to the dispute. 

24 ‘‘(4) OBLIGATION.—Nothing in this subsection 

25 shall affect the obligation of a State to pay an 


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1 amount related to a State-supported route that a 

2 State sponsors that is not in dispute. 

3 ‘‘(d) ASSISTANCE.— 

4 ‘‘(1) IN GENERAL.—The Secretary may provide 

5 assistance to the parties in the course of negotia6 tions for a contract for operation of a State-sup7 ported route. 

8 ‘‘(2) FINANCIAL ASSISTANCE.—From among 

9 available funds, the Secretary shall provide— 

10 ‘‘(A) financial assistance to Amtrak or 1 or 

11 more States to perform requested independent 

12 technical analysis of issues before the Com13 mittee; and 

14 ‘‘(B) administrative expenses that the Sec15 retary determines necessary. 

16 ‘‘(e) PERFORMANCE METRICS.—In negotiating a con17 tract for operation of a State-supported route, Amtrak 

18 and the State or States that sponsor the route shall con19 sider including provisions that provide penalties and incen20 tives for performance, including incentives to— 

21 ‘‘(1) increase revenue; 

22 ‘‘(2) reduce costs; 

23 ‘‘(3) finalize contracts by the beginning of the 

24 Federal fiscal year; and 


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1 ‘‘(4) require States to promptly make payments 

2 for services delivered. 

3 ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

4 ‘‘(1) IN GENERAL.—The Committee shall de5 velop and annually review and update, as necessary, 

6 a statement of goals, objectives, and associated rec7 ommendations concerning the future of State-sup8 ported routes operated by Amtrak. The statement 

9 shall identify the roles and responsibilities of Com10 mittee members and any other relevant entities, such 

11 as host railroads, in meeting the identified goals and 

12 objectives, or carrying out the recommendations. 

13 The statement shall include a list of capital projects, 

14 including infrastructure, fleet, station, and facility 

15 initiatives, needed to support the growth of State16 supported routes. The Committee may consult with 

17 such relevant entities, as the Committee considers 

18 appropriate, when developing the statement. 

19 ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS

20 AND OBJECTIVES.—Not later than March 31 of each 

21 year, the Committee shall submit to the Committee 

22 on Commerce, Science, and Transportation of the 

23 Senate and the Committee on Transportation and 

24 Infrastructure of the House of Representatives the 


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1 most recent annual update to the statement devel2 oped under paragraph (1). 

3 ‘‘(g) NEW OR EXPANDED STATE-SUPPORTED

4 ROUTES.— 

5 ‘‘(1) COORDINATION AND CONSULTATION.—In 

6 developing a new State-supported route or expand7 ing an existing State-supported route, Amtrak shall 

8 closely coordinate with all States in which such route 

9 operates, and shall consult with the following: 

10 ‘‘(A) The local municipalities in which the 

11 proposed route operates. 

12 ‘‘(B) Commuter authorities and regional 

13 transportation authorities (as such terms are 

14 defined in section 24102) in the areas proposed 

15 to be served by such route. 

16 ‘‘(C) The owner of any rail infrastructure 

17 over which the proposed route operates. 

18 ‘‘(D) Administrator of the Federal Rail19 road Administration. 

20 ‘‘(E) Other stakeholders, as appropriate. 

21 ‘‘(2) STATE COMMITMENTS.—Notwithstanding 

22 any other provision of law, before beginning con23 struction necessary for, or beginning operation of, a 

24 State-supported route that is initiated or expanded 

25 on or after the date of enactment of the TRAIN 


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1 Act, Amtrak shall enter into an agreement with the 

2 State in which the proposed route operates for shar3 ing ongoing operating costs and capital costs in ac4 cordance with— 

5 ‘‘(A) the cost methodology policy described 

6 under subsection (a)(7); or 

7 ‘‘(B) the alternative cost methodology 

8 schedule described in paragraph (3). 

9 ‘‘(3) ALTERNATIVE COST METHODOLOGY.— 

10 Under the cost methodology schedule described in 

11 this paragraph, with respect to costs not covered by 

12 revenues for the operation of a State-supported 

13 route, Amtrak shall pay— 

14 ‘‘(A) the share Amtrak otherwise would 

15 have paid under the cost methodology under 

16 subsection (a); and 

17 ‘‘(B) a percentage of the share that the 

18 State otherwise would have paid under the cost 

19 methodology policy under subsection (a) accord20 ing to the following: 

21 ‘‘(i) Amtrak shall pay up to 100 per22 cent of the capital costs and planning costs 

23 necessary to initiate a new State-supported 

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1 opment, design, and environmental anal2 ysis costs, prior to beginning operations on 

3 the new route. 

4 ‘‘(ii) For the first 2 years of oper5 ation, Amtrak shall pay for 100 percent of 

6 operating costs and capital costs. 

7 ‘‘(iii) For the third year of operation, 

8 Amtrak shall pay 90 percent of operating 

9 costs and capital costs and the State shall 

10 pay the remainder. 

11 ‘‘(iv) For the fourth year of operation, 

12 Amtrak shall pay 80 percent of operating 

13 costs and capital costs and the State shall 

14 pay the remainder 

15 ‘‘(v) For the fifth year of operation, 

16 Amtrak shall pay 50 percent of operating 

17 costs and capital costs and the State shall 

18 pay the remainder. 

19 ‘‘(vi) For the sixth year of operation 

20 and thereafter, operating costs and capital 

21 costs shall be allocated in accordance with 

22 the cost methodology policy described 

23 under subsection (a) as applicable. 

24 ‘‘(4) DEFINITIONS.—In this subsection, the 

25 terms ‘capital cost’ and ‘operating cost’ shall apply 


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1 in the same manner as such terms apply under the 

2 cost methodology policy developed under subsection 

3 (a). 

4 ‘‘(h) COST METHODOLOGY UPDATE AND IMPLEMEN5 TATION REPORT.—Not later than 18 months after an up6 dated cost methodology policy required under subsection 

7 (a)(7)(B) is implemented, the Committee shall submit to 

8 the Committee on Transportation and Infrastructure of 

9 the House of Representatives and the Committee on Com10 merce, Science, and Transportation of the Senate a report 

11 assessing the implementation of the updated policy. 

12 ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE

13 CHANGES.—Amtrak shall provide an update in the general 

14 and legislative annual report required by 24315(b) of 

15 planned or proposed changes to State-supported routes, 

16 including the introduction of new State-supported routes. 

17 In identifying routes to be considered planned or proposed 

18 under this subsection, Amtrak shall— 

19 ‘‘(1) identify the timeframe in which such 

20 changes could take effect and whether Amtrak has 

21 entered into a commitment with a State under sub22 section (g)(2); and 

23 ‘‘(2) consult with the Committee and any addi24 tional States in which a planned or proposed route 


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1 may operate, not less than 120 days before an an2 nual grant request is transmitted to the Secretary. 

3 ‘‘(j) RULE OF CONSTRUCTION.—The decisions of the 

4 Committee— 

5 ‘‘(1) shall pertain to the rail operations of Am6 trak and related activities of trains operated by Am7 trak on State-sponsored routes; and 

8 ‘‘(2) shall not pertain to the rail operations or 

9 related activities of services operated by other rail 

10 carriers on State-supported routes. 

11 ‘‘(k) DEFINITION OF STATE.—In this section, the 

12 term ‘State’ means any of the 50 States, including the 

13 District of Columbia, that sponsor or propose to sponsor 

14 the operation of trains by Amtrak on a State-supported 

15 route, or a public entity that sponsors or proposes to spon16 sor such operation on such a route.’’. 

17 SEC. 9210. AMTRAK POLICE DEPARTMENT. 

18 (a) DEPARTMENT MISSION.—Not later than 180 

19 days after the date of enactment of this Act, Amtrak shall 

20 identify the mission of the Amtrak Police Department (in 

21 this section referred to as the ‘‘Department’’), including 

22 the scope of the role and priorities of the Department, in 

23 mitigating risks to and ensuring the safety and security 

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1 ties, and other infrastructure. In identifying such mission, 

2 Amtrak shall consider— 

3 (1) the unique needs of maintaining the safety 

4 and security of Amtrak’s network; and 

5 (2) comparable passenger rail systems and the 

6 mission of the police departments of such rail sys7 tems. 

8 (b) WORKFORCE PLANNING PROCESS.—Not later 

9 than 120 days after identifying the mission of the Depart10 ment under subsection (a), Amtrak shall develop a work11 force planning process that— 

12 (1) ensures adequate employment levels and al13 location of sworn and civilian personnel, including 

14 patrol officers, necessary for fulfilling the Depart15 ment’s mission; and 

16 (2) sets performance goals and metrics for the 

17 Department that align with the mission of the De18 partment and monitors and evaluates the Depart19 ment’s progress toward such goals and metrics. 

20 (c) CONSIDERATIONS.—In developing the workforce 

21 planning process under subsection (b), Amtrak shall— 

22 (1) identify critical positions, skills, and com23 petencies necessary for fulfilling the Department’s 

24 mission; 


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1 (2) analyze employment levels and ensure 

2 that— 

3 (A) an adequate number of civilian and 

4 sworn personnel are allocated across the De5 partment’s 6 geographic divisions, including pa6 trol officers, detectives, canine units, special op7 erations unit, strategic operations, intelligence, 

8 corporate security, the Office of Professional 

9 Responsibilities, and the Office of Chief of Po10 lices; and 

11 (B) patrol officers have an adequate pres12 ence on trains and route segments, and in sta13 tions, facilities, and other infrastructure; 

14 (3) analyze workforce gaps and develop strate15 gies to address any such gaps; 

16 (4) consider risks, including those identified by 

17 Amtrak’s triannual risk assessments; 

18 (5) consider variables, including ridership levels, 

19 miles of right-of-way, crime data, call frequencies, 

20 interactions with vulnerable populations, and work21 load, that comparable passenger rail systems with 

22 similar police departments consider in the develop23 ment of the workforce plans of such systems; and 

24 (6) consider collaboration or coordination with 

25 local, State, Tribal, and Federal agencies, and public 


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1 transportation agencies to support the safety and se2 curity of the Amtrak network. 

3 (d) CONSULTATION.—In carrying out this section, 

4 Amtrak shall consult with the Amtrak Police Labor Com5 mittee, public safety experts, foreign or domestic entities 

6 providing passenger rail service comparable to Amtrak, 

7 and any other relevant entities, as determined by Amtrak. 

8 (e) REPORTS.— 

9 (1) REPORT ON MISSION OF DEPARTMENT.— 

10 Not later than 10 days after Amtrak identifies the 

11 mission of the Department under subsection (a), 

12 Amtrak shall submit to the Committee on Transpor13 tation and Infrastructure of the House of Represent14 atives and the Committee on Commerce, Science, 

15 and Transportation of the Senate a report con16 taining a description of the mission of the Depart17 ment and the reasons for the content of such mis18 sion. 

19 (2) REPORT ON WORKFORCE PLANNING PROC20 ESS.—Not later than 10 days after Amtrak com21 pletes the workforce planning process under sub22 section (b), Amtrak shall submit to the Committee 

23 on Transportation and Infrastructure of the House 

24 of Representatives and the Committee on Commerce, 

25 Science, and Transportation of the Senate a report 


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1 containing the workforce planning process, the un2 derlying data used to develop such process, and how 

3 such process will achieve the Department’s mission. 

4 SEC. 9211. AMTRAK FOOD AND BEVERAGE. 

5 (a) AMTRAK FOOD AND BEVERAGE.—Section 24321 

6 of title 49, United States Code, is amended to read as 

7 follows: 

8 ‘‘§ 24321. Amtrak food and beverage 

9 ‘‘(a) ENSURING ACCESS TO FOOD AND BEVERAGE

10 SERVICES.—On all long-distance routes, Amtrak shall en11 sure that all passengers who travel overnight on such 

12 route shall have access to purchasing the food and bev13 erages that are provided to sleeping car passengers on 

14 such route. 

15 ‘‘(b) FOOD AND BEVERAGE WORKFORCE.— 

16 ‘‘(1) WORKFORCE REQUIREMENT.—Amtrak 

17 shall ensure that any individual onboard a train who 

18 prepares or provides food and beverages is an Am19 trak employee. 

20 ‘‘(2) SAVINGS CLAUSE.—No Amtrak employee 

21 holding a position as of the date of enactment of the 

22 TRAIN Act may be involuntarily separated because 

23 of any action taken by Amtrak to implement this 

24 section, including any employees who are furloughed 

25 as a result of the COVID–19 pandemic. 


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1 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

2 Amtrak employee holding a position as of the date of en3 actment of the Passenger Rail Reform and Investment Act 

4 of 2015 is involuntarily separated because of the develop5 ment and implementation of the plan required by the 

6 amendments made by section 11207 of such Act.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) ANALYSIS.—The item relating to section 

9 24321 in the analysis for chapter 243 of title 49, 

10 United States Code, is amended to read as follows: 

‘‘24321. Amtrak food and beverage.’’. 

11 (2) AMTRAK AUTHORITY.—Section 24305(c)(4) 

12 of title 49, United States Code, is amended by strik13 ing ‘‘only if revenues from the services each year at 

14 least equal the cost of providing the services’’. 

15 (3) CONTRACTING OUT.—Section 121(c) of the 

16 Amtrak Reform and Accountability Act of 1997 (49 

17 U.S.C. 24312 note; 111 Stat. 2574) is amended by 

18 striking ‘‘, other than work related to food and bev19 erage service,’’. 

20 (c) AMTRAK FOOD AND BEVERAGE WORKING

21 GROUP.— 

22 (1) ESTABLISHMENT.—Not later than 90 days 

23 after the date of enactment of this Act, Amtrak shall 

24 establish a working group (in this subsection re25 ferred to as the ‘‘Working Group’’) to provide recVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01426 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 ommendations on Amtrak onboard food and bev2 erage services. 

3 (2) MEMBERSHIP.—The Working Group shall 

4 consist of— 

5 (A) an equal number of individuals rep6 resenting— 

7 (i) Amtrak; 

8 (ii) the labor organizations rep9 resenting Amtrak employees who prepare 

10 or provide onboard food and beverage serv11 ices; 

12 (iii) the State-Supported Route Com13 mittee established by section 24712; and 

14 (iv) nonprofit organizations rep15 resenting Amtrak passengers; and 

16 (B) an individual with culinary or hospi17 tality expertise agreed to by the members under 

18 clauses (i) through (iv) of subparagraph (A). 

19 (3) RECOMMENDATIONS.— 

20 (A) IN GENERAL.—The Working Group 

21 shall develop recommendations to increase rid22 ership and improve customer satisfaction by— 

23 (i) promoting collaboration and en24 gagement between Amtrak, Amtrak pas25 sengers, and Amtrak employees preparing 


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1 or providing onboard food and beverage 

2 services, prior to Amtrak implementing 

3 changes to onboard food and beverage 

4 services; 

5 (ii) improving onboard food and bev6 erage services; and 

7 (iii) improving solicitation, reception, 

8 and consideration of passenger feedback 

9 regarding onboard food and beverage serv10 ices. 

11 (B) CONSIDERATIONS.—In developing the 

12 recommendations under subparagraph (A), the 

13 Working Group shall consider— 

14 (i) the healthfulness of onboard food 

15 and beverages offered, including the ability 

16 of passengers to address dietary restric17 tions; 

18 (ii) the preparation and delivery of on19 board food and beverages; 

20 (iii) the differing needs of passengers 

21 traveling on long-distance routes, State22 supported routes, and the Northeast Cor23 ridor; 

24 (iv) the reinstatement of the dining 

25 car service on long-distance routes; 


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1 (v) Amtrak passenger survey data 

2 about the food and beverages offered on 

3 Amtrak trains; and 

4 (vi) any other issue the Working 

5 Group determines appropriate. 

6 (4) REPORTS.— 

7 (A) INITIAL REPORT.—Not later than 1 

8 year after the date on which the Working 

9 Group is established, the Working Group shall 

10 submit to the Board of Directors of Amtrak, 

11 the Committee on Transportation and Infra12 structure of the House of Representatives, and 

13 the Committee on Commerce, Science, and 

14 Transportation of the Senate a report con15 taining the recommendations developed under 

16 paragraph (3). 

17 (B) SUBSEQUENT REPORT.—Not later 

18 than 30 days after the date on which the Work19 ing Group submits the report required under 

20 subparagraph (A), Amtrak shall submit to the 

21 Committee on Transportation and Infrastruc22 ture of the House of Representatives and the 

23 Committee on Commerce, Science, and Trans24 portation of the Senate a report on whether 

25 Amtrak agrees with the recommendations of the 


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1 Working Group and describing any plans to im2 plement such recommendations. 

3 (5) PROHIBITION ON FOOD AND BEVERAGE

4 SERVICE CHANGES.—During the period beginning on 

5 the date of enactment of this Act and ending 30 

6 days after the date on which Amtrak submits the re7 port required under paragraph (4)(B), Amtrak may 

8 not make large-scale, structural changes to existing 

9 onboard food and beverage services, except that Am10 trak shall reverse any changes to onboard food and 

11 beverage service made in response to the COVID–19 

12 pandemic as Amtrak service is restored. 

13 (6) TERMINATION.—The Working Group shall 

14 terminate on the date on which Amtrak submits the 

15 report required under paragraph (4)(B), except that 

16 Amtrak may extend such date by up to 1 year if 

17 Amtrak determines that the Working Group is bene18 ficial to Amtrak in making decisions related to on19 board food and beverage services. If Amtrak extends 

20 such date, Amtrak shall include notification of the 

21 extension in the report required under paragraph 

22 (4)(B). 

23 (7) NONAPPLICABILITY OF FEDERAL ADVISORY

24 COMMITTEE ACT.—The Federal Advisory Committee 


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1 Act (5 U.S.C. App.) does not apply to the Working 

2 Group established under this section. 

3 (8) LONG-DISTANCE ROUTE; NORTHEAST COR4 RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.— 

5 In this subsection, the terms ‘‘long-distance route’’, 

6 ‘‘Northeast Corridor’’, and ‘‘State-supported route’’ 

7 have the meaning given those terms in section 

8 24102 of title 49, United States Code. 

9 SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING 

10 OUT. 

11 (a) FURLOUGHED WORK.—Section 121 of the Am12 trak Reform and Accountability Act of 1997 (49 U.S.C. 

13 24312 note; 111 Stat. 2574) is amended by striking sub14 section (d) and inserting the following: 

15 ‘‘(d) FURLOUGHED WORK.—Amtrak may not con16 tract out work within the scope of work performed by an 

17 employee in a bargaining unit covered by a collective bar18 gaining agreement entered into between Amtrak and an 

19 organization representing Amtrak employees during the 

20 period of time such employee has been laid off involun21 tarily if such employee— 

22 ‘‘(1) is eligible and qualified under the agree23 ment to perform such work in accordance with the 

24 seniority of such employee; and 


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1 ‘‘(2) has not been provided an opportunity to be 

2 recalled to perform such work. 

3 ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING

4 OUT.—This section does not— 

5 ‘‘(1) supersede a prohibition or limitation on 

6 contracting out work covered by an agreement en7 tered into between Amtrak and an organization rep8 resenting Amtrak employees; or 

9 ‘‘(2) prohibit Amtrak and an organization rep10 resenting Amtrak employees from entering into an 

11 agreement that allows for contracting out the work 

12 of a furloughed employee that would otherwise be 

13 prohibited under subsection (d).’’. 

14 (b) WORKFORCE PLAN.—Section 24320(c)(2) of title 

15 49, United State Code, is amended— 

16 (1) in subparagraph (C)(iii)(III) by striking 

17 ‘‘and’’ at the end; 

18 (2) by redesignating subparagraph (D) as sub19 paragraph (E); and 

20 (3) by inserting after subparagraph (C) the fol21 lowing: 

22 ‘‘(D) a summary of Amtrak’s plan to meet 

23 the workforce needs of each asset category, 

24 which shall— 


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1 ‘‘(i) identify any gaps in Amtrak’s 

2 workforce, including any vacancy, skill gap, 

3 or shortage of qualified personnel; 

4 ‘‘(ii) summarize any action Amtrak is 

5 taking to address any such gaps; and 

6 ‘‘(iii) summarize any anticipated 

7 change to the size of the Amtrak workforce 

8 and any cause for such change; and’’. 

9 SEC. 9213. AMTRAK STAFFING. 

10 Section 24312 of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(c) CALL CENTER STAFFING.— 

13 ‘‘(1) OUTSOURCING.—Amtrak may not renew 

14 or enter into a contract to outsource call center cus15 tomer service work on behalf of Amtrak, including 

16 through a business process outsourcing group. 

17 ‘‘(2) TRAINING.—Amtrak shall make available 

18 appropriate training programs to any Amtrak call 

19 center employee carrying out customer service activi20 ties using telephone or internet platforms. 

21 ‘‘(d) STATION AGENT STAFFING.— 

22 ‘‘(1) IN GENERAL.—Amtrak shall ensure that 

23 at least one Amtrak ticket agent is employed at each 

24 station building where at least one Amtrak ticket 

25 agent was employed on or after October 1, 2017. 


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1 ‘‘(2) LOCATIONS.—Amtrak shall ensure that at 

2 least one Amtrak ticket agent is employed at each 

3 station building— 

4 ‘‘(A) that Amtrak owns, or operates service 

5 through, as part of a passenger service route; 

6 and 

7 ‘‘(B) for which the number of passengers 

8 boarding or deboarding an Amtrak long-dis9 tance train in the previous fiscal year exceeds 

10 the average of at least 40 passengers per day 

11 over all days in which the station was serviced 

12 by Amtrak, regardless of the number of Amtrak 

13 vehicles servicing the station per day. For fiscal 

14 year 2021, ridership from fiscal year 2019 shall 

15 be used to determine qualifying stations. 

16 ‘‘(3) EXCEPTION.—This subsection does not 

17 apply to any station building in which a commuter 

18 rail ticket agent has the authority to sell Amtrak 

19 tickets. 

20 ‘‘(4) AMTRAK TICKET AGENT.—For purposes of 

21 this section, the term ‘Amtrak ticket agent’ means 

22 an Amtrak employee with authority to sell Amtrak 

23 tickets onsite and assist in the checking of Amtrak 

24 passenger baggage. 


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1 ‘‘(5) EFFECTIVE DATE.—This subsection shall 

2 take effect on the earlier of— 

3 ‘‘(A) the date of the expiration of the 

4 emergency declaration issued by the President 

5 on March 13, 2020, pursuant to section 501(b) 

6 of the Robert T. Stafford Disaster Relief and 

7 Emergency Assistance Act (42 U.S.C. 5191(b)); 

8 or 

9 ‘‘(B) the day after the period that is the 

10 first 6 consecutive months within a calendar 

11 year for which Amtrak ridership exceeds the 

12 Amtrak ridership for the same 6 consecutive 

13 calendar months in 2019.’’. 

14 SEC. 9214. SPECIAL TRANSPORTATION. 

15 Section 24307(a) of title 49, United States Code, is 

16 amended— 

17 (1) in the matter preceding paragraph (1) by 

18 striking ‘‘for the following:’’ and inserting ‘‘of at 

19 least a 10 percent discount on full-price coach class 

20 rail fares for, at a minimum—’’; 

21 (2) in paragraph (1) by striking the period at 

22 the end and inserting a semicolon; and 

23 (3) by striking paragraph (2) and inserting the 

24 following: 

25 ‘‘(2) individuals of 12 years of age or younger; 


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1 ‘‘(3) individuals with a disability, as such term 

2 is defined in section 3 of the Americans with Dis3 abilities Act of 1990 (42 U.S.C. 12102); 

4 ‘‘(4) members of the Armed Forces on active 

5 duty (as those terms are defined in section 101 of 

6 title 10) and their spouses and dependents with valid 

7 identification; 

8 ‘‘(5) veterans (as that term is defined in section 

9 101 of title 38) with valid identification; and 

10 ‘‘(6) individuals attending federally accredited 

11 postsecondary education institutions with valid stu12 dent identification cards.’’. 

13 SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM. 

14 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

16 following: 

17 ‘‘§ 24324. Disaster and emergency relief program 

18 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

19 may make grants to Amtrak for— 

20 ‘‘(1) capital projects to repair, reconstruct, or 

21 replace equipment, infrastructure, stations, and 

22 other facilities that the Secretary determines are in 

23 danger of suffering serious damage, or have suffered 

24 serious damage, as a result of an emergency event; 


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1 ‘‘(2) offset revenue lost as a result of such an 

2 event; and 

3 ‘‘(3) support continued operations following 

4 emergency events. 

5 ‘‘(b) COORDINATION OF EMERGENCY FUNDS.— 

6 Funds made available to carry out this section shall be 

7 in addition to any other funds available and shall not af8 fect the ability of Amtrak to use any other funds otherwise 

9 authorized by law. 

10 ‘‘(c) GRANT CONDITIONS.—Grants made under this 

11 subsection (a) shall be subject to section 22905(c)(2)(A) 

12 and other such terms and conditions as the Secretary de13 termines necessary. 

14 ‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this 

15 section, the term ‘emergency event’ has the meaning given 

16 such term in section 20103.’’. 

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: 

‘‘24324. Disaster and emergency relief program.’’. 

20 SEC. 9216. ACCESS TO RECREATIONAL TRAILS. 

21 Section 24315 of title 49, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(i) ACCESS TO RECREATIONAL TRAILS.—At least 

24 30 days before implementing a new policy, structure, or 

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1 trak shall work with potentially affected communities, 

2 making a good-faith effort to address local concerns about 

3 such access. Not later than February 15 of each year, Am4 trak shall submit to the Committee on Transportation and 

5 Infrastructure of the House of Representatives and the 

6 Committee on Environment and Public Works of the Sen7 ate a report on any such engagement in the preceding cal8 endar year, and any changes to policies, structures, or op9 erations affecting access to recreational trails that were 

10 considered or made as a result. The report shall include 

11 Amtrak’s plans to mitigate the impact to such access.’’. 

12 SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND 

13 RESILIENCY GRANT PROGRAM. 

14 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

16 following: 

17 ‘‘§ 24325. Amtrak cybersecurity enhancement and re18 siliency grant program 

19 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

20 shall make grants to Amtrak for improvements in infor21 mation technology systems, including cyber resiliency im22 provements for Amtrak information technology assets. 

23 ‘‘(b) APPLICATION OF BEST PRACTICES.—Any cyber 

24 resiliency improvements carried out with a grant under 

25 this section shall be consistent with cybersecurity industry 


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1 best practices and publications issued by the National In2 stitute of Standards and Technology. 

3 ‘‘(c) COORDINATION OF CYBERSECURITY FUNDS.— 

4 Funds made available to carry out this section shall be 

5 in addition to any other Federal funds and shall not affect 

6 the ability of Amtrak to use any other funds otherwise 

7 authorized by law for purposes of enhancing the cyberse8 curity architecture of Amtrak. 

9 ‘‘(d) GRANT CONDITIONS.—In carrying out this sec10 tion— 

11 ‘‘(1) to the extent practicable, the Secretary 

12 shall provide grants consistent with the process es13 tablished under section 24319; 

14 ‘‘(2) the Secretary shall ensure that a grant 

15 made available under this section shall be adminis16 tered and disbursed as part of Amtrak’s annual 

17 grant agreement as authorized by section 

18 24319(d)(1)(B); and 

19 ‘‘(3) a grant made under this section shall be 

20 subject to such terms and conditions as the Sec21 retary determines necessary.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 243 of title 49, United States Code, is further amend24 ed by adding at the end the following: 

‘‘24325. Amtrak cybersecurity enhancement and resiliency grant program.’’. 


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1 SEC. 9218. AMTRAK AND PRIVATE CARS. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that private cars and charter trains can— 

4 (1) improve Amtrak’s financial performance, 

5 particularly on the long-distance routes; 

6 (2) have promotional value for Amtrak that re7 sults in future travel on Amtrak trains by pas8 sengers made aware of Amtrak as a result; 

9 (3) support private-sector jobs, including for 

10 mechanical work and on-board services; and 

11 (4) provide good-will benefits to Amtrak. 

12 (b) POLICY REVIEW.—Amtrak shall review the policy 

13 changes since January 1, 2018, that have caused signifi14 cant changes to the relationship between Amtrak and pri15 vate car owners and charter train services and evaluate 

16 opportunities to strengthen these services, including by re17 instating some access points and restoring flexibility to 

18 charter-train policies. For charter trains, private cars, and 

19 package express carried on regular Amtrak trains, con20 sistent with sound business practice, Amtrak should re21 cover direct costs plus a reasonable profit margin. 

22 SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH. 

23 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

25 following new section: 


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1 ‘‘§ 24326. Amtrak Office of Community Outreach 

2 ‘‘(a) IN GENERAL.—Not later than 180 days after 

3 the date of enactment of the TRAIN Act, Amtrak shall 

4 establish an Office of Community Outreach to engage with 

5 communities impacted by Amtrak operations. 

6 ‘‘(b) RESPONSIBILITIES.—The Office of Community 

7 Outreach shall be responsible for— 

8 ‘‘(1) outreach and engagement with— 

9 ‘‘(A) local officials before capital improve10 ment project plans are finalized; and 

11 ‘‘(B) local stakeholders and relevant orga12 nizations on projects of community significance; 

13 ‘‘(2) clear explanation and publication of how 

14 community members can communicate with Amtrak; 

15 ‘‘(3) the use of virtual public involvement, social 

16 media, and other web-based tools to encourage pub17 lic participation and solicit public feedback; and 

18 ‘‘(4) making publicly available on the website of 

19 Amtrak, planning documents for proposed and im20 plemented capital improvement projects. 

21 ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 

22 after the establishment of the Office of Community Out23 reach, and annually thereafter, Amtrak shall submit to the 

24 Committee on Transportation and Infrastructure in the 

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1 merce, Science, and Transportation of the Senate a report 

2 that— 

3 ‘‘(1) describes the community outreach efforts 

4 undertaken by the Amtrak Office of Community 

5 Outreach for the previous year; and 

6 ‘‘(2) identifies changes Amtrak made to capital 

7 improvement project plans after engagement with af8 fected communities.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chap10 ter 243 of title 49, United States Code, is further amend11 ed by adding at the end the following: 

‘‘24326. Amtrak Office of Community Outreach.’’. 

12 SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT 

13 PROGRAM. 

14 (a) AUTHORIZATION.—Amtrak shall expend not less 

15 than 2.5 percent of the amounts appropriated in each fis16 cal year pursuant to section 9101(a)(2) to enhance the 

17 customer experience on Amtrak long-distance routes. 

18 (b) ELIGIBILITY.—Projects and initiatives to serve 

19 the following purposes, including planning and develop20 ment, are eligible to be implemented by Amtrak under this 

21 section: 

22 (1) Rolling stock interior refreshes and rede23 signs. 


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1 (2) Food and beverage service improvements 

2 consistent with section 24321 of title 49, United 

3 States Code. 

4 (3) Wi-Fi service expansion and improvement. 

5 (4) Enhanced customer experience at stations. 

6 (5) Other customer enhancement initiatives de7 veloped by Amtrak, including initiatives developed in 

8 accordance with subsection (c). 

9 (c) CONSULTATION.—Not later than 90 days after 

10 the date of enactment of this Act, and subsequently on 

11 a periodic basis, Amtrak shall consult with appropriate 

12 States, local governments, labor organizations rep13 resenting railroad employees, and national associations 

14 that represent rail passengers on ways to enhance the cus15 tomer experience on long-distance routes. 

16 (d) USE OF FUNDS FOR OTHER PURPOSES.—Am17 trak may use funds provided under this section for pur18 poses related to long-distance route service other than 

19 those listed in subsection (b) if— 

20 (1) Amtrak determines the use of funds is nec21 essary to— 

22 (A) improve the safety of long-distance 

23 route operations; or 

24 (B) maintain continued operation or serv25 ice levels of any such route; and 


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1 (2) not later than 10 days of the repurposing 

2 of such funds, Amtrak submits to the Secretary, the 

3 Committee on Transportation and Infrastructure 

4 and the Committee on Appropriations of the House 

5 of Representatives, and the Committee on Com6 merce, Science, and Transportation, and the Com7 mittee on Appropriations of the Senate, a report 

8 that includes— 

9 (A) the amount of funds repurposed for a 

10 use described in this subsection, and 

11 (B) the reason for the repurposing of such 

12 funds. 

13 (e) LONG-DISTANCE ROUTE DEFINED.—In this sec14 tion, the term ‘‘long-distance route’’ has the meaning 

15 given the term in section 24102 of title 49, United States 

16 Code. 

17 SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE EN18 ERGY INITIATIVES. 

19 (a) IN GENERAL.—Chapter 243 of title 49, United 

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

21 following new section: 

22 ‘‘§ 24327. Amtrak carbon-free and renewable energy 

23 initiatives 

24 ‘‘(a) EMISSIONS REDUCTION AND ENERGY PLAN.— 


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

2 the date of enactment of the TRAIN Act, Amtrak 

3 shall— 

4 ‘‘(A) develop a greenhouse gas emissions 

5 reduction and energy plan that sets forth a goal 

6 of, a strategy for achieving, and potential 

7 timelines and funding requirements for— 

8 ‘‘(i) becoming a net-zero carbon emis9 sions transportation provider; and 

10 ‘‘(ii) achieving net-zero carbon emis11 sions with respect to Amtrak operations 

12 within the Northeast Corridor; 

13 ‘‘(B) submit the plan to the Secretary of 

14 Transportation, the Committee on Transpor15 tation and Infrastructure of the House of Rep16 resentatives, and the Committee on Commerce, 

17 Science, and Transportation of the Senate; and 

18 ‘‘(C) publish the plan on Amtrak’s website. 

19 ‘‘(2) ADDITIONAL REQUIREMENTS.—The plan 

20 developed under paragraph (1) shall contain— 

21 ‘‘(A) at least 1 option for becoming a net22 zero carbon emissions transportation provider 

23 not later than January 1, 2035; and 

24 ‘‘(B) at least 1 option for achieving net25 zero carbon emissions with respect to Amtrak 


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1 operations within the Northeast Corridor not 

2 later than January 1, 2030. 

3 ‘‘(3) ANNUAL PROGRESS REPORTS.— 

4 ‘‘(A) IN GENERAL.—After submission and 

5 publication of the plan developed under para6 graph (1), Amtrak shall include in each general 

7 and legislative annual report required under 

8 section 24315(b), an update on Amtrak’s 

9 progress towards— 

10 ‘‘(i) becoming a net-zero carbon emis11 sions transportation provider; and 

12 ‘‘(ii) achieving net-zero carbon emis13 sions with respect to Amtrak operations 

14 within the Northeast Corridor. 

15 ‘‘(B) LEGISLATIVE RECOMMENDATIONS.— 

16 The update required under subparagraph (A) 

17 may include recommendations for legislative 

18 changes or changes to funding levels likely to 

19 increase the rate of Amtrak’s progress. 

20 ‘‘(b) CARBON-FREE AND RENEWABLE ENERGY

21 USE.— 

22 ‘‘(1) ENERGY SOURCE REQUIREMENT.—Not 

23 later than 180 days after the date of enactment of 

24 the TRAIN Act, Amtrak shall ensure that any new 

25 or renewed contract between Amtrak and a provider 


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1 of electricity that is used to meet the needs of train 

2 traction power or rail facility power requires that an 

3 amount equal to or greater that 25 percent of such 

4 electricity is derived from carbon-free or renewable 

5 energy sources. 

6 ‘‘(2) INCREASED ENERGY SOURCE GOALS.— 

7 Amtrak shall establish goals for increasing the en8 ergy source requirements described in paragraph 

9 (1), including a goal of requiring— 

10 ‘‘(A) at least 50 percent of electricity de11 rived from such sources for new or renewed 

12 contracts entered into beginning 5 years after 

13 the date of enactment of the TRAIN Act; and 

14 ‘‘(B) 100 percent of electricity derived 

15 from such sources for new or renewed contracts 

16 entered into on or after January 1, 2030. 

17 ‘‘(3) EXCEPTIONS.—The requirements of para18 graph (1) shall not apply in any case in which— 

19 ‘‘(A) no provider of electricity is able to 

20 provide the necessary levels of carbon-free or 

21 renewable energy; 

22 ‘‘(B) compliance with such requirements 

23 would adversely affect Amtrak’s operations or 

24 quality of service to an unreasonable degree; or 


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1 ‘‘(C) compliance with such requirements 

2 would cause an increase of at least 50 percent 

3 in total cost of electricity, as compared to the 

4 total cost of electricity Amtrak would otherwise 

5 have acquired. 

6 ‘‘(4) REPORT.—Not later than 1 year after the 

7 date of enactment of the TRAIN Act, Amtrak shall 

8 submit to the Committee on Transportation and In9 frastructure of the House of Representatives and the 

10 Committee on Commerce, Science, and Transpor11 tation of the Senate a report that identifies opportu12 nities to further increase Amtrak’s use of carbon13 free and renewable energy for train traction power 

14 needs and facility power needs.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 243 of title 49, United States Code, is further amend17 ed by adding at the end the following: 

‘‘24327. Amtrak carbon-free and renewable energy initiatives.’’. 

18 TITLE III—INTERCITY 

19 PASSENGER RAIL POLICY 

20 SEC. 9301. NORTHEAST CORRIDOR COMMISSION. 

21 Section 24905 of title 49, United States Code, is 

22 amended— 

23 (1) in subsection (a)(1)— 

24 (A) in subparagraph (A) by striking 

25 ‘‘members’’ and inserting ‘‘4 members’’; 


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1 (B) in subparagraph (B) by striking 

2 ‘‘members’’ and inserting ‘‘5 members’’; and 

3 (C) in subparagraph (D) by striking ‘‘and 

4 commuter railroad carriers using the Northeast 

5 Corridor selected by the Secretary’’ and insert6 ing ‘‘railroad carriers and commuter authorities 

7 using the Northeast Corridor, as determined by 

8 the Commission’’; 

9 (2) by striking paragraph (2) of subsection (a) 

10 and inserting the following: 

11 ‘‘(2) At least two of the members described in 

12 paragraph (1)(B) shall be career appointees, as such 

13 term is defined in section 3132(a) of title 5.’’; 

14 (3) in subsection (b)(3)(B)— 

15 (A) in clause (i) by inserting ‘‘, including 

16 ridership trends,’’ before ‘‘along the Northeast 

17 Corridor’’; 

18 (B) in clause (ii) by striking ‘‘capital in19 vestment plan described in section 24904.’’ and 

20 inserting ‘‘first year of the capital investment 

21 plan described in section 24904; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(iii) progress in assessing and elimi24 nating the state-of-good-repair backlog.’’; 

25 (4) in subsection (c)— 


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1 (A) by striking ‘‘(1) DEVELOPMENT’’ and 

2 all that follows through ‘‘standardized policy’’ 

3 and inserting the following: 

4 ‘‘(1) POLICY.—The Commission shall— 

5 ‘‘(A) maintain and update, as appropriate, 

6 the ‘Northeast Corridor Commuter and Inter7 city Rail Cost Allocation Policy’ approved on 

8 September 17, 2015,’’; 

9 (B) in paragraph (1)— 

10 (i) in subparagraph (B) by striking ‘‘a 

11 proposed timetable for implementing’’ and 

12 inserting ‘‘timetables for implementing and 

13 maintaining’’; 

14 (ii) in subparagraph (C) by striking 

15 ‘‘the policy and the timetable’’ and insert16 ing ‘‘updates to the policy and the time17 tables’’; and 

18 (iii) by striking subparagraph (D) and 

19 inserting the following: 

20 ‘‘(D) support the efforts of the members of 

21 the Commission to implement the policy in ac22 cordance with such timetables; and’’; 

23 (C) in paragraph (2)— 

24 (i) by striking the first sentence and 

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1 table developed in paragraph (1), Amtrak 

2 and commuter authorities on the North3 east Corridor shall implement the policy 

4 developed under paragraph (1) in agree5 ments for usage of facilities or services.’’; 

6 (ii) by striking ‘‘fail to implement 

7 such new agreements’’ and inserting ‘‘fail 

8 to implement the policy’’; and 

9 (iii) by striking ‘‘paragraph (1)(A), as 

10 applicable’’ and inserting ‘‘paragraph (1)’’; 

11 and 

12 (D) in paragraph (4) by striking ‘‘public 

13 authorities providing commuter rail passenger 

14 transportation’’ and inserting ‘‘commuter au15 thorities’’; 

16 (5) by striking subsection (d); 

17 (6) by redesignating subsection (e) as sub18 section (d); and 

19 (7) in paragraph (1)(D) of subsection (d) (as 

20 redesignated by paragraph (6)) by striking ‘‘com21 muter rail agencies’’ and inserting ‘‘commuter au22 thorities’’. 

23 SEC. 9302. NORTHEAST CORRIDOR PLANNING. 

24 (a) IN GENERAL.—Section 24904 of title 49, United 

25 States Code, is amended— 


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1 (1) by redesignating subsection (e) as sub2 section (f); 

3 (2) by striking subsection (c); 

4 (3) by redesignating subsections (a) and (b) as 

5 subsections (b) and (c), respectively; 

6 (4) by inserting before subsection (b), as so re7 designated, the following: 

8 ‘‘(a) SERVICE DEVELOPMENT PLAN.— 

9 ‘‘(1) REQUIREMENT.—Not later than December 

10 31, 2021, the Northeast Corridor Commission estab11 lished under section 24905 (referred to in this sec12 tion as the ‘Commission’) shall submit to Congress 

13 a service development plan that identifies key state14 of-good-repair, capacity expansion, and capital im15 provement projects planned for the Northeast Cor16 ridor, to upgrade aging infrastructure and improve 

17 the reliability, capacity, connectivity, performance, 

18 and resiliency of passenger rail service on the North19 east Corridor. 

20 ‘‘(2) CONTENTS.—The service development plan 

21 required under paragraph (1) shall— 

22 ‘‘(A) provide a coordinated and consensus23 based plan covering a period of 15 years; 

24 ‘‘(B) identify service objectives and capital 

25 investments needs; 


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1 ‘‘(C) provide a delivery-constrained strat2 egy that identifies capital investment phasing, 

3 an evaluation of workforce needs, and strategies 

4 for managing resources and mitigating con5 struction impacts on operations; 

6 ‘‘(D) describe the anticipated outcomes of 

7 each project or program, including an assess8 ment of improved capacity, travel time, and 

9 other benefits and costs of proposed invest10 ments; 

11 ‘‘(E) include a financial strategy that in12 corporates available funding and identifies 

13 funding needs and potential sources of such 

14 funding; and 

15 ‘‘(F) be updated at least every 5 years.’’; 

16 (5) in subsection (b) (as redesignated by para17 graph (3))— 

18 (A) in paragraph (1)— 

19 (i) in the matter preceding subpara20 graph (A) by striking ‘‘Not later than’’ 

21 and all that follows through ‘‘shall’’ and 

22 inserting ‘‘Not later than November 1 of 

23 each year, the Commission shall’’; 


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1 (ii) in subparagraph (A) by striking 

2 ‘‘a capital investment plan’’ and inserting 

3 ‘‘an annual capital investment plan’’; and 

4 (iii) in subparagraph (B) by inserting 

5 ‘‘for the Northeast Corridor’’ after ‘‘capital 

6 investment plan’’; 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A) by striking 

9 ‘‘and network optimization’’; 

10 (ii) in subparagraph (B) by striking 

11 ‘‘and service’’; 

12 (iii) in subparagraph (C) by striking 

13 ‘‘first fiscal year after the date on which’’ 

14 and inserting ‘‘fiscal year during which’’; 

15 (iv) in subparagraph (D)— 

16 (I) by striking ‘‘identify, 

17 prioritize,’’ and all that follows 

18 through ‘‘and consider’’ and inserting 

19 ‘‘document the projects and programs 

20 being undertaken to achieve the serv21 ice outcomes identified in the North22 east Corridor service development 

23 plan, once available, and the asset 

24 condition needs identified in the 

25 Northeast Corridor asset management 


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1 system described in subsection (e) and 

2 consider’’; and 

3 (II) in clause (i) by inserting 

4 ‘‘overall estimated’’ before ‘‘benefits’’; 

5 (v) in subparagraph (E)(i) by striking 

6 ‘‘normalized capital replacement and’’; 

7 (vi) in subparagraph (F) by adding 

8 ‘‘and’’ at the end; 

9 (vii) by striking subparagraph (G); 

10 and 

11 (viii) by redesignating subparagraph 

12 (H) as subparagraph (G); and 

13 (C) in paragraph (3)— 

14 (i) by striking ‘‘paragraph (2)(H)’’ 

15 and inserting ‘‘paragraph (2)(G)’’; 

16 (ii) in subparagraph (A)— 

17 (I) by inserting ‘‘anticipated’’ be18 fore ‘‘funding sources’’; and 

19 (II) by inserting ‘‘and, in the ab20 sence of an authorization or appro21 priation of funds for a fiscal year, be 

22 based on the amount of funding avail23 able in the previous fiscal year, plus 

24 inflation’’ after ‘‘methods’’; 


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1 (iii) in subparagraph (B) by striking 

2 ‘‘expected allocated shares of costs’’ and 

3 inserting ‘‘status of cost sharing agree4 ments’’; 

5 (iv) in subparagraph (C) by striking 

6 ‘‘and’’ at the end; 

7 (v) by redesignating subparagraph 

8 (D) as subparagraph (E); and 

9 (vi) by inserting after subparagraph 

10 (C) the following: 

11 ‘‘(D) include any funding needs in excess 

12 of amounts authorized or otherwise available in 

13 a fiscal year; and’’; 

14 (6) in subsection (c) (as redesignated by para15 graph (3)) by striking ‘‘may be spent only on’’ and 

16 all that follows through the end and inserting ‘‘may 

17 be spent only on capital projects and programs con18 tained in the Commission’s capital investment plan 

19 from the previous year.’’; and 

20 (7) by striking subsection (d) and inserting the 

21 following: 

22 ‘‘(d) REVIEW AND COORDINATION.—The Commis23 sion shall gather information from Amtrak, the States in 

24 which the Northeast Corridor is located, and commuter 

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1 vestment plan. The Commission may specify a format and 

2 other criteria for the information submitted. Submissions 

3 to the plan from Amtrak, States in which the Northeast 

4 Corridor are located, and commuter rail authorities shall 

5 be provided to the Commission in a manner that allows 

6 for a reasonable period of review by, and coordination 

7 with, affected agencies. 

8 ‘‘(e) NORTHEAST CORRIDOR ASSET MANAGE9 MENT.—With regard to existing infrastructure, Amtrak 

10 and other infrastructure owners that provide or support 

11 intercity rail passenger transportation on the Northeast 

12 Corridor shall develop an asset management system, and 

13 use and update such system as necessary, to develop sub14 missions to the Northeast Corridor capital investment 

15 plan described in subsection (b). Such system shall— 

16 ‘‘(1) be timed consistent with the Federal Tran17 sit Administration process, as authorized under sec18 tion 5326, when implemented; and 

19 ‘‘(2) include, at a minimum— 

20 ‘‘(A) an inventory of all capital assets 

21 owned by the developer of the plan; 

22 ‘‘(B) an assessment of asset condition; 

23 ‘‘(C) a description of the resources and 

24 processes necessary to bring or maintain those 

25 assets in a state of good repair; and 


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1 ‘‘(D) a description of changes in asset con2 dition since the previous version of the plan.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) ACCOUNTS.—Section 24317(d)(1) of title 

5 49, United States Code, is amended— 

6 (A) in subparagraph (B) by striking 

7 ‘‘24904(a)(2)(E)’’ and inserting 

8 ‘‘24904(b)(2)(E)’’; and 

9 (B) in subparagraph (F) by striking 

10 ‘‘24904(b)’’ and inserting ‘‘24904(c)’’. 

11 (2) FEDERAL-STATE PARTNERSHIP FOR STATE

12 OF GOOD REPAIR.—Section 24911(e)(2) of title 49, 

13 United States Code, is amended by striking 

14 ‘‘24904(a)’’ and inserting ‘‘24904(b)’’. 

15 SEC. 9303. PROTECTIVE ARRANGEMENTS. 

16 Section 22905 of title 49, United States Code, is 

17 amended— 

18 (1) in subsection (c)(2)(B) by striking ‘‘that are 

19 equivalent to the protective arrangements established 

20 under section 504 of the Railroad Revitalization and 

21 Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ 

22 and inserting ‘‘established by the Secretary under 

23 subsection (e)(1)’’; 

24 (2) by redesignating subsections (e) and (f) as 

25 subsections (f) and (g), respectively; and 


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1 (3) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) EQUIVALENT EMPLOYEE PROTECTIONS.— 

4 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

5 after the date of enactment of this subsection, the 

6 Administrator of the Federal Railroad Administra7 tion shall establish protective arrangements equiva8 lent to those established under section 504 of the 

9 Railroad Revitalization and Regulatory Reform Act 

10 of 1976 (45 U.S.C. 836), and require such protec11 tive arrangements to apply to employees described 

12 under subsection (c)(2)(B) and as required under 

13 subsection (j) of section 22907. 

14 ‘‘(2) PUBLICATION.—The Administrator shall 

15 make available on a publicly available website the 

16 protective arrangements established under para17 graph (1).’’. 

18 SEC. 9304. INTERSTATE RAIL COMPACTS. 

19 (a) IDENTIFICATION.—Section 410 of the Amtrak 

20 Reform and Accountability Act of 1997 (Public Law 105– 

21 134; 49 U.S.C. 24101 note) is amended— 

22 (1) in subsection (b)(2) by striking ‘‘(except 

23 funds made available for Amtrak)’’; and 

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


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1 ‘‘(c) INTERSTATE RAIL COMPACTS PROGRAM.—The 

2 Secretary of Transportation shall— 

3 ‘‘(1) make available on a publicly accessible 

4 website a list of interstate rail compacts established 

5 in accordance with subsection (a); 

6 ‘‘(2) provide information to the public regarding 

7 interstate rail compacts, including how States may 

8 establish interstate rail compacts under subsection 

9 (a); and 

10 ‘‘(3) annually update the information provided 

11 under paragraph (2).’’. 

12 (b) GRANTS AUTHORIZED.—Chapter 229 of title 49, 

13 United States Code, is further amended by adding at the 

14 end the following: 

15 ‘‘§ 22910. Interstate rail compacts support program 

16 ‘‘(a) IN GENERAL.—The Secretary shall develop and 

17 implement a competitive grant program for providing ad18 ministrative assistance, including salaries, benefits, travel, 

19 and other administrative expenses, to eligible applicants 

20 to support interstate and regional efforts— 

21 ‘‘(1) to improve the safety, efficiency, or reli22 ability of intercity passenger rail; and 

23 ‘‘(2) to promote and develop intercity passenger 

24 rail service, including through initiating, restoring, 

25 or enhancing intercity passenger rail service. 


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1 ‘‘(b) APPLICANT SELECTION CRITERIA.— 

2 ‘‘(1) IN GENERAL.—In awarding grants under 

3 this section, the Secretary shall consider— 

4 ‘‘(A) the amount of other funding received 

5 by an applicant (including funding from rail6 roads) or other significant participation by 

7 State, local, and regional governmental and pri8 vate entities; 

9 ‘‘(B) the applicant’s work to facilitate and 

10 encourage regional planning for passenger rail 

11 improvement, enhancement, and development; 

12 ‘‘(C) the applicant’s work to foster, 

13 through rail transportation systems, economic 

14 development, particularly in rural communities, 

15 for socially disadvantaged individuals, and for 

16 disadvantaged populations; 

17 ‘‘(D) the applicant’s efforts to provide 

18 guidance to local communities on public and 

19 private resources relate to community concerns, 

20 such as congestion, rail and grade crossing 

21 safety, trespasser prevention, quiet zones, 

22 idling, and rail line relocations; 

23 ‘‘(E) whether the applicant seeks to restore 

24 service over routes formerly operated by Am25 trak, including routes described in section 


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1 11304(a) of the Passenger Rail Reform and In2 vestment Act of 2015 (title XI of division A of 

3 Public Law 114–94); 

4 ‘‘(F) the applicant’s intent to provide 

5 intercity passenger rail service to regions and 

6 communities that are underserved or not served 

7 by other intercity public transportation; 

8 ‘‘(G) whether the applicant is enhancing 

9 connectivity and geographic coverage of the ex10 isting national network of intercity rail pas11 senger service; 

12 ‘‘(H) the applicant’s efforts to engage with 

13 entities to deploy railroad safety technology or 

14 programs, including trespassing prevention, rail 

15 integrity inspection systems, or grade crossing 

16 safety; 

17 ‘‘(I) whether the applicant prepares re18 gional rail and corridor service development 

19 plans and corresponding environmental anal20 ysis; and 

21 ‘‘(J) whether the applicant has engaged 

22 with the Federal, local, or State government 

23 and transportation planning agencies to identify 

24 projects necessary to enhance multimodal con25 nections or facilitate service integration between 


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1 rail service and other modes, including between 

2 intercity rail passenger transportation and 

3 intercity bus service, commercial air service, or 

4 commuter rail service. 

5 ‘‘(2) PREFERENCE.—In selecting grant recipi6 ents, the Secretary shall give preference to appli7 cants that are initiating, restoring, or enhancing 

8 intercity rail passenger transportation. 

9 ‘‘(c) APPLICATION PROCESS.—The Secretary shall 

10 prescribe the form and manner of submitting applications 

11 under this section. 

12 ‘‘(d) PERFORMANCE MEASURES.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall estab14 lish performance measures for each grant recipient 

15 to assess progress in achieving strategic goals and 

16 objectives. 

17 ‘‘(2) ANNUAL REPORT.— The Secretary shall 

18 require grant recipients to submit an annual report 

19 of the activities of such recipient and information re20 lated to applicable performance measures, which 

21 may include— 

22 ‘‘(A) a demonstration of progress to 

23 achieve or advance the relevant criteria de24 scribed in subsection (b); and 


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1 ‘‘(B) the amount of non-Federal matching 

2 funds provided from each member State. 

3 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COST.— 

4 The Secretary shall require each recipient of a grant under 

5 this subsection to provide a non-Federal match of not less 

6 than 50 percent of the administrative assistance to the 

7 interstate rail compact. 

8 ‘‘(f) APPLICABLE REQUIREMENTS.—The use of any 

9 amounts appropriated for grants under this section shall 

10 be subject to the applicable requirements under this chap11 ter. 

12 ‘‘(g) APPLICABILITY.—Amounts appropriated to 

13 carry out this section shall remain available until ex14 pended. 

15 ‘‘(h) LIMITATIONS.— 

16 ‘‘(1) MAXIMUM FUNDING PER APPLICANT.— 

17 The Secretary may not award grants under this sec18 tion in an amount exceeding $500,000 annually for 

19 each applicant. 

20 ‘‘(2) NUMERIC LIMITATION.—The Secretary 

21 may not provide grants under this section to more 

22 than 10 interstate rail compacts in any fiscal year. 

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

24 ‘‘(1) APPLICANT.—The term ‘applicant’ means 

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1 sion composed of 2 or more States that has been es2 tablished to promote, develop, or operate intercity 

3 passenger rail transportation systems. 

4 ‘‘(2) INTERCITY PASSENGER RAIL SERVICE.— 

5 The term ‘intercity passenger rail service’ has the 

6 meaning given the term ‘intercity rail passenger 

7 transportation’ in section 24102.’’. 

8 (c) CLERICAL AMENDMENT.—The analysis for chap9 ter 229 of title 49, United States Code, is further amend10 ed by adding at the end the following: 

‘‘22910. Interstate rail compacts support program.’’. 

11 SEC. 9305. HIGH-SPEED RAIL UPDATES. 

12 (a) HIGH-SPEED RAIL CORRIDOR PLANNING.—Sec13 tion 26101 of title 49, United States Code, is amended— 

14 (1) in subsection (b)(1)— 

15 (A) in the matter preceding subparagraph 

16 (A) by striking ‘‘, or if it is an activity de17 scribed in subparagraph (M)’’; 

18 (B) in subparagraph (J) by striking 

19 ‘‘right-of-way improvements’’ and inserting 

20 ‘‘right-of-way acquisition or improvement 

21 needs’’; 

22 (C) in subparagraph (K) by inserting 

23 ‘‘and’’ at the end; and 

24 (D) by striking subparagraphs (L) and 

25 (M) and inserting the following: 


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1 ‘‘(L) public costs in the creation of public pri2 vate partnerships.’’; and 

3 (2) in subsection (c)— 

4 (A) by striking paragraphs (1) through (3) 

5 and inserting the following: 

6 ‘‘(1) the extent to which the proposed planning 

7 focuses on systems which will provide for high-speed 

8 rail; 

9 ‘‘(2) the integration of the corridor into metro10 politan area and statewide transportation planning, 

11 including State rail plans; 

12 ‘‘(3) the use of rail stations within urbanized 

13 areas that are located in a geographic area with a 

14 greater density population than the urbanized area 

15 as a whole;’’; 

16 (B) in paragraph (4) by inserting before 

17 the semicolon ‘‘, passenger rail, transit, and 

18 other multimodal options’’; 

19 (C) in paragraph (6) by inserting ‘‘and re20 duce greenhouse gas emissions’’ before the 

21 semicolon; and 

22 (D) in paragraph (11) by inserting ‘‘, in23 cluding access to affordable housing’’ before the 

24 semicolon. 


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1 (b) DEFINITIONS.—Section 26105(2) of title 49, 

2 United States Code, is amended— 

3 (1) by inserting ‘‘made available to members of 

4 the general public as passengers and reasonably ex5 pected to reach speeds of’’ after ‘‘service which is’’; 

6 (2) in subparagraph (A) by striking ‘‘reason7 ably expected to reach sustained speeds of more 

8 than 125 miles per hour; and’’ and inserting ‘‘160 

9 miles per hour or more on shared-use right-of-way; 

10 or’’; and 

11 (3) in subparagraph (B) by striking ‘‘made 

12 available to members of the general public as pas13 sengers’’ and inserting ‘‘186 miles per hour or more 

14 on dedicated right-of-way’’. 

15 (c) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 

16 Section 26106(e)(2) of title 49, United States Code, is 

17 amended— 

18 (1) in subparagraph (A)(i) by striking ‘‘section 

19 211 of the Passenger Rail Investment and Improve20 ment Act of 2008’’ and inserting ‘‘section 

21 24904(a)’’; and 

22 (2) in subparagraph (C)(i)— 

23 (A) by striking subclause (III); 

24 (B) by redesignating subclause (II) as sub25 clause (III); 


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1 (C) by inserting after subclause (I) the fol2 lowing: 

3 ‘‘(II) connectivity to rail stations 

4 within urbanized areas that are lo5 cated in a geographic area with a 

6 greater density population than the 

7 urbanized area as a whole;’’; and 

8 (D) by striking subclause (IV) and insert9 ing the following: 

10 ‘‘(IV) environmental benefits, in11 cluding projects that— 

12 ‘‘(aa) reduce greenhouse gas 

13 emissions; and 

14 ‘‘(bb) involve electrification 

15 or the purchase of environ16 mentally sensitive, fuel-efficient, 

17 and cost-effective passenger rail 

18 equipment;’’. 

19 SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS. 

20 (a) IN GENERAL.—Chapter 229 of title 49, United 

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

22 following: 

23 ‘‘§ 22911. State rail planning formula funds 

24 ‘‘(a) IN GENERAL.—In carrying out this chapter, the 

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1 cent of the amounts made available for programs under 

2 this chapter to provide grants to States— 

3 ‘‘(1) for State or multi-State regional intercity 

4 passenger rail corridor planning or project-specific, 

5 intercity passenger rail planning purposes; or 

6 ‘‘(2) for funding rail projects otherwise eligible 

7 under section 22907 if no intercity passenger rail 

8 planning is feasible. 

9 ‘‘(b) LIMITATION OF FUNDS.—Any unobligated bal10 ances of a grant under this section remaining after 3 years 

11 from the fiscal year in which the grant was made shall 

12 be redistributed in an appropriate portion. 

13 ‘‘(c) DEFINITIONS.—In this section: 

14 ‘‘(1) APPROPRIATE PORTION.—The term ‘ap15 propriate portion’ means a share, for each State— 

16 ‘‘(A) one quarter of which is comprised of 

17 the ratio that the total railroad route miles in 

18 such State bears to the total railroad route 

19 miles in the United States, excluding from each 

20 such total the route miles used exclusively for 

21 tourist excursions; 

22 ‘‘(B) one quarter of which is comprised of 

23 the ratio that the population in such State 

24 bears to the total population of the United 


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1 States, as determined by the Bureau of the 

2 Census; and 

3 ‘‘(C) half of which is comprised of the ratio 

4 that the Amtrak ridership for fiscal year 2019 

5 in each State bears to the total Amtrak rider6 ship for fiscal year 2019. 

7 ‘‘(2) STATE.—The term ‘State’ means each of 

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

9 (b) CLERICAL AMENDMENT.—The analysis for chap10 ter 229 of title 49, United States Code, is further amend11 ed by adding at the end the end the following: 

‘‘22911. State rail planning formula funds.’’. 

12 SEC. 9307. NORTH ATLANTIC RAIL INTERSTATE COMPACT. 

13 (a) IN GENERAL.—Chapter 249 of title 49, United 

14 States Code, is amended by inserting after section 24905 

15 the following: 

16 ‘‘§ 24905A. North Atlantic Rail Interstate Compact; 

17 North Atlantic Rail Network 

18 ‘‘(a) NORTH ATLANTIC RAIL INTERSTATE COM19 PACT.— 

20 ‘‘(1) ESTABLISHMENT.—Not later than 180 

21 days after the date of the enactment of this section, 

22 the Secretary of Transportation shall appoint a di23 rector for the North Atlantic Rail Interstate Com24 pact (referred to in this section as the ‘Compact’) in 


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1 collaboration with states identified in paragraph 

2 (2)(A). 

3 ‘‘(2) BOARD OF DIRECTORS.— 

4 ‘‘(A) COMPOSITION.—The Compact shall 

5 be governed by a board of directors, which shall 

6 be composed of directors, of whom— 

7 ‘‘(i) 2 directors shall be appointed by 

8 the Secretary of Transportation; 

9 ‘‘(ii) 1 director shall be appointed by 

10 the Chief Executive Officer of Amtrak; 

11 ‘‘(iii) 2 directors shall be appointed by 

12 the Governor of Connecticut; 

13 ‘‘(iv) 2 directors shall be appointed by 

14 the Governor of Maine; 

15 ‘‘(v) 2 directors shall be appointed by 

16 the Governor of Massachusetts; 

17 ‘‘(vi) 2 directors shall be appointed by 

18 the Governor of New Hampshire; 

19 ‘‘(vii) 2 directors shall be appointed 

20 by the Governor of New York; 

21 ‘‘(viii) 2 directors shall be appointed 

22 by the Governor of Rhode Island; and 

23 ‘‘(ix) 2 directors shall be appointed by 

24 the Governor of Vermont. 


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1 ‘‘(B) TERM; QUALIFICATIONS.—Of the in2 dividuals appointed pursuant to each of the 

3 clauses (iii) through (ix) of paragraph (1)— 

4 ‘‘(i) 1 shall be the head of the respec5 tive State department of transportation; 

6 and 

7 ‘‘(ii) the other director appointed by 

8 the respective governor— 

9 ‘‘(I) shall serve for a 5-year term; 

10 ‘‘(II) shall be a resident of the 

11 appointing governor’s State; 

12 ‘‘(III) may not be an employee of 

13 the government of such State; and 

14 ‘‘(IV) shall be an expert in trans15 portation policy, finance, public policy, 

16 planning or a related discipline associ17 ated with the purpose and mission of 

18 the Compact. 

19 ‘‘(C) NO COMPENSATION.—Directors shall 

20 serve without pay, but shall receive travel ex21 penses, including per diem in lieu of subsist22 ence, in accordance with applicable provisions of 

23 subchapter I of chapter 57 of title 5, United 

24 States Code. 


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1 ‘‘(3) PURPOSE.—The purpose of the Compact 

2 shall be to construct, on an accelerated basis, a 

3 North Atlantic Rail Network in order— 

4 ‘‘(A) to provide clean, safe, coordinated 

5 and efficient high-speed and high-performance 

6 passenger rail transportation in the 7-State 

7 North Atlantic Rail Network region; including 

8 the improvement of existing intercity passenger 

9 rail services; 

10 ‘‘(B) to reduce carbon emissions from auto 

11 and air transportation in such region in order 

12 to meet the greenhouse gas performance targets 

13 established under section 150(d) of title 23; and 

14 ‘‘(C) to provide employment opportunities 

15 and economic development in the cities and re16 gions served by a North Atlantic Rail Network. 

17 ‘‘(4) STAFFING.—The directors and officers of 

18 the Compact may appoint and fix the pay of such 

19 personnel, as they consider necessary and appro20 priate, to advance the design and construction of a 

21 North Atlantic Rail Network. 

22 ‘‘(5) COORDINATION.—The Compact, in design23 ing and constructing a North Atlantic Rail Network, 

24 shall coordinate and cooperate with— 

25 ‘‘(A) the Secretary of Transportation; 


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1 ‘‘(B) the Northeast Corridor Commission; 

2 ‘‘(C) Amtrak; 

3 ‘‘(D) State departments of transportation, 

4 regional transportation authorities, and other 

5 State-established entities, responsible for the 

6 provision of passenger rail in the North Atlantic 

7 Rail Network region; and 

8 ‘‘(E) freight railroads that host passenger 

9 trains or operate freight trains over passenger 

10 rail lines within the territory. 

11 ‘‘(b) NORTH ATLANTIC RAIL NETWORK.— 

12 ‘‘(1) CREATION.—Notwithstanding the existing 

13 service along the Northeast Corridor, the Compact 

14 shall construct a North Atlantic Rail Network, 

15 which may include— 

16 ‘‘(A) additional high-speed rail service be17 tween Boston and New York; 

18 ‘‘(B) a high-performance network of inter19 city passenger rail transportation throughout 

20 the 7-State region; and 

21 ‘‘(C) an integrated network of metropolitan 

22 passenger rail transportation coordinated with 

23 the high-speed rail service referred to in sub24 paragraph (A). 


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1 ‘‘(2) AUTHORIZATIONS.—The Compact shall 

2 have the same authorities provided to interstate 

3 compacts in section 410 of the Amtrak Reform and 

4 Accountability Act of 1997 (49 U.S.C. 24101 note), 

5 including— 

6 ‘‘(A) receiving appropriations— 

7 ‘‘(i) to plan, design, engineer, and ac8 quire property (including railroad rights9 of-way); 

10 ‘‘(ii) to conduct competitive procure11 ments; 

12 ‘‘(iii) to enter into construction con13 tracts; 

14 ‘‘(iv) to form project labor agree15 ments; and 

16 ‘‘(v) to construct a North Atlantic 

17 Rail Network; 

18 ‘‘(B) utilizing all design-build and other al19 ternative procurement policies and practices ap20 proved by the Department of Transportation; 

21 ‘‘(C) utilizing existing authorities to expe22 dite reviews for infrastructure investment with23 in existing rights of way under the National 

24 Environmental Policy Act of 1969 (42 U.S.C. 

25 4321 et seq.); and 


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1 ‘‘(D) contracting with Amtrak, State de2 partments of transportation, or related oper3 ating entities within the 7-State North Atlantic 

4 Rail Network region to design or construct ele5 ments of a North Atlantic Rail Network. 

6 ‘‘(3) COMMENCEMENT OF OPERATIONS.—The 

7 Compact shall commence operations and be eligible 

8 for appropriated funding in any State that has rati9 fied the Compact, upon the ratification of a min10 imum of 2 states of the Compact. 

11 ‘‘(4) RESPONSIBILITIES.—If a State depart12 ment of transportation or its related operating entity 

13 owns the right-of-way for a rail line segment within 

14 a North Atlantic Rail Network, such department or 

15 entity shall be responsible for the design and con16 struction of improvements on such segment of a 

17 North Atlantic Rail Network. 

18 ‘‘(5) WORK PERFORMED ON RIGHT-OF-WAY.— 

19 Notwithstanding paragraph (2)(D), all work done in 

20 existing rail right-of-way shall be performed only in 

21 accordance with the rail collective bargaining agree22 ments applicable to work performed on such right23 of-way.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for chap25 ter 249 of title 49, United States Code, is amended by 


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1 inserting after the item relating to section 24905 the fol2 lowing: 

‘‘24905A. North Atlantic Rail Interstate Compact; North Atlantic Rail Network.’’. 

3 (c) SUNSET.—Upon the earlier of the completion of 

4 the construction of all of the elements of a North Atlantic 

5 Rail Network created pursuant to subsection (b)(1) of sec6 tion 24905A of title 49, United States Code, as added by 

7 this Act, or the date that is 20 years after the date of 

8 the enactment of this Act— 

9 (1) the North Atlantic Rail Interstate Compact 

10 established pursuant to subsection (a)(1) of such 

11 section shall be dissolved; and 

12 (2) the assets of the North Atlantic Rail Inter13 state Compact shall be transferred to Amtrak. 

14 TITLE IV—COMMUTER RAIL 

15 POLICY 

16 SEC. 9401. SENSE OF CONGRESS REGARDING COMMUTER 

17 RAIL LIABILITY INSURANCE. 

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

19 (1) Prior to the COVID–19 pandemic, 32 com20 muter railroads across the United States safely car21 ried passengers on more than 500,000,000 trips 

22 each year. 


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1 (2) Commuter rail is a $9,900,000,000 industry 

2 that creates and supports more than 200,000 public3 and private-sector jobs, and continues to grow. 

4 (3) Most commuter rail agencies are required to 

5 maintain liability insurance up to statutory liability 

6 limits. 

7 (4) Commuter rail agencies face significant ob8 stacles to finding and obtaining liability insurance. 

9 (5) Only a handful of insurers offer this cov10 erage, and a significant percentage of the railroad li11 ability insurance marketplace is provided by foreign 

12 companies. 

13 (6) The number of insurers in the American 

14 and foreign markets willing to even offer potential 

15 capacity for this coverage has drastically decreased 

16 over the past several years, and, regardless of cost, 

17 it is becoming extremely difficult for commuter rail18 roads to obtain the needed coverage. 

19 (7) Despite the exceptional safety record of 

20 commuter railroads and recent full compliance with 

21 positive train control, a 2021 survey of the American 

22 Public Transportation Association’s commuter rail 

23 agencies revealed that there has been a 60 percent 

24 increase in premium costs over the last 3 years. 


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1 (8) The increase in premiums is largely due to 

2 factors outside the control of the commuter rail in3 dustry, including major forest fires, hurricanes, and 

4 insurers exiting the market. 

5 (9) The cost of liability insurance severely im6 pacts the operating budgets of many commuter rail 

7 agencies and potentially affects their ability to offer 

8 these critical public transportation services. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that Congress should address the capacity and cost 

11 issues associated with the commuter rail liability insurance 

12 market and consider establishing a commuter rail insur13 ance program within the Department of Transportation. 

14 SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 

15 OF TRACKAGE USE REQUESTS. 

16 Section 28502 of title 49, United States Code, is 

17 amended to read as follows: 

18 ‘‘§ 28502. Surface Transportation Board mediation of 

19 trackage use requests 

20 ‘‘A rail carrier shall provide good faith consideration 

21 to a reasonable request from a provider of commuter rail 

22 passenger transportation for access to trackage and provi23 sion of related services. If, after a reasonable period of 

24 negotiation, a public transportation authority cannot 

25 reach agreement with a rail carrier to use trackage of, and 


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1 have related services provided by, the rail carrier for pur2 poses of commuter rail passenger transportation, the pub3 lic transportation authority or the rail carrier may apply 

4 to the Board for nonbinding mediation. In any case in 

5 which dispatching for the relevant trackage is controlled 

6 by a rail carrier other than the trackage owner, both shall 

7 be subject to the requirements of this section and included 

8 in the Board’s mediation process. The Board shall conduct 

9 the nonbinding mediation in accordance with the medi10 ation process of section 1109.4 of title 49, Code of Federal 

11 Regulations, as in effect on the date of enactment of the 

12 TRAIN Act. During such mediation process, the Board 

13 shall determine whether the consideration a rail carrier 

14 provided to a request was in good faith and whether the 

15 request from a provider of commuter rail passenger trans16 portation was reasonable. The determinations made in the 

17 preceding sentence shall have no effect on the nonbinding 

18 nature of the mediation.’’. 

19 SEC. 9403. SURFACE TRANSPORTATION BOARD MEDIATION 

20 OF RIGHTS-OF-WAY USE REQUESTS. 

21 Section 28503 of title 49, United States Code, is 

22 amended to read as follows: 


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1 ‘‘§ 28503. Surface Transportation Board mediation of 

2 rights-of-way use requests 

3 ‘‘A rail carrier shall provide good faith consideration 

4 to a reasonable request from a provider of commuter rail 

5 passenger transportation for access to rail right-of-way for 

6 the construction and operation of a segregated fixed guide7 way facility. If, after a reasonable period of negotiation, 

8 a public transportation authority cannot reach agreement 

9 with a rail carrier to acquire an interest in a railroad 

10 right-of-way for the construction and operation of a seg11 regated fixed guideway facility to provide commuter rail 

12 passenger transportation, the public transportation au13 thority or the rail carrier may apply to the Board for non14 binding mediation. In any case in which dispatching for 

15 the relevant trackage is controlled by a rail carrier other 

16 than the right-of-way owner, both shall be subject to the 

17 requirements of this section and included in the Board’s 

18 mediation process. The Board shall conduct the non19 binding mediation in accordance with the mediation proc20 ess of section 1109.4 of title 49, Code of Federal Regula21 tions, as in effect on the date of enactment of the TRAIN 

22 Act. During such mediation process, the Board shall de23 termine whether the consideration a rail carrier provided 

24 to a request was in good faith and whether the request 

25 from a provider of commuter rail passenger transportation 

26 was reasonable. The determinations made in the preceding 


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1 sentence shall have no effect on the nonbinding nature of 

2 the mediation.’’. 

3 TITLE V—RAIL SAFETY 

4 Subtitle A—Passenger and Freight 

5 Safety 

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

7 (a) STUDY.—The Secretary of Transportation shall 

8 conduct a study on the safety impacts of the operation 

9 of long trains. 

10 (b) CONTENTS.—The study conducted under sub11 section (a) shall include— 

12 (1) an examination of any potential risks of the 

13 operation of long trains and recommendations on 

14 mitigation of any such risks; 

15 (2) among other safety factors with respect to 

16 the operation of such trains, an evaluation of any— 

17 (A) potential risk of loss of communica18 tions between an end-of-train device, or a dis19 tributed power unit, and the locomotive cab, in20 cluding communications over differing terrains 

21 and conditions; 

22 (B) potential risk of loss of radio commu23 nications between crewmembers after a crew24 member alights from a train, including commu25 nications over differing terrains and conditions; 


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1 (C) potential risk of derailments, including 

2 any risks associated with in-train compressive 

3 forces and slack action, or other safety risks in 

4 differing terrains and conditions; 

5 (D) changes in risks or benefits to safety 

6 associated with the deployment of multiple dis7 tributed power units in the consists of such 

8 trains; and 

9 (E) impacts of the length of trains on 

10 braking and locomotive performance and track 

11 wear and tear; and 

12 (3) an evaluation of whether additional engineer 

13 and conductor training is required for safely oper14 ating such trains. 

15 (c) COLLABORATION.—In conducting the study re16 quired under subsection (a), the Secretary shall collabo17 rate with railroad carriers, labor organizations rep18 resenting railroad employees, and railroad safety tech19 nology manufacturers. 

20 (d) RESULTS OF STUDY.— 

21 (1) REPORT.—Not later than 24 months after 

22 the date of enactment of this Act, the Secretary 

23 shall submit to the Committee on Transportation 

24 and Infrastructure of the House of Representatives 

25 and the Committee on Commerce, Science, and 


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1 Transportation of the Senate a report that con2 tains— 

3 (A) the results of the study required by 

4 subsection (a); 

5 (B) any recommendations for mitigating 

6 safety risks caused by long trains; and 

7 (C) a description of any action the Sec8 retary intends to take to address any safety risk 

9 identified in the study. 

10 (2) SHARING STUDY RESULTS.—After submit11 ting the report required by paragraph (1), the Sec12 retary shall share the results of the study with rail13 road carriers, labor organizations representing rail14 road employees, and safety technology organizations. 

15 (e) SECRETARY ACTION.—Not later than 180 days 

16 after the date on which the report required by subsection 

17 (d)(1) is submitted, the Secretary shall implement any 

18 proposed actions described in such report. 

19 (f) DEFINITION.—In this section, the term ‘‘long 

20 train’’ means a freight train composed of more than 150 

21 rail cars. 

22 (g) FUNDING.—From the amounts made available 

23 for fiscal year 2021 to carry out section 20117(a) of title 

24 49, United States Code, the Secretary shall expend not 


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1 less than $1,000,000 and not more than $2,000,000 to 

2 carry out this section. 

3 SEC. 9502. FRA SAFETY REPORTING. 

4 (a) IN GENERAL.—Section 20901 of title 49, United 

5 States Code, is amended by inserting ‘‘(including the train 

6 length, the number of crew members in the controlling lo7 comotive cab, and the duties of such crew members)’’ after 

8 ‘‘reported accident or incident’’. 

9 (b) REGULATIONS.—Not later than 1 year after the 

10 date of enactment of this Act, the Secretary of Transpor11 tation shall issue such regulations as are necessary to 

12 carry out the amendment made by subsection (a). 

13 (c) TREND ANALYSIS.— 

14 (1) IN GENERAL.—Chapter 209 of title 49, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘§ 20904. Trend analysis 

18 ‘‘(a) ANNUAL REVIEW AND ANALYSIS.—Not later 

19 than 1 year after the date of enactment of the TRAIN 

20 Act, and not less frequently than annually thereafter, the 

21 Secretary shall review the reports filed by a railroad car22 rier subject to section 20901(a) and analyze the data con23 tained in such reports for trends or patterns of potential 

24 safety risks. 


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1 ‘‘(b) SECRETARY ACTION.—If the Secretary identi2 fies any such trends or patterns, the Secretary shall— 

3 ‘‘(1) take such actions as are necessary to ad4 dress the potential safety risk; and 

5 ‘‘(2) if appropriate, communicate any such 

6 trends or patterns to a representative of any rel7 evant railroad carrier and a representative of the 

8 employees of such railroad carrier, including any 

9 nonprofit employee labor organization representing a 

10 craft or class of employees subject to the potential 

11 safety risk.’’. 

12 (2) CLERICAL AMENDMENT.—The analysis for 

13 chapter 209 of title 49, United States Code, is 

14 amended by adding at the end the following: 

‘‘20904. Trend analysis.’’. 

15 (d) ACCIDENT AND INCIDENT REPORTING.—Section 

16 209 of the Rail Safety Improvement Act of 2008 (49 

17 U.S.C. 20901 note) is amended by inserting ‘‘, and other 

18 events required to be reported under part 225 of title 49, 

19 Code of Federal Regulations,’’ after ‘‘collisions and fatali20 ties’’. 

21 SEC. 9503. WAIVER NOTICE REQUIREMENTS. 

22 Section 20103(d) of title 49, United States Code, is 

23 amended to read as follows: 

24 ‘‘(d) NONEMERGENCY WAIVERS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may waive 

2 or suspend compliance with any part of a regulation 

3 prescribed or order issued under this chapter if the 

4 waiver or suspension is in the public interest and 

5 consistent with railroad safety. 

6 ‘‘(2) NOTICE REQUIRED.—The Secretary 

7 shall— 

8 ‘‘(A) provide timely public notice of any re9 quest for a waiver or suspension under this sub10 section; 

11 ‘‘(B) make the application for such waiver 

12 or suspension and any related underlying data 

13 available to interested parties; 

14 ‘‘(C) provide the public with notice and a 

15 reasonable opportunity to comment on a pro16 posed waiver or suspension under this sub17 section before making a final decision; and 

18 ‘‘(D) make public the reasons for granting 

19 a waiver or suspension under this subsection. 

20 ‘‘(3) INFORMATION PROTECTION.—Nothing in 

21 this subsection shall be construed to require the re22 lease of information protected by law from public 

23 disclosure.’’. 


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1 SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY COM2 PLIANCE ASSESSMENTS. 

3 (a) INITIAL NOTICE.—If the Federal Railroad Ad4 ministration initiates a comprehensive safety compliance 

5 assessment of an entity providing regularly scheduled 

6 intercity or commuter rail passenger transportation, the 

7 Administration shall notify in electronic format the Com8 mittee on Transportation and Infrastructure of the House 

9 of Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate of such com11 prehensive safety compliance assessment not later than 10 

12 business days after the date on which commencement of 

13 any field investigation activity that is part of such assess14 ment occurs. 

15 (b) FINDINGS.—Not later than 180 days after com16 pletion of a comprehensive safety compliance assessment 

17 described in subsection (a), the Federal Railroad Adminis18 tration shall transmit in electronic format 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 summary re22 port of the findings of such assessment. 

23 (c) DEFINITION OF COMPREHENSIVE SAFETY COM24 PLIANCE ASSESSMENT.—In this section, the term ‘‘com25 prehensive safety compliance assessment’’ means a fo26 cused review initiated and managed by the Federal RailVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01488 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 road Administration based on findings from an accident 

2 investigation and involving at least 2 technical disciplines, 

3 with the purpose of examining the compliance of an entity 

4 providing regularly scheduled intercity or commuter rail 

5 passenger transportation with safety standards. 

6 SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 

7 Section 20902 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (b) by striking ‘‘subpena’’ and 

10 inserting ‘‘subpoena’’; 

11 (2) in subsection (c) by inserting ‘‘The Sec12 retary shall develop a process to make available to 

13 a representative of the railroad carrier that is the 

14 subject of an accident or incident investigation, and 

15 to a representative of the employees of such railroad 

16 carrier, including a nonprofit employee labor organi17 zation representing railroad workers, a draft inves18 tigation report for timely review and comment.’’ 

19 after the period at the end; and 

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

21 ‘‘(d) GATHERING INFORMATION AND TECHNICAL

22 EXPERTISE.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall create 

24 a standard process for investigators to use during 


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1 accident and incident investigations conducted under 

2 this section to— 

3 ‘‘(A) gather information about an accident 

4 or incident under investigation from railroad 

5 carriers, contractors or employees of railroad 

6 carriers or representatives of employees of rail7 road carriers, and others determined relevant 

8 by the Secretary; and 

9 ‘‘(B) consult with railroad carriers, con10 tractors or employees of railroad carriers or 

11 representatives of employees of railroad car12 riers, and others determined relevant by the 

13 Secretary, for technical expertise on the facts of 

14 the accident or incident under investigation. 

15 ‘‘(2) CONFIDENTIALITY.—In developing the 

16 process under paragraph (1), the Secretary shall fac17 tor in ways to maintain the confidentiality of any en18 tity identified under paragraph (1) if— 

19 ‘‘(A) such entity requests confidentiality; 

20 ‘‘(B) such entity was not involved in the 

21 accident or incident; and 

22 ‘‘(C) maintaining such entity’s confiden23 tiality does not adversely affect an investigation 

24 of the Federal Railroad Administration. 


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1 ‘‘(3) APPLICATION OF LAW.—This subsection 

2 shall not apply to any investigation carried out by 

3 the National Transportation Safety Board.’’. 

4 SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 

5 (a) IN GENERAL.—Subchapter II of chapter 201 of 

6 title 49, United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 20169. Freight train crew size safety standards 

9 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 

10 operated unless such train has a 2-person crew comprised 

11 of at least 1 appropriately qualified and certified con12 ductor and 1 appropriately qualified and certified loco13 motive engineer. 

14 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 

15 (d), the prohibition in subsection (a) shall not apply in 

16 any of the following circumstances: 

17 ‘‘(1) Train operations on track that is not a 

18 main track. 

19 ‘‘(2) A train operated— 

20 ‘‘(A) by a railroad carrier that has fewer 

21 than 400,000 total employee work hours annu22 ally and less than $40,000,000 annual revenue 

23 (adjusted for inflation as measured by the Sur24 face Transportation Board Railroad Inflation25 Adjusted Index); 


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1 ‘‘(B) at a speed of not more than 25 miles 

2 per hour; and 

3 ‘‘(C) on a track with an average track 

4 grade of less than 2 percent for any segment of 

5 track that is at least 2 continuous miles. 

6 ‘‘(3) Locomotives performing assistance to a 

7 train that has incurred mechanical failure or lacks 

8 the power to traverse difficult terrain, including 

9 traveling to or from the location where assistance is 

10 provided. 

11 ‘‘(4) Locomotives that— 

12 ‘‘(A) are not attached to any equipment or 

13 attached only to a caboose; and 

14 ‘‘(B) do not travel farther than 30 miles 

15 from the point of origin of such locomotive. 

16 ‘‘(5) Train operations staffed with fewer than a 

17 two-person crew at least 1 year prior to the date of 

18 enactment of this section, if the Secretary deter19 mines that the operation achieves an equivalent level 

20 of safety. 

21 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex22 ceptions under subsection (b) may not be applied to— 

23 ‘‘(1) a train transporting 1 or more loaded cars 

24 carrying high-level radioactive waste, spent nuclear 

25 fuel, or material toxic by inhalation; 


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1 ‘‘(2) a train carrying 20 or more loaded tank 

2 cars of a Class 2 material or a Class 3 flammable 

3 liquid in a continuous block or a single train car4 rying 35 or more loaded tank cars of a Class 2 ma5 terial or a Class 3 flammable liquid throughout the 

6 train consist; or 

7 ‘‘(3) a train with a total length of 7,500 feet or 

8 greater. 

9 ‘‘(d) WAIVER.—A railroad carrier may seek a waiver 

10 of the requirements of this section pursuant to section 

11 20103(d).’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for sub13 chapter II of chapter 201 of title 49, United States Code, 

14 is amended by adding at the end the following: 

‘‘20169. Freight train crew size safety standards.’’. 

15 SEC. 9507. BORDER CROSSINGS. 

16 (a) BORDER CROSSINGS.—The Secretary of Trans17 portation shall require that— 

18 (1) any railroad carrier that is operating a 

19 freight train across the southern border into the 

20 United States operates the train continually until 

21 the last car of the train passes through the scanning 

22 facility used for nonintrusive inspection by U.S. Cus23 toms and Border Protection located at such border; 

24 (2) when the last car of such train passes 

25 through such facility, the railroad carrier shall stop 


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1 such train to conduct a crew interchange and any 

2 federally-mandated safety testing; and 

3 (3) the railroad carrier ensures that the only in4 dividuals that operate such trains after carrying out 

5 the activities described in paragraph (2) are individ6 uals— 

7 (A) who are United States nationals or 

8 aliens lawfully admitted for permanent resi9 dence in the United States; and 

10 (B) whose primary reporting point is in 

11 the United States. 

12 (b) FUNDING.— 

13 (1) SET-ASIDE.—From the amounts made 

14 available to carry out section 22907 of title 49, 

15 United States Code, the Secretary shall set aside, 

16 for each of fiscal years 2022 through 2026, 

17 $60,000,000 for projects to prevent blocked crossing 

18 incidents as a result of operations made necessary 

19 by subsection (a). Projects eligible for funding under 

20 this paragraph are— 

21 (A) highway-rail grade crossing separation 

22 projects eligible under such section that are lo23 cated not further than 1.5 miles from a scan24 ning facility described in subsection (a)(1); and 


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1 (B) projects eligible under such section to 

2 relocate a rail line to prevent blocked crossing 

3 incidents resulting from trains crossing the 

4 southern border. 

5 (2) UNOBLIGATED FUNDS.—Any funds pro6 vided under paragraph (1) that are unobligated at 

7 the end of the second fiscal year following the fiscal 

8 year in which such funds are set aside may be used 

9 for any eligible project under section 22907. 

10 (c) AGREEMENT.—The Secretary shall ensure that a 

11 recipient of funds made available under subsection 

12 (b)(1)(A) has a written agreement with any railroad car13 rier operating over the infrastructure constructed or im14 proved with such funds that includes a requirement that 

15 any such railroad carrier may not operate trains over such 

16 infrastructure that, due to the length of the train, are like17 ly to cause blocked crossing incidents. 

18 (d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed as amending any safety regulation 

20 of the Federal Railroad Administration or amending or 

21 revoking any waivers such Administration has granted 

22 under section 20103 of title 49, United States Code. 

23 (e) DEFINITIONS.—In this section: 


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1 (1) RAILROAD CARRIER.—The term ‘‘railroad 

2 carrier’’ has the meaning given such term in section 

3 20102 of title 49, United States Code. 

4 (2) SOUTHERN BORDER.—The term ‘‘southern 

5 border’’ means the international border between the 

6 United States and Mexico. 

7 (3) BLOCKED CROSSING INCIDENT.—The term 

8 ‘‘blocked crossing incident’’ has the meaning given 

9 such term in section 20173 of title 49, United 

10 States Code. 

11 SEC. 9508. YARDMASTERS HOURS OF SERVICE. 

12 (a) LIMITATIONS ON DUTY HOURS OF YARDMASTER

13 EMPLOYEES.—Section 21103 of title 49, United States 

14 Code, is amended— 

15 (1) in the section heading by inserting ‘‘and 

16 yardmaster employees’’ after ‘‘train em17 ployees’’; 

18 (2) by inserting ‘‘or yardmaster employee’’ after 

19 ‘‘train employee’’ each place it appears; and 

20 (3) in subsection (e) by inserting ‘‘or 

21 yardmaster employee’s’’ after ‘‘During a train em22 ployee’s’’. 

23 (b) DEFINITIONS.—Section 21101 of title 49, United 

24 States Code, is amended— 


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1 (1) in paragraph (3) by inserting ‘‘a yardmaster 

2 employee,’’ after ‘‘dispatching service employee,’’; 

3 and 

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

5 ‘‘(6) ‘yardmaster employee’ means an individual 

6 responsible for supervising and coordinating the con7 trol of trains and engines operating within a rail 

8 yard.’’. 

9 (c) CONFORMING AMENDMENT.—The analysis for 

10 chapter 211 of title 49, United States Code, is amended 

11 by striking the item relating to section 21103 and insert12 ing the following: 

‘‘21103. Limitations on duty hours of train employees and yardmaster employees.’’. 

13 SEC. 9509. LEAKING BRAKES. 

14 (a) IN GENERAL.—The Administrator of the Federal 

15 Railroad Administration shall take such actions as are 

16 necessary to prohibit the use of any service air brake con17 trol valve or emergency air brake control valve in any loca18 tion north of the 37th parallel during the period beginning 

19 on November 1 and ending on March 31 of any year if— 

20 (1) the period between the date on which the 

21 air brake control valve is in use and the date of the 

22 manufacture or recondition of such valve exceeds 15 

23 years; and 

24 (2) the air brake control valve is operated in— 


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1 (A) a unit train on or after August 1, 

2 2023; 

3 (B) a train transporting 1 or more mate4 rials poisonous by inhalation, as such term is 

5 defined in section 171.8 of title 49, Code of 

6 Federal Regulations, on or after August 1, 

7 2023; or 

8 (C) a non-unit train on or after August 1, 

9 2025. 

10 (b) REPORTS.—Not later than 1 year after the date 

11 of enactment of this Act, and every year thereafter until 

12 air brake control valves described in subsection (a) are no 

13 longer operating in trains as required under subpara14 graphs (A) and (B) of subsection (a)(1), the Adminis15 trator shall transmit to the Committee on Transportation 

16 and Infrastructure of the House of Representatives and 

17 the Committee on Commerce, Science, and Transportation 

18 of the Senate a report that identifies— 

19 (1) the estimated number of such air brake con20 trol valves in use on— 

21 (A) unit trains operating north of the 37th 

22 parallel between November 1 and March 31; 

23 and 

24 (B) trains transporting 1 or more material 

25 poisonous-by-inhalation operating north of the 


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1 37th parallel during the period beginning on 

2 November 1 and ending on March 31; 

3 (2) any issues affecting the industry’s progress 

4 toward ensuring that such air brake control valves 

5 are phased out in accordance with the requirements 

6 of subsection (a); and 

7 (3) efforts the Administrator has taken since 

8 the previous report to ensure such air brake control 

9 valves are phased out in accordance with the re10 quirements of subsection (a). 

11 (c) RULEMAKING.—If, after collecting data through 

12 a science-based methodology, the Administrator deter13 mines the prohibition under subsection (a) does not ensure 

14 a sufficient level of safety, the Administrator may propose 

15 alternative actions in a rulemaking addressing the air 

16 brake control valves subject to this section. 

17 SEC. 9510. REPORT ON PTC SYSTEM FAILURES. 

18 Section 20157 of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(m) REPORT OF SYSTEM FAILURES.—The Sec21 retary shall require railroad carriers and other entities 

22 subject to subsection (a) to regularly report to the Admin23 istrator failures of positive train control systems. The Sec24 retary shall prescribe the type of failure, format, interval, 


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1 and detail required for reports submitted under this sub2 section.’’. 

3 SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary of Transpor6 tation shall issue final regulations on fatigue management 

7 plans based on the notice of proposed rulemaking pub8 lished on December 22, 2020, titled ‘‘Fatigue Risk Man9 agement Programs for Certain Passenger and Freight 

10 Railroads’’ (85 Fed. Reg. 83484; Docket No. FRA–2015– 

11 0122). 

12 (b) MONITORING.— 

13 (1) FATIGUE AS CAUSE OR CONTRIBUTING FAC14 TOR.—If a Federal Railroad Administration railroad 

15 accident or incident investigation conducted under 

16 section 20902 of title 49, United States Code, iden17 tifies that fatigue was a casual or contributing factor 

18 to an accident or incident, the Secretary may reopen 

19 a fatigue management plan of a passenger railroad 

20 operation or a railroad subject to part 270 or part 

21 271, respectively, of title 49, Code of Federal Regu22 lations. 

23 (2) FATIGUE AS SYSTEMIC ISSUE.—If the Sec24 retary determines that fatigue is a systemic issue for 

25 a passenger railroad operation or railroad, the SecVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01500 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 retary shall reopen a fatigue management plan of 

2 such passenger railroad operation or a railroad sub3 ject to part 270 or part 271, respectively, of title 49, 

4 Code of Federal Regulations. 

5 (3) REOPENING OF FATIGUE MANAGEMENT

6 PLAN.—If the Secretary reopens a fatigue manage7 ment plan under paragraph (1) or (2), the Secretary 

8 shall— 

9 (A) consider whether any statement filed 

10 under sections 270.208(e) and 271.207(e) of 

11 title 49, Code of Federal Regulations, addressed 

12 such plan; and 

13 (B) consult with employees, including labor 

14 organizations representing railroad employees, 

15 of the passenger railroad operation or railroad 

16 that has a reopened fatigue management plan. 

17 SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS. 

18 (a) IN GENERAL.—Subchapter II of chapter 201 of 

19 title 49, United States Code, as amended by this division, 

20 is further amended by adding at the end the following: 

21 ‘‘§ 20170. Assault prevention and response plans 

22 ‘‘(a) IN GENERAL.—Not later than 180 days after 

23 the date of enactment of the TRAIN Act, any entity that 

24 provides regularly scheduled intercity or commuter rail 

25 passenger transportation shall submit to the Secretary of 


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1 Transportation for review and approval an assault preven2 tion and response plan (in this section referred to as the 

3 ‘Plan’) to address transportation assaults. 

4 ‘‘(b) CONTENTS OF PLAN.—The Plan required under 

5 subsection (a) shall include— 

6 ‘‘(1) procedures that— 

7 ‘‘(A) facilitate the reporting of a transpor8 tation assault, including the notification of on9 site personnel, rail law enforcement, and local 

10 law enforcement; 

11 ‘‘(B) personnel should follow up on the re12 porting of a transportation assault, including 

13 actions to protect affected individuals from con14 tinued assault; 

15 ‘‘(C) may be taken to remove the pas16 senger or personnel who has committed a trans17 portation assault from the train or related area 

18 or facility as soon as practicable when appro19 priate; 

20 ‘‘(D) include protections and safe reporting 

21 practices for passengers who may have been as22 saulted by personnel; and 

23 ‘‘(E) may limit or prohibit, to the extent 

24 practicable, future travel with the entity de25 scribed in subsection (a) by any passenger or 


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1 personnel who commits a transportation assault 

2 against personnel or passengers; 

3 ‘‘(2) a policy that ensures an employee who is 

4 a victim or witness of a transportation assault may 

5 participate in the prosecution of a criminal offense 

6 of such assault without any adverse effect on the vic7 tim’s or witnesses’ employment status; and 

8 ‘‘(3) a process and timeline for conducting an 

9 annual review and update of the Plan. 

10 ‘‘(c) NOTICE TO PASSENGERS.—An entity described 

11 under subsection (a) shall display onboard trains and in 

12 boarding areas, as appropriate, a notice stating the enti13 ty’s abilities to restrict future travel under subsection 

14 (b)(1)(E). 

15 ‘‘(d) PERSONNEL TRAINING.—An entity described 

16 under subsection (a) shall provide initial and annual train17 ing for all personnel on the contents of the Plan, including 

18 training regarding— 

19 ‘‘(1) the procedures described in subsection (b); 

20 ‘‘(2) methods for responding to hostile situa21 tions, including de-escalation training; and 

22 ‘‘(3) rights and responsibilities of personnel 

23 with respect to a transportation assault on them24 selves, other personnel, or passengers. 


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1 ‘‘(e) PERSONNEL PARTICIPATION.—The Plan re2 quired under subsection (a) shall be developed and imple3 mented with the direct participation of personnel, and, as 

4 applicable, labor organizations representing personnel. 

5 ‘‘(f) REPORTING.— 

6 ‘‘(1) INCIDENT NOTIFICATION.— 

7 ‘‘(A) IN GENERAL.—Not later than 10 

8 days after a transportation assault incident, the 

9 applicable entity described in subsection (a) 

10 shall notify personnel employed at the location 

11 in which the incident occurred. In the case of 

12 an incident on a vehicle, such entity shall notify 

13 personnel regularly scheduled to carry out em14 ployment activities on the service route on 

15 which the incident occurred. 

16 ‘‘(B) CONTENT OF INCIDENT REPORT.— 

17 The notification required under paragraph (1) 

18 shall— 

19 ‘‘(i) include a summary of the inci20 dent; and 

21 ‘‘(ii) be written in a manner that pro22 tects the confidentiality of individuals in23 volved in the incident. 

24 ‘‘(2) ANNUAL REPORT.—For each calendar 

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1 tation assault incident has been reported during 

2 such year shall submit to the Secretary a report that 

3 describes— 

4 ‘‘(A) the number of assault incidents re5 ported to the entity, including— 

6 ‘‘(i) the number of incidents com7 mitted against passengers; and 

8 ‘‘(ii) the number of incidents com9 mitted against personnel; and 

10 ‘‘(B) the number of assault incidents re11 ported to rail or local law enforcement by per12 sonnel of the entity. 

13 ‘‘(3) PUBLICATION.—The Secretary shall make 

14 available to the public on the primary website of the 

15 Federal Railroad Administration the data collected 

16 under paragraph (2). 

17 ‘‘(4) DATA PROTECTION.—Data made available 

18 under this subsection shall be made available in a 

19 manner that protects the confidentiality of individ20 uals involved in transportation assault incidents. 

21 ‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.— 

22 In this section, the term ‘transportation assault’ means 

23 the occurrence, or reasonably suspected occurrence, of an 

24 act that— 

25 ‘‘(1) constitutes assault; 


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1 ‘‘(2) is committed by a passenger or member of 

2 personnel of an entity that provides regularly sched3 uled intercity or commuter rail passenger transpor4 tation against another passenger or member of per5 sonnel of such entity; and 

6 ‘‘(3) takes place— 

7 ‘‘(A) within a vehicle of such entity; or 

8 ‘‘(B) in an area in which passengers are 

9 entering or exiting a vehicle described in sub10 paragraph (A); or 

11 ‘‘(C) at a station or facility where such en12 tity operates, regardless of ownership of the 

13 station or facility.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

15 subchapter II of chapter 201 of title 49, United States 

16 Code, as amended by this division, is further amended by 

17 adding at the end the following: 

‘‘20170. Assault prevention and response plans.’’. 

18 SEC. 9513. CRITICAL INCIDENT STRESS PLANS. 

19 The Secretary of Transportation shall issue such reg20 ulations as are necessary to amend part 272 of title 49, 

21 Code of Federal Regulations, to ensure that— 

22 (1) the coverage of a critical incident stress 

23 plan under section 272.7 of such part includes di24 rectly involved employees of commuter railroads and 


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1 intercity passenger railroads, as such terms are de2 fined in section 272.9 of such part; and 

3 (2) assault and the witnessing of an assault 

4 against an employee or train passenger is included 

5 in the definition of critical incident under section 

6 272.9 of such part. 

7 SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICA8 TION. 

9 (a) AUDIT OF PROGRAMS.— 

10 (1) IN GENERAL.—Subchapter II of chapter 

11 201 of title 49, United States Code, as amended by 

12 this division, is further amended by adding at the 

13 end the following: 

14 ‘‘§ 20171. Audit of qualification and certification pro15 grams 

16 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of the TRAIN Act, and not less fre18 quently than every 5 years thereafter, the Secretary shall 

19 conduct an audit of— 

20 ‘‘(1) the qualification and certification program 

21 of locomotive engineers of each Class I railroad car22 rier subject to the requirements of part 240 of title 

23 49, Code of Federal Regulations; and 

24 ‘‘(2) the qualification and certification program 

25 of conductors of each Class I railroad carrier subject 


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1 to the requirements of part 242 of title 49, Code of 

2 Federal Regulations. 

3 ‘‘(b) CONTENTS OF AUDIT.—In carrying out the 

4 audit required under subsection (a), the Secretary shall— 

5 ‘‘(1) consider whether the training, qualifica6 tion, and continuing education components of the 

7 programs described in subsection (a) comply with 

8 regulations in parts 240 and 242 of title 49, Code 

9 of Federal Regulations; 

10 ‘‘(2) assess the quality of the training that rail11 road carriers provide locomotive engineers and con12 ductors under such programs; 

13 ‘‘(3) determine whether such programs provide 

14 locomotive engineers and conductors the knowledge, 

15 skill, and ability to safely operate the types of loco16 motives or trains a railroad carrier may require a lo17 comotive engineer and conductor to operate, includ18 ing all associated technology used on such loco19 motives or trains; 

20 ‘‘(4) determine whether the training, qualifica21 tion, and continuing education components of such 

22 programs reflect the operating practices of the rail23 road carrier carrying out such components; 

24 ‘‘(5) assess whether a railroad carrier con25 ducting such programs provides locomotive engineers 


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1 or conductors adequate at-controls training before 

2 certification; 

3 ‘‘(6) assess how a railroad carrier uses a simu4 lator or other technology to train, familiarize, or 

5 provide recurrent training to a locomotive engineer 

6 or conductor, including how the use of a simulator 

7 or other such technology compares to international 

8 experience or practice; and 

9 ‘‘(7) 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— 

16 ‘‘(1) publish on the website of the Federal Rail17 road Administration a report that summarizes the 

18 results of the audit and any updates made in accord19 ance with subsection (c); and 

20 ‘‘(2) notify of such report the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate. 

24 ‘‘(g) CIVIL PENALTY.—The Secretary is authorized 

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1 forcement action, as appropriate, pursuant to chapter 213 

2 for a failure to comply with the requirements of this sec3 tion.’’. 

4 (2) CLERICAL AMENDMENT.—The analysis for 

5 subchapter II of chapter 201 of title 49, United 

6 States Code, as amended by this division, is further 

7 amended by adding at the end the following: 

‘‘20171. Audit of qualification and certification programs.’’. 

8 (b) REVIEW OF REGULATIONS.— 

9 (1) IN GENERAL.—The Secretary of Transpor10 tation shall determine whether any update to part 

11 240 or 242, of title 49, Code of Federal Regulations, 

12 is necessary to prepare locomotive engineers and 

13 conductors to safely operate trains. 

14 (2) REQUIREMENTS.—In making a determina15 tion under paragraph (1), the Secretary shall— 

16 (A) evaluate, taking into account the re17 quirements of section 20169 of title 49, United 

18 States Code, whether such parts establish Fed19 eral standards for railroad carriers to— 

20 (i) provide locomotive engineers and 

21 conductors the knowledge, skill and ability 

22 to safely operate trains under conditions 

23 that reflect industry practices; 


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1 (ii) adequately address locomotive en2 gineer and conductor situational aware3 ness; 

4 (iii) require adequate at-controls 

5 training before a locomotive engineer or 

6 conductor is certified; 

7 (iv) adequately prepare locomotive en8 gineers and conductors to understand all 

9 locomotive operating characteristics; 

10 (v) sufficiently require locomotive en11 gineers and conductors to demonstrate 

12 knowledge on the physical characteristics 

13 of a territory under various conditions and 

14 using various resources; and 

15 (vi) address any other safety issue the 

16 Secretary determines appropriate for bet17 ter preparing locomotive engineers and 

18 conductors; and 

19 (B) consider the results of the audit re20 quired by section 20171 of title 49, United 

21 States Code. 

22 (3) REPORT TO CONGRESS.—Not later than 

23 180 days after the date on which the Secretary sub24 mits the report required under section 20171(f) of 

25 title 49, United States Code, the Secretary shall 


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1 submit to the Committee on Transportation and In2 frastructure of the House of Representatives and the 

3 Committee on Commerce, Science, and Transpor4 tation of the Senate a report that includes the find5 ings of the review required under paragraph (1) and 

6 a description of any action the Secretary intends to 

7 take to improve, or increase the effectiveness of the 

8 requirements of, part 240 or 242 of title 49, Code 

9 of Federal Regulations. 

10 (4) RULEMAKING.—If the Secretary determines 

11 under paragraph (1) that any update to part 240 or 

12 242 is necessary to prepare locomotive engineers or 

13 conductors to safely operate locomotives or trains, 

14 the Secretary shall issue a rulemaking to carry out 

15 such update. 

16 (5) APPLICATION OF LAW.—Any action the Sec17 retary takes as a result of a determination made 

18 under paragraph (1) shall be consistent with section 

19 20169 of title 49, United States Code. 

20 (6) DEFINITION OF RAILROAD CARRIER.—In 

21 this subsection, the term ‘‘railroad carrier’’ has the 

22 meaning given such term in section 20102 of title 

23 49, United States Code. 


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1 SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION. 

2 (a) IN GENERAL.—Subchapter II of chapter 201 of 

3 title 49, United States Code, as amended by this division, 

4 is further amended by adding at the end the following: 

5 ‘‘§ 20172. Safety management team communication 

6 ‘‘The Administrator of the Federal Railroad Adminis7 tration shall implement a process for the communication 

8 of information between safety management teams of the 

9 Administration and railroad employees, including any non10 profit employee labor organization representing railroad 

11 employees. Such process shall include a reasonable time12 frame for a safety management team to respond to com13 munication from such railroad employees.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for sub15 chapter II of chapter 201 of title 49, United States Code, 

16 as amended by this division, is further amended by adding 

17 at the end the following: 

‘‘20172. Safety management team communication.’’. 

18 SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF 

19 RAILROAD SAFETY. 

20 (a) STUDY.—The Comptroller General of the United 

21 States shall conduct a study comparing the Office of Rail22 road Safety of the Federal Railroad Administration before 

23 and after the reorganization of such Office that took effect 

24 on June 8, 2020. 


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1 (b) CONTENTS.—The study conducted under sub2 section (a) shall evaluate— 

3 (1) the differences in the structure of the Office 

4 before and after such reorganization; 

5 (2) any differences in the communication be6 tween the Office and railroad carriers and the em7 ployees of railroad carriers before and after such re8 organization; 

9 (3) any differences in the communication be10 tween Federal Railroad Administration safety in11 spectors and other specialists before and after such 

12 reorganization, and the impacts of such differences; 

13 (4) whether the structure before or after such 

14 reorganization better protects against regulatory 

15 capture; 

16 (5) whether the structure before or after such 

17 reorganization is better at promoting and ensuring 

18 safety; 

19 (6) whether the structure before or after such 

20 reorganization more closely resembles the structure 

21 of other Department of Transportation modal agen22 cies that have enforcement authority similar to the 

23 Federal Railroad Administration; and 

24 (7) any other issues the Comptroller General 

25 determines are relevant. 


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1 (c) INFORMATION COLLECTION.—In conducting the 

2 study required under this section, the Comptroller General 

3 shall collect information from the following entities: 

4 (1) The Federal Railroad Administration. 

5 (2) Freight rail carriers and passenger rail car6 riers. 

7 (3) Employees of freight rail carriers and pas8 senger rail carriers. 

9 (4) Other entities the Comptroller General de10 termines are relevant. 

11 (d) REPORT.—Not later than 1 year after the date 

12 of enactment of this Act, the Comptroller General shall 

13 transmit to the Committee on Transportation and Infra14 structure of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the 

16 Senate a report that includes the findings of the study 

17 conducted under subsection (a) and any recommendations 

18 for improving safety and communication within the Office 

19 of Railroad Safety or between the Office of Railroad Safe20 ty and the entities identified in paragraphs (2) and (3) 

21 of subsection (c). 

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

23 Not later than 1 year after the date of enactment 

24 of this Act, the Administrator of the Federal Railroad Ad25 ministration shall initiate a public process to seek input 


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1 on addressing safety risks, spills, emissions, odors, and 

2 other public nuisances associated with top loading rail 

3 cars, open-top hoppers, and gondolas, including evaluating 

4 the feasibility of a requirement that such rail cars be cov5 ered while in transportation, including while being held, 

6 delayed, or transferred. 

7 SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFE8 TY VALIDATION PLAN. 

9 (a) IN GENERAL.—Subchapter I of chapter 201 of 

10 title 49, United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘§ 20122. New passenger service pre-revenue safety 

13 validation plan 

14 ‘‘(a) SAFETY VALIDATION PLAN.— 

15 ‘‘(1) IN GENERAL.—The Secretary of Transpor16 tation shall require a covered entity to submit to the 

17 Secretary a safety validation plan to ensure the safe 

18 operation of— 

19 ‘‘(A) a new intercity rail passenger trans20 portation or commuter rail passenger transpor21 tation service; 

22 ‘‘(B) an intercity rail passenger transpor23 tation or commuter rail passenger transpor24 tation route that has not been in revenue serv25 ice for a period of more than 180 days; or 


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1 ‘‘(C) an extension of an existing intercity 

2 rail passenger transportation or commuter rail 

3 passenger transportation route. 

4 ‘‘(2) SUBMISSION.—A covered entity shall sub5 mit a safety validation plan required under para6 graph (1) not later than 30 days before the date on 

7 which such entity begins revenue service of a service 

8 or route described in paragraph (1). 

9 ‘‘(b) REQUIREMENTS.— 

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

11 after the date of enactment of the TRAIN Act, the 

12 Secretary shall establish the requirements of the 

13 safety validation plan described under subsection 

14 (a), including adequate training of all relevant per15 sonnel and a minimum period of simulated service to 

16 ensure operational readiness. 

17 ‘‘(2) PROHIBITION OF SERVICE.—The Secretary 

18 shall prohibit a covered entity from beginning a serv19 ice described in subsection (a)(1) until the entity is 

20 in full compliance with the safety validation plan re21 quired by such subsection. 

22 ‘‘(c) AMENDMENT TO SAFETY VALIDATION PLAN.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall require 

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1 view and approval any proposed amendment to a 

2 safety validation plan required under subsection (a). 

3 ‘‘(2) REVIEW AND APPROVAL.—Not later than 

4 5 working days after the date on which the Sec5 retary receives a proposed amendment submitted 

6 under paragraph (1), the Secretary shall review and 

7 approve or deny such proposed amendment. 

8 ‘‘(3) NOTIFICATION.—If the Secretary does not 

9 approve a proposed amendment submitted under 

10 this subsection, the Secretary shall provide written 

11 notice to the covered entity of the specific areas in 

12 which the proposed amendment is deficient. An enti13 ty may correct such deficiencies and reapply for re14 view and approval under this subsection. 

15 ‘‘(d) DEFINITIONS.—In this section: 

16 ‘‘(1) COVERED ENTITY.—The term ‘covered en17 tity’ means an entity providing regularly scheduled 

18 railroad transportation that is intercity rail pas19 senger transportation or commuter rail passenger 

20 transportation. 

21 ‘‘(2) INTERCITY RAIL PASSENGER TRANSPOR22 TATION; COMMUTER RAIL PASSENGER TRANSPOR23 TATION.—The terms ‘intercity rail passenger trans24 portation’ and ‘commuter rail passenger transporVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01519 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tation’ have the meanings given such terms in sec2 tion 24102.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for sub4 chapter I of chapter 201 of title 49, United States Code, 

5 is amended by adding at the end the following new item: 

‘‘20122. New passenger service pre-revenue safety validation plan.’’. 

6 SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND 

7 EMERGING RAIL TECHNOLOGIES. 

8 (a) IN GENERAL.—The Secretary of Transportation 

9 shall conduct a review of the safety regulations of the Fed10 eral Railroad Administration to determine the applicability 

11 of such regulations to nontraditional and emerging rail 

12 technologies and to identify any gaps in such regulations 

13 or any challenges to ensuring the safety of such tech14 nologies. 

15 (b) REPORT.—Not later than 18 months after the 

16 date of enactment of this Act, the Secretary shall submit 

17 to the Committee on Transportation and Infrastructure 

18 of the House of Representatives and the Committee on 

19 Commerce, Science, and Transportation of the Senate a 

20 report on the findings of the review conducted under sub21 section (a). 

22 (c) CONTENTS.—The report required under sub23 section (b) shall include a description of— 


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1 (1) the applicability of safety regulations in ef2 fect on the date of enactment of this Act to non3 traditional and emerging rail technologies; 

4 (2) whether gaps in the regulations or other 

5 challenges exist that should be addressed in order to 

6 ensure the safety of nontraditional and emerging rail 

7 technologies; 

8 (3) any additional regulations that are nec9 essary to ensure the safety of nontraditional and 

10 emerging rail technologies; and 

11 (4) any additional research that may be needed 

12 to further evaluate and regulate the safety of non13 traditional and emerging rail technologies. 

14 (d) PUBLIC NOTICE AND COMMENT.—In conducting 

15 the review process under subsection (a), the Secretary 

16 shall provide notice and an opportunity for public com17 ment for not less than 60 days. 

18 (e) NONTRADITIONAL AND EMERGING RAIL TECH19 NOLOGIES DEFINED.—In this section, the term ‘‘nontradi20 tional and emerging rail technologies’’ means nonhighway 

21 ground transportation that runs on electromagnetic guide22 ways in a tube, or system of tubes, that operates in a low23 pressure environment. 


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1 SEC. 9520. FRA SAFETY INSPECTOR AND SPECIALIST RE2 VIEW. 

3 (a) REVIEW.—The Administrator of the Federal 

4 Railroad Administration shall review the position descrip5 tions and pay grades of railroad safety inspection per6 sonnel and railroad safety specialists employed by the Of7 fice of Railroad Safety. 

8 (b) CONTENTS OF REVIEW.—The review under sub9 section (a) shall— 

10 (1) consider whether the descriptions of the po11 sitions described in subsection (a) accurately reflect 

12 the scope of work and duties of the personnel and 

13 specialists described in such subsection, including 

14 any technological advancements that impact the 

15 scope of work and duties; 

16 (2) compare the pay grades of such positions to 

17 the pay grades of personnel employed by other De18 partment of Transportation agencies and the Na19 tional Transportation Safety Board who have scopes 

20 of work and duties comparable to those of railroad 

21 safety inspection personnel and railroad safety spe22 cialists; and 

23 (3) assess whether the Administration experi24 ences difficulty in recruiting or retaining such per25 sonnel and specialists and identify the reasons for 

26 such difficulty. 


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1 (c) REPORT.—Not later than 180 days after the date 

2 of enactment of this Act, the Administrator shall transmit 

3 to the Committee on Transportation and Infrastructure 

4 of the House of Representatives and the Committee on 

5 Commerce, Science, and Transportation of the Senate a 

6 report that— 

7 (1) summarizes the findings of the review re8 quired by this section; 

9 (2) describes how the Administration plans to 

10 update the position descriptions of such personnel 

11 and specialists to accurately reflect the scope of 

12 work and duties, including any technological ad13 vancements that impact the scope of work and du14 ties; and 

15 (3) describes how pay grades may be updated 

16 to retain and recruit such personnel and specialists. 

17 Subtitle B—Grade Crossing Safety 

18 SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION 

19 GRANTS. 

20 (a) IN GENERAL.—Chapter 229 of title 49, United 

21 States Code, as amended by this division, is further 

22 amended by adding at the end the following: 


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1 ‘‘§ 22912. Highway-rail grade crossing separation 

2 grants 

3 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

4 Transportation shall make grants under this section to eli5 gible entities to assist in funding the cost of highway-rail 

6 grade crossing separation projects. 

7 ‘‘(b) APPLICATION REQUIREMENTS.—To be eligible 

8 for a grant under this section, an eligible entity shall sub9 mit to the Secretary an application in such form, in such 

10 manner, and containing such information as the Secretary 

11 may require, including— 

12 ‘‘(1) an agreement between the entity that owns 

13 or controls the railroad right-of-way and the appli14 cant addressing access to the railroad right-of-way 

15 throughout the project; and 

16 ‘‘(2) a cost-sharing agreement with the funding 

17 amounts that the entity that owns or controls the 

18 railroad right-of-way shall contribute to the project, 

19 which shall be not less than 10 percent of the total 

20 project cost. 

21 ‘‘(c) ELIGIBLE PROJECTS.—The following projects 

22 are eligible to receive a grant under this section: 

23 ‘‘(1) Installation, repair, or improvement, in24 cluding necessary acquisition of real property inter25 ests, of highway-rail grade crossing separations. 


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1 ‘‘(2) Highway-rail grade crossing elimination 

2 incidental to eligible grade crossing separation 

3 projects. 

4 ‘‘(3) Project planning, development, and envi5 ronmental work related to a project described in 

6 paragraph (1) or (2). 

7 ‘‘(d) PROJECT SELECTION CRITERIA.—In awarding 

8 grants under this section, the Secretary— 

9 ‘‘(1) shall give priority to projects that maxi10 mize the safety benefits of Federal funding; 

11 ‘‘(2) shall give priority to projects that provide 

12 direct benefits to socially disadvantaged individuals 

13 (as such term is defined in section 22906(b)); and 

14 ‘‘(3) may evaluate applications on the safety 

15 profile of the existing crossing, 10-year history of ac16 cidents at such crossing, inclusion of the proposed 

17 project on a State highway-rail grade crossing action 

18 plan, average daily vehicle traffic, total number of 

19 trains per day, average daily number of crossing clo20 sures, the challenges of grade crossings located near 

21 international borders, proximity to established emer22 gency evacuation routes, and proximity of commu23 nity resources, including schools, hospitals, fire sta24 tions, police stations, and emergency medical service 

25 facilities. 


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1 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

2 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

3 shall estimate the total costs of a project under this 

4 section based on the best available information, in5 cluding any available engineering studies, studies of 

6 economic feasibility, environmental analysis, and in7 formation on the expected use of equipment or facili8 ties. 

9 ‘‘(2) FEDERAL SHARE.—The Federal share for 

10 a project carried out under this section shall not ex11 ceed 85 percent. 

12 ‘‘(f) GRANT CONDITIONS.—An eligible entity may not 

13 receive a grant for a project under this section unless such 

14 project complies with section 22905. 

15 ‘‘(g) LETTERS OF INTENT.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

17 maximum extent practicable, issue a letter of intent 

18 to a recipient of a grant under this section that— 

19 ‘‘(A) announces an intention to obligate for 

20 a project an amount that is not more than the 

21 amount stipulated as the financial participation 

22 of the Secretary for the project; and 

23 ‘‘(B) states that the contingent commit24 ment— 


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1 ‘‘(i) is not an obligation of the Fed2 eral Government; and 

3 ‘‘(ii) is subject to the availability of 

4 appropriations for grants under this sec5 tion and subject to Federal laws in force or 

6 enacted after the date of the contingent 

7 commitment. 

8 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

9 ‘‘(A) IN GENERAL.—Not later than 3 days 

10 before issuing a letter of intent under para11 graph (1), the Secretary shall submit written 

12 notification to— 

13 ‘‘(i) the Committee on Transportation 

14 and Infrastructure of the House of Rep15 resentatives; 

16 ‘‘(ii) the Committee on Appropriations 

17 of the House of Representatives; 

18 ‘‘(iii) the Committee on Appropria19 tions of the Senate; and 

20 ‘‘(iv) the Committee on Commerce, 

21 Science, and Transportation of the Senate. 

22 ‘‘(B) CONTENTS.—The notification sub23 mitted under subparagraph (A) shall include— 

24 ‘‘(i) a copy of the letter of intent; 


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1 ‘‘(ii) the criteria used under sub2 section (d) for selecting the project for a 

3 grant; and 

4 ‘‘(iii) a description of how the project 

5 meets such criteria. 

6 ‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 

7 contingent commitment may be made under subsection (g) 

8 only after amounts are appropriated for such purpose. 

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

10 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en11 tity’ means— 

12 ‘‘(A) a State; 

13 ‘‘(B) a public agency or publicly chartered 

14 authority; 

15 ‘‘(C) a metropolitan planning organization; 

16 ‘‘(D) a political subdivision of a State; and 

17 ‘‘(E) a Tribal government. 

18 ‘‘(2) METROPOLITAN PLANNING ORGANIZA19 TION.—The term ‘metropolitan planning organiza20 tion’ has the meaning given such term in section 

21 134(b) of title 23. 

22 ‘‘(3) STATE.—The term ‘State’ means a State 

23 of the United States or the District of Columbia.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for chap25 ter 229 of title 49, United States Code, as amended by 


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1 this division, is further amended by adding at the end the 

2 following: 

‘‘22912. Highway-rail grade crossing separation grants.’’. 

3 SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT. 

4 Section 22907 of title 49, United States Code (as 

5 amended by this Act), is further amended by adding at 

6 the end the following new subsection: 

7 ‘‘(o) RAIL SAFETY PUBLIC AWARENESS GRANTS.— 

8 ‘‘(1) GRANT.—Of the amounts made available 

9 to carry out this section, the Secretary shall make 

10 grants to nonprofit organizations to carry out public 

11 information and education programs to help prevent 

12 and reduce rail-related pedestrian, motor vehicle, 

13 and other incidents, injuries, and fatalities, and to 

14 improve awareness along railroad right-of-way and 

15 at highway-rail grade crossings. 

16 ‘‘(2) SELECTION.—Programs eligible for a 

17 grant under this subsection— 

18 ‘‘(A) shall include, as appropriate— 

19 ‘‘(i) development, placement, and dis20 semination of public service announce21 ments in appropriate media; 

22 ‘‘(ii) school presentations, driver and 

23 pedestrian safety education, materials, and 

24 public awareness campaigns; and 


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1 ‘‘(iii) disseminating information to the 

2 public on how to identify and report to the 

3 appropriate authorities— 

4 ‘‘(I) unsafe or malfunctioning 

5 highway-rail grade crossings and 

6 equipment; and 

7 ‘‘(II) high-risk and unsafe behav8 ior and trespassing around railroad 

9 right-of-way; and 

10 ‘‘(B) may include targeted and sustained 

11 outreach in communities at greatest risk to de12 velop measures to reduce such risk. 

13 ‘‘(3) COORDINATION.—Eligible entities shall co14 ordinate program activities with local communities, 

15 law enforcement and emergency responders, and 

16 railroad carriers, as appropriate, and ensure consist17 ency with State highway-rail grade crossing action 

18 plans required under section 11401(b) of the FAST 

19 Act (49 U.S.C. 22501 note) and the report titled 

20 ‘National Strategy to Prevent Trespassing on Rail21 road Property’ issued by the Federal Railroad Ad22 ministration in October 2018. 

23 ‘‘(4) PRIORITIZATION.—In awarding grants 

24 under this subsection, the Administrator shall give 

25 priority to applications for programs that— 


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1 ‘‘(A) are nationally recognized; 

2 ‘‘(B) are targeted at schools in close prox3 imity to railroad right-of-way; 

4 ‘‘(C) partner with nearby railroad carriers; 

5 or 

6 ‘‘(D) focus on communities with a recorded 

7 history of repeated pedestrian and motor vehicle 

8 accidents, incidents, injuries, and fatalities at 

9 highway-rail grade crossings and along railroad 

10 right-of-way. 

11 ‘‘(5) APPLICABILITY.—Section 22905 shall not 

12 apply to contracts and agreements made under this 

13 subsection.’’. 

14 SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 

15 BLOCKING PUBLIC HIGHWAY-RAIL GRADE 

16 CROSSINGS. 

17 (a) IN GENERAL.—Subchapter II of chapter 201 of 

18 title 49, United States Code, as amended by this division, 

19 is further amended by adding at the end the following: 

20 ‘‘§ 20173. Time limit for blocking public highway-rail 

21 grade crossing 

22 ‘‘(a) TIME LIMIT.—A railroad carrier may not cause 

23 a blocked crossing incident that is longer than 10 minutes 

24 in duration, unless the blocked crossing incident is caused 

25 by— 


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1 ‘‘(1) a casualty or serious injury; 

2 ‘‘(2) an accident; 

3 ‘‘(3) a track obstruction; 

4 ‘‘(4) actions necessary to comply with Federal 

5 rail safety laws, regulations, or orders issued there6 under unless the action to comply could reasonably 

7 occur at a different time or location; 

8 ‘‘(5) actions necessary to adhere to section 

9 24308; 

10 ‘‘(6) a train fully contained within rail yard lim11 its or fully contained in a rail siding; 

12 ‘‘(7) an act of God; or 

13 ‘‘(8) a derailment or a safety appliance equip14 ment failure that prevents the train from advancing. 

15 ‘‘(b) INVESTIGATION OF FREQUENTLY BLOCKED

16 CROSSINGS.—For any public highway-rail grade crossing 

17 that has had 3 or more blocked crossing incidents that 

18 exceed the time limit set forth in subsection (a) and are 

19 reported to the blocked crossing database, and such inci20 dents have occurred on at least 3 calendar days within 

21 a 30-day period, the Secretary shall— 

22 ‘‘(1) provide an electronic notice of the number 

23 of reported blocked crossing incidents to the railroad 

24 carrier that owns the public highway-rail grade 

25 crossing; 


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1 ‘‘(2) investigate the causes of the blocked cross2 ing incidents; and 

3 ‘‘(3) investigate possible measures to reduce the 

4 frequency and duration of blocked crossing incidents 

5 at such grade crossing. 

6 ‘‘(c) RECORDKEEPING.— 

7 ‘‘(1) IN GENERAL.—A railroad carrier shall, 

8 upon receiving a notice under subsection (b), main9 tain train location data records for the public high10 way-rail grade crossing that was the subject of the 

11 notice. 

12 ‘‘(2) CONTENTS OF RECORDS.—The train loca13 tion data records required under paragraph (1) shall 

14 include— 

15 ‘‘(A) a list of all blocked crossing incidents 

16 at the public highway-rail grade crossing that is 

17 the subject of the report exceeding 10 minutes; 

18 ‘‘(B) the cause of the blocked crossing inci19 dent (to the extent available); 

20 ‘‘(C) train length; and 

21 ‘‘(D) the estimated duration of each 

22 blocked crossing incident. 

23 ‘‘(3) CONSULTATION.—Beginning on the date 

24 on which a railroad carrier receives a notice under 

25 subsection (b), the Secretary may consult with the 


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1 carrier for a period of 60 days to address concerns 

2 with blocked crossing incidents at the public high3 way-rail grade crossing that is the subject of the no4 tice. 

5 ‘‘(4) EXPIRATION OF DATA COLLECTION.—The 

6 requirement to maintain records under paragraph 

7 (1) shall cease with respect to a public highway-rail 

8 grade crossing noticed under subsection (b)(2) if 

9 there are no reports submitted to the blocked cross10 ing database for blocked crossing incidents reported 

11 to occur at such grade crossing during the previous 

12 365 consecutive calendar days. 

13 ‘‘(d) CIVIL PENALTIES.— 

14 ‘‘(1) IN GENERAL.—The Secretary may issue 

15 civil penalties in accordance with section 21301 to 

16 railroad carriers for violations of subsection (a) oc17 curring 60 days after the date of submission of a no18 tice under subsection (b). 

19 ‘‘(2) RELEASE OF RECORDS.—Upon the request 

20 of, and under requirements set by, the Secretary, 

21 railroad carriers shall provide the records main22 tained pursuant to subsection (c)(1) to the Adminis23 trator of the Federal Railroad Administration. 

24 ‘‘(3) ALTERNATE ROUTE EXEMPTION.—Civil 

25 penalties may not be issued for violations of subVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01534 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 section (a) that occur at a public highway-rail grade 

2 crossing if an alternate route created by a public 

3 highway-rail grade separation exists within a half 

4 mile by road mileage of such public highway-rail 

5 grade crossing. 

6 ‘‘(4) GRADE SEPARATION PROJECT.—Civil pen7 alties may not be issued for violations of subsection 

8 (a) if the violation occurs at a public highway-rail 

9 grade crossing for which there is a proposed grade 

10 separation project— 

11 ‘‘(A) that has received written agreement 

12 from the relevant local authorities; and 

13 ‘‘(B) for which railroad carrier and project 

14 funding from all parties has been budgeted. 

15 ‘‘(5) CONSIDERATIONS.—In determining civil 

16 penalties under this section, the Secretary shall con17 sider increased penalties in a case in which a pattern 

18 of the blocked crossing incidents continue to cause 

19 delays to State or local emergency services. 

20 ‘‘(e) APPLICATION TO AMTRAK AND COMMUTER

21 RAILROADS.—This section shall not apply to Amtrak or 

22 commuter authorities, including Amtrak and commuter 

23 authorities’ operations run or dispatched by a Class I rail24 road. 

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


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1 ‘‘(1) BLOCKED CROSSING DATABASE.—The 

2 term ‘blocked crossing database’ means the national 

3 blocked crossing database established under section 

4 20174. 

5 ‘‘(2) BLOCKED CROSSING INCIDENT.—The term 

6 ‘blocked crossing incident’ means a circumstance in 

7 which a train, locomotive, rail car, or other rail 

8 equipment is stopped in a manner that obstructs 

9 travel at a public highway-rail grade crossing. 

10 ‘‘(3) PUBLIC HIGHWAY-RAIL GRADE CROSS11 ING.—The term ‘public highway-rail grade crossing’ 

12 means a location within a State in which a public 

13 highway, road, or street, including associated side14 walks and pathways, crosses 1 or more railroad 

15 tracks at grade.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for sub17 chapter II of chapter 201 of title 49, United States Code, 

18 is further amended by adding at the end the following new 

19 item: 

‘‘20173. Time limit for blocking public highway-rail grade crossing.’’. 

20 SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE. 

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 ‘‘§ 20174. National blocked crossing database 

2 ‘‘(a) DATABASE.—Not later than 45 days after the 

3 date of enactment of the TRAIN Act, the Secretary of 

4 Transportation shall establish a national blocked crossings 

5 database for the public to report blocked crossing inci6 dents. 

7 ‘‘(b) PUBLIC AWARENESS.—Not later than 60 days 

8 after the date of enactment of the TRAIN Act, the Sec9 retary shall require each railroad carrier to publish the 

10 active link to report blocked crossing incidents on the 

11 website of the national blocked crossings database de12 scribed in subsection (a) on the home page of the publicly13 available website of the railroad carrier. 

14 ‘‘(c) BLOCKED CROSSING INCIDENT; PUBLIC HIGH15 WAY-RAIL GRADE CROSSING.—In this section, the terms 

16 ‘blocked crossing incident’ and ‘public highway-rail grade 

17 crossing’ have the meanings given the terms in section 

18 20173.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for sub20 chapter II of chapter 201 of title 49, United States Code, 

21 is further amended by adding at the end the following new 

22 item: 

‘‘20174. National blocked crossing database.’’. 


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1 SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED 

2 CROSSING MATTERS. 

3 Section 20152 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (C) by striking 

8 ‘‘or’’ at the end; 

9 (ii) by redesignating subparagraph 

10 (D) as subparagraph (E); and 

11 (iii) by inserting the following after 

12 subparagraph (C): 

13 ‘‘(D) blocked crossing incident, as defined 

14 in section 20173; or’’; 

15 (B) in paragraph (4)— 

16 (i) by striking ‘‘paragraph (1)(C) or 

17 (D)’’ and inserting ‘‘subparagraph (C), 

18 (D), or (E) of paragraph (1)’’; and 

19 (ii) by striking ‘‘and’’ at the end; 

20 (C) in paragraph (5) by striking the period 

21 at the end and inserting a semicolon ; and 

22 (D) by adding at the end the following: 

23 ‘‘(6) upon receiving a report of a blocked cross24 ing pursuant to paragraph (1)(D), the railroad car25 rier shall, within 14 days of receipt of the report— 


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1 ‘‘(A) verify that the public highway-rail 

2 grade crossing, as defined in section 20173, was 

3 blocked for a period of at least 10 minutes; and 

4 ‘‘(B) upon positive verification of the re5 port, enter the report into the national blocked 

6 crossings database established in section 20174; 

7 and 

8 ‘‘(7) promptly inform the Secretary of any up9 date to the number maintained under paragraph 

10 (1).’’; and 

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

12 ‘‘(c) PUBLICATION OF TELEPHONE NUMBERS.—The 

13 Secretary shall make any telephone number established 

14 under subsection (a) publicly available on the website of 

15 the Department of Transportation.’’. 

16 SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVEN17 TORY REVIEW. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of enactment of this Act, the Secretary of Transpor20 tation shall expend such sums as are necessary to conduct 

21 a comprehensive review of the national highway-rail cross22 ing inventory of the Department of Transportation estab23 lished under section 20160 of title 49, United States Code. 

24 (b) CONTENTS.—In conducting the review required 

25 under subsection (a), the Secretary shall— 


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1 (1) verify the accuracy of the geographical loca2 tion data contained in the inventory described in 

3 subsection (a) using mapping technologies and other 

4 methods; and 

5 (2) notify the relevant railroad and State agen6 cies of the erroneous data in the inventory and re7 quire such entities to correct the erroneous data 

8 within 30 days of notification. 

9 (c) STATE REPORTS.—The Secretary shall require 

10 State agencies to ensure that any geographic data con11 tained in the inventory described in subsection (a) remains 

12 consistent with any geographic data identified in biennial 

13 State reports required under section 130 of title 23, 

14 United States Code. 

15 (d) REPORT.—Not later than 120 days after the com16 pletion of the review required under subsection (a), the 

17 Secretary shall submit to the Committee on Transpor18 tation and Infrastructure of the House of Representatives 

19 and the Committee on Commerce, Science, and Transpor20 tation of the Senate a report summarizing the corrections 

21 made to the inventory described in subsection (a) and the 

22 Secretary’s plans to ensure continued accuracy of such in23 ventory. 


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1 SEC. 9557. RAILROAD TRESPASSING ENFORCEMENT 

2 GRANTS. 

3 Section 22907 of title 49, United States Code, is fur4 ther amended by adding at the end the following: 

5 ‘‘(p) RAILROAD TRESPASSING ENFORCEMENT

6 GRANTS.— 

7 ‘‘(1) IN GENERAL.—Of the amounts made 

8 available under this section, the Secretary may make 

9 grants to public law enforcement agencies engaged 

10 in, or seeking to engage in, suicide prevention efforts 

11 along railroad right-of-way to pay wages of law en12 forcement personnel to patrol railroad right-of-way 

13 located in communities at risk for rail trespassing 

14 incidents and fatalities. 

15 ‘‘(2) PRIORITIZATION.—In awarding grants 

16 under this subsection, the Administrator shall give 

17 priority to applications from entities that have juris18 diction within the boundaries of the 10 States with 

19 the highest incidence of rail trespass related casual20 ties as reported in the previous fiscal year, as re21 ported by the National Rail Accident Incident Re22 porting System. 

23 ‘‘(3) LIMITATION.—The Secretary shall not 

24 award more than 3 annual grants under this sub25 section to the same entity.’’. 


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1 SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION 

2 GRANTS. 

3 Section 22907 of title 49, United States Code, is fur4 ther amended by adding at the end the following: 

5 ‘‘(q) RAILROAD TRESPASSING SUICIDE GRANTS.— 

6 ‘‘(1) IN GENERAL.—Of the amounts made 

7 available to carry out this section, the Secretary may 

8 make grants to eligible entities to implement a pub9 lic outreach campaign to reduce the number of rail10 road suicides. 

11 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

12 term ‘eligible entity’ means a nonprofit mental 

13 health organization engaged in, or seeking to engage 

14 in, suicide prevention efforts along railroad right-of15 way in partnership with a railroad carrier, as de16 fined in section 20102.’’. 

17 SEC. 9559. INCLUDING RAILROAD SUICIDES. 

18 (a) IN GENERAL.—Not less than 180 days after the 

19 enactment of this Act, the Secretary of Transportation 

20 shall revise any regulations, guidance, or other relevant 

21 agency documents to include the number of suicides on 

22 a railroad crossing or railroad right-of-way in the total 

23 number of rail fatalities the Secretary reports each year. 

24 (b) AUTHORITY OF THE SECRETARY.—In carrying 

25 out subsection (a), the Secretary may require Federal, 


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1 State, and local agencies, railroads, or other entities to 

2 submit such data as necessary. 

3 (c) APPLICABILITY OF RULEMAKING REQUIRE4 MENTS.—The requirements of section 553 of title 5, 

5 United States Code, shall not apply to the modification 

6 required by subsection (a). 

7 SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR 

8 QUIET ZONES. 

9 Not later than 180 days after the date of enactment 

10 of this Act, the Administrator of the Federal Railroad Ad11 ministration shall— 

12 (1) submit to Congress a report on any supple13 mentary safety measures and alternative safety 

14 measures not contained in part 222 of title 49, Code 

15 of Federal Regulations, that can be used to qualify 

16 for a Quiet Zone or Partial Quiet Zone; and 

17 (2) include in the report submitted under para18 graph (1)— 

19 (A) a summary of the supplementary safe20 ty measures and alternative safety measures for 

21 which a public authority has requested approval 

22 from the Administrator to implement; and 

23 (B) an explanation for why such requests 

24 were not granted. 


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1 TITLE VI—MISCELLANEOUS 

2 SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNER3 ABILITY ASSESSMENT. 

4 (a) IN GENERAL.—The Secretary of Transportation 

5 shall seek to enter into an agreement with the National 

6 Academies to conduct an assessment of the potential im7 pacts of climate change on the national rail network. 

8 (b) ASSESSMENT.—At a minimum, the assessment 

9 conducted pursuant to subsection (a) shall— 

10 (1) cover the entire freight, commuter, and 

11 intercity passenger rail network of the United 

12 States; 

13 (2) evaluate risk to the network over 5-, 30-, 

14 and 50-year outlooks; 

15 (3) examine and describe potential effects of cli16 mate change and extreme weather events on pas17 senger and freight rail infrastructure, trackage, and 

18 facilities, including facilities owned by rail shippers; 

19 (4) identify and categorize the assets described 

20 in paragraph (3) by vulnerability level and geo21 graphic area; and 

22 (5) recommend strategies or measures to miti23 gate any adverse impacts of climate change, includ24 ing— 

25 (A) emergency preparedness measures; 


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1 (B) resiliency best practices for infrastruc2 ture planning; and 

3 (C) coordination with State and local au4 thorities. 

5 (c) REPORT.—Not later than 18 months after the 

6 date of enactment of this Act, the Secretary shall submit 

7 to the Committee on Transportation and Infrastructure 

8 of the House of Representatives and the Committee on 

9 Commerce, Science, and Transportation of the Senate a 

10 report containing the findings of the assessment conducted 

11 pursuant to subsection (a). 

12 (d) FURTHER COORDINATION.—The Secretary shall 

13 make the report publicly available on the website of the 

14 Department of Transportation and communicate the re15 sults of the assessment with stakeholders. 

16 (e) REGULATORY AUTHORITY.—If the Secretary 

17 finds in the report required under subsection (c) that reg18 ulatory measures are warranted and such measures are 

19 otherwise under the existing authority of the Secretary, 

20 the Secretary may issue such regulations as are necessary 

21 to implement such measures. 

22 (f) FUNDING.—From the amounts made available for 

23 fiscal year 2022 under section 20117(b) of title 49, United 

24 States Code, the Secretary shall expend not less than 


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1 $1,500,000 to carry out the study required under subpara2 graph (a). 

3 SEC. 9602. ADVANCE ACQUISITION. 

4 (a) IN GENERAL.—Chapter 242 of title 49, United 

5 States Code, is amended by inserting the following after 

6 section 24202: 

7 ‘‘SEC. 24203. ADVANCE ACQUISITION. 

8 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec9 retary of Transportation may assist a recipient of Federal 

10 financial assistance provided by the Secretary for an inter11 city passenger rail project in acquiring a right-of-way and 

12 adjacent real property interests before or during the com13 pletion of the environmental reviews for a project that may 

14 use such property interests if the acquisition is otherwise 

15 permitted under Federal law. 

16 ‘‘(b) CERTIFICATION.—Before authorizing advance 

17 acquisition under this section, the Secretary shall verify 

18 that— 

19 ‘‘(1) the recipient has authority to acquire the 

20 real property interest; and 

21 ‘‘(2) the acquisition of the real property inter22 est— 

23 ‘‘(A) is for a transportation purpose; 

24 ‘‘(B) will not cause significant adverse en25 vironmental impact; 


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1 ‘‘(C) will not limit the choice of reasonable 

2 alternatives for the proposed project or other3 wise influence the decision of the Secretary on 

4 any approval required for the project; 

5 ‘‘(D) does not prevent the lead agency 

6 from making an impartial decision as to wheth7 er to accept an alternative that is being consid8 ered; 

9 ‘‘(E) complies with other applicable Fed10 eral laws and regulations; and 

11 ‘‘(F) will not result in elimination or re12 duction of benefits or assistance to a displaced 

13 person required by the Uniform Relocation As14 sistance and Real Property Acquisition Policies 

15 Act of 1970 (42 U.S.C. 4601 et seq.) and title 

16 VI of the Civil Rights Act of 1964 (42 U.S.C. 

17 2000d et seq.). 

18 ‘‘(c) ENVIRONMENTAL REVIEWS.— 

19 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before 

20 reimbursing or approving the expenditure of Federal 

21 funding for an acquisition of a real property inter22 est, the Secretary shall complete all review processes 

23 otherwise required under the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

25 section 4(f) of the Department of Transportation 


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1 Act of 1966 (49 U.S.C. 303), and section 106 of the 

2 National Historic Preservation Act (16 U.S.C. 470f) 

3 with respect to the acquisition. 

4 ‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.— 

5 A real property interest acquired under subsection 

6 (a) may not be developed in anticipation of the pro7 posed project until all required environmental re8 views for the project have been completed. 

9 ‘‘(d) INCLUSION IN NON-FEDERAL SHARE OF

10 PROJECT COSTS.—Non-Federal funds used to acquire 

11 right-of-way and adjacent real property interests under 

12 this section before or during the environmental review, or 

13 before the award of a grant by the Secretary, shall be in14 cluded in determining the non-Federal share of the costs 

15 of the underlying intercity passenger rail project. 

16 ‘‘(e) SAVINGS CLAUSE.—The advance acquisition 

17 process described in this section— 

18 ‘‘(1) is in addition to processes in effect on or 

19 before the date of enactment of the TRAIN Act; and 

20 ‘‘(2) does not affect— 

21 ‘‘(A) any right of the recipient described in 

22 subsection (a) to acquire property; or 

23 ‘‘(B) any other environmental review proc24 ess, program, agreement, or funding arrange25 ment related to the acquisition of real property, 


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1 in effect on the date of enactment of the 

2 TRAIN Act.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 242 of title 49, United States Code, is amended by 

5 inserting after the item relating to section 24202 the fol6 lowing new item: 

‘‘Sec. 24203. Advance acquisition.’’. 

7 SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION INSTI8 TUTE. 

9 (a) IN GENERAL.—Chapter 229 of title 49, United 

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

11 following: 

12 ‘‘§ 22913. University Rail Climate Innovation Institute 

13 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor14 tation may make a grant to an institution of higher edu15 cation to establish a University Rail Climate Innovation 

16 Institute (in this section referred to as the ‘Institute’) for 

17 the research and development of low- and zero-emission 

18 rail technologies. Such grant agreement shall not exceed 

19 5 years. 

20 ‘‘(b) ELIGIBLE APPLICANTS.—To be eligible for a 

21 grant under the subsection (a), an institution of higher 

22 education shall— 

23 ‘‘(1) have an active research program to study 

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1 nologies or be able to demonstrate sufficient exper2 tise in relevant rail research and development; 

3 ‘‘(2) enter into a cost-sharing agreement for 

4 purposes of the Institute with a railroad or rail sup5 plier; and 

6 ‘‘(3) submit to the Secretary an application in 

7 such form, at such time, and containing such infor8 mation as the Secretary may require. 

9 ‘‘(c) ELIGIBLE PROJECTS.—A recipient of this grant 

10 under this section may carry out the research, design, de11 velopment, and demonstration of 1 or more of the fol12 lowing: 

13 ‘‘(1) Hydrogen-powered locomotives and associ14 ated locomotive technologies. 

15 ‘‘(2) Battery-powered locomotives and associ16 ated locomotive technologies. 

17 ‘‘(3) Deployment of a revenue service testing 

18 and demonstration program to accelerate commercial 

19 adoption of low- or zero-emission locomotives. 

20 ‘‘(4) Development or deployment of an oper21 ating prototype low- or zero-emission locomotive. 

22 ‘‘(5) Rail technologies that significantly reduce 

23 greenhouse gas emissions, as determined appropriate 

24 by the Secretary. 


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1 ‘‘(d) BUY AMERICA APPLICABILITY.—For purposes 

2 of subsection (c)(4), the recipient shall be in compliance 

3 with section 22905(a). 

4 ‘‘(e) FUNDING REQUIREMENT.—The Federal share 

5 of the total cost of the Institute shall not exceed 50 per6 cent. 

7 ‘‘(f) CONSIDERATIONS.—In selecting an applicant to 

8 receive funding to establish the Institute, the Secretary 

9 shall consider— 

10 ‘‘(1) the extent to which the proposed activities 

11 maximize greenhouse gas reductions; 

12 ‘‘(2) the potential of the proposed activities to 

13 increase the use of low- and zero- emission rail tech14 nologies among the United States freight and pas15 senger rail industry; and 

16 ‘‘(3) the anticipated public benefits of the pro17 posed activities. 

18 ‘‘(g) CONSIDERATION OF HBCUS.—In selecting an 

19 institution of higher education for a grant award under 

20 this section, the Secretary shall consider historically black 

21 colleges and universities, as such term is defined in section 

22 371(a)of the Higher Education Act of 1965 (2010 U.S.C. 

23 1067q), and other minority institutions, as such term is 

24 defined by section 365 of such Act (20 U.S.C. 1067k). 

25 ‘‘(h) NOTIFICATION.— 


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1 ‘‘(1) NOTICE.—Not less than 3 days before an 

2 applicant has been selected, the Secretary shall no3 tify the Committee on Transportation and Infra4 structure of the House of Representatives and the 

5 Committee on Commerce, Science, and Transpor6 tation of the Senate of the intention to award such 

7 a grant. 

8 ‘‘(2) REPORT.—The Institute shall submit to 

9 the Committee on Transportation and Infrastructure 

10 of the House of Representatives, the Committee on 

11 Commerce, Science, and Transportation of the Sen12 ate, and the Secretary an annual report summa13 rizing the activities undertaken by the Institute on 

14 low- and zero-emission rail technologies. 

15 ‘‘(i) INSTITUTION OF HIGHER EDUCATION DE16 FINED.—In this section, the term ‘institution of higher 

17 education’ has the meaning given such term in section 101 

18 of the Higher Education Act of 1965 (20 U.S.C. 1001).’’. 

19 (b) 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: 

‘‘22913. University Rail Climate Innovation Institute.’’. 

22 SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT. 

23 (a) IN GENERAL.—The Secretary of Transportation 

24 shall carry out at least one workforce development pilot 

25 program with a railroad carrier. 


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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 a railroad carrier pro16 viding intercity 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 wholly manufactured 

20 on or after the date that is 1 year after the date of 

21 enactment of the TRAIN Act, may only operate on 

22 the United States freight railroad interchange sys23 tem 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) LIMITATION ON RAILROAD FREIGHT CAR

23 CONTENT.— 

24 ‘‘(A) PERCENTAGE LIMITATION.—Not 

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1 ment of the TRAIN Act, a railroad freight car 

2 manufactured may operate on the United 

3 States freight railroad interchange system only 

4 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; and 

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. 

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.’’. 

4 SEC. 9606. RAIL RESEARCH AND DEVELOPMENT CENTER 

5 OF EXCELLENCE. 

6 Section 20108 of title 49, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(d) RAIL RESEARCH AND DEVELOPMENT CENTER

9 OF EXCELLENCE.— 

10 ‘‘(1) CENTER OF EXCELLENCE.—The Secretary 

11 may provide a grant to an entity described in para12 graph (2) to establish a Center of Excellence to ad13 vance research and development that improves the 

14 safety, efficiency, and reliability of passenger and 

15 freight rail transportation. 

16 ‘‘(2) ELIGIBILITY.—An institution of higher 

17 education (as defined in section 101 of the Higher 

18 Education Act of 1965 (20 U.S.C. 1001)) or a con19 sortium of nonprofit institutions of higher education 

20 shall be eligible to receive a grant under this sub21 section. 

22 ‘‘(3) SELECTION CRITERIA.—In awarding a 

23 grant under this subsection, the Secretary may— 


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1 ‘‘(A) give preference to an applicant with 

2 strong past performance related to rail re3 search, education, and workforce development 

4 activities; 

5 ‘‘(B) consider the extent to which the ap6 plicant would involve public passenger and pri7 vate and public freight railroad operators; and 

8 ‘‘(C) consider the regional and national im9 pacts of the applicant’s proposal. 

10 ‘‘(4) USE OF FUNDS.—Amounts awarded under 

11 this subsection may be used to establish and operate 

12 the Center of Excellence described in paragraph (1) 

13 and for research, evaluation, education, and work14 force development and training efforts related to 

15 safety, environmental sustainability, and reliability 

16 of rail transportation, including— 

17 ‘‘(A) rolling stock; 

18 ‘‘(B) positive train control; 

19 ‘‘(C) human factors, systems design, or fa20 tigue; 

21 ‘‘(D) rail infrastructure; 

22 ‘‘(E) shared corridors; 

23 ‘‘(F) grade crossings; 

24 ‘‘(G) rail systems maintenance; 

25 ‘‘(H) network resiliency; 


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1 ‘‘(I) programs to train railroad workers in 

2 needed skills; and 

3 ‘‘(J) the development of programs or part4 nerships to raise awareness of railroad employ5 ment opportunities, in coordination with the 

6 Federal Railroad Administration. 

7 ‘‘(5) FEDERAL SHARE.—The Federal share of 

8 the cost of an activity carried out with a grant under 

9 this subsection shall be 50 percent.’’. 

10 SEC. 9607. FREIGHT RAILROAD LOCOMOTIVE REQUIRE11 MENTS. 

12 (a) REQUIREMENTS FOR CLASS I LOCOMOTIVES.— 

13 A Class I railroad may only operate a locomotive on the 

14 freight railroad interchange system on or after January 

15 1, 2030, if— 

16 (1) the locomotive was manufactured on or 

17 after January 1, 2008; 

18 (2) the primary NOx and PM emissions on the 

19 Environmental Protection Agency certificate of con20 formity for the locomotive are equal to or cleaner 

21 than the cleanest available locomotive; or 

22 (3) the locomotive has not exceeded a total of 

23 89,100 MWhs of operation since its original engine 

24 build date. 


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1 (b) CERTIFICATION REQUIRED.—To be eligible to 

2 own or operate a locomotive covered by subsection (a) on 

3 the United States freight railroad interchange system on 

4 or after January 1, 2030, a Class I railroad shall certify 

5 to the Secretary of Transportation that such locomotive 

6 meets the requirements of this section. 

7 (c) EFFECTUATION.—The Secretary is authorized to 

8 issue such regulations as are necessary to carry out this 

9 section. 

10 (d) DEFINITIONS.—In this section: 

11 (1) CERTIFICATE OF CONFORMITY.—The term 

12 ‘‘certificate of conformity’’ means the document that 

13 the Environmental Protection Agency issues to an 

14 engine manufacturer to certify that an engine class 

15 conforms to Environmental Protection Agency re16 quirements. 

17 (2) CLEANEST AVAILABLE LOCOMOTIVE.—The 

18 term ‘‘cleanest available locomotive’’ means the 

19 strictest standard set by the Environmental Protec20 tion Agency for the applicable locomotive under sec21 tion 213 of the Clean Air Act (42 U.S.C. 7547). 

22 SEC. 9608. EXTENSION. 

23 Section 1246 of the Disaster Recovery Reform Act 

24 of 2018 is amended— 


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1 (1) by striking ‘‘3 years’’ and inserting 

‘‘4 1 2 ⁄2 years’’; and 

3 (2) by inserting ‘‘and every 3 months there4 after,’’ before ‘‘the Administrator shall’’. 

5 SEC. 9609. GAO STUDY ON COST ALLOCATION OF RAIL PAS6 SENGER TRANSPORTATION LIABILITY. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Comptroller General 

9 of the United States shall initiate a study of the apportion10 ment of liability among owners of right-of-way on the 

11 Northeast Corridor and passenger rail operators on the 

12 Northeast Corridor in accordance with section 24905 of 

13 title 49, United States Code, the Northeast Corridor Com14 mission’s cost allocation policy, and the statutory prohibi15 tion on cross-subsidization under such section. 

16 (b) RECOMMENDATIONS.—Upon completion of the 

17 study under subsection (a), the Comptroller General shall 

18 issue recommendations to the Northeast Corridor Com19 mission, the Committee on Transportation and Infrastruc20 ture of the House of Representatives, and the Committee 

21 on Commerce, Science, and Transportation of the Senate 

22 on how to determine equitable liability allocation policy be23 tween owners of right-of-way on the Northeast Corridor 

24 and passenger rail operators on the Northeast Corridor. 


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1 (c) CONSIDERATIONS.—In issuing recommendations 

2 under subsection (b), the Comptroller General shall con3 sider that any recommendations may be implemented dif4 ferently amongst the various Northeast Corridor pas5 senger rail entities based on differing ownership and oper6 ational profiles. 

7 (d) CONCLUSION.—If a mutually agreed upon resolu8 tion between owners of right-of-way on the Northeast cor9 ridor and passenger rail operators on the Northeast Cor10 ridor is reached prior to the completion of the study under 

11 subsection (a), the Comptroller General shall conclude the 

12 study. 

13 SEC. 9610. GAO STUDY ON ECONOMIC BENEFITS OF ONE14 SEAT RIDE COMMUTER RAIL. 

15 (a) STUDY.—The Comptroller General of the United 

16 States shall conduct a study in coordination with the Ad17 ministrator of the Federal Transit Administration on the 

18 economic benefits of commuter rail service in connecting 

19 urban and suburban areas. 

20 (b) CONTENTS.—The study under subsection (a) 

21 shall include— 

22 (1) potential benefits of one-seat ride commuter 

23 rail expansion to suburban communities that cur24 rently lack direct service to urban areas; 


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1 (2) best practices in identifying where one-seat 

2 ride commuter rail service is beneficial to suburban 

3 communities; and 

4 (3) best practices in improving suburban com5 muter access on routes that currently require a 

6 transfer. 

7 (c) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Comptroller General shall 

9 submit a report to Congress setting forth the results and 

10 conclusions of the study under subsection (a). 

11 DIVISION E—SPORT FISH RES12 TORATION, RECREATIONAL 

13 BOATING SAFETY, AND WILD14 LIFE RESTORATION 

15 SEC. 9701. SHORT TITLE. 

16 This division may be cited as the ‘‘Sport Fish Res17 toration, Recreational Boating Safety, and Wildlife Res18 toration Act of 2021’’. 

19 SEC. 9702. DIVISION OF ANNUAL APPROPRIATIONS. 

20 (a) IN GENERAL.—Section 4 of the Dingell-Johnson 

21 Sport Fish Restoration Act (16 U.S.C. 777c) is amend22 ed— 

23 (1) in subsection (a), by striking ‘‘2021’’ and 

24 inserting ‘‘2026’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘2021’’ and inserting ‘‘2026’’; and 

4 (ii) by amending subparagraph (B) to 

5 read as follows— 

6 ‘‘(B) AVAILABLE AMOUNTS.—The available 

7 amount referred to in subparagraph (A) is— 

8 ‘‘(i) for fiscal year 2022, $12,786,434, 

9 adjusted for inflation as described in 

10 clause (ii)(II)(bb); and 

11 ‘‘(ii) for fiscal year 2023, and each 

12 fiscal year thereafter, the sum of— 

13 ‘‘(I) the available amount for the 

14 preceding fiscal year; and 

15 ‘‘(II) the amount determined by 

16 multiplying— 

17 ‘‘(aa) the available amount 

18 for the preceding fiscal year; and 

19 ‘‘(bb) the change, relative to 

20 the preceding fiscal year, in the 

21 Consumer Price Index for All 

22 Urban Consumers published by 

23 the Department of Labor.’’; and 

24 (B) in paragraph (2)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘2016 through 2021’’ and inserting ‘‘2022 

3 through 2026’’; and 

4 (ii) by amending subparagraph (B) to 

5 read as follows— 

6 ‘‘(B) AVAILABLE AMOUNTS.—The available 

7 amount referred to in subparagraph (A) is— 

8 ‘‘(i) for fiscal year 2022, $8,988,700; 

9 and 

10 ‘‘(ii) for fiscal year 2023, and each 

11 fiscal year thereafter, the sum of— 

12 ‘‘(I) the available amount for the 

13 preceding fiscal year; and 

14 ‘‘(II) the amount determined by 

15 multiplying— 

16 ‘‘(aa) the available amount 

17 for the preceding fiscal year; and 

18 ‘‘(bb) the change, relative to 

19 the preceding fiscal year, in the 

20 Consumer Price Index for All 

21 Urban Consumers published by 

22 the Department of Labor.’’; and 

23 (3) in subsection (e)(2), by striking ‘‘$900,000’’ 

24 and inserting ‘‘$1,300,000’’. 


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1 (b) ADMINISTRATION.—Section 9(a) of the Dingell2 Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) 

3 is amended— 

4 (1) in paragraph (1)— 

5 (A) by striking ‘‘on a full-time basis’’; and 

6 (B) by inserting ‘‘for work hours the em7 ployee spends directly administering this Act, as 

8 such hours are certified by the supervisor of the 

9 employee’’ after ‘‘administer this Act’’; 

10 (2) by striking paragraph (2) and redesignating 

11 paragraphs (3) through (12) as paragraphs (2) 

12 through (11), respectively; 

13 (3) by striking ‘‘paragraphs (1) and (2)’’ and 

14 inserting ‘‘paragraph (1)’’ each place it appears; 

15 (4) in paragraph (7), as so redesignated, by 

16 striking ‘‘full-time’’; 

17 (5) in paragraph (8)(A), as so redesignated, by 

18 striking ‘‘on a full-time basis’’; 

19 (6) in paragraph (9), as so redesignated, by 

20 striking ‘‘on a full-time basis’’; and 

21 (7) in paragraph (10), as so redesignated— 

22 (A) by inserting ‘‘or a part-time basis’’ 

23 after ‘‘on a full-time basis’’; and 

24 (B) by inserting ‘‘, provided that the per25 centage of relocation expenses paid with funds 


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1 under this chapter do not exceed the percentage 

2 of work hours the employee spends admin3 istering this Act’’ after ‘‘at which the relocation 

4 expenses are incurred’’. 

5 (c) OTHER ACTIVITIES.—Section 14(e) of the Din6 gell-Johnson Sport Fish Restoration Act (16 U.S.C. 

7 777m(e)) is amended by adding at the end the following: 

8 ‘‘(3) A portion, as determined by the Sport 

9 Fishing and Boating Partnership Council, of funds 

10 disbursed for the purposes described in paragraph 

11 (2) but remaining unobligated prior to fiscal year 

12 2021 shall be used to study— 

13 ‘‘(A) the impact of derelict recreational 

14 vessels on recreational boating safety and rec15 reational fishing; and 

16 ‘‘(B) identify options and methods for re17 cycling for recreational vessels.’’. 

18 SEC. 9703. RECREATIONAL BOATING ACCESS. 

19 (a) IN GENERAL.—The Comptroller General of the 

20 United States shall conduct a study on recreational boat21 ing access. In carrying out such study, the Comptroller 

22 General shall consult with the Sport Fishing and Boating 

23 Partnership Council and the National Boating Safety Ad24 visory Council on the design, scope, and priorities of such 

25 study. 


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1 (b) CONTENTS.—To the extent practicable, the study 

2 required under subsection (a) shall contain a description 

3 of— 

4 (1) the use of nonmotorized vessels in each 

5 State and how the increased use of nonmotorized 

6 vessels is impacting motorized and nonmotorized 

7 vessel access to waterway entry points; 

8 (2) recreational fishing and boating user con9 flicts concerning motorized and nonmotorized vessels 

10 at waterway access points; and 

11 (3) the use of funds provided under the Dingell12 Johnson Sport Fish Restoration Act (16 U.S.C. 777 

13 et seq.) for— 

14 (A) the sport fish restoration program to 

15 improve nonmotorized vessel access at waterway 

16 entry points and the reasons for providing such 

17 access; and 

18 (B) the Recreational Boating Safety Pro19 gram funds for nonmotorized boating safety 

20 programs. 

21 (c) REPORT.—Not later than 1 year after the date 

22 of enactment of this Act, the Comptroller General shall 

23 submit to the Sport Fishing and Boating Partnership 

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1 tives, and the Committees on Commerce, Science, and 

2 Transportation and Environment and Public Works of the 

3 Senate a report containing the study required under this 

4 section. 

5 (d) STATE DEFINED.—In this section, the term 

6 ‘‘State’’ means any State, the District of Columbia, the 

7 Commonwealths of Puerto Rico and the Northern Mariana 

8 Islands, and the territories of Guam, the U.S. Virgin Is9 lands, and American Samoa. 

10 SEC. 9704. WILDLIFE RESTORATION FUND ADMINISTRA11 TION. 

12 (a) ALLOCATION AND APPORTIONMENT OF AVAIL13 ABLE AMOUNTS.—Section 4 of the Pittman-Robertson 

14 Wildlife Restoration Act (16 U.S.C. 669c), is amended— 

15 (1) in subsection (a)(1)(B)— 

16 (A) in clause (i) by striking ‘‘for each of 

17 fiscal years 2001 and 2002, $9,000,000;’’ and 

18 inserting the following: ‘‘for fiscal year 2022, 

19 $12,786,434, adjusted for inflation as described 

20 in clause (ii)(II)(bb);’’; and 

21 (B) by striking clauses (ii) and (iii) and in22 serting the following: 

23 ‘‘(ii) for fiscal year 2023, and each 

24 fiscal year thereafter, the sum of— 


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1 ‘‘(I) the available amount for the 

2 preceding fiscal year; and 

3 ‘‘(II) the amount determined by 

4 multiplying— 

5 ‘‘(aa) the available amount 

6 for the preceding fiscal year; and 

7 ‘‘(bb) the change, relative to 

8 the preceding fiscal year, in the 

9 Consumer Price Index for All 

10 Urban Consumers published by 

11 the Department of Labor.’’; and 

12 (2) in subsection (a)(2)(A) by striking ‘‘the end 

13 of the fiscal year’’ and inserting ‘‘the end of the sub14 sequent fiscal year’’. 

15 (b) AUTHORIZED EXPENSES FOR ADMINISTRA16 TION.—Section 9(a) of the Pittman-Robertson Wildlife 

17 Restoration Act (16 U.S.C. 669h(a)) is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘on a full-time basis’’; and 

20 (B) by inserting ‘‘for the work hours the 

21 employee spends directly administering this Act, 

22 as such hours are certified by the supervisor of 

23 the employee’’ after ‘‘administer this Act’’; 

24 (2) by striking ‘‘paragraphs (1) and (2)’’ and 

25 inserting ‘‘paragraph (1)’’ each place it appears; 


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1 (3) by striking paragraph (2) and redesignating 

2 paragraphs (3) through (12) as paragraphs (2) 

3 through (11), respectively; 

4 (4) in paragraph (7), as so redesignated, by 

5 striking ‘‘full-time’’; 

6 (5) in paragraph (8)(A), as so redesignated, by 

7 striking ‘‘on a full-time basis’’; 

8 (6) in paragraph (9), as so redesignated, by 

9 striking ‘‘on a full-time basis’’; and 

10 (7) in paragraph (10), as so redesignated— 

11 (A) by inserting ‘‘or a part-time basis’’ 

12 after ‘‘on a full-time basis’’; and 

13 (B) by inserting ‘‘, provided that the per14 centage of relocation expenses paid with funds 

15 under this chapter do not exceed the percentage 

16 of work hours the employee spends admin17 istering this Act’’ after ‘‘at which the relocation 

18 expenses are incurred’’. 

19 SEC. 9705. SPORT FISH RESTORATION AND BOATING TRUST 

20 FUND. 

21 Section 13107(c)(2) of title 46, United States Code, 

22 is amended by striking ‘‘No funds available’’ and inserting 

23 ‘‘On or after October 1, 2023, no funds available’’. 


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1 SEC. 9706. SPORT FISHING AND BOATING PARTNERSHIP 

2 COUNCIL. 

3 The Sport Fishing and Boating Partnership Council 

4 established by the Secretary of the Interior shall be a Fed5 eral advisory committee of both the Department of the In6 terior and the Department of Commerce, and the secre7 taries of Interior and Commerce shall jointly carry out the 

8 requirements of the Federal Advisory Committee Act with 

9 respect to the Sport Fishing and Boating Partnership 

10 Council. 

11 SEC. 9707. NATIONAL CULVERT REMOVAL, REPLACEMENT, 

12 AND RESTORATION GRANT PROGRAM. 

13 (a) IN GENERAL.—Chapter 805 of subtitle X of title 

14 49, United States Code, is amended by adding at the end 

15 the following: 

16 ‘‘§ 80505. National culvert removal, replacement, and 

17 restoration grant program 

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

19 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

20 the Director of the United States Fish and Wildlife 

21 Service. 

22 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 

23 has the meaning given the term in section 4 of the 

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 5304). 


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1 ‘‘(3) PROGRAM.—The term ‘program’ means 

2 the annual competitive grant program established 

3 under subsection (b). 

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

5 the Secretary of Transportation. 

6 ‘‘(5) UNDERSECRETARY.—The term ‘Undersec7 retary’ means the Undersecretary of Commerce for 

8 Oceans and Atmosphere. 

9 ‘‘(b) ESTABLISHMENT.—The Secretary, in consulta10 tion with the Undersecretary and Director, shall establish 

11 an annual competitive grant program to award grants to 

12 eligible entities for projects for the replacement, removal, 

13 and repair of culverts that would meaningfully improve or 

14 restore fish passage for anadromous fish. 

15 ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to re16 ceive a grant under the program is— 

17 ‘‘(1) a State (as such term is defined in section 

18 401 of title 23); 

19 ‘‘(2) a unit of local government; 

20 ‘‘(3) an Indian Tribe; 

21 ‘‘(4) a Federal agency eligible to receive funds 

22 under sections 201, 203, or 204 of title 23; 

23 ‘‘(5) a political subdivision of a State or unit of 

24 local government; 


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1 ‘‘(6) a special purpose district or public author2 ity with a transportation function, including a port 

3 authority; or 

4 ‘‘(7) a multistate or multijurisdictional group of 

5 entities described in paragraphs (1) through (6). 

6 ‘‘(d) GRANT SELECTION PROCESS.—The Secretary, 

7 in consultation with the Undersecretary and Director, 

8 shall establish a process for determining criteria for 

9 awarding grants under the program, subject to subsection 

10 (e). 

11 ‘‘(e) PRIORITIZATION.—The Secretary, in consulta12 tion with the Undersecretary and the Director, shall estab13 lish procedures to prioritize awarding grants under the 

14 program to— 

15 ‘‘(1) projects that would improve fish passage 

16 for— 

17 ‘‘(A) anadromous fish stocks listed as an 

18 endangered species or a threatened species 

19 under section 4 of the Endangered Species Act 

20 of 1973 (16 U.S.C. 1533); 

21 ‘‘(B) anadromous fish stocks identified by 

22 the Undersecretary or the Director that could 

23 reasonably become listed as an endangered spe24 cies or a threatened species under that section; 


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1 ‘‘(C) anadromous fish stocks identified by 

2 the Undersecretary or the Director as prey for 

3 endangered species, threatened species, or pro4 tected species, including Southern resident 

5 orcas (Orcinus orcas); or 

6 ‘‘(D) anadromous fish stocks identified by 

7 the Undersecretary or the Director as climate 

8 resilient stocks; and 

9 ‘‘(2) projects that would open up more than 

10 200 meters of upstream habitat before the end of 

11 the natural habitat. 

12 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

13 cost of a project carried out with a grant to a State or 

14 a unit of local government under the program shall be not 

15 more than 80 percent. 

16 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in 

17 consultation with the Undersecretary and Director, shall 

18 develop a process to provide technical assistance to Indian 

19 Tribes and underserved communities to assist in the 

20 project design and grant process and procedures. 

21 ‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts 

22 made available for each fiscal year to carry out the pro23 gram, the Secretary, the Undersecretary, and the Director 

24 may use not more than 2 percent to pay the administrative 

25 expenses necessary to carry out this section. 


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1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out the program 

3 $800,000,000 for each of fiscal years 2022 through 

4 2026.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chap6 ter 805 of subtitle X of title 49, United States Code, is 

7 amended by adding at the end the following new item: 

‘‘80505. National culvert removal, replacement, and restoration grant program.’’. 

8 DIVISION F—AUTO SAFETY 

9 SEC. 10101. SAFETY WARNING FOR OCCUPANTS OF HOT 

10 CARS. 

11 (a) OCCUPANT SAFETY.— 

12 (1) IN GENERAL.—Subchapter II of chapter 

13 301 of title 49, United States Code, is amended by 

14 adding at the end the following new section: 

15 ‘‘§ 30129. Occupant safety 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) PASSENGER MOTOR VEHICLE.—The term 

18 ‘passenger motor vehicle’ has the meaning given that 

19 term in section 32101. 

20 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

21 the Secretary of Transportation. 

22 ‘‘(b) RULEMAKING.—Not later than 2 years after the 

23 date of enactment of this section, the Secretary shall issue 

24 a final rule prescribing a motor vehicle safety standard 


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1 that requires all new passenger motor vehicles with a gross 

2 vehicle weight rating of 10,000 pounds or less to be 

3 equipped with a system that detects the presence of an 

4 unattended occupant in the passenger compartment of the 

5 vehicle and engages a warning to reduce death and injury 

6 resulting from vehicular heatstroke, particularly incidents 

7 involving children. 

8 ‘‘(c) LIMITATION ON CAPABILITY OF BEING DIS9 ABLED.—The motor vehicle safety standard prescribed 

10 under subsection (b) shall require that the system de11 scribed in that subsection cannot be disabled, overridden, 

12 reset, or recalibrated in such a way that the system will 

13 no longer detect the presence of an unattended occupant 

14 in the passenger compartment of the vehicle and engage 

15 a warning. 

16 ‘‘(d) MEANS.— 

17 ‘‘(1) IN GENERAL.—The warning required 

18 under the motor vehicle safety standard prescribed 

19 under subsection (b) shall include a distinct auditory 

20 and visual warning to notify individuals inside and 

21 outside of the vehicle of the presence of an unat22 tended occupant, which shall be combined with an 

23 interior haptic warning. 


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1 ‘‘(2) CONSIDERATION.—In developing such 

2 warning, the Secretary shall also consider including 

3 a secondary additional warning to— 

4 ‘‘(A) notify— 

5 ‘‘(i) operators that are not in close 

6 proximity to the vehicle; 

7 ‘‘(ii) emergency responders; and 

8 ‘‘(B) provide the geographical location of 

9 the vehicle in a manner that allows for an emer10 gency response. 

11 ‘‘(e) COMPLIANCE DEADLINE.—The rule issued pur12 suant to subsection (b) shall require full compliance with 

13 the motor vehicle safety standard prescribed in the rule 

14 not later than 2 years after the date on which the final 

15 rule is issued.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions for subchapter II of chapter 301 of title 49, 

18 United States Code, is amended by adding at the 

19 end the following new item: 

‘‘30129. Occupant safety.’’. 

20 (b) STUDY.— 

21 (1) INDEPENDENT STUDY.— 

22 (A) CONTRACT.—Not later than 90 days 

23 after the date on which a final rule is issued 

24 pursuant to section 30129(b) of title 49, United 

25 States Code, as added by subsection (a)(1), and 


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1 every two years thereafter, the Secretary shall 

2 enter into a contract with an independent third 

3 party to conduct the study described under sub4 paragraph (B). 

5 (B) STUDY.— 

6 (i) IN GENERAL.—Under the contract 

7 between the Secretary and an independent 

8 third party under subparagraph (A), the 

9 independent third party shall carry out a 

10 study on retrofitting passenger motor vehi11 cles introduced into interstate commerce 

12 before the effective date of the rule re13 quired pursuant to section 30129(b) of 

14 title 49, United States Code, as added by 

15 subsection (a)(1), with technologies and 

16 products that meet the safety need ad17 dressed by the motor vehicle safety stand18 ard prescribed under such section. 

19 (ii) ELEMENTS.—In carrying out the 

20 study required under clause (i), the inde21 pendent third party shall— 

22 (I) identify technologies and 

23 products— 

24 (aa) manufactured for use in 

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1 duced into interstate commerce 

2 before the effective date of the 

3 rule required by section 30129(b) 

4 of title 49, United States Code, 

5 as added by subsection (a)(1); 

6 and 

7 (bb) that reduce death and 

8 injury resulting from vehicular 

9 heatstroke, particularly incidents 

10 involving children; and 

11 (II) make recommendations for 

12 manufacturers of such technologies 

13 and products to undergo a functional 

14 safety performance assessment to en15 sure that the technologies and prod16 ucts perform as designed by the man17 ufacturer under a variety of real-world 

18 conditions. 

19 (2) PUBLICATION; PUBLIC COMMENT.—Not 

20 later than 2 years after the date on which the Sec21 retary enters into a contract pursuant to paragraph 

22 (1)(A), and every two years thereafter, the Secretary 

23 shall— 

24 (A) publish the study required under para25 graph (1)(B) in the Federal Register; and 


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1 (B) provide a period for public comment of 

2 not longer than 90 days after the date on which 

3 the study is published pursuant to subpara4 graph (A). 

5 (3) CONSUMER INFORMATION.—Not later than 

6 120 days after expiration of the public comment pe7 riod described under paragraph (2)(B) and upon re8 view of the public comments, the Secretary shall pro9 vide information for consumers through the website 

10 of the National Highway Traffic Safety Administra11 tion on the performance of the technologies and 

12 products described in paragraph (1)(B)(ii) to retrofit 

13 existing vehicles. 

14 (4) SUBMISSION TO CONGRESS.—Upon issuance 

15 of the recommendations required under paragraph 

16 (1)(B), the Secretary shall submit to the Committee 

17 on Commerce, Science, and Transportation of the 

18 Senate and the Committee on Energy and Com19 merce of the House of Representatives the study and 

20 recommendations required by paragraph (1)(B), in21 cluding any public comment received under para22 graph (2)(B). 

23 (5) DEFINITIONS.—In this subsection: 

24 (A) CHILD RESTRAINT SYSTEM.—The 

25 term ‘‘child restraint system’’ has the meaning 


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1 given that term in section 571.213 of title 49, 

2 Code of Federal Regulations (or any successor 

3 regulation). 

4 (B) INDEPENDENT THIRD PARTY.—The 

5 term ‘‘independent third party’’ means a person 

6 that does not receive any direct financial assist7 ance from a manufacturer (as defined in section 

8 30102 of title 49, Code of Federal Regulations 

9 (or any successor regulation)) that produces or 

10 supplies— 

11 (i) equipment for the systems man12 dated in such section 30129; or 

13 (ii) child restraint systems. 

14 (C) PASSENGER MOTOR VEHICLE.—The 

15 term ‘‘passenger motor vehicle’’ has the mean16 ing given that term in section 32101 of title 49, 

17 United States Code. 

18 (D) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of Transportation. 

20 SEC. 10102. RULEMAKING TO INSTALL AUTOMATIC SHUT21 OFF SYSTEMS AND ROLLAWAY PREVENTION 

22 TECHNOLOGY IN MOTOR VEHICLES. 

23 (a) DEFINITIONS.—In this section: 

24 (1) ELECTRIC VEHICLE.—The term ‘‘electric 

25 vehicle’’— 


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1 (A) means a vehicle that does not include 

2 an engine and is powered solely by an external 

3 source of electricity, solar power, or both; 

4 (B) does not include an electric hybrid ve5 hicle that uses a chemical fuel such as gasoline 

6 or diesel fuel. 

7 (2) KEY.—The term ‘‘key’’ has the meaning 

8 given the term in section 571.114 of title 49, Code 

9 of Federal Regulations (or successor regulations). 

10 (3) MANUFACTURER.—The term ‘‘manufac11 turer’’ has the meaning given the term in section 

12 30102(a) of title 49, United States Code. 

13 (4) MOTOR VEHICLE.— 

14 (A) IN GENERAL.—The term ‘‘motor vehi15 cle’’ has the meaning given the term in section 

16 30102(a) of title 49, United States Code. 

17 (B) EXCLUSIONS.—The term ‘‘motor vehi18 cle’’ does not include— 

19 (i) a motorcycle or trailer (as those 

20 terms are defined in section 571.3 of title 

21 49, Code of Federal Regulations) (or suc22 cessor regulations); 

23 (ii) any motor vehicle that is rated at 

24 more than 10,000 pounds gross vehicular 

25 weight; or 


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1 (iii) for purposes of subsection (b), a 

2 battery electric vehicle. 

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

4 the Secretary of Transportation. 

5 (b) AUTOMATIC SHUTOFF SYSTEMS FOR MOTOR VE6 HICLES.— 

7 (1) FINAL RULE.— 

8 (A) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of this Act, the Sec10 retary shall issue a final rule amending section 

11 571.114 of title 49, Code of Federal Regula12 tions (relating to Federal Motor Vehicle Safety 

13 Standard Number 114), to require manufactur14 ers to install in each motor vehicle equipped 

15 with a keyless ignition device and an internal 

16 combustion engine technology to automatically 

17 shut off the motor vehicle after the motor vehi18 cle has idled for the period designated under 

19 subparagraph (B). 

20 (B) PERIOD DESCRIBED.— 

21 (i) IN GENERAL.—The period referred 

22 to in subparagraph (A) is the period des23 ignated by the Secretary as necessary to 

24 prevent carbon monoxide poisoning. 


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1 (ii) DIFFERENT PERIODS.—The Sec2 retary may designate different periods 

3 under clause (i) for different types of 

4 motor vehicles, depending on the rate at 

5 which the motor vehicle emits carbon mon6 oxide, if— 

7 (I) the Secretary determines a 

8 different period is necessary for a type 

9 of motor vehicle for purposes of sec10 tion 30111 of title 49, United States 

11 Code; and 

12 (II) requiring a different period 

13 for a type of motor vehicle is con14 sistent with the prevention of carbon 

15 monoxide poisoning. 

16 (2) DEADLINE.—The rule under paragraph (1) 

17 shall become effective not later than 2 years after 

18 the date on which the Secretary issues such rule. 

19 (c) PREVENTING MOTOR VEHICLES FROM ROLLING

20 AWAY.— 

21 (1) REQUIREMENT.—Not later than 2 years 

22 after the date of enactment of this Act, the Sec23 retary shall issue a final rule amending part 571 of 

24 title 49, Code of Federal Regulations, to require 

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1 ment of motor vehicles equipped with keyless igni2 tion devices and automatic transmissions if— 

3 (A) the transmission of the motor vehicle 

4 is not in the park setting; 

5 (B) the motor vehicle does not exceed the 

6 speed determined by the Secretary under para7 graph (2); 

8 (C) the seat belt of the operator of the 

9 motor vehicle is unbuckled; 

10 (D) the service brake of the motor vehicle 

11 is not engaged; and 

12 (E) the door for the operator of the motor 

13 vehicle is open. 

14 (2) DETERMINATION.—The Secretary shall de15 termine the maximum speed at which a motor vehi16 cle may be safely locked in place under the condi17 tions described in subparagraphs (A), (C), (D), and 

18 (E) of paragraph (1) to prevent vehicle rollaways. 

19 (3) DEADLINE.—The rule under paragraph (1) 

20 shall become effective not later than 2 years after 

21 the date on which the Secretary issues such rule. 

22 SEC. 10103. 21ST CENTURY SMART CARS. 

23 (a) CRASH AVOIDANCE RULEMAKING.— 

24 (1) IN GENERAL.—Subchapter II of chapter 

25 301 of title 49, United States Code, as amended by 


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1 section 10101(a)(1), is further amended by adding 

2 at the end the following new section: 

3 ‘‘§ 30130. Crash avoidance rulemaking 

4 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

5 date of enactment of this section, the Secretary shall issue 

6 final rules prescribing motor vehicle safety standards 

7 that— 

8 ‘‘(1) establish minimum performance require9 ments for the crash avoidance systems described in 

10 subsection (b); and 

11 ‘‘(2) require all new passenger motor vehicles 

12 manufactured for sale in the United States, intro13 duced or delivered for introduction in interstate com14 merce, or imported into the United States to be 

15 equipped with the crash avoidance systems described 

16 in subsection (b). 

17 ‘‘(b) CRASH AVOIDANCE SYSTEMS.—The Secretary 

18 shall issue motor vehicle safety standards for each of the 

19 following crash avoidance systems— 

20 ‘‘(1) forward collision warning and automatic 

21 emergency braking that detects potential collisions 

22 with vehicles, objects, pedestrians, bicyclists, and 

23 other vulnerable road users while the vehicle is trav24 eling forward, provides a warning to the driver, and 


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1 automatically applies the brakes to avoid or mitigate 

2 the severity of a collision; 

3 ‘‘(2) rear automatic emergency braking that de4 tects a potential collision with vehicles, objects, pe5 destrians, bicyclists, and other vulnerable roads user 

6 while a vehicle is traveling in reverse and automati7 cally applies the brakes to avoid or mitigate the se8 verity of a collision; 

9 ‘‘(3) rear cross traffic warning that detects ve10 hicles, objects, pedestrians, bicyclists, and other vul11 nerable road users approaching from the side and 

12 rear of a vehicle as it travels in reverse and alerts 

13 the driver; 

14 ‘‘(4) lane departure warning that monitors a ve15 hicle’s position in its lane and alerts the driver as 

16 the vehicle approaches or crosses lane markers; and 

17 ‘‘(5) blind spot warning that detects a vehicle, 

18 pedestrian, bicyclist , and other vulnerable road user 

19 to the side or rear of a vehicle and alerts the driver 

20 to their presence, including when a driver attempts 

21 to change the course of travel toward another vehicle 

22 or road user in the blind zone of the vehicle. 

23 ‘‘(c) CONSIDERATIONS.—In prescribing the motor ve24 hicle safety standards required in subsection (a), the Sec25 retary shall require that the crash avoidance systems— 


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1 ‘‘(1) perform effectively at speeds for which a 

2 passenger motor vehicle is designed to operate, in3 cluding on city streets and highways; and 

4 ‘‘(2) include self-diagnostic capability and warn5 ing when inoperable. 

6 ‘‘(d) COMPLIANCE DATE.—The compliance date of 

7 the standards prescribed under subsection (a) shall not ex8 ceed more than 2 years from the date final rules are 

9 issued. 

10 ‘‘(e) RULEMAKING ON POINT OF SALE INFORMA11 TION.—Not later than 18 months after the date of enact12 ment of this section, the Secretary shall issue a final rule 

13 to require clear and concise information about the capa14 bilities and limitations of advanced crash avoidance sys15 tems described in subsection (b) to be provided to a con16 sumer at the point of sale and in the vehicle owner’s man17 ual, including a publicly accessible electronic owner’s man18 ual. 

19 ‘‘(f) HEADLAMPS.— 

20 ‘‘(1) FINAL RULE.—Not later than 2 years 

21 after the date of enactment of this section, the Sec22 retary shall issue a final rule amending section 

23 571.108 of title 49, Code of Federal Regulations 

24 to— 

25 ‘‘(A) improve illumination of the roadway; 


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1 ‘‘(B) prevent glare; 

2 ‘‘(C) establish minimum performance 

3 standards for— 

4 ‘‘(i) semi-automatic headlamp beam 

5 switching; 

6 ‘‘(ii) curve adaptive headlamps; and 

7 ‘‘(iii) adaptive driving beam headlamp 

8 technology. 

9 ‘‘(2) COMPLIANCE DATE.—The compliance date 

10 of the revised standard prescribed under paragraph 

11 (1) shall not exceed more than 2 years from the ef12 fective date. 

13 ‘‘(3) FINAL RULEMAKING REQUIRED.—Not 

14 later than 1 year after the date of enactment of this 

15 section, the Secretary shall finalize the Rulemaking 

16 (83 Fed. Reg. 51766) to permit the certification of 

17 adaptive driving beam headlighting systems. 

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

19 ‘‘(1) CRASH AVOIDANCE.—The term ‘crash 

20 avoidance’ has the meaning given to that term in 

21 section 32301. 

22 ‘‘(2) PASSENGER MOTOR VEHICLE.—The term 

23 ‘passenger motor vehicle’ has the meaning given to 

24 that term in section 32101.’’. 


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1 (2) CONFORMING AMENDMENT.—The table of 

2 sections for subchapter II of chapter 301 of title 49, 

3 United States Code, as amended by section 

4 10101(a)(2), is further amended by adding at the 

5 end the following new item: 

‘‘30130. Crash avoidance rulemaking.’’. 

6 (b) RESEARCH OF ADVANCED CRASH SYSTEMS.— 

7 (1) IN GENERAL.—Subchapter II of chapter 

8 301 of title 49, United States Code, as amended by 

9 section 10101(a)(1) and subsection (a)(1), is further 

10 amended by adding at the end the following new sec11 tion: 

12 ‘‘§ 30131. Advanced crash systems research and con13 sumer education 

14 ‘‘(a) ADVANCED CRASH SYSTEMS RESEARCH.— 

15 ‘‘(1) RESEARCH REQUIRED.—Not later than 2 

16 years after the date of enactment of this section, the 

17 Secretary shall complete research into the following: 

18 ‘‘(A) Direct driver monitoring systems that 

19 will minimize driver disengagement, driver dis20 traction, prevent automation complacency, and 

21 foreseeable misuse of vehicle automation. 

22 ‘‘(B) Lane keeping assistance that assists 

23 with steering to keep a vehicle within its driving 

24 lane. 


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1 ‘‘(C) Automatic collision notification sys2 tems that— 

3 ‘‘(i) notify emergency responders that 

4 a crash has occurred and provide the geo5 graphical location of the vehicle and crash 

6 data in a manner that allows for assess7 ment of potential injuries and emergency 

8 response; and 

9 ‘‘(ii) transfer to the Secretary 

10 anonymized automatic crash data for the 

11 purposes of safety research and statistical 

12 analysis. 

13 ‘‘(D) Intelligent Speed Assist that— 

14 ‘‘(i) determines the applicable speed 

15 limit where the vehicle is operating; and 

16 ‘‘(ii) alerts the driver to the current 

17 speed limit and discourages exceeding that 

18 limit. 

19 ‘‘(2) REQUIREMENTS.—In conducting the re20 search required under subsection (a), the Secretary 

21 shall— 

22 ‘‘(A) develop one or more tests to evaluate 

23 the performance of the systems; 


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1 ‘‘(B) determine criteria that would be rea2 sonable and practicable at evaluating the per3 formance of the systems; and 

4 ‘‘(C) determine fail, pass, or advanced pass 

5 criteria to assure the systems are performing 

6 their intended function. 

7 ‘‘(3) REPORT.—The Secretary shall submit a 

8 report detailing findings from the research required 

9 under subsection (a) to the House Energy and Com10 merce Committee and the Senate Commerce, 

11 Science, and Transportation Committee not later 

12 than 3 years after the date of enactment of this Act. 

13 ‘‘(4) RULEMAKING.—Not later than 4 years 

14 after the date of enactment of this section, the Sec15 retary shall issue final rules to establish motor vehi16 cle safety standards for the advanced crash systems 

17 described in this subsection and to require all new 

18 passenger motor vehicles manufactured for sale in 

19 the United States, introduced or delivered for intro20 duction in interstate commerce, or imported into the 

21 United States produced after the compliance date of 

22 such standards to be equipped with advanced crash 

23 avoidance systems described in this subsection. 

24 ‘‘(5) LEAD-TIME.—The compliance date of the 

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1 ceed more than 2 model years from the date a motor 

2 vehicle safety standard is finalized. 

3 ‘‘(6) CRASH DATA.—If the Secretary makes a 

4 determination that establishing a motor vehicle safe5 ty standard described in paragraph (1)(C)(ii) does 

6 not meet the requirements and considerations set 

7 forth in subsections (a) and (b) of section 30111 of 

8 title 49, United States Code, the Secretary— 

9 ‘‘(A) shall submit a report describing the 

10 reasons for reaching such a determination to 

11 the Committee on Energy and Commerce of the 

12 House of Representatives and the Committee 

13 on Commerce, Science, and Transportation in 

14 the Senate; and 

15 ‘‘(B) may not issue such a standard. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) CRASH AVOIDANCE.—The term ‘crash 

18 avoidance’ has the meaning given to that term in 

19 section 32301. 

20 ‘‘(2) PASSENGER MOTOR VEHICLE.—The term 

21 ‘passenger motor vehicle’ has the meaning given to 

22 that term in section 32101.’’. 

23 (2) CONFORMING AMENDMENT.—The table of 

24 sections for subchapter II of chapter 301 of title 49, 

25 United States Code, as amended by section 


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1 10101(a)(2) and subsection (a)(2), is further 

2 amended by adding at the end the following new 

3 item: 

‘‘30131. Advanced crash systems research and consumer education.’’. 

4 SEC. 10104. UPDATING THE 5-STAR SAFETY RATING SYS5 TEM. 

6 (a) IN GENERAL.—Section 32302 of title 49, United 

7 States Code, is amended— 

8 (1) by striking subsection (c); 

9 (2) by redesignating subsection (d) as sub10 section (c); and 

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

12 ‘‘(d) ROADMAP.— 

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 the date of the enactment of this subsection, and 

15 every 2 years thereafter, the Secretary shall publish 

16 a clear and concise report on a publicly accessible 

17 website detailing efforts over the next 5-year period 

18 to improve the passenger motor vehicle information 

19 developed under subsection (a). 

20 ‘‘(2) ELEMENTS.—The report required under 

21 paragraph (1) shall include— 

22 ‘‘(A) descriptions of actions that will be 

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1 cluding the development of test procedures, test 

2 devices, and safety performance criteria; 

3 ‘‘(B) key milestones, including the antici4 pated start of an action, completion of an ac5 tion, and effective date of an update; and 

6 ‘‘(C) descriptions of how an update will im7 prove the passenger motor vehicle information 

8 developed under subsection (a). 

9 ‘‘(3) REQUIREMENTS.—In developing and im10 plementing the report required under paragraph (1), 

11 the Secretary shall— 

12 ‘‘(A) identify and prioritize features and 

13 systems that meet a known safety need and for 

14 which objective and appropriate tests and eval15 uation criteria exist or can be developed; 

16 ‘‘(B) when reasonable and in the interest 

17 of reducing crashes and deaths and injuries re18 sulting from crashes, harmonize the passenger 

19 motor vehicle information developed under sub20 section (a) with other safety information pro21 grams, including those administered inter22 nationally or by private organizations, that pro23 vide comparisons of safety characteristics of 

24 passenger motor vehicles; and 


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1 ‘‘(C) establish objective criteria for the se2 lection of safety features and systems to be 

3 tested. 

4 ‘‘(4) PUBLIC COMMENT.—The Secretary shall 

5 provide for a period of public comment and review 

6 in developing the report required under paragraph 

7 (1). 

8 ‘‘(e) INITIAL UPDATES TO THE 5-STAR SAFETY RAT9 ING SYSTEM.— 

10 ‘‘(1) CRASH AVOIDANCE.—Not later than 1 

11 year after the date of the enactment of this sub12 section, the Secretary shall implement, in the pas13 senger motor vehicle information program under 

14 subsection (a), updated or new, as applicable, crash 

15 avoidance tests, which shall include tests of forward 

16 automatic emergency braking, lane departure warn17 ing, blind spot warning, rear cross traffic warning, 

18 and rear automatic emergency braking. 

19 ‘‘(2) VULNERABLE ROAD USER SAFETY.—Not 

20 later than 1 year after the date of the enactment of 

21 this subsection, the Secretary shall implement, in the 

22 passenger motor vehicle information program under 

23 subsection (a), crash avoidance tests that assess the 

24 prevention or mitigation of crashes between a pas25 senger motor vehicle and a pedestrian, bicyclist, or 


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1 other vulnerable road user, which shall include tests 

2 of forward automatic emergency braking and rear 

3 automatic emergency braking. 

4 ‘‘(3) NEW AND UPDATED 5-STAR SAFETY RAT5 INGS.—Not later than 1 year after the date of the 

6 enactment of this subsection, the Secretary shall— 

7 ‘‘(A) establish separate 5-star safety rat8 ings for— 

9 ‘‘(i) crash avoidance, which shall in10 corporate the tests implemented under 

11 paragraph (1); and 

12 ‘‘(ii) pedestrian, bicyclist, and other 

13 vulnerable road user safety, which shall in14 corporate the tests implemented under 

15 paragraph (2); and 

16 ‘‘(B) update the combined overall 5-star 

17 safety rating to incorporate the 5-star safety 

18 ratings established under subparagraph (A). 

19 ‘‘(f) ADVANCED UPDATES TO THE 5-STAR SAFETY

20 RATING SYSTEM.— 

21 ‘‘(1) CRASHWORTHINESS.— 

22 ‘‘(A) TEST PROCEDURES, CONDITIONS, 

23 AND DEVICES; INJURY CRITERIA.—Not later 

24 than 2 years after the date of the enactment of 

25 this subsection, the Secretary shall prescribe a 


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1 final rule amending part 572 of title 49, Code 

2 of Federal Regulations, to incorporate into the 

3 passenger motor vehicle information program 

4 under subsection (a)— 

5 ‘‘(i) updated and new test procedures, 

6 test conditions, and anthropomorphic test 

7 devices that reasonably represent motor ve8 hicle occupants and pedestrians, bicyclists, 

9 and other vulnerable road users, including 

10 such occupants and users who are children, 

11 elderly individuals, adult males, and adult 

12 females; and 

13 ‘‘(ii) new or refined injury criteria, in14 cluding head, neck, chest, abdomen, pelvis, 

15 upper leg, and lower leg injury criteria, 

16 based on real-world injuries and the great17 est potential to increase the safety of pas18 senger motor vehicles. 

19 ‘‘(B) TESTS.—Not later than 3 years after 

20 the date of the enactment of this subsection, 

21 the Secretary shall, with respect to the pas22 senger motor vehicle information program 

23 under subsection (a)— 

24 ‘‘(i) update existing crashworthiness 

25 tests, including to account for adult male, 


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1 adult female, and elderly occupants in all 

2 designated seating positions; and 

3 ‘‘(ii) implement new crashworthiness 

4 tests for— 

5 ‘‘(I) occupants, including chil6 dren, elderly occupants, adult males, 

7 and adult females, in all rear des8 ignated seating positions; 

9 ‘‘(II) crashes between a pas10 senger motor vehicle and a pedestrian, 

11 bicyclist, or other vulnerable road 

12 user, including the potential risks of 

13 injuries to the head, neck, chest, ab14 domen, pelvis, upper leg, and lower 

15 leg; and 

16 ‘‘(III) seats, the attachment as17 semblies of seats, and the installation 

18 of seats. 

19 ‘‘(2) POST-CRASH SAFETY AND ADVANCED

20 CRASH AVOIDANCE SYSTEMS.— 

21 ‘‘(A) RESEARCH.—Not later than 2 years 

22 after the date of the enactment of this sub23 section, the Secretary shall complete research 

24 into the development of tests for— 


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1 ‘‘(i) post-crash safety systems, includ2 ing tests for automatic collision notifica3 tion; and 

4 ‘‘(ii) advanced crash avoidance sys5 tems, including tests for— 

6 ‘‘(I) lane keeping assistance; 

7 ‘‘(II) traffic jam assist; 

8 ‘‘(III) driver monitoring and 

9 driver distraction prevention, includ10 ing tests for maintaining driver en11 gagement and mitigating distraction 

12 from in-vehicle electronic devices; 

13 ‘‘(IV) intelligent speed assistance; 

14 and 

15 ‘‘(V) blind spot intervention. 

16 ‘‘(B) IMPLEMENTATION.—After completion 

17 of the research required under subparagraph 

18 (A), and not later than 3 years after the date 

19 of the enactment of this subsection, the Sec20 retary shall implement tests for post-crash safe21 ty systems and advanced crash avoidance sys22 tems, including (at a minimum) tests for the 

23 specific capabilities described in clause (i) of 

24 such subparagraph and subclauses (I) through 

25 (V) of clause (ii) of such subparagraph, unless 


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1 the Secretary determines that doing so will not 

2 improve the passenger motor vehicle informa3 tion developed under subsection (a). 

4 ‘‘(C) EXPLANATION OF DETERMINA5 TION.—If the Secretary does not implement 

6 tests for a specific capability described in clause 

7 (i) of subparagraph (A) or any of subclauses (I) 

8 through (V) of clause (ii) of such subparagraph, 

9 the Secretary shall describe in the next report 

10 required under subsection (d)— 

11 ‘‘(i) the reasons for the determination 

12 of the Secretary under subparagraph (B) 

13 with respect to such capability; and 

14 ‘‘(ii) if such capability is included in 

15 another safety information program, in16 cluding such a program administered by an 

17 international or private organization, why 

18 the tests, or substantially similar tests, 

19 from such other program were not adopt20 ed. 

21 ‘‘(3) NEW AND UPDATED 5-STAR SAFETY RAT22 INGS.—Not later than 3 years after the date of the 

23 enactment of this subsection, the Secretary shall— 

24 ‘‘(A) establish separate 5-star safety rat25 ings for— 


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1 ‘‘(i) crashworthiness for adults; 

2 ‘‘(ii) crashworthiness for elderly occu3 pants; and 

4 ‘‘(iii) crashworthiness for children; 

5 ‘‘(B) update the crash avoidance 5-star 

6 safety rating to incorporate the post-crash safe7 ty and advanced crash avoidance tests imple8 mented under paragraph (2)(B); and 

9 ‘‘(C) update the combined overall 5-star 

10 safety rating to incorporate the 5-star safety 

11 ratings established under subparagraph (A) and 

12 the 5-star safety rating updated under subpara13 graph (B). 

14 ‘‘(g) ADVANCED DRUNK DRIVING PREVENTION

15 TECHNOLOGY.— 

16 ‘‘(1) RESEARCH.—Not later than 2 years after 

17 the date of the enactment of this subsection, the 

18 Secretary shall complete research into the develop19 ment of tests for advanced drunk driving prevention 

20 technology. 

21 ‘‘(2) IMPLEMENTATION.—After completion of 

22 the research required under paragraph (1), and not 

23 later than 4 years after the date of the enactment 

24 of this subsection, the Secretary shall implement 

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1 nology, unless the Secretary determines that doing 

2 so will not improve the passenger motor vehicle in3 formation developed under subsection (a). 

4 ‘‘(3) EXPLANATION OF DETERMINATION.—If 

5 the Secretary does not implement tests for advanced 

6 drunk driving prevention technology, the Secretary 

7 shall describe in the next report required under sub8 section (d)— 

9 ‘‘(A) the reasons for the determination of 

10 the Secretary under paragraph (2); and 

11 ‘‘(B) if advanced drunk driving prevention 

12 technology is included in another safety infor13 mation program, including such a program ad14 ministered by an international or private orga15 nization, the Secretary shall detail why the 

16 tests, or substantially similar tests, from such 

17 other program were not adopted. 

18 ‘‘(4) UPDATED 5-STAR SAFETY RATINGS.—Not 

19 later than 4 years after the date of the enactment 

20 of this subsection, the Secretary shall— 

21 ‘‘(A) update the crash avoidance 5-star 

22 safety rating to incorporate any tests for ad23 vanced drunk driving prevention technology im24 plemented under paragraph (2); and 


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1 ‘‘(B) update the combined overall 5-star 

2 safety rating to incorporate any updates to the 

3 crash avoidance 5-star safety rating under sub4 paragraph (A). 

5 ‘‘(h) UPDATING THE MONRONEY LABEL.— 

6 ‘‘(1) IN GENERAL.—Not later than 4 years 

7 after the date of the enactment of this subsection, 

8 the Secretary shall prescribe a final rule revising 

9 part 575 of title 49, Code of Federal Regulations, to 

10 update the safety rating information required to be 

11 displayed on stickers placed on motor vehicles by 

12 their manufacturers (commonly referred to as 

13 ‘Monroney Labels’). 

14 ‘‘(2) REQUIREMENTS.—In carrying out para15 graph (1), the Secretary shall require that crash 

16 avoidance information is indicated next to crash17 worthiness information on the stickers described in 

18 such paragraph. 

19 ‘‘(i) SAFETY RATINGS.— 

20 ‘‘(1) IN GENERAL.—The 5-star safety ratings 

21 shall— 

22 ‘‘(A) provide consumers with easy-to-un23 derstand information about passenger motor ve24 hicle safety; 


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1 ‘‘(B) provide meaningful comparative in2 formation about the safety of passenger motor 

3 vehicles; and 

4 ‘‘(C) provide incentives for the design of 

5 safer passenger motor vehicles. 

6 ‘‘(2) STANDARD SYSTEMS OR FEATURES.—A 

7 vehicle model shall only achieve the highest safety 

8 rating under the passenger motor vehicle informa9 tion program under subsection (a) if each system or 

10 feature that is subject to a test under such program 

11 is standard for the model. 

12 ‘‘(3) PUBLIC AVAILABILITY.—Not later than 30 

13 days after providing the safety ratings under the 

14 passenger motor vehicle information program under 

15 subsection (a) for a passenger motor vehicle to the 

16 manufacturer of the vehicle, the Secretary shall pub17 lish such safety ratings on a website that is publicly 

18 available and easily accessible (including on mobile 

19 devices). 

20 ‘‘(j) CONTINUOUS UPDATES.— 

21 ‘‘(1) IN GENERAL.—Not later than 6 years 

22 after the date of the enactment of this subsection, 

23 and every 2 years thereafter, the Secretary shall— 

24 ‘‘(A) update the passenger motor vehicle 

25 information program under subsection (a) to 


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1 expand consumer access to information about 

2 passenger motor vehicle safety in accordance 

3 with the roadmap required under subsection 

4 (d); and 

5 ‘‘(B) update each test or 5-star safety rat6 ing implemented under this section, unless the 

7 Secretary determines that updating the test or 

8 5-star safety rating will not improve the pas9 senger motor vehicle information developed 

10 under subsection (a). 

11 ‘‘(2) REPLACING AND ELIMINATING TESTS AND

12 5-STAR SAFETY RATINGS.— 

13 ‘‘(A) IN GENERAL.—If the Secretary deter14 mines that a test or 5-star safety rating imple15 mented under this section no longer improves 

16 the passenger motor vehicle information devel17 oped under subsection (a), the Secretary shall— 

18 ‘‘(i) replace such test or 5-star safety 

19 rating; or 

20 ‘‘(ii) if the Secretary determines that 

21 a replacement of such test or 5-star safety 

22 rating will not improve the passenger 

23 motor vehicle information developed under 

24 subsection (a), eliminate such test or 5- 

25 star safety rating. 


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1 ‘‘(B) EXPLANATION OF DETERMINA2 TION.—If the Secretary eliminates a test or 5- 

3 star safety rating under subparagraph (A)(ii), 

4 the Secretary shall provide an explanation for 

5 the determination of the Secretary under such 

6 subparagraph in the next report required under 

7 subsection (d). 

8 ‘‘(k) REPORT ON FAILURE TO MEET DEADLINE.— 

9 If the Secretary fails to meet a deadline under this section, 

10 the Secretary shall, not later than 30 days after the dead11 line, submit to the Committee on Energy and Commerce 

12 of the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Senate a 

14 report containing— 

15 ‘‘(1) an explanation of why the Secretary failed 

16 to meet the deadline; and 

17 ‘‘(2) a detailed plan and projected timeline for 

18 completing the requirement to which the deadline re19 lates. 

20 ‘‘(l) DEFINITIONS.—In this section: 

21 ‘‘(1) 5-STAR SAFETY RATING.—The term ‘5-star 

22 safety rating’ means a graphical depiction of a rat23 ing assigned under the passenger motor vehicle in24 formation program under subsection (a). 


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1 ‘‘(2) CRASHWORTHINESS.—The term ‘crash2 worthiness’ has the meaning given such term in sec3 tion 32301, except that such term also includes the 

4 protection a passenger motor vehicle gives pedes5 trians, bicyclists, and other vulnerable road users 

6 against personal injury or death from a motor vehi7 cle accident.’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Secretary of Trans10 portation $75,000,000 for each of fiscal years 2022 

11 through 2027 to carry out the amendments made by this 

12 section. 

13 SEC. 10105. ADVANCED DRUNK DRIVING PREVENTION 

14 TECHNOLOGY. 

15 (a) REQUIREMENTS.— 

16 (1) MOTOR VEHICLE SAFETY STANDARD.—Not 

17 later than 18 months after the date of enactment of 

18 this Act, the Secretary of Transportation shall issue 

19 a notice of proposed rulemaking to prescribe a motor 

20 vehicle safety standard under section 30111 of title 

21 49, United States Code, that requires passenger 

22 motor vehicles manufactured after the effective date 

23 of such standard to be equipped with advanced 

24 drunk driving prevention technology. Not later than 

25 three years after the date of enactment of this Act, 


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1 the Secretary shall prescribe a final rule containing 

2 the motor vehicle safety standard required under 

3 this subsection. The final rule shall specify an effec4 tive date that provides at least two years, but no 

5 more than three years, to allow for manufacturing 

6 compliance. 

7 (2) TIMING.—If the Secretary determines that 

8 a new motor vehicle safety standard required under 

9 this subsection cannot meet the requirements and 

10 considerations set forth in subsections (a) and (b) of 

11 section 30111 of title 49, United States Code, within 

12 the 3-year period required under paragraph (1), the 

13 Secretary shall— 

14 (A) submit a report to the Committee on 

15 Energy and Commerce of the House of Rep16 resentatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate de18 scribing the reasons for not prescribing such a 

19 standard within such 3-year period; 

20 (B) not later than one year after the sub21 mission of the report under subparagraph (A), 

22 prescribe the final rule required by paragraph 

23 (1); 

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1 sections (a) and (b) of section 30111 of title 49, 

2 United States Code, within the additional 1- 

3 year period described in subparagraph (B), or 

4 any subsequent 1-year period, submit a addi5 tional reports after each additional 1-year pe6 riod to the committees described in subpara7 graph (A) describing the reasons for not pre8 scribing such a standard within such additional 

9 period; and 

10 (D) not later than six years after the date 

11 of enactment of this Act, prescribe a final 

12 motor vehicle safety, as required under para13 graph (1). 

14 (b) DEVELOPMENT.—The Secretary shall work di15 rectly with manufacturers of passenger motor vehicles, 

16 suppliers, safety advocates, and other interested parties, 

17 including universities with expertise in automotive engi18 neering, to— 

19 (1) accelerate the development of the advanced 

20 drunk driving prevention technology required to pre21 scribe a motor vehicle safety standard described in 

22 subsection (a); and 

23 (2) ensure the integration of such technology 

24 into passenger motor vehicles available for sale at 

25 the earliest practicable date. 


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1 (c) DEFINITIONS.—In this section: 

2 (1) ADVANCED DRUNK DRIVING PREVENTION

3 TECHNOLOGY.—the term ‘‘advanced drunk driving 

4 prevention technology’’ means— 

5 (A)(i) a passive system that monitors a 

6 driver’s performance to identify whether that 

7 driver may be impaired; 

8 (ii) a system that can passively and accu9 rately detect whether the blood alcohol con10 centration of a driver of a motor vehicle is 

11 equal to or greater than .08 blood alcohol con12 tent; or 

13 (iii) a similar system that detects impair14 ment of a driver, including a combination of 

15 systems described in paragraphs (A) and (B); 

16 and 

17 (B) a system that prevents or limits vehicle 

18 operation if such system determines the driver 

19 may be intoxicated or otherwise impaired. 

20 (2) MOTOR VEHICLE SAFETY STANDARD.—The 

21 term ‘‘motor vehicle safety standard’’ has the mean22 ing given such term in section 30102 of title 49, 

23 United States Code. 

24 (3) PASSENGER MOTOR VEHICLE.—The term 

25 ‘‘passenger motor vehicle’’ has the meaning given 


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1 such term in section 32101 of title 49, United 

2 States Code. 

3 SEC. 10106. LIMOUSINE COMPLIANCE WITH FEDERAL SAFE4 TY STANDARDS. 

5 (a) LIMOUSINE STANDARDS.— 

6 (1) SAFETY BELT AND SEATING SYSTEM

7 STANDARDS FOR LIMOUSINES.—Not later than 2 

8 years after the date of the enactment of this Act, the 

9 Secretary shall prescribe a final rule— 

10 (A) that amends Federal Motor Vehicle 

11 Safety Standard Numbers 208, 209, and 210 to 

12 require to be installed in limousines at each 

13 designated seating position, including on side14 facing seats— 

15 (i) an occupant restraint system con16 sisting of integrated lap shoulder belts; or 

17 (ii) an occupant restraint system con18 sisting of a lap belt if the occupant re19 straint system described in clause (i) does 

20 not meet the need for motor vehicle safety; 

21 and 

22 (B) that amends Federal Motor Vehicle 

23 Safety Standard Number 207 to require lim24 ousines to meet standards for seats (including 

25 side-facing seats), seat attachment assemblies, 


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1 and seat installation to minimize the possibility 

2 of their failure by forces acting on them as a 

3 result of vehicle impact. 

4 (2) REPORT ON RETROFIT ASSESSMENT FOR

5 LIMOUSINES.—Not later than 2 years after the date 

6 of the enactment of this Act, the Secretary shall 

7 submit to the Committee on Energy and Commerce 

8 of the House of Representatives and the Committee 

9 on Commerce, Science, and Transportation of the 

10 Senate a report that assesses the feasibility, bene11 fits, and costs with respect to the application of any 

12 requirement established under paragraph (1) to a 

13 limousine introduced into interstate commerce before 

14 the date on which the requirement takes effect. 

15 (b) SAFETY REGULATION OF LIMOUSINES.— 

16 (1) IN GENERAL.—Section 30102(a)(6) of title 

17 49, United States Code, is amended— 

18 (A) in subparagraph (A), by striking ‘‘or’’ 

19 at the end; 

20 (B) in subparagraph (B), by striking the 

21 period and inserting ‘‘; or’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(C) modifying a passenger motor vehicle 

24 (as such term is defined in section 32101) that 

25 has already been purchased by the first purVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01621 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 chaser (as such term is defined in subsection 

2 (b)) by increasing the wheelbase of the vehicle 

3 so that the vehicle has increased seating capac4 ity.’’. 

5 (2) EFFECTIVE DATE.—The amendments made 

6 by paragraph (1) shall apply beginning on the date 

7 that is 1 year after the date of the enactment of this 

8 Act. 

9 (c) LIMOUSINE COMPLIANCE WITH FEDERAL SAFE10 TY STANDARDS.— 

11 (1) IN GENERAL.—Subchapter II of chapter 

12 301 of title 49, United States Code, as amended by 

13 sections 10101(a)(1), 10103 (a)(1), and 

14 10103(b)(1), is further amended by adding at the 

15 end the following new section: 

16 ‘‘§ 30132. Limousine compliance with Federal safety 

17 standards 

18 ‘‘(a) REQUIREMENT.—Beginning on the date that is 

19 1 year after the date of the enactment of this section, a 

20 limousine remodeler may not offer for sale, lease, or rent, 

21 introduce or deliver for introduction into interstate com22 merce, or import into the United States a new limousine 

23 unless the limousine remodeler has submitted to the Sec24 retary a vehicle remodeler plan (or an updated vehicle re25 modeler plan required by subsection (b), as applicable) 


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1 that describes how the remodeler is mitigating risks to 

2 motor vehicle safety posed by the limousines of the remod3 eler. A vehicle remodeler plan shall include the following: 

4 ‘‘(1) Verification and validation of compliance 

5 with applicable motor vehicle safety standards. 

6 ‘‘(2) Design, quality control, manufacturing, 

7 and training practices adopted by the limousine re8 modeler. 

9 ‘‘(3) Customer support guidelines, including in10 structions for limousine occupants to wear seatbelts 

11 and limousine operators to notify occupants of the 

12 date and results of the most recent inspection of the 

13 limousine. 

14 ‘‘(b) UPDATES.—Each limousine remodeler shall sub15 mit an updated vehicle remodeler plan to the Secretary 

16 each year. 

17 ‘‘(c) PUBLICLY AVAILABLE.—The Secretary shall 

18 make any vehicle remodeler plan submitted under sub19 section (a) or (b) publicly available not later than 60 days 

20 after the date on which the plan is received, except the 

21 Secretary may not make publicly available any information 

22 relating to a trade secret or other confidential business 

23 information (as such terms are defined in section 512.3 

24 of title 49, Code of Federal Regulations (or any successor 

25 regulation)). 


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1 ‘‘(d) REVIEW.—The Secretary may inspect any vehi2 cle remodeler plan submitted by a limousine remodeler 

3 under subsection (a) or (b) to enable the Secretary to de4 termine whether the limousine remodeler has complied, or 

5 is complying, with this chapter or a regulation prescribed 

6 or order issued pursuant to this chapter. 

7 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed to affect discovery, a subpoena or 

9 other court order, or any other judicial process otherwise 

10 allowed under applicable Federal or State law. 

11 ‘‘(f) DEFINITIONS.—In this section: 

12 ‘‘(1) CERTIFIED PASSENGER MOTOR VEHI13 CLE.—The term ‘certified passenger motor vehicle’ 

14 means a passenger motor vehicle that has been cer15 tified in accordance with section 30115 to meet all 

16 applicable motor vehicle safety standards. 

17 ‘‘(2) INCOMPLETE VEHICLE.—The term ‘incom18 plete vehicle’ has the meaning given such term in 

19 section 567.3 of title 49, Code of Federal Regula20 tions (or any successor regulation). 

21 ‘‘(3) LIMOUSINE.—The term ‘limousine’ means 

22 a motor vehicle— 

23 ‘‘(A) that has a seating capacity of 9 or 

24 more persons (including the driver); 


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1 ‘‘(B) with a gross vehicle weight rating 

2 greater than 10,000 pounds but not greater 

3 than 26,000 pounds; and 

4 ‘‘(C) that the Secretary has determined by 

5 regulation has physical characteristics resem6 bling— 

7 ‘‘(i) a passenger car; 

8 ‘‘(ii) a multipurpose passenger vehicle; 

9 or 

10 ‘‘(iii) a truck with a gross vehicle 

11 weight rating of 10,000 pounds or less. 

12 ‘‘(4) LIMOUSINE OPERATOR.—The term ‘lim13 ousine operator’ means a person who owns or leases, 

14 and uses, a limousine to transport passengers for 

15 compensation. 

16 ‘‘(5) LIMOUSINE REMODELER.—The term ‘lim17 ousine remodeler’ means a person who alters or 

18 modifies by addition, substitution, or removal of 

19 components (other than readily attachable compo20 nents) an incomplete vehicle, a vehicle manufactured 

21 in two or more stages, or a certified passenger motor 

22 vehicle before or after the first purchase of the vehi23 cle to manufacture a limousine. 

24 ‘‘(6) MULTIPURPOSE PASSENGER VEHICLE.— 

25 The term ‘multipurpose passenger vehicle’ has the 


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1 meaning given such term in section 571.3 of title 49, 

2 Code of Federal Regulations (or any successor regu3 lation). 

4 ‘‘(7) PASSENGER CAR.—The term ‘passenger 

5 car’ has the meaning given such term in section 

6 571.3 of title 49, Code of Federal Regulations (or 

7 any successor regulation). 

8 ‘‘(8) PASSENGER MOTOR VEHICLE.—The term 

9 ‘passenger motor vehicle’ has the meaning given 

10 such term in section 32101. 

11 ‘‘(9) TRUCK.—The term ‘truck’ has the mean12 ing given such term in section 571.3 of title 49, 

13 Code of Federal Regulations (or any successor regu14 lation).’’. 

15 (2) ENFORCEMENT.—Section 30165(a)(1) of 

16 title 49, United States Code, is amended by insert17 ing ‘‘30132,’’ after ‘‘30127,’’. 

18 (3) CLERICAL AMENDMENT.—The table of sec19 tions for subchapter II of chapter 301 of title 49, 

20 United States Code, as amended by sections 

21 10101(a)(2), 10103(a)(2), and 10103(b)(2), is fur22 ther amended by adding at the end the following 

23 new item: 

‘‘30132. Limousine compliance with Federal safety standards.’’. 

24 (d) LIMOUSINE CRASHWORTHINESS.— 


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1 (1) RESEARCH.—Not later than 4 years after 

2 the date of the enactment of this Act, the Secretary 

3 shall complete research into the development of 

4 motor vehicle safety standards for side impact pro5 tection, roof crush resistance, and air bag systems 

6 for the protection of occupants for limousines with 

7 alternative seating positions, including perimeter 

8 seating arrangements. 

9 (2) RULEMAKING OR REPORT.— 

10 (A) CRASHWORTHINESS STANDARDS.— 

11 (i) IN GENERAL.—Not later than 2 

12 years after the completion of the research 

13 required under paragraph (1), except as 

14 provided in clause (ii), the Secretary shall 

15 prescribe a final motor vehicle safety 

16 standard, for the protection of occupants 

17 in limousines with alternative seating posi18 tions, for each of the following: 

19 (I) Side impact protection. 

20 (II) Roof crush resistance. 

21 (III) Air bag systems. 

22 (ii) REQUIREMENTS AND CONSIDER23 ATIONS.—The Secretary may only pre24 scribe a motor vehicle safety standard de25 scribed in clause (i) if the Secretary deterVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01627 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 mines that such standard meets the re2 quirements and considerations set forth in 

3 subsections (a) and (b) of section 30111 of 

4 title 49, United States Code. 

5 (B) REPORT.—If the Secretary determines 

6 that a standard described in subparagraph 

7 (A)(i) does not meet the requirements and con8 siderations set forth in subsections (a) and (b) 

9 of section 30111 of title 49, United States 

10 Code, the Secretary shall publish in the Federal 

11 Register and submit to the Committee on En12 ergy and Commerce of the House of Represent13 atives and the Committee on Commerce, 

14 Science, and Transportation of the Senate a re15 port describing the reasons for not prescribing 

16 such standard. 

17 (e) LIMOUSINE EVACUATION.— 

18 (1) RESEARCH.—Not later than 2 years after 

19 the date of the enactment of this Act, the Secretary 

20 shall complete research into safety features and 

21 standards that aid evacuation in the event that one 

22 exit in the passenger compartment of a limousine is 

23 blocked. 

24 (2) STANDARDS.—Not later than 3 years after 

25 the date of the enactment of this Act, the Secretary 


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1 shall prescribe a final motor vehicle safety standard 

2 based on the results of the research under para3 graph (1). 

4 (f) LIMOUSINE INSPECTION DISCLOSURE.— 

5 (1) IN GENERAL.—A limousine operator may 

6 not introduce a limousine into interstate commerce 

7 unless the limousine operator has prominently dis8 closed in a clear and conspicuous notice, including 

9 on the website of the operator if the operator has a 

10 website, the following: 

11 (A) The date of the most recent inspection 

12 of the limousine required under State or Fed13 eral law. 

14 (B) The results of the inspection. 

15 (C) Any corrective action taken by the lim16 ousine operator to ensure the limousine passed 

17 inspection. 

18 (2) FEDERAL TRADE COMMISSION ENFORCE19 MENT.—The Federal Trade Commission shall en20 force this subsection in the same manner, by the 

21 same means, and with the same jurisdiction, powers, 

22 and duties as though all applicable terms and provi23 sions of the Federal Trade Commission Act (15 

24 U.S.C. 41 et seq.) were incorporated into and made 

25 a part of this subsection. Any person who violates 


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1 this subsection shall be subject to the penalties and 

2 entitled to the privileges and immunities provided in 

3 the Federal Trade Commission Act (15 U.S.C. 41 et 

4 seq.). 

5 (3) SAVINGS PROVISION.—Nothing in this sub6 section shall be construed to limit the authority of 

7 the Federal Trade Commission under any other pro8 vision of law. 

9 (4) EFFECTIVE DATE.—This subsection shall 

10 take effect 180 days after the date of the enactment 

11 of this Act. 

12 (g) EVENT DATA RECORDERS FOR LIMOUSINES.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of the enactment of this Act, the Secretary 

15 shall prescribe a final motor vehicle safety standard 

16 requiring the use of event data recorders for lim17 ousines. 

18 (2) PRIVACY PROTECTIONS.—Any standard pre19 scribed under paragraph (1) pertaining to event data 

20 recorder information shall be consistent with the col21 lection and sharing requirements under the FAST 

22 Act (Public Law 114–94) and any other applicable 

23 law. 

24 (h) DEFINITIONS.—In this section: 


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1 (1) EVENT DATA RECORDER.—The term ‘‘event 

2 data recorder’’ has the meaning given such term in 

3 section 563.5 of title 49, Code of Federal Regula4 tions (or any successor regulation). 

5 (2) LIMOUSINE.—The term ‘‘limousine’’ has the 

6 meaning given such term in section 30132 of title 

7 49, United States Code, as added by this section. 

8 (3) LIMOUSINE OPERATOR.—The term ‘‘lim9 ousine operator’’ has the meaning given such term 

10 in section 30132 of title 49, United States Code, as 

11 added by this section. 

12 (4) MOTOR VEHICLE SAFETY.—The term 

13 ‘‘motor vehicle safety’’ has the meaning given such 

14 term in section 30102(a) of title 49, United States 

15 Code. 

16 (5) MOTOR VEHICLE SAFETY STANDARD.—The 

17 term ‘‘motor vehicle safety standard’’ has the mean18 ing given such term in section 30102(a) of title 49, 

19 United States Code. 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Transportation. 

22 (7) STATE.—The term ‘‘State’’ has the mean23 ing given such term in section 30102(a) of title 49, 

24 United States Code. 


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1 SEC. 10107. STUDY TO EVALUATE THE PERFORMANCE OF 

2 CRASH AVOIDANCE SYSTEMS. 

3 (a) STUDY.—The Secretary of Transportation shall 

4 conduct a study to evaluate the performance of crash 

5 avoidance systems at detecting and classifying pedes6 trians, bicyclists, and other vulnerable road users, includ7 ing those with different skin tones that are representative 

8 of different racial and ethnic groups. 

9 (b) REPORT.—Not later than 2 years after the date 

10 of enactment of this Act, the Secretary shall transmit a 

11 report of the results of the study required under sub12 section (a) to the Committee on Energy and Commerce 

13 of the House of Representatives and the Committee on 

14 Commerce, Science, and Transportation of the Senate, 

15 and make such report publicly available. 

16 (c) CONTRACTING.—The Secretary may enter into 

17 contracts with nonprofit institutions, colleges, and univer18 sities to conduct research required for the study required 

19 under subsection (a). 

20 (d) DEFINITION OF CRASH AVOIDANCE.—As used in 

21 this section, the term ‘‘crash avoidance systems’’ means 

22 any system in a motor vehicle used to prevent or mitigate 

23 a crash, including a system using cameras, lidar, or radar. 


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1 SEC. 10108. STUDY AND REPORT ON MOTOR VEHICLE 

2 LAMPS. 

3 (a) IN GENERAL.—Not later than 18 months after 

4 the date of the enactment of this Act, an entity described 

5 in subsection (b) that is competent to carry out the re6 quirements of this section, and that is selected by the Sec7 retary (in consultation with the Director of the National 

8 Institute of Standards and Technology and the Director 

9 of the National Institutes of Health), shall complete a 

10 study and submit to the Secretary a report on the effects 

11 of non-uniform luminance from Light Emitting Diode 

12 (LED) and Light Amplification by Stimulated Emission 

13 of Radiation (LASER) motor vehicle lamps on the vision 

14 of elderly drivers and roadway safety. The study and re15 port shall consider, at a minimum, motor vehicle head16 lights, daytime running lights, brake lights, tail lights, 

17 turn signals, and flashing lights on public safety and 

18 maintenance vehicles. 

19 (b) ENTITY DESCRIBED.—An entity described in this 

20 subsection is— 

21 (1) a nonprofit research institution; 

22 (2) an institution of higher education (as de23 fined in section 101(a) of the Higher Education Act 

24 of 1965 (20 U.S.C. 1001(a))); or 


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1 (3) a consortium of institutions described in 

2 paragraph (1) or institutions described in paragraph 

3 (2), or both. 

4 (c) CONTENTS OF REPORT.—The report required by 

5 subsection (a) shall include, at a minimum, the following: 

6 (1) Measurements and evaluation of peak lumi7 nance, spectral power distribution, and flicker from 

8 lamps described in subsection (a). 

9 (2) An evaluation of the effects (including spe10 cifically for elderly drivers), if any, on vision, health, 

11 and safety of individuals exposed to light from lamps 

12 described in subsection (a), including an evaluation 

13 of risks (including specifically for elderly drivers) of 

14 temporary or long-term impairment of vision and 

15 light-induced psychological stress and seizures. 

16 (d) SUBMISSION OF REPORT AND RECOMMENDA17 TIONS.—Not later than 90 days after the completion of 

18 the study and report required by subsection (a), the Sec19 retary shall publish in the Federal Register and submit 

20 to the Committee on Energy and Commerce of the House 

21 of Representatives, the Committee on Transportation and 

22 Infrastructure of the House of Representatives, and the 

23 Committee on Commerce, Science, and Transportation of 

24 the Senate— 

25 (1) such report; and 


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1 (2) if appropriate, recommendations regarding 

2 measures to reduce the risks to roadway safety of 

3 glare from the lamps described in subsection (a). 

4 (e) PUBLIC NOTICE AND COMMENT.—In developing 

5 the scope of the study required by subsection (a), the Sec6 retary shall provide for a period of public notice and com7 ment. 

8 (f) DEFINITIONS.—In this section: 

9 (1) MOTOR VEHICLE.—The term ‘‘motor vehi10 cle’’ has the meaning given such term in section 

11 30102(a) of title 49, United States Code. 

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

13 the Secretary of Transportation. 

14 SEC. 10109. MOTOR VEHICLE SEAT BACK SAFETY STAND15 ARDS. 

16 (a) FINAL RULE.—Not later than 2 years after the 

17 date of enactment of this Act, subject to subsection (b), 

18 the Secretary of Transportation shall issue a final rule up19 dating section 571.207 of title 49, Code of Federal Regu20 lations, to reduce the potential for injury to all motor vehi21 cle occupants due to seat back failure during all types of 

22 vehicle impact. 

23 (b) COMPLIANCE DATE.—In issuing the final rule 

24 pursuant to subsection (a), the Secretary of Transpor25 tation shall establish a date for required compliance with 


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1 the final rule of not later than 2 motor vehicle model years 

2 after the model year during which the effective date of 

3 the final rule occurs. 

4 SEC. 10110. SENSE OF HOUSE OF REPRESENTATIVES ON 

5 REGULATORY FRAMEWORK FOR AUTONO6 MOUS VEHICLES. 

7 It is the sense of the House of Representatives that 

8 Congress, in broad consultation with labor, safety groups, 

9 industry, and other stakeholders, should begin establishing 

10 a Federal regulatory framework for the safe deployment 

11 of autonomous vehicles nationwide that will support exist12 ing jobs and grow the United States workforce of the fu13 ture, including good union jobs, keep the United States 

14 on the forefront of this technology, and keep the United 

15 States competitive around the globe. 

16 SEC. 10111. MOTOR VEHICLE PEDESTRIAN AND CYCLIST 

17 PROTECTION. 

18 (a) RULEMAKING.—Not later than 2 years after the 

19 date of enactment of this Act, the Secretary of Transpor20 tation, acting through the Administrator of the National 

21 Highway Traffic Safety Administration, shall issue a final 

22 rule that— 

23 (1) establishes minimum performance standards 

24 for the hood and bumper areas of passenger cars, 

25 multipurpose passenger vehicles, trucks, and buses 


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1 with a gross vehicle weight rating of 4,536 kilograms 

2 (10,000 pounds) or less to reduce injuries and fatali3 ties suffered by vulnerable road users, including pe4 destrians and cyclists, who are struck by such vehi5 cles; and 

6 (2) considers the protection of vulnerable pedes7 trian and cycling populations, including children and 

8 older adults, and people with disabilities. 

9 (b) COMPLIANCE.—The rule issued pursuant to sub10 section (a) shall require full compliance with minimum 

11 performance standards established by the Secretary not 

12 later than 2 years after the date on which the final rule 

13 is issued. 

14 (c) DEFINITIONS.—In this section: 

15 (1) BUS.—The term ‘‘bus’’ has the meaning 

16 given such term in section 571.3 of title 49, Code 

17 of Federal Regulations (or any successor regulation). 

18 (2) MULTIPURPOSE PASSENGER VEHICLE.— 

19 The term ‘‘multiperson passenger vehicle’’ has the 

20 meaning given such term in section 571.3 of title 49, 

21 Code of Federal Regulations (or any successor regu22 lation). 

23 (3) PASSENGER CAR.—The term ‘‘passenger 

24 car’’ has the meaning given such term in section 


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1 571.3 of title 49, Code of Federal Regulations (or 

2 any successor regulation). 

3 (4) TRUCK.—The term ‘‘truck’’ has the mean4 ing given such term in section 571.3 of title 49, 

5 Code of Federal Regulations (or any successor regu6 lation). 

7 SEC. 10112. CHILD RESTRAINT SYSTEMS. 

8 (a) CHILD RESTRAINT SYSTEM LABELING.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of the enactment of this Act, the Secretary 

11 of Transportation shall revise section 571.213 of 

12 title 49, Code of Federal Regulations— 

13 (A) in S5.5.2(f) by striking ‘‘13.6 kg’’ and 

14 inserting ‘‘18.2 kg’’; and 

15 (B) by adding at the end of S5.5.2 the fol16 lowing: 

17 ‘‘(o) The packaging for each booster seat shall be per18 manently labeled with the information specified in 

19 S5.5.2(g). 

20 ‘‘(p) On each booster seat, and on the packaging of 

21 such booster seat, there shall be placed— 

22 ‘‘(1) a permanent label stating: ‘For use by 

23 children [l] years old or older and who are over 

24 [l] pounds.’, with respect to which— 


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1 ‘‘(A) the first bracket is replaced with the 

2 minimum age recommended for a user, which 

3 may not be an age younger than 4 years old; 

4 and 

5 ‘‘(B) the second bracket is replaced with 

6 the minimum weight recommended for a user, 

7 which may not be under 40 pounds; and 

8 ‘‘(2) a permanent label stating: ‘Strongly rec9 ommended children use this seat only when they 

10 reach either the height or weight limit for a child re11 straint system with internal harness as indicated by 

12 the manufacturer.’. 

13 ‘‘(q) On each child restraint system with internal har14 ness, and on the packaging of such child restraint system 

15 with internal harness, there shall be placed a permanent 

16 label stating: ‘To prevent possible injury or death, it is 

17 important to delay the transition from a child restraint 

18 system with internal harness to a booster seat as long as 

19 possible, until the child reaches the weight or height limit 

20 of the child restraint system with internal harness as indi21 cated by the manufacturer.’. 

22 ‘‘(r) On each combination car seat, there shall be 

23 placed a permanent label stating: ‘Please use this seat 

24 with the internal harness as long as possible, until your 

25 child outgrows the maximum weight of [l] or reaches the 


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1 maximum height of [l]. Once they have exceeded such 

2 weight or height, this seat can be used as a belt posi3 tioning booster seat with the vehicle seat belt.’, with re4 spect to which— 

5 ‘‘(1) the first bracket is replaced with the max6 imum weight recommended for an internal harness 

7 user, which may not be under 40 pounds; and 

8 ‘‘(2) the second bracket is replaced with the 

9 maximum height recommended for an internal har10 ness user.’’. 

11 (2) EFFECTIVE DATE.—The modifications to 

12 section 571.213 of title 49, Code of Federal Regula13 tions, under paragraph (1) shall take effect not later 

14 than 180 days after the date of the enactment of 

15 this Act. 

16 (b) SIDE-IMPACT CRASH TESTING.— 

17 (1) GENERAL STANDARDS.—Not later than 1 

18 year after the date of the enactment of this section, 

19 the Administrator shall issue regulations to establish 

20 standards with respect to side-impact crash testing 

21 for child restraint systems, which— 

22 (A) shall include standards for booster 

23 seats; and 


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1 (B) may include the use of the most appro2 priate test dummy available at the time of such 

3 side-impact crash testing. 

4 (2) NEAR-SIDE AND FAR-SIDE IMPACT TEST5 ING.—In issuing regulations under paragraph (1), 

6 the Administrator shall include procedures for test7 ing— 

8 (A) near-side impacts, in which the child 

9 restraint system being tested is positioned on 

10 the side of the point of impact; and 

11 (B) far-side impacts, in which the child re12 straint system being tested is positioned on the 

13 opposite side of the point of impact. 

14 (3) BOOSTER SEAT TEST DEVICES.— 

15 (A) DESIGN.—Not later than 18 months 

16 after the date of the enactment of this section, 

17 the Administrator shall issue regulations that 

18 provide guidelines for a test dummy that ap19 proximates a 6-year-old child for the purposes 

20 of side-impact crash testing. 

21 (B) USE.—Not later than 18 months after 

22 the date on which the Administrator issues reg23 ulations under subparagraph (A), the Adminis24 trator shall require that side-impact crash test25 ing for booster seats (for both near-side and 


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1 far-side impacts) includes the use of a test 

2 dummy that meets the guidelines provided 

3 under subparagraph (A). 

4 (c) TETHER SYSTEMS STUDY.—Not later than 1 year 

5 after the date of the enactment of this section, the Admin6 istrator shall provide to Congress a study of the 

7 functionality of tether systems and the variability that ex8 ists in tether use recommendations by car seat and vehicle 

9 manufacturers, with recommendations on how such tether 

10 systems may be used or modified to increase the usage 

11 of child restraint systems with internal harness to maxi12 mize child safety. 

13 (d) DEFINITIONS.—In this section: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the National 

16 Highway Traffic Safety Administration. 

17 (2) BOOSTER SEAT.—The term ‘‘booster seat’’ 

18 has the meaning given such term in section 571.213 

19 of title 49, Code of Federal Regulations (as in effect 

20 on the date of the enactment of this section). 

21 (3) CHILD RESTRAINT SYSTEM.—The term 

22 ‘‘child restraint system’’ has the meaning given such 

23 term in section 571.213 of title 49, Code of Federal 

24 Regulations (as in effect on the date of the enact25 ment of this section). 


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1 (4) CHILD RESTRAINT SYSTEM WITH INTERNAL

2 HARNESS.—The term ‘‘child restraint system with 

3 internal harness’’ means a child restraint system de4 signed to be used rear-facing or forward-facing em5 ploying a 5-point harness to position the child in the 

6 seat. 

7 (5) COMBINATION CAR SEAT.—The term ‘‘com8 bination car seat’’— 

9 (A) means any child restraint system de10 signed to be used in a forward-facing position 

11 with a 5-point internal harness, where the har12 ness may be removed and the seat utilized as 

13 a belt-positioning booster seat; and 

14 (B) includes a child restraint system that 

15 may be— 

16 (i) converted between rear-facing with 

17 an internal harness and forward-facing 

18 with an internal harness; and 

19 (ii) commonly referred to as ‘‘3-in-1’’ 

20 or ‘‘all-in-1’’ seats. 

21 (6) TEST DUMMY.—The term ‘‘test dummy’’ 

22 means an anthropomorphic test dummy as such 

23 term is used in section 571.213 of title 49, Code of 

24 Federal Regulations (as in effect on the date of the 

25 enactment of this section). 


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1 (7) TETHER SYSTEM.—The term ‘‘tether sys2 tem’’ means a system utilizing a tether anchorage, 

3 tether strap, and tether hook (as such terms are de4 fined in section 571.225 of tile 49, Code of Federal 

5 Regulations). 

6 DIVISION G—HIGHWAY TRUST 

7 FUND 

8 SEC. 11001. EXTENSION OF HIGHWAY TRUST FUND EXPEND9 ITURE AUTHORITY. 

10 (a) HIGHWAY TRUST FUND.—Section 9503 of the 

11 Internal Revenue Code of 1986 is amended— 

12 (1) by striking ‘‘October 1, 2021’’ in sub13 sections (b)(6)(B), (c)(1), and (e)(3) and inserting 

14 ‘‘October 1, 2026’’, and 

15 (2) by striking ‘‘Continuing Appropriations Act, 

16 2021 and Other Extensions Act’’ in subsections 

17 (c)(1) and (e)(3) and inserting ‘‘INVEST in Amer18 ica Act’’. 

19 (b) SPORT FISH RESTORATION AND BOATING TRUST

20 FUND.—Section 9504 of such Code is amended— 

21 (1) by striking ‘‘Continuing Appropriations Act, 

22 2021 and Other Extensions Act’’ each place it ap23 pears in subsection (b)(2) and inserting ‘‘INVEST 

24 in America Act’’, and 


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1 (2) by striking ‘‘October 1, 2021’’ in subsection 

2 (d)(2) and inserting ‘‘October 1, 2026’’. 

3 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

4 FUND.—Section 9508(e)(2) of such Code is amended by 

5 striking ‘‘October 1, 2021’’ and inserting ‘‘October 1, 

6 2026’’. 

7 SEC. 11002. ADDITIONAL TRANSFERS TO HIGHWAY TRUST 

8 FUND. 

9 Section 9503(f) of the Internal Revenue Code of 

10 1986 is amended by redesignating paragraph (11) as 

11 paragraph (12) and by inserting after paragraph (10) the 

12 following new paragraph: 

13 ‘‘(11) ADDITIONAL TRANSFERS TO TRUST

14 FUND.—Out of money in the Treasury not otherwise 

15 appropriated, there is hereby appropriated— 

16 ‘‘(A) $109,000,000,000 to the Highway 

17 Account (as defined in subsection (e)(5)(B)) in 

18 the Highway Trust Fund, and 

19 ‘‘(B) $39,000,000,000 to the Mass Transit 

20 Account in the Highway Trust Fund.’’. 


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1 DIVISION H—WATER QUALITY 

2 PROTECTION AND JOB CRE3 ATION ACT OF 2021 

4 SEC. 12001. SHORT TITLE; TABLE OF CONTENTS. 

5 (a) SHORT TITLE.—This division may be cited as the 

6 ‘‘Water Quality Protection and Job Creation Act of 

7 2021’’. 

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

9 this division is as follows: 

Sec. 12001. Short title; table of contents. 

Sec. 12002. Wastewater infrastructure workforce investment. 

Sec. 12003. Technical assistance to rural, small, and Tribal municipalities. 

Sec. 12004. State management assistance. 

Sec. 12005. Watershed, wet weather, and resiliency projects. 

Sec. 12006. Waiver of matching requirement for grants to District of Columbia. 

Sec. 12007. Pilot program for alternative water source projects. 

Sec. 12008. Sewer overflow and stormwater reuse municipal grants. 

Sec. 12009. Grants for the treatment of emerging contaminants. 

Sec. 12010. Household wastewater grant program. 

Sec. 12011. Smart wastewater infrastructure technology grant program. 

Sec. 12012. Reports to Congress. 

Sec. 12013. Indian Tribes. 

Sec. 12014. Capitalization grants. 

Sec. 12015. Water pollution control revolving loan funds. 

Sec. 12016. Allotment of funds. 

Sec. 12017. Reservation of funds for territories of the United States. 

Sec. 12018. Authorization of appropriations. 

Sec. 12019. Technical assistance by Municipal Ombudsman. 

Sec. 12020. Report on wastewater infrastructure funding for rural, economically disadvantaged, and Tribal communities. 

Sec. 12021. Water Reuse Interagency Working Group. 

Sec. 12022. Disclosure of introductions of PFAS. 

Sec. 12023. Clean Water Act effluent limitations guidelines and standards and 

water quality criteria for PFAS. 

Sec. 12024. Nonpoint source management programs. 

Sec. 12025. Wastewater assistance to colonias. 

Sec. 12026. Household well water testing website. 

Sec. 12027. Study and report on effect of toilet wipes marketed as flushable. 

Sec. 12028. Effluent limitations for wastewater, spills, and runoff from facilities associated with the transport and packaging of pre-production plastic materials. 

Sec. 12029. Centers of Excellence for stormwater control infrastructure technologies. 


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Sec. 12030. Management of International Transboundary Water Pollution. 

Sec. 12031. California new river restoration. 

Sec. 12032. Rulemaking on climate resiliency. 

1 SEC. 12002. WASTEWATER INFRASTRUCTURE WORKFORCE 

2 INVESTMENT. 

3 Section 104(g) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1254(g)) is amended— 

5 (1) in paragraph (1), by striking ‘‘manpower’’ 

6 each place it appears and inserting ‘‘workforce’’; and 

7 (2) by amending paragraph (4) to read as fol8 lows: 

9 ‘‘(4) REPORT TO CONGRESS ON PUBLICLY

10 OWNED TREATMENT WORKS WORKFORCE DEVELOP11 MENT.—Not later than 2 years after the date of en12 actment of the Water Quality Protection and Job 

13 Creation Act of 2021, the Administrator, in con14 sultation with the Secretary of Labor, shall submit 

15 to the Committee on Transportation and Infrastruc16 ture of the House of Representatives and the Com17 mittee on Environment and Public Works of the 

18 Senate a report containing— 

19 ‘‘(A) an assessment of the current and fu20 ture workforce needs for publicly owned treat21 ment works, including an estimate of the num22 ber of future positions needed for such treat23 ment works and the technical skills and edu24 cation needed for such positions; 


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1 ‘‘(B) a summary of actions taken by the 

2 Administrator, including Federal investments 

3 under this chapter, that promote workforce de4 velopment to address such needs; and 

5 ‘‘(C) any recommendations of the Adminis6 trator to address such needs.’’. 

7 SEC. 12003. TECHNICAL ASSISTANCE TO RURAL, SMALL, 

8 AND TRIBAL MUNICIPALITIES. 

9 (a) REAUTHORIZATION.—Section 104(u) of the Fed10 eral Water Pollution Control Act (33 U.S.C. 1254(u)) is 

11 amended— 

12 (1) by striking ‘‘and (7)’’ and inserting ‘‘(7)’’; 

13 (2) by striking ‘‘2023’’ and inserting ‘‘2021’’; 

14 and 

15 (3) by inserting ‘‘; and (8) not to exceed 

16 $100,000,000 for each of fiscal years 2022 through 

17 2026 for carrying out subsections (b)(3), (b)(8), and 

18 (g), except that not less than half of the amounts so 

19 appropriated to carry out such subsections in each 

20 such fiscal year shall be used for carrying out sub21 section (b)(8)’’ before the period at the end. 

22 (b) COMMUNICATION.—A nonprofit organization re23 ceiving a grant under section 104(b)(8) of the Federal 

24 Water Pollution Control Act (33 U.S.C. 1254(b)(8)) shall, 

25 prior to carrying out an activity using such grant funds, 


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1 consult with the State in which such activity is to be car2 ried out. 

3 (c) REPORT.—Not later than 2 years after the date 

4 of enactment of this Act, the Administrator of the Envi5 ronmental Protection Agency shall submit to Congress a 

6 report that describes the implementation of the grants 

7 made under subsections (b)(3), (b)(8), and (g) of section 

8 104 of the Federal Water Pollution Control Act (33 

9 U.S.C. 1254) during the 2 fiscal years preceding the date 

10 of the report, including a description of the recipients and 

11 amounts of such grants. 

12 SEC. 12004. STATE MANAGEMENT ASSISTANCE. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 106(a) of the Federal Water Pollution Control Act (33 

15 U.S.C. 1256(a)) is amended— 

16 (1) by striking ‘‘and’’ at the end of paragraph 

17 (1); and 

18 (2) by inserting after paragraph (2) the fol19 lowing: 

20 ‘‘(3) such sums as may be necessary for each 

21 of fiscal years 1991 through 2021; and 

22 ‘‘(4) $500,000,000 for each of fiscal years 2022 

23 through 2026;’’. 

24 (b) TECHNICAL AMENDMENT.—Section 106(e) of the 

25 Federal Water Pollution Control Act (33 U.S.C. 1256(e)) 


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1 is amended by striking ‘‘Beginning in fiscal year 1974 

2 the’’ and inserting ‘‘The’’. 

3 SEC. 12005. WATERSHED, WET WEATHER, AND RESILIENCY 

4 PROJECTS. 

5 (a) INCREASED RESILIENCE OF TREATMENT

6 WORKS.—Section 122(a)(6) of the Federal Water Pollu7 tion Control Act (33 U.S.C. 1274(a)(6)) is amended to 

8 read as follows: 

9 ‘‘(6) INCREASED RESILIENCE OF TREATMENT

10 WORKS.—Efforts— 

11 ‘‘(A) to assess future risks and 

12 vulnerabilities of publicly owned treatment 

13 works to manmade or natural disasters, includ14 ing extreme weather events, drought, and sea 

15 level rise; and 

16 ‘‘(B) to carry out the planning, design, or 

17 construction of projects, on a systemwide or 

18 areawide basis, to increase the resilience of pub19 licly owned treatment works through— 

20 ‘‘(i) the conservation of water or the 

21 enhancement of water use efficiency; 

22 ‘‘(ii) the enhancement of wastewater 

23 (including stormwater) management by in24 creasing watershed preservation and pro25 tection, including through— 


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1 ‘‘(I) the use of green infrastruc2 ture; or 

3 ‘‘(II) the reclamation and reuse 

4 of wastewater (including stormwater), 

5 such as through aquifer recharge 

6 zones; 

7 ‘‘(iii) the modification or relocation of 

8 an existing publicly owned treatment works 

9 at risk of being significantly impaired or 

10 damaged by a manmade or natural dis11 aster; 

12 ‘‘(iv) the enhancement of energy effi13 ciency, or the use or generation of recov14 ered or renewable energy, in the manage15 ment, treatment, or conveyance of waste16 water (including stormwater); or 

17 ‘‘(v) other activities that the Adminis18 trator determines will address identified 

19 vulnerabilities to manmade or natural dis20 asters, including activities to address cy21 bersecurity vulnerabilities of publicly 

22 owned treatment works.’’. 

23 (b) REQUIREMENTS; AUTHORIZATION OF APPRO24 PRIATIONS.—Section 122 of the Federal Water Pollution 


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1 Control Act (33 U.S.C. 1274) is amended by striking sub2 section (c) and inserting the following: 

3 ‘‘(c) REQUIREMENTS.—The requirements of section 

4 608 shall apply to any construction, alteration, mainte5 nance, or repair of treatment works carried out using a 

6 grant under this section. 

7 ‘‘(d) ASSISTANCE.—The Administrator shall use not 

8 less than 15 percent of the amounts appropriated pursu9 ant to this section in a fiscal year to provide assistance 

10 to municipalities with a population of less than 10,000, 

11 or for economically disadvantaged communities (as defined 

12 in section 12020 of the Water Quality Protection and Job 

13 Creation Act of 2021), to the extent there are sufficient 

14 eligible applications. 

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to carry out this section 

17 $200,000,000 for each of fiscal years 2022 through 

18 2026.’’. 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) WATERSHED PILOT PROJECTS.—Section 

21 122 of the Federal Water Pollution Control Act (33 

22 U.S.C. 1274) is amended— 

23 (A) in the section heading, by striking 

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1 ing ‘‘WATERSHED, WET WEATHER, AND RE2 SILIENCY PROJECTS’’; and 

3 (B) by striking ‘‘pilot’’ each place it ap4 pears. 

5 (2) WATER POLLUTION CONTROL REVOLVING

6 LOAN FUNDS.—Section 603(c)(7) of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1383(c)(7)) 

8 is amended by striking ‘‘watershed’’. 

9 SEC. 12006. WAIVER OF MATCHING REQUIREMENT FOR 

10 GRANTS TO DISTRICT OF COLUMBIA. 

11 Section 202(a) of the Federal Water Pollution Con12 trol Act (33 U.S.C. 1282(a)) is amended by adding at the 

13 end the following: 

14 ‘‘(5) Notwithstanding any other provision of this sub15 section, in the case of a project for a treatment works in 

16 the District of Columbia, such a project shall be eligible 

17 for grants at 100 percent of the cost of construction there18 of.’’. 

19 SEC. 12007. PILOT PROGRAM FOR ALTERNATIVE WATER 

20 SOURCE PROJECTS. 

21 (a) SELECTION OF PROJECTS.—Section 220(d) of 

22 the Federal Water Pollution Control Act (33 U.S.C. 

23 1300(d)) is amended— 

24 (1) by amending paragraph (1) to read as fol25 lows: 


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1 ‘‘(1) LIMITATION ON ELIGIBILITY.—A project 

2 that has received construction funds under the Rec3 lamation Projects Authorization and Adjustment Act 

4 of 1992 shall not be eligible for grant assistance 

5 under this section.’’; and 

6 (2) by striking paragraph (2) and redesignating 

7 paragraph (3) as paragraph (2). 

8 (b) COMMITTEE RESOLUTION PROCEDURE; ASSIST9 ANCE.—Section 220 of the Federal Water Pollution Con10 trol Act (33 U.S.C. 1300) is amended by striking sub11 section (e) and inserting the following: 

12 ‘‘(e) ASSISTANCE.—The Administrator shall use not 

13 less than 15 percent of the amounts appropriated pursu14 ant to this section in a fiscal year to provide assistance 

15 to eligible entities for projects designed to serve fewer than 

16 10,000 individuals, to the extent there are sufficient eligi17 ble applications.’’. 

18 (c) REQUIREMENTS.—Section 220 of the Federal 

19 Water Pollution Control Act (33 U.S.C. 1300) is amended 

20 by redesignating subsections (i) and (j) as subsections (j) 

21 and (k), respectively, and inserting after subsection (h) the 

22 following: 

23 ‘‘(i) REQUIREMENTS.—The requirements of section 

24 608 shall apply to any construction of an alternative water 


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1 source project carried out using assistance made available 

2 under this section.’’. 

3 (d) DEFINITIONS.—Section 220(j)(1) of the Federal 

4 Water Pollution Control Act (as redesignated by sub5 section (c) of this section) is amended by striking ‘‘or by 

6 treating wastewater’’ and inserting ‘‘(including 

7 stormwater), or by treating wastewater (including 

8 stormwater) for groundwater recharge, potable reuse, or 

9 other purposes’’. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 220(k) of the Federal Water Pollution Control Act (as re12 designated by subsection (c) of this section) is amended 

13 by striking ‘‘a total of $75,000,000 for fiscal years 2002 

14 through 2004’’ and inserting ‘‘$200,000,000 for each of 

15 fiscal years 2022 through 2026’’. 

16 SEC. 12008. SEWER OVERFLOW AND STORMWATER REUSE 

17 MUNICIPAL GRANTS. 

18 Section 221 of the Federal Water Pollution Control 

19 Act (33 U.S.C. 1301) is amended— 

20 (1) in subsection (c), by striking ‘‘subsection 

21 (b),’’ each place it appears and inserting ‘‘this sec22 tion,’’; 

23 (2) in subsection (d)— 

24 (A) by striking ‘‘The Federal share’’ and 

25 inserting the following: 


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1 ‘‘(1) FEDERAL SHARE.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the Federal share’’; and 

4 (B) by striking ‘‘The non-Federal share’’ 

5 and inserting the following: 

6 ‘‘(B) FINANCIALLY DISTRESSED COMMU7 NITIES.—The Federal share of the cost of ac8 tivities carried out using amounts from a grant 

9 made to a financially distressed community 

10 under subsection (a) shall be not less than 75 

11 percent of the cost. 

12 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal 

13 share’’; 

14 (3) in subsection (e), by striking ‘‘section 513’’ 

15 and inserting ‘‘section 513, or the requirements of 

16 section 608,’’; and 

17 (4) in subsection (f)— 

18 (A) in paragraph (1), by inserting ‘‘, and 

19 $400,000,000 for each of fiscal years 2022 

20 through 2026’’ before the period at the end; 

21 and 

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

23 ‘‘(3) ASSISTANCE.—In carrying out subsection 

24 (a), the Administrator shall ensure that, of the 

25 amounts granted to municipalities in a State, not 


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1 less than 20 percent is granted to municipalities 

2 with a population of less than 20,000, to the extent 

3 there are sufficient eligible applications.’’. 

4 SEC. 12009. GRANTS FOR THE TREATMENT OF EMERGING 

5 CONTAMINANTS. 

6 Title II of the Federal Water Pollution Control Act 

7 (33 U.S.C. 1281 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 222. EMERGING CONTAMINANTS. 

10 ‘‘(a) IN GENERAL.—The Administrator shall award 

11 grants to owners of publicly owned treatment works to be 

12 used for the implementation of a pretreatment standard 

13 or effluent limitation developed pursuant to this Act for 

14 the introduction into a treatment works, or the discharge 

15 of, any pollutant that is a perfluoroalkyl or polyfluoroalkyl 

16 substance or any pollutant identified by the Administrator 

17 as a contaminant of emerging concern. 

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

19 is authorized to be appropriated to carry out this section 

20 $200,000,000 for each of fiscal years 2022 through 

21 2026.’’. 

22 SEC. 12010. HOUSEHOLD WASTEWATER GRANT PROGRAM. 

23 Title II of the Federal Water Pollution Control Act 

24 (33 U.S.C. 1281 et seq.) is further amended by adding 

25 at the end the following: 


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1 ‘‘SEC. 223. HOUSEHOLD WASTEWATER GRANT PROGRAM. 

2 ‘‘(a) ESTABLISHMENT.—The Administrator shall es3 tablish a program to provide grants to municipalities or 

4 qualified nonprofit entities to provide assistance to eligible 

5 individuals— 

6 ‘‘(1) for the construction, repair, or replacement 

7 of an individual household decentralized wastewater 

8 treatment system; 

9 ‘‘(2) for the construction of a decentralized 

10 wastewater treatment system designed to provide 

11 wastewater treatment for 2 or more households in 

12 which eligible individuals reside, if— 

13 ‘‘(A) such a decentralized wastewater 

14 treatment system could be cost-effectively con15 structed; and 

16 ‘‘(B) site conditions at such households are 

17 unsuitable for the construction of an individual 

18 household decentralized wastewater treatment 

19 system; or 

20 ‘‘(3) in a case in which an eligible individual re21 sides in a household that could be cost-effectively 

22 connected to an available publicly owned treatment 

23 works, for the connection of the applicable household 

24 to such treatment works. 

25 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

26 under this subsection, a municipality or qualified nonprofit 


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1 entity shall submit to the Administrator an application at 

2 such time, in such manner, and containing such informa3 tion as the Administrator determines to be appropriate. 

4 ‘‘(c) PRIORITY.—In providing grants under this sec5 tion, the Administrator shall, to the maximum extent prac6 ticable, prioritize applications for activities that will assist 

7 eligible individuals residing in households that are not con8 nected to a system or technology designed to treat domes9 tic sewage, including eligible individuals using household 

10 cesspools. 

11 ‘‘(d) ADMINISTRATIVE EXPENSES.— 

12 ‘‘(1) IN GENERAL.—Of the amounts made 

13 available under subsection (i), the Administrator 

14 may use not more than 2 percent for administrative 

15 costs. 

16 ‘‘(2) INDIVIDUAL GRANTS.—A municipality or 

17 qualified nonprofit entity may use grant funds pro18 vided under this section to pay the administrative 

19 expenses associated with the provision of the assist20 ance to eligible individuals under this section, as the 

21 Administrator determines to be appropriate. 

22 ‘‘(e) REPORT.—Not later than 2 years after the date 

23 of enactment of this section, the Administrator shall sub24 mit to the Committee on Environment and Public Works 

25 of the Senate and the Committee on Transportation and 


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1 Infrastructure of the House of Representatives a report 

2 describing the recipients of grants and assistance under 

3 this section and the results of the program established 

4 under this section. 

5 ‘‘(f) RULEMAKING.—Not later than 180 days after 

6 the date of enactment of this section, the Administrator 

7 shall issue a rule requiring that, with respect to any decen8 tralized wastewater treatment system constructed pursu9 ant to this section or section 603(c)— 

10 ‘‘(1) such system complies with any applicable 

11 State and local requirements; 

12 ‘‘(2) such system complies with any applicable 

13 American National Standard approved by the Amer14 ican National Standards Institute; and 

15 ‘‘(3) the design and construction of such system 

16 is carried out by persons or entities licensed and 

17 bonded, by the State in which such system is con18 structed, to carry out such design and construction. 

19 ‘‘(g) APPLICATION OF OTHER REQUIREMENTS.—The 

20 requirements of sections 513 and 608 shall apply to any 

21 project for the construction, repair, or replacement of a 

22 decentralized wastewater treatment system, or for the con23 nection of a household to a treatment works, for which 

24 assistance is received under this section. 

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


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1 ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

2 individual’ has the meaning given that term in sec3 tion 603(j). 

4 ‘‘(2) QUALIFIED NONPROFIT ENTITY.—The 

5 term ‘qualified nonprofit entity’ means an entity de6 termined by the Administrator to be a qualified non7 profit entity for purposes of section 603(c)(12). 

8 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Administrator to 

10 carry out this section $100,000,000 for each of fiscal 

11 years 2022 through 2026.’’. 

12 SEC. 12011. SMART WASTEWATER INFRASTRUCTURE TECH13 NOLOGY GRANT PROGRAM. 

14 Title II of the Federal Water Pollution Control Act 

15 (33 U.S.C. 1281 et seq.) is further amended by adding 

16 at the end the following: 

17 ‘‘SEC. 224. SMART WASTEWATER INFRASTRUCTURE TECH18 NOLOGY GRANT PROGRAM. 

19 ‘‘(a) GRANTS.—The Administrator shall establish a 

20 program to provide grants to municipalities for projects 

21 for the planning, design, and construction, at publicly 

22 owned treatment works, of— 

23 ‘‘(1) intelligent sewage or stormwater collection 

24 systems, including such collection systems that in25 corporate technologies that rely on— 


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1 ‘‘(A) real-time monitoring (including 

2 through sensors), embedded intelligence, and 

3 predictive maintenance capabilities that improve 

4 the energy efficiency, reliability, and resiliency 

5 of treatment works; and 

6 ‘‘(B) the use of artificial intelligence and 

7 other intelligent optimization tools that reduce 

8 operational costs, including operational costs re9 lating to energy consumption and chemical 

10 treatment; or 

11 ‘‘(2) innovative and alternative combined storm 

12 and sanitary sewer projects, including groundwater 

13 recharge, that rely on real-time data acquisition to 

14 support predictive aquifer recharge through water 

15 reuse and stormwater management capabilities. 

16 ‘‘(b) ASSISTANCE.—The Administrator shall use not 

17 less than 20 percent of the amounts appropriated pursu18 ant to this section in a fiscal year to provide assistance 

19 to municipalities with a population of less than 10,000, 

20 to the extent there are sufficient eligible applications. 

21 ‘‘(c) COST SHARE.— 

22 ‘‘(1) IN GENERAL.—The non-Federal share of 

23 the costs of an activity carried out using a grant 

24 under this section shall be 25 percent. 


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1 ‘‘(2) EXCEPTION.—The Administrator may 

2 waive the cost-sharing requirement of paragraph (1) 

3 if the Administrator determines that the munici4 pality meets the affordability criteria established 

5 under section 603(i)(2) by the State in which the 

6 municipality is located. 

7 ‘‘(d) PROGRAM IMPLEMENTATION.— 

8 ‘‘(1) GUIDANCE.—Not later than 30 days after 

9 the date of enactment of this section, the Adminis10 trator shall issue guidance to municipalities on how 

11 to apply for a grant under this section. 

12 ‘‘(2) DECISION ON APPLICATIONS.—Not later 

13 than 30 days after the date on which the Adminis14 trator receives an application for a grant under this 

15 section, the Administrator shall determine whether 

16 to provide such grant. 

17 ‘‘(3) APPLICATION DEFICIENCY.—If the Admin18 istrator determines that an application for a grant 

19 under this section is incomplete, the Administrator 

20 shall notify the applicant and provide the applicant 

21 the opportunity to resubmit the application. 

22 ‘‘(4) CONSIDERATION.—In determining whether 

23 to provide a grant under this section, the Adminis24 trator shall consider the potential positive effects of 

25 the project on water quality. 


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1 ‘‘(e) COMPLIANCE WITH BUY AMERICA.—The re2 quirements of section 608 shall apply to any project for 

3 construction for which assistance is received under this 

4 section. 

5 ‘‘(f) REPORT TO CONGRESS.—Not later than 180 

6 days after the date of enactment of this section, and annu7 ally thereafter, the Administrator shall submit to Congress 

8 a report describing projects funded under this section, any 

9 related improvement of the resiliency of publicly owned 

10 treatment works, and recommendations to improve the 

11 grant program established under this section. 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated $500,000,000 to carry 

14 out this section, to remain available until expended.’’. 

15 SEC. 12012. REPORTS TO CONGRESS. 

16 (a) BIENNIAL ESTIMATES.—Section 516(b)(1) of the 

17 Federal Water Pollution Control Act (33 U.S.C. 

18 1375(b)(1)) is amended by striking ‘‘(B) a detailed esti19 mate, biennially revised, of the cost of construction of all 

20 needed publicly owned treatment works in all of the States 

21 and of the cost of construction of all needed publicly 

22 owned treatment works in each of the States;’’ and insert23 ing ‘‘(B) a detailed estimate, biennially revised, of the cost 

24 of construction of all planned publicly owned treatment 

25 works in all of the States and all needed publicly owned 


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1 treatment works in all of the States, and the cost of con2 struction of all planned publicly owned treatment works 

3 in each of the States and all needed publicly owned treat4 ment works in each of the States, which estimates shall 

5 include (i) the cost of construction to rehabilitate or up6 grade all existing publicly owned treatment works (exclud7 ing any pipe or other device or system for the conveyance 

8 of wastewater), every 20 years, including the costs to im9 plement measures necessary to address the resilience and 

10 sustainability of publicly owned treatment works to man11 made or natural disasters, and (ii) the cost of construction 

12 to replace 10 percent of existing publicly owned pipes and 

13 other devices and systems for the conveyance of waste14 water to such treatment works over the 20-year period fol15 lowing the date of the estimate;’’. 

16 (b) ANNUAL REPORT ON USE OF FUNDS.—Section 

17 516 of the Federal Water Pollution Control Act (33 

18 U.S.C. 1375) is amended by adding at the end the fol19 lowing: 

20 ‘‘(f) ANNUAL REPORT ON USE OF FUNDS.—Not 

21 later than 18 months after the date of enactment of this 

22 subsection, and annually thereafter, the Administrator 

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1 mittee on Environment and Public Works of the Senate 

2 a report that— 

3 ‘‘(1) identifies projects that are— 

4 ‘‘(A) described in clause (i) or (ii) of sec5 tion 602(b)(15)(A); and 

6 ‘‘(B) carried out using funds made avail7 able under or pursuant to section 221 or title 

8 VI; 

9 ‘‘(2) identifies, to the extent practicable, the 

10 costs and benefits of such projects, including any po11 tential short- and long-term cost savings to publicly 

12 owned treatment works and any environmental and 

13 community benefits of implementing such projects; 

14 and 

15 ‘‘(3) identifies— 

16 ‘‘(A) the locations in which such projects 

17 are carried out; 

18 ‘‘(B) estimated energy savings for such 

19 projects; 

20 ‘‘(C) projects that address green infra21 structure, water or energy efficiency improve22 ments, or other environmentally innovative ac23 tivities; and 

24 ‘‘(D) with respect to projects carried out 

25 using funds made available under or pursuant 


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1 to section 603, whether such projects are fund2 ed under subsection (d) or subsection (i) of 

3 such section.’’. 

4 SEC. 12013. INDIAN TRIBES. 

5 (a) IN GENERAL.—Section 518(c) of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1377(c)) is 

7 amended— 

8 (1) by striking paragraphs (1) and (2) and in9 serting the following: 

10 ‘‘(1) IN GENERAL.—For each fiscal year, the 

11 Administrator shall reserve, of the funds made avail12 able to carry out title VI (before allotments to the 

13 States under section 604(a)), the greater of— 

14 ‘‘(A) 2 percent of such funds; or 

15 ‘‘(B) $30,000,000. 

16 ‘‘(2) USE OF FUNDS.— 

17 ‘‘(A) GRANTS.—Funds reserved under this 

18 subsection shall be available only for grants to 

19 entities described in paragraph (3) for— 

20 ‘‘(i) projects and activities eligible for 

21 assistance under section 603(c); and 

22 ‘‘(ii) training, technical assistance, 

23 and educational programs relating to the 

24 operation and management of treatment 


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1 works eligible for assistance pursuant to 

2 section 603(c). 

3 ‘‘(B) LIMITATION.—Not more than 

4 $2,000,000 of such reserved funds may be used 

5 for grants under subparagraph (A)(ii).’’; and 

6 (2) in paragraph (3)— 

7 (A) in the header, by striking ‘‘USE OF

8 FUNDS’’ and inserting ‘‘ELIGIBLE ENTITIES’’; 

9 and 

10 (B) by striking ‘‘for projects and activities 

11 eligible for assistance under section 603(c) to 

12 serve’’ and inserting ‘‘to’’. 

13 (b) ADDITIONAL ASSISTANCE.— 

14 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

15 addition to amounts otherwise made available under 

16 title VI of the Federal Water Pollution Control Act 

17 (33 U.S.C. 1381 et seq.), there is authorized to be 

18 appropriated $500,000,000 for each of fiscal years 

19 2022 through 2026 to make grants, in cooperation 

20 with the Director of the Indian Health Service, to 

21 entities described in section 518(c)(3) of the Federal 

22 Water Pollution Control Act (33 U.S.C. 1377) for— 

23 (A) projects and activities eligible for as24 sistance under section 603(c) of such Act (33 

25 U.S.C. 1383); and 


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1 (B) training, technical assistance, and edu2 cational programs related to the operation and 

3 management of treatment works eligible for as4 sistance pursuant to such section 603(c). 

5 (2) NO MATCHING REQUIREMENT.—The Ad6 ministrator may not require an entity receiving a 

7 grant under paragraph (1) to provide, as a condition 

8 of receiving such grant, a share of the cost of the 

9 project or activity for which such grant was made. 

10 (3) LIMITATION.—Not more than $2,000,000 

11 of amounts made available in a fiscal year to carry 

12 out this subsection may be used for grants under 

13 paragraph (1)(B). 

14 (4) APPLICATION OF OTHER REQUIREMENTS.— 

15 The requirements of sections 513 and 608 of the 

16 Federal Water Pollution Control Act (33 U.S.C. 

17 1372, 1388) shall apply to any project for the con18 struction, alteration, maintenance, or repair of treat19 ment works for which a grant is received under 

20 paragraph (1). 

21 (c) INDIAN HEALTH SERVICE SANITATION FACILI22 TIES CONSTRUCTION PROGRAM FUNDING.— 

23 (1) FINDINGS.—Congress finds that— 


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1 (A) the COVID–19 crisis has highlighted 

2 the lack of infrastructure and sanitation avail3 able in Native communities; and 

4 (B) addressing the Sanitation Facilities 

5 Deficiency List of the Division of Sanitation 

6 Facilities and Construction of the Indian 

7 Health Service included in the report will— 

8 (i) result in investments in necessary 

9 water infrastructure; and 

10 (ii) improve health outcomes. 

11 (2) DEFINITIONS.—In this subsection: 

12 (A) REPORT.—The term ‘‘report’’ means 

13 the fiscal year 2019 report of the Division of 

14 Sanitation Facilities and Construction of the 

15 Indian Health Service entitled ‘‘Annual Report 

16 to the Congress of the United States on Sanita17 tion Deficiency Levels for Indian Homes and 

18 Communities’’. 

19 (B) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of Health and Human 

21 Services, acting through the Director of the In22 dian Health Service. 

23 (3) ADDITIONAL FUNDING FOR SANITATION FA24 CILITIES.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 award additional funding under the Sanitation 

3 Facilities Construction Program for the plan4 ning, design, construction, modernization, im5 provement, and renovation of water, sewer, and 

6 solid waste sanitation facilities that are funded, 

7 in whole or part, by the Indian Health Service 

8 through, or provided for in, a contract or com9 pact with the Indian Health Service under the 

10 Indian Self-Determination and Education As11 sistance Act (25 U.S.C. 5301 et seq.). 

12 (B) PRIORITY FOR FUNDING.—In award13 ing funding to sanitation facilities under sub14 paragraph (A), the Secretary shall prioritize 

15 sanitation facilities with the highest deficiency 

16 level, as established in the report. 

17 (4) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) IN GENERAL.—There is authorized to 

19 be appropriated to the Secretary to carry out 

20 this subsection $2,600,000,000. 

21 (B) REQUIREMENT.—Amounts made avail22 able under subparagraph (A) shall be in addi23 tion to any amounts made available to carry out 

24 the purposes described in paragraph (3)(A) 

25 under any other provision of law. 


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1 SEC. 12014. CAPITALIZATION GRANTS. 

2 (a) SPECIFIC REQUIREMENTS.—Section 602(b) of 

3 the Federal Water Pollution Control Act (33 U.S.C. 

4 1382(b)) is amended— 

5 (1) in paragraph (13)(B)— 

6 (A) in the matter preceding clause (i), by 

7 striking ‘‘and energy conservation’’ and insert8 ing ‘‘and efficient energy use (including through 

9 the implementation of technologies to recover 

10 and reuse energy produced in the treatment of 

11 wastewater)’’; and 

12 (B) in clause (iii), by striking ‘‘; and’’ and 

13 inserting a semicolon; 

14 (2) in paragraph (14), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

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

17 ‘‘(15) to the extent there are sufficient projects 

18 or activities eligible for assistance from the fund, 

19 with respect to funds for capitalization grants re20 ceived by the State under this title and section 

21 205(m)— 

22 ‘‘(A) the State will use— 

23 ‘‘(i) not less than 15 percent of such 

24 funds for green infrastructure, water or 

25 energy efficiency improvements, or other 

26 environmentally innovative activities; and 


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1 ‘‘(ii) not less than 5 percent of such 

2 funds for projects to increase the resiliency 

3 of treatment works to extreme weather 

4 events, drought, sea level rise, or other im5 pacts of climate change; and 

6 ‘‘(B) the State will use not less than a 

7 total of 20 percent of such funds for projects 

8 described in subparagraph (A).’’. 

9 (b) CORROSION CONTROL.—Section 602 of the Fed10 eral Water Pollution Control Act (33 U.S.C. 1382) is 

11 amended by adding at the end the following: 

12 ‘‘(c) CORROSION CONTROL.— 

13 ‘‘(1) IN GENERAL.—To the greatest extent 

14 practicable, the Administrator shall encourage the 

15 incorporation of corrosion prevention activities in 

16 projects and activities carried out using financial as17 sistance provided under or pursuant to this title. 

18 ‘‘(2) ACTIVITIES.—In carrying out paragraph 

19 (1), the Administrator, to the greatest extent prac20 ticable, shall ensure that any recipient of financial 

21 assistance under or pursuant to this title— 

22 ‘‘(A) carries out any project or activity 

23 using such assistance using, as applicable— 

24 ‘‘(i) best practices to carry out corro25 sion prevention activities in the field; 


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1 ‘‘(ii) industry-recognized standards 

2 and corrosion mitigation and prevention 

3 methods when— 

4 ‘‘(I) determining protective coat5 ings; 

6 ‘‘(II) selecting materials; and 

7 ‘‘(III) determining methods of 

8 cathodic protection, design, and engi9 neering for corrosion prevention; 

10 ‘‘(iii) certified coating application spe11 cialists and cathodic protection technicians 

12 and engineers; and 

13 ‘‘(iv) best practices in environmental 

14 protection to prevent environmental deg15 radation and to ensure proper handling of 

16 all hazardous materials; and 

17 ‘‘(B) demonstrates, as applicable— 

18 ‘‘(i) a history of employing industry19 certified inspectors to ensure adherence to 

20 best practices and standards; and 

21 ‘‘(ii) a history of compliance with ap22 plicable requirements of the Occupational 

23 Safety and Health Administration. 


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1 ‘‘(3) CORROSION PREVENTION ACTIVITIES DE2 FINED.—In this subsection, the term ‘corrosion pre3 vention activities’ means— 

4 ‘‘(A) the application and inspection of pro5 tective coatings for complex work involving steel 

6 and cementitious structures, including struc7 tures that will be exposed in immersion; 

8 ‘‘(B) the installation, testing, and inspec9 tion of cathodic protection systems; and 

10 ‘‘(C) any other activities related to corro11 sion prevention the Administrator determines 

12 appropriate.’’. 

13 SEC. 12015. WATER POLLUTION CONTROL REVOLVING 

14 LOAN FUNDS. 

15 Section 603 of the Federal Water Pollution Control 

16 Act (33 U.S.C. 1383) is amended— 

17 (1) in subsection (c)(10), by inserting ‘‘, includ18 ing measures to identify and address cybersecurity 

19 vulnerabilities of such treatment works’’ before the 

20 semicolon; and 

21 (2) in subsection (i)— 

22 (A) in paragraph (1)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘, including forgive25 ness of principal and negative interest 


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1 loans’’ and inserting ‘‘(including in the 

2 form of forgiveness of principal, negative 

3 interest loans, or grants)’’; and 

4 (ii) in subparagraph (A)— 

5 (I) in the matter preceding clause 

6 (i), by striking ‘‘in assistance’’; and 

7 (II) in clause (ii)(III), by striking 

8 ‘‘to such ratepayers’’ and inserting 

9 ‘‘to help such ratepayers maintain ac10 cess to wastewater (including 

11 stormwater) treatment services’’; and 

12 (B) by amending paragraph (3) to read as 

13 follows: 

14 ‘‘(3) SUBSIDIZATION AMOUNTS.— 

15 ‘‘(A) IN GENERAL.—A State may use for 

16 providing additional subsidization in a fiscal 

17 year under this subsection an amount that does 

18 not exceed the greater of— 

19 ‘‘(i) 50 percent of the total amount 

20 received by the State in capitalization 

21 grants under this title for the fiscal year; 

22 or 

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1 tion control revolving fund from State 

2 moneys that exceed the amounts required 

3 to be so deposited under section 602(b)(2). 

4 ‘‘(B) MINIMUM.—To the extent there are 

5 sufficient applications for additional subsidiza6 tion under this subsection that meet the criteria 

7 under paragraph (1)(A), a State shall use for 

8 providing additional subsidization in a fiscal 

9 year under this subsection an amount that is 

10 not less than 20 percent of the total amount re11 ceived by the State in capitalization grants 

12 under this title for the fiscal year.’’. 

13 SEC. 12016. ALLOTMENT OF FUNDS. 

14 (a) FORMULA.—Section 604(a) of the Federal Water 

15 Pollution Control Act (33 U.S.C. 1384(a)) is amended by 

16 striking ‘‘each of fiscal years 1989 and 1990’’ and insert17 ing ‘‘each fiscal year’’. 

18 (b) WASTEWATER INFRASTRUCTURE WORKFORCE

19 DEVELOPMENT.—Section 604 of the Federal Water Pollu20 tion Control Act (33 U.S.C. 1384) is amended by adding 

21 at the end the following: 

22 ‘‘(d) WASTEWATER INFRASTRUCTURE WORKFORCE

23 DEVELOPMENT.—Each fiscal year, a State may reserve 

24 up to 1 percent of the sums allotted to the State under 

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1 opment, training, and retraining activities described in 

2 section 104(g).’’. 

3 (c) NEEDS SURVEY.—Section 604 of the Federal 

4 Water Pollution Control Act (33 U.S.C. 1384) is further 

5 amended by adding at the end the following: 

6 ‘‘(e) NEEDS SURVEY.—Each fiscal year, a State may 

7 reserve up to 0.5 percent of the sums allotted to the State 

8 under this section for the fiscal year to carry out activities 

9 under section 516(b)(1)(B).’’. 

10 (d) FUNDS ALLOTTED TO PUERTO RICO.—Section 

11 604 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1384) is further amended by adding at the end 

13 the following: 

14 ‘‘(f) FUNDS ALLOTTED TO PUERTO RICO.—Notwith15 standing any other provision of law, no funds allotted to 

16 the Commonwealth of Puerto Rico under this section may 

17 be counted as income or an asset of the owner or operator 

18 of a publicly owned treatment works receiving such funds, 

19 or be used, set aside, or otherwise made available for the 

20 purposes of payment of debt restructuring under the Puer21 to Rico Oversight, Management, and Economic Stability 

22 Act (48 U.S.C. 2101 et seq.) by the Puerto Rico Financial 

23 Oversight and Management Board.’’. 


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1 SEC. 12017. RESERVATION OF FUNDS FOR TERRITORIES OF 

2 THE UNITED STATES. 

3 Title VI of the Federal Water Pollution Control Act 

4 (33 U.S.C. 1381 et seq.) is amended by striking section 

5 607 and inserting the following: 

6 ‘‘SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF 

7 THE UNITED STATES. 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) RESERVATION.—For each fiscal year, the 

10 Administrator shall reserve 1.5 percent of available 

11 funds, as determined under paragraph (2). 

12 ‘‘(2) AVAILABLE FUNDS.—For purposes of 

13 paragraph (1), the amount of available funds for a 

14 fiscal year is— 

15 ‘‘(A) the amount of funds made available 

16 to carry out this title for the fiscal year (before 

17 allotments to the States under section 604(a)); 

18 less 

19 ‘‘(B) the amount of any funds reserved 

20 under section 518(c) for the fiscal year. 

21 ‘‘(b) USE OF FUNDS.—Funds reserved under this 

22 section shall be available only for grants to American 

23 Samoa, the Commonwealth of the Northern Mariana Is24 lands, Guam, and the Virgin Islands for projects and ac25 tivities eligible for assistance under section 603(c). 


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1 ‘‘(c) LIMITATION.—American Samoa, the Common2 wealth of the Northern Mariana Islands, Guam, and the 

3 Virgin Islands may not receive funds allotted under sec4 tion 604(a).’’. 

5 SEC. 12018. AUTHORIZATION OF APPROPRIATIONS. 

6 Title VI of the Federal Water Pollution Control Act 

7 (33 U.S.C. 1381 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated to carry out 

11 this title the following sums: 

12 ‘‘(1) $8,000,000,000 for fiscal year 2022. 

13 ‘‘(2) $8,000,000,000 for fiscal year 2023. 

14 ‘‘(3) $8,000,000,000 for fiscal year 2024. 

15 ‘‘(4) $8,000,000,000 for fiscal year 2025. 

16 ‘‘(5) $8,000,000,000 for fiscal year 2026.’’. 

17 SEC. 12019. TECHNICAL ASSISTANCE BY MUNICIPAL OM18 BUDSMAN. 

19 Section 4(b)(1) of the Water Infrastructure Improve20 ment Act (42 U.S.C. 4370j(b)(1)) is amended to read as 

21 follows: 

22 ‘‘(1) technical and planning assistance to sup23 port municipalities, including municipalities that are 

24 rural, small, economically disadvantaged, or Tribal 

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1 ance with enforceable deadlines, goals, and require2 ments of the Federal Water Pollution Control Act; 

3 and’’. 

4 SEC. 12020. REPORT ON WASTEWATER INFRASTRUCTURE 

5 FUNDING FOR RURAL, ECONOMICALLY DIS6 ADVANTAGED, AND TRIBAL COMMUNITIES. 

7 (a) STUDY.—Not later than 90 days after the date 

8 of enactment of this Act, the Administrator of the Envi9 ronmental Protection Agency shall initiate a study on the 

10 distribution of wastewater infrastructure funds to rural 

11 communities, economically disadvantaged communities, 

12 and Tribal communities during the 20 fiscal years pre13 ceding the date of enactment of this Act. 

14 (b) REQUIREMENTS.—In carrying out the study 

15 under this section, the Administrator shall— 

16 (1) consult with other Federal agencies, State, 

17 local, and Tribal governments, owners and operators 

18 of publicly owned treatment works, and stakeholder 

19 organizations, including organizations with experi20 ence in investigating or addressing the wastewater 

21 infrastructure needs of rural communities, economi22 cally disadvantaged communities, and Tribal com23 munities; 

24 (2) undertake at least one public meeting in a 

25 rural community, in an economically disadvantaged 


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1 community, and in a Tribal community, to receive 

2 testimony from the public; 

3 (3) examine whether the distribution of waste4 water infrastructure funds during the period covered 

5 by the study has been in accordance with any appli6 cable executive order or policy regarding environ7 mental justice; 

8 (4) examine how wastewater infrastructure 

9 funds have been distributed with respect to the iden10 tified needs of rural communities, economically dis11 advantaged communities, and Tribal communities, 

12 and whether such funds have addressed the needs of 

13 such communities equitably when compared to how 

14 such funds have been distributed with respect to the 

15 identified needs of communities that are not rural, 

16 economically disadvantaged, or Tribal; 

17 (5) document the harm and injury caused by 

18 any identified inequities in the distribution of waste19 water infrastructure funds with respect to the identi20 fied needs of rural communities, economically dis21 advantaged communities, and Tribal communities; 

22 and 

23 (6) consider any additional factors that the Ad24 ministrator determines necessary or appropriate to 

25 determine whether rural communities, economically 


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1 disadvantaged communities, and Tribal communities 

2 have equitable access to wastewater infrastructure 

3 funds to comply with applicable requirements of the 

4 Federal Water Pollution Control Act (33 U.S.C. 

5 1251 et seq.). 

6 (c) REPORT TO CONGRESS.—Not later than 2 years 

7 after the date of enactment of this Act, the Administrator 

8 shall submit to Congress a report describing— 

9 (1) the results of the study carried out under 

10 this section; and 

11 (2) any recommendations to Congress, or to 

12 State, local, and Tribal governments, to ensure that 

13 rural communities, economically disadvantaged com14 munities, and Tribal communities can equitably ac15 cess wastewater infrastructure funds in amounts 

16 sufficient to address local wastewater infrastructure 

17 needs and local water quality challenges. 

18 (d) DEFINITIONS.—In this section: 

19 (1) ECONOMICALLY DISADVANTAGED COMMU20 NITY.—The term ‘‘economically disadvantaged com21 munity’’ means— 

22 (A) a municipality that meets the afford23 ability criteria of a State established under sec24 tion 603(i)(2) of the Federal Water Pollution 

25 Control Act (33 U.S.C. 1383(i)(2)); 


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1 (B) a community with respect to which a 

2 municipality can demonstrate that households 

3 in the community experience significant eco4 nomic hardship related to wastewater infra5 structure; or 

6 (C) a community that is located in an area 

7 that meets the criteria described in paragraph 

8 (1) or (2) of section 301(a) of the Public Works 

9 and Economic Development Act of 1965 (42 

10 U.S.C. 3161(a)). 

11 (2) MUNICIPALITY; TREATMENT WORKS.—The 

12 terms ‘‘municipality’’ and ‘‘treatment works’’ have 

13 the meanings given those terms in section 502 of the 

14 Federal Water Pollution Control Act (33 U.S.C. 

15 1362). 

16 (3) WASTEWATER INFRASTRUCTURE FUNDS.— 

17 The term ‘‘wastewater infrastructure funds’’ means 

18 funds made available for projects or activities under 

19 or pursuant to— 

20 (A) title VI of the Federal Water Pollution 

21 Control Act (33 U.S.C. 1381 et seq.); 

22 (B) section 122 of the Federal Water Pol23 lution Control Act (33 U.S.C. 1274); 

24 (C) section 220 of the Federal Water Pol25 lution Control Act (33 U.S.C. 1300); and 


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1 (D) section 221 of the Federal Water Pol2 lution Control Act (33 U.S.C. 1301). 

3 SEC. 12021. WATER REUSE INTERAGENCY WORKING 

4 GROUP. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Administrator shall es7 tablish a Water Reuse Interagency Working Group to de8 velop and coordinate actions, tools, and resources to en9 courage water reuse across the United States, including 

10 through the implementation of the National Water Reuse 

11 Action Plan, consistent with the mission of each Federal 

12 agency that is a member of the working group. 

13 (b) CHAIRPERSON; MEMBERSHIP.—The working 

14 group shall be— 

15 (1) chaired by the Administrator; and 

16 (2) comprised of senior representatives from 

17 any Federal agency the Administrator determines to 

18 be appropriate. 

19 (c) DUTIES OF THE WORKING GROUP.—The working 

20 group shall— 

21 (1) annually review the National Water Reuse 

22 Action Plan and, as necessary, update such plan; 

23 (2) encourage the consideration of water reuse 

24 as part of integrated water resources management 

25 and planning; 


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1 (3) conduct, and submit to Congress and make 

2 public, an assessment of opportunities to encourage 

3 water reuse and actions necessary to pursue such 

4 opportunities; 

5 (4) seek to coordinate Federal programs and 

6 policies to encourage water reuse; 

7 (5) consider how each Federal agency that is a 

8 member of the working group can explore and iden9 tify opportunities to encourage water reuse through 

10 the programs and activities of each such Federal 

11 agency; and 

12 (6) consult, on a regular basis, with representa13 tives of the water reuse industry, research commu14 nity, and nongovernmental organizations. 

15 (d) REPORT.—Not less frequently than once every 2 

16 years, the Administrator shall submit to Congress a report 

17 on the activities and findings of the working group. 

18 (e) SUNSET.—The working group shall terminate on 

19 the date that is 6 years after the date of enactment of 

20 this Act. 

21 (f) DEFINITIONS.—In this section: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 


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1 (2) NATIONAL WATER REUSE ACTION PLAN.— 

2 The term ‘‘National Water Reuse Action Plan’’ 

3 means the document published by the Administrator 

4 entitled ‘‘National Water Reuse Action Plan: Col5 laborative Implementation (Version 1)’’, dated Feb6 ruary 2020, and noticed in the Federal Register on 

7 March 3, 2020 (85 Fed. Reg. 12552), as updated 

8 pursuant to this section. 

9 (3) WORKING GROUP.—The term ‘‘working 

10 group’’ means the Water Reuse Interagency Work11 ing Group established under this section. 

12 SEC. 12022. DISCLOSURE OF INTRODUCTIONS OF PFAS. 

13 (a) IN GENERAL.—The introduction of any 

14 perfluoroalkyl or polyfluoroalkyl substance by the owner 

15 or operator of an industrial source shall be unlawful unless 

16 such owner or operator first notifies the owner or operator 

17 of the applicable treatment works of— 

18 (1) the identity and quantity of such substance; 

19 (2) whether such substance is susceptible to 

20 treatment by such treatment works; and 

21 (3) whether such substance would interfere with 

22 the operation of the treatment works. 

23 (b) VIOLATIONS.—A violation of this section shall be 

24 treated in the same manner as a violation of a regulation 


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1 promulgated under subsection 307(b) of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1317(b)). 

3 (c) DEFINITIONS.—In this section: 

4 (1) INTRODUCTION.—The term ‘‘introduction’’ 

5 means the introduction of pollutants into treatment 

6 works, as described in section 307(b) of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1317). 

8 (2) TREATMENT WORKS.—The term ‘‘treatment 

9 works’’ has the meaning given that term in section 

10 212 of the Federal Water Pollution Control Act (33 

11 U.S.C. 1292). 

12 SEC. 12023. CLEAN WATER ACT EFFLUENT LIMITATIONS 

13 GUIDELINES AND STANDARDS AND WATER 

14 QUALITY CRITERIA FOR PFAS. 

15 (a) DEADLINES.— 

16 (1) WATER QUALITY CRITERIA.—Not later than 

17 3 years after the date of enactment of this section, 

18 the Administrator shall publish in the Federal Reg19 ister human health water quality criteria under sec20 tion 304(a)(1) of the Federal Water Pollution Con21 trol Act (33 U.S.C. 1314) for each measurable 

22 perfluoroalkyl substance, polyfluoroalkyl substance, 

23 and class of such substances. 

24 (2) EFFLUENT LIMITATIONS GUIDELINES AND

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1 EGORIES.—As soon as practicable, but not later 

2 than 4 years after the date of enactment of this sec3 tion, the Administrator shall publish in the Federal 

4 Register a final rule establishing, for each priority 

5 industry category, effluent limitations guidelines and 

6 standards, in accordance with the Federal Water 

7 Pollution Control Act, for the discharge (including a 

8 discharge into a publicly owned treatment works) of 

9 each measurable perfluoroalkyl substance, 

10 polyfluoroalkyl substance, and class of such sub11 stances. 

12 (b) NOTIFICATION.—The Administrator shall notify 

13 the Committee on Transportation and Infrastructure of 

14 the House of Representatives and the Committee on Envi15 ronment and Public Works of the Senate of each publica16 tion made under this section. 

17 (c) IMPLEMENTATION ASSISTANCE FOR PUBLICLY

18 OWNED TREATMENT WORKS.— 

19 (1) IN GENERAL.—The Administrator shall 

20 award grants to owners and operators of publicly 

21 owned treatment works, to be used to implement ef22 fluent limitations guidelines and standards developed 

23 by the Administrator for a perfluoroalkyl substance, 

24 polyfluoroalkyl substance, or class of such sub25 stances. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Ad3 ministrator to carry out this subsection 

4 $200,000,000 for each of fiscal years 2022 through 

5 2026, to remain available until expended. 

6 (d) NO INCREASED BONDING AUTHORITY.— 

7 Amounts awarded to an owner or operator of a publicly 

8 owned treatment works under this section may not be used 

9 as a source of payment of, or security for (directly or indi10 rectly), in whole or in part, any obligation the interest on 

11 which is exempt from the tax imposed under chapter 1 

12 of the Internal Revenue Code of 1986. 

13 (e) DEFINITIONS.—In this section: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Environ16 mental Protection Agency. 

17 (2) EFFLUENT LIMITATION.—The term ‘‘efflu18 ent limitation’’ has the meaning given that term in 

19 section 502 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1362). 

21 (3) MEASURABLE.—The term ‘‘measurable’’ 

22 means, with respect to a chemical substance or class 

23 of chemical substances, capable of being measured 

24 using test procedures established under section 


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1 304(h) of the Federal Water Pollution Control Act 

2 (33 U.S.C. 1314). 

3 (4) PERFLUOROALKYL SUBSTANCE.—The term 

4 ‘‘perfluoroalkyl substance’’ means a chemical of 

5 which all of the carbon atoms are fully fluorinated 

6 carbon atoms. 

7 (5) POLYFLUOROALKYL SUBSTANCE.—The 

8 term ‘‘polyfluoroalkyl substance’’ means a chemical 

9 containing at least one fully fluorinated carbon atom 

10 and at least one carbon atom that is not a fully 

11 fluorinated carbon atom. 

12 (6) PRIORITY INDUSTRY CATEGORY.—The term 

13 ‘‘priority industry category’’ means the following 

14 point source categories: 

15 (A) Organic chemicals, plastics, and syn16 thetic fibers, as identified in part 414 of title 

17 40, Code of Federal Regulations (or successor 

18 regulations). 

19 (B) Pulp, paper, and paperboard, as iden20 tified in part 430 of title 40, Code of Federal 

21 Regulations (or successor regulations). 

22 (C) Textile mills, as identified in part 410 

23 of title 40, Code of Federal Regulations (or suc24 cessor regulations). 


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1 (D) Electroplating, as identified in part 

2 413 of title 40, Code of Federal Regulations (or 

3 successor regulations). 

4 (E) Metal finishing, as identified in part 

5 433 of title 40, Code of Federal Regulations (or 

6 successor regulations). 

7 (F) Leather tanning and finishing, as iden8 tified in part 425 of title 40, Code of Federal 

9 Regulations (or successor regulations). 

10 (G) Paint formulating, as identified in part 

11 446 of title 40, Code of Federal Regulations (or 

12 successor regulations). 

13 (H) Electrical and electronic components, 

14 as identified in part 469 of title 40, Code of 

15 Federal Regulations (or successor regulations). 

16 (I) Plastics molding and forming, as iden17 tified in part 463 of title 40, Code of Federal 

18 Regulations (or successor regulations). 

19 (7) TREATMENT WORKS.—The term ‘‘treatment 

20 works’’ has the meaning given that term in section 

21 212 of the Federal Water Pollution Control Act (33 

22 U.S.C. 1292). 

23 SEC. 12024. NONPOINT SOURCE MANAGEMENT PROGRAMS. 

24 Section 319(j) of the Federal Water Pollution Control 

25 Act (33 U.S.C. 1329(j)) is amended by striking ‘‘subVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01692 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 sections (h) and (i) not to exceed’’ and all that follows 

2 through ‘‘fiscal year 1991’’ and inserting ‘‘subsections (h) 

3 and (i) $200,000,000 for each of fiscal years 2022 

4 through 2026’’. 

5 SEC. 12025. WASTEWATER ASSISTANCE TO COLONIAS. 

6 Section 307 of the Safe Drinking Water Act Amend7 ments of 1996 (33 U.S.C. 1281 note) is amended— 

8 (1) in subsection (a)— 

9 (A) by redesignating paragraphs (2) and 

10 (3) as paragraphs (3) and (4), respectively; and 

11 (B) by inserting after paragraph (1) the 

12 following: 

13 ‘‘(2) COVERED ENTITY.—The term ‘covered en14 tity’ means each of the following: 

15 ‘‘(A) A border State. 

16 ‘‘(B) A local government with jurisdiction 

17 over an eligible community.’’; 

18 (2) in subsection (b), by striking ‘‘border 

19 State’’ and inserting ‘‘covered entity’’; 

20 (3) in subsection (d), by striking ‘‘shall not ex21 ceed 50 percent’’ and inserting ‘‘may not be less 

22 than 80 percent’’; 

23 (4) in subsection (e)— 

24 (A) by striking ‘‘$25,000,000’’ and insert25 ing ‘‘$100,000,000’’; and 


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1 (B) by striking ‘‘1997 through 1999’’ and 

2 inserting ‘‘2022 through 2026’’. 

3 SEC. 12026. HOUSEHOLD WELL WATER TESTING WEBSITE. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of enactment of this Act, the Administrator of the 

6 Environmental Protection Agency shall establish a website 

7 containing information relating to the testing of household 

8 well water. 

9 (b) CONTENTS.—The Administrator shall include on 

10 the website established under subsection (a) the following: 

11 (1) Information on how to get drinking water 

12 tested for a home served by an individual private 

13 well. 

14 (2) A list of laboratories that analyze water 

15 samples and are certified by a State or the Adminis16 trator. 

17 (3) State-specific information, developed in co18 ordination with each State, on naturally occurring 

19 and human-induced contaminants. 

20 (4) Information that, using accepted risk com21 munication techniques, clearly communicates wheth22 er a test result value exceeds a level determined by 

23 the Administrator or the State to pose a health risk. 

24 (5) Information on treatment options, including 

25 information relating to water treatment systems cerVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01694 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tified by the National Sanitation Foundation, Un2 derwriters Laboratories, and the Water Quality As3 sociation. 

4 (6) A directory of whom to contact to report a 

5 test result value that exceeds a level determined by 

6 the Administrator or the State to pose a health risk. 

7 (7) Information on financial assistance that is 

8 available for homeowners to support water treat9 ment, including grants under section 306E of the 

10 Consolidated Farm and Rural Development Act (7 

11 U.S.C. 1926e) and State resources. 

12 (8) Any other information the Administrator 

13 considers appropriate. 

14 (c) COORDINATION.—The Administrator shall coordi15 nate with the Secretary of Health and Human Services, 

16 the Secretary of Agriculture, and appropriate State agen17 cies in carrying out this section. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $1,000,000 for fiscal year 2022. 

21 SEC. 12027. STUDY AND REPORT ON EFFECT OF TOILET 

22 WIPES MARKETED AS FLUSHABLE. 

23 (a) IN GENERAL.—The Administrator of the Envi24 ronmental Protection Agency shall conduct a study on the 


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1 effect of toilet wipes marketed as flushable on municipal 

2 water systems and residential plumbing systems. 

3 (b) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Administrator shall submit 

5 to Congress a report on the study conducted under sub6 section (a). 

7 SEC. 12028. EFFLUENT LIMITATIONS FOR WASTEWATER, 

8 SPILLS, AND RUNOFF FROM FACILITIES AS9 SOCIATED WITH THE TRANSPORT AND PACK10 AGING OF PRE-PRODUCTION PLASTIC MATE11 RIALS. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of enactment of this Act, the Administrator of the 

14 Environmental Protection Agency shall issue such regula15 tions as are necessary to ensure that— 

16 (1) the discharge of plastic pellets or other pre17 production plastic materials (including discharge 

18 into wastewater and other runoff) from facilities reg19 ulated under part 414 or 463 of title 40, Code of 

20 Federal Regulations (as in effect on the date of en21 actment of this Act), is prohibited; 

22 (2) the discharge of plastic pellets or other pre23 production plastic materials (including discharge 

24 into wastewater and other runoff) from a point 

25 source associated with the making, use, packaging, 


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1 or transportation of such plastic pellets and other 

2 pre-production plastic materials is prohibited; and 

3 (3) the requirements under paragraphs (1) and 

4 (2) are reflected in— 

5 (A) permits issued under section 402 of 

6 the Federal Water Pollution Control Act (33 

7 U.S.C. 1342) to facilities or other point sources 

8 that make, use, package, or transport plastic 

9 pellets or other pre-production plastic materials, 

10 as determined by the Administrator, in addition 

11 to other applicable limits and standards; and 

12 (B) all standards of performance promul13 gated under section 312(p) of the Federal 

14 Water Pollution Control Act (33 U.S.C. 

15 1322(p)) that are applicable to point sources 

16 associated with the making, use, packaging, or 

17 transportation of plastic pellets or other pre18 production plastic materials, as determined by 

19 the Administrator. 

20 (b) DEFINITION.—In this section, the term ‘‘point 

21 source’’ has the meaning given such term in section 502 

22 of the Federal Water Pollution Control Act (33 U.S.C. 

23 1362). 


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1 SEC. 12029. CENTERS OF EXCELLENCE FOR STORMWATER 

2 CONTROL INFRASTRUCTURE TECH3 NOLOGIES. 

4 (a) ESTABLISHMENT.— 

5 (1) IN GENERAL.—Subject to the availability of 

6 appropriations, the Administrator of the Environ7 mental Protection Agency shall provide grants, on a 

8 competitive basis, to eligible institutions to establish 

9 not more than 5 centers of excellence for new and 

10 emerging stormwater control infrastructure tech11 nologies, to be located in different geographic re12 gions of the United States. 

13 (2) GENERAL OPERATION.—Each center of ex14 cellence established with a grant provided under this 

15 section shall— 

16 (A) conduct research on new and emerging 

17 stormwater control infrastructure technologies 

18 that are relevant to the geographical region in 

19 which the center of excellence is located to im20 prove the effectiveness, cost efficiency, and pro21 tection of public health, public safety, and water 

22 quality, including research on— 

23 (i) stormwater and sewer overflow re24 duction; and 


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1 (ii) other approaches to achieve water 

2 resource enhancement and other environ3 mental, economic, and social benefits; 

4 (B) maintain a list of— 

5 (i) stormwater control infrastructure 

6 needs in the region in which the center of 

7 excellence is located; and 

8 (ii) available new and emerging 

9 stormwater control infrastructure tech10 nologies; 

11 (C) analyze the usefulness of additional fi12 nancial programs for the implementation of new 

13 and emerging stormwater control infrastructure 

14 technologies; 

15 (D) share the results of research conducted 

16 under subparagraph (A) with the Federal Gov17 ernment, State, Tribal, and local governments, 

18 and the private sector; 

19 (E) provide technical assistance to State, 

20 Tribal, and local governments to assist with the 

21 design, construction, operation, and mainte22 nance of stormwater control infrastructure 

23 projects that use innovative technologies; 

24 (F) collaborate with institutions of higher 

25 education and private and public organizations, 


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1 including community-based public-private part2 nerships and other stakeholders, in the geo3 graphical region in which the center of excel4 lence is located; and 

5 (G) coordinate with the other centers of 

6 excellence to avoid duplication of efforts. 

7 (3) APPLICATION.—To be eligible to receive a 

8 grant under this section, an eligible institution shall 

9 prepare and submit to the Administrator an applica10 tion at such time, in such form, and containing such 

11 information as the Administrator may require. 

12 (b) NATIONAL ELECTRONIC CLEARINGHOUSE CEN13 TER.—Of the centers of excellence established under sub14 section (a), the Administrator shall designate 1 center of 

15 excellence as the ‘‘National Electronic Clearinghouse Cen16 ter’’ to— 

17 (1) develop, operate, and maintain public data18 base and a website that contains information relat19 ing to new and emerging stormwater control infra20 structure technologies; and 

21 (2) publish on such website information from 

22 each of the centers of excellence established under 

23 this section. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.— 


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

2 appropriated to carry out this section $5,000,000 for 

3 each of fiscal years 2022 through 2026. 

4 (2) LIMITATION ON USE OF FUNDS.—Of the 

5 amounts made available for grants under paragraph 

6 (1), not more than 2 percent may be used for ad7 ministrative costs. 

8 (d) DEFINITION.—In this section, the term ‘‘eligible 

9 institution’’ means an institution of higher education, a 

10 research institution, or a nonprofit organization— 

11 (1) that has demonstrated excellence in re12 searching and developing new and emerging 

13 stormwater control infrastructure technologies; and 

14 (2) with respect to a nonprofit organization, the 

15 core mission of which includes water management, 

16 as determined by the Administrator. 

17 SEC. 12030. MANAGEMENT OF INTERNATIONAL TRANS18 BOUNDARY WATER POLLUTION. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency. 

23 (2) COMMISSION.—The term ‘‘Commission’’ 

24 means the United States section of the International 

25 Boundary and Water Commission. 


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1 (3) COVERED FUNDS.—The term ‘‘covered 

2 funds’’ means amounts made available to the Ad3 ministrator under the heading ‘‘Environmental Pro4 tection Agency—State and Tribal Assistance 

5 Grants’’ under title IX of the United States-Mexico6 Canada Agreement Implementation Act (Public Law 

7 116–113). 

8 (4) TREATMENT WORKS.—The term ‘‘treatment 

9 works’’ has the meaning given that term in section 

10 212 of the Federal Water Pollution Control Act (33 

11 U.S.C. 1292). 

12 (5) U.S.-MEXICO BORDER REGION.—The term 

13 ‘‘U.S.-Mexico border region’’ means any area in the 

14 United States that is located within 100 kilometers 

15 of the United States-Mexico border. 

16 (b) GRANTS.—The Administrator may, using covered 

17 funds, provide to the Commission grants for projects for 

18 treatment works for the U.S.-Mexico border region that— 

19 (1) protect residents within the U.S.-Mexico 

20 border region from pollution resulting from— 

21 (A) transboundary flows of wastewater (in22 cluding stormwater) or other international 

23 transboundary water flows originating in Mex24 ico; and 


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1 (B) any inadequacies or breakdowns of 

2 treatment works in Mexico; and 

3 (2) provide treatment of such flows in compli4 ance with local, State, and Federal law. 

5 (c) USE OF FUNDS.—The Commission may use funds 

6 received under this section to plan, study, design, and con7 struct treatment works in accordance with this section, 

8 and carry out any related activities. 

9 (d) CONSULTATION AND COORDINATION.—The Com10 mission shall consult and coordinate with the Adminis11 trator in carrying out any project using funds received 

12 under this section. 

13 (e) APPLICATION OF OTHER REQUIREMENTS.—The 

14 requirements of sections 513 and 608 of the Federal 

15 Water Pollution Control Act (33 U.S.C. 1372, 1388) shall 

16 apply to the construction of any treatment works in the 

17 United States for which the Commission receives funds 

18 under this section. 

19 SEC. 12031. CALIFORNIA NEW RIVER RESTORATION. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 


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1 (2) MEXICAN.—The term ‘‘Mexican’’ refers to 

2 the Federal, State, and local governments of the 

3 United Mexican States. 

4 (3) NEW RIVER.—The term ‘‘New River’’ 

5 means that portion of the New River, California, 

6 that flows north within the United States from the 

7 border of Mexico through Calexico, California, 

8 passes through the Imperial Valley, and drains into 

9 the Salton Sea. 

10 (4) PROGRAM.—The term ‘‘program’’ means 

11 the California New River restoration program estab12 lished under subsection (b). 

13 (5) RESTORATION AND PROTECTION.—The 

14 term ‘‘restoration and protection’’ means the con15 servation, stewardship, and enhancement of habitat 

16 for fish and wildlife to preserve and improve eco17 systems and ecological processes on which they de18 pend. 

19 (b) CALIFORNIA NEW RIVER RESTORATION PRO20 GRAM ESTABLISHMENT.— 

21 (1) ESTABLISHMENT.—Not later than 180 days 

22 after the date of enactment of this Act, the Adminis23 trator shall establish a program to be known as the 

24 ‘‘California New River restoration program’’. 


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1 (2) DUTIES.—In carrying out the program, the 

2 Administrator shall— 

3 (A) implement projects, plans, and initia4 tives for the restoration and protection of the 

5 New River that are supported by the California6 Mexico Border Relations Council, in consulta7 tion with applicable management entities, in8 cluding representatives of the Calexico New 

9 River Committee, the California-Mexico Border 

10 Relations Council, the New River Improvement 

11 Project Technical Advisory Committee, the Fed12 eral Government, State and local governments, 

13 and regional and nonprofit organizations; 

14 (B) undertake activities that— 

15 (i) support the implementation of a 

16 shared set of science-based restoration and 

17 protection activities identified in accord18 ance with subparagraph (A); 

19 (ii) target cost-effective projects with 

20 measurable results; and 

21 (iii) maximize conservation outcomes 

22 with no net gain of Federal full-time equiv23 alent employees; and 

24 (C) provide grants and technical assistance 

25 in accordance with subsection (c). 


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1 (3) COORDINATION.—In establishing the pro2 gram, the Administrator shall consult, as appro3 priate, with— 

4 (A) the heads of Federal agencies, includ5 ing— 

6 (i) the Secretary of the Interior; 

7 (ii) the Secretary of Agriculture; 

8 (iii) the Secretary of Homeland Secu9 rity; 

10 (iv) the Administrator of General 

11 Services; 

12 (v) the Commissioner of U.S. Customs 

13 and Border Protection; 

14 (vi) the Commissioner of the Inter15 national Boundary Water Commission; and 

16 (vii) the head of any other applicable 

17 agency; 

18 (B) the Governor of California; 

19 (C) the California Environmental Protec20 tion Agency; 

21 (D) the California State Water Resources 

22 Control Board; 

23 (E) the California Department of Water 

24 Resources; 


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1 (F) the Colorado River Basin Regional 

2 Water Quality Control Board; 

3 (G) the Imperial Irrigation District; and 

4 (H) other public agencies and organiza5 tions with authority for the planning and imple6 mentation of conservation strategies relating to 

7 the New River. 

8 (4) PURPOSES.—The purposes of the program 

9 include— 

10 (A) coordinating restoration and protection 

11 activities, among Mexican, Federal, State, local, 

12 and regional entities and conservation partners, 

13 relating to the New River; and 

14 (B) carrying out coordinated restoration 

15 and protection activities, and providing for tech16 nical assistance relating to the New River— 

17 (i) to sustain and enhance fish and 

18 wildlife habitat restoration and protection 

19 activities; 

20 (ii) to improve and maintain water 

21 quality to support fish and wildlife, as well 

22 as the habitats of fish and wildlife; 

23 (iii) to sustain and enhance water 

24 management for volume and flood damage 


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1 mitigation improvements to benefit fish 

2 and wildlife habitat; 

3 (iv) to improve opportunities for pub4 lic access to, and recreation in and along, 

5 the New River consistent with the ecologi6 cal needs of fish and wildlife habitat; 

7 (v) to maximize the resilience of nat8 ural systems and habitats under changing 

9 watershed conditions; 

10 (vi) to engage the public through out11 reach, education, and citizen involvement, 

12 to increase capacity and support for co13 ordinated restoration and protection activi14 ties relating to the New River; 

15 (vii) to increase scientific capacity to 

16 support the planning, monitoring, and re17 search activities necessary to carry out co18 ordinated restoration and protection activi19 ties; and 

20 (viii) to provide technical assistance to 

21 carry out restoration and protection activi22 ties relating to the New River. 

23 (c) GRANTS AND ASSISTANCE.— 

24 (1) IN GENERAL.—In carrying out the program, 

25 the Administrator shall provide grants and technical 


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1 assistance to State and local governments, nonprofit 

2 organizations, and institutions of higher education, 

3 to carry out the purposes of the program. 

4 (2) CRITERIA.—The Administrator, in consulta5 tion with the organizations described in subsection 

6 (b)(3), shall develop criteria for providing grants and 

7 technical assistance under this subsection to ensure 

8 that such activities accomplish one or more of the 

9 purposes identified in subsection (b)(4)(B). 

10 (3) COST SHARING.— 

11 (A) FEDERAL SHARE.—The Federal share 

12 of the cost of a project for which a grant is pro13 vided under this subsection shall not exceed 55 

14 percent of the total cost of the activity, as de15 termined by the Administrator. 

16 (B) NON-FEDERAL SHARE.—The non-Fed17 eral share of the cost of a project for which a 

18 grant is provided under this subsection may be 

19 provided in the form of an in-kind contribution 

20 of services or materials that the Administrator 

21 determines are integral to the activity carried 

22 out using assistance authorized by this section. 

23 (4) REQUIREMENTS.—Sections 513 and 608 of 

24 the Federal Water Pollution Control Act (33 U.S.C. 

25 1372; 1388) shall apply to the construction of any 


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1 project or activity carried out, in whole or in part, 

2 under this section in the same manner those sections 

3 apply to a treatment works for which a grant is 

4 made available under the Federal Water Pollution 

5 Control Act. 

6 (5) ADMINISTRATION.—The Administrator may 

7 enter into an agreement to manage the implementa8 tion of this subsection with the North American De9 velopment Bank or a similar organization that offers 

10 grant management services. 

11 (d) ANNUAL REPORTS.—Not later than 180 days 

12 after the date of enactment of this Act, and annually 

13 thereafter, the Administrator shall submit to Congress a 

14 report on the implementation of this section, including a 

15 description of each project that has received funding under 

16 this section and the status of all such projects that are 

17 in progress on the date of submission of the report. 

18 SEC. 12032. RULEMAKING ON CLIMATE RESILIENCY. 

19 (a) IN GENERAL.—Not later than 18 months after 

20 the date of enactment of this section, the Administrator 

21 of the Environmental Protection Agency, after notice and 

22 opportunity for public comment, shall issue such regula23 tions as are necessary to require that an applicant for 

24 wastewater infrastructure funds— 


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1 (1) undertake an assessment of the potential 

2 impacts of climate change on the project or activity 

3 for which such funds are sought; and 

4 (2) where appropriate, incorporate measures to 

5 avoid, minimize, or mitigate such potential impacts 

6 into the design of such project or activity. 

7 (b) CONSIDERATIONS.—In issuing regulations under 

8 subsection (a)(1), the Administrator shall consider requir9 ing varying levels of assessments that reflect the scale or 

10 type of the project or activity for which wastewater infra11 structure funds are sought. 

12 (c) CONSULTATION; TECHNICAL ASSISTANCE.—In 

13 carrying out the rulemaking required under subsection 

14 (a), the Administrator shall— 

15 (1) consult with other Federal and State agen16 cies, municipalities, Tribal governments, owners and 

17 operators of publicly owned treatment works, and 

18 other stakeholders with experience in addressing po19 tential impacts of climate change on projects and ac20 tivities eligible for wastewater infrastructure funds; 

21 and 

22 (2) identify entities to provide technical assist23 ance to applicants for wastewater infrastructure 

24 funds to assist such applicants in incorporating the 


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1 climate resilience measures described under sub2 section (a)(2). 

3 (d) DEFINITIONS.—In this section: 

4 (1) IMPACTS OF CLIMATE CHANGE.—The term 

5 ‘‘impacts of climate change’’ includes observed 

6 changes to temperature, precipitation patterns, 

7 drought, storms, flooding, and sea level rise that 

8 may adversely impact the continued safe and reliable 

9 operation of a treatment works. 

10 (2) MUNICIPALITY; STATE; TREATMENT

11 WORKS.—The terms ‘‘municipality’’, ‘‘State’’, and 

12 ‘‘treatment works’’ have the meaning given such 

13 terms in section 502 of the Federal Water Pollution 

14 Control Act (33 U.S.C. 1362). 

15 (3) WASTEWATER INFRASTRUCTURE FUNDS.— 

16 The term ‘‘wastewater infrastructure funds’’ means 

17 funds made available for projects or activities under 

18 or pursuant to— 

19 (A) title VI of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1381 et seq.); 

21 (B) section 122 of the Federal Water Pol22 lution Control Act (33 U.S.C. 1274); 

23 (C) section 220 of the Federal Water Pol24 lution Control Act (33 U.S.C. 1300); and 


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1 (D) section 221 of the Federal Water Pol2 lution Control Act (33 U.S.C. 1301). 

3 DIVISION I—ASSISTANCE, QUAL4 ITY, AND AFFORDABILITY 

5 ACT OF 2021 

6 SEC. 13001. SHORT TITLE; TABLE OF CONTENTS. 

7 (a) SHORT TITLE.—This division may be cited as the 

8 ‘‘Assistance, Quality, and Affordability Act of 2021’’. 

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

10 this division is as follows: 

Sec. 13001. Short title; table of contents. 

TITLE I—INFRASTRUCTURE 

Sec. 13101. Drinking water system resilience funding. 

Sec. 13102. Grants for State programs. 

Sec. 13103. American iron and steel products. 

Sec. 13104. Assistance for disadvantaged communities. 

Sec. 13105. Allotments for territories. 

Sec. 13106. Drinking water SRF funding. 

Sec. 13107. Lead service line replacement. 

Sec. 13108. Drinking water assistance to colonias. 

Sec. 13109. PFAS treatment grants. 

Sec. 13110. Voluntary school and child care program lead testing grant program. 

Sec. 13111. Grant program for installation of filtration stations at schools and 

child care programs. 

Sec. 13112. Drinking water fountain replacement for schools. 

Sec. 13113. Indian reservation drinking water program. 

Sec. 13114. Assistance for areas affected by natural disasters. 

Sec. 13115. Water main break data clearinghouse. 

TITLE II—SAFETY 

Sec. 13201. Enabling EPA to set standards for new drinking water contaminants. 

Sec. 13202. National primary drinking water regulations for PFAS. 

Sec. 13203. National primary drinking water regulations for microcystin toxin. 

Sec. 13204. National primary drinking water regulations for 1,4–dioxane. 

Sec. 13205. National primary drinking water regulation for chromium-6. 

Sec. 13206. Elimination of small system variances. 

TITLE III—AFFORDABILITY 

Sec. 13301. Emergency relief program. 


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Sec. 13302. Low-income drinking water assistance program. 

Sec. 13303. Low-income wastewater assistance program. 

Sec. 13304. Needs assessment for nationwide rural and urban low-income community water assistance program. 

Sec. 13305. Natural hazard education and response grant program. 

TITLE IV—OTHER MATTERS 

Sec. 13401. Small urban and rural water system consolidation report. 

Sec. 13402. Study on contamination of Coldwater Creek, Missouri. 

Sec. 13403. Report on affordability, discrimination and civil rights violations, 

and data collection. 

Sec. 13404. Water infrastructure and workforce investment. 

Sec. 13405. Identification of high-risk locations. 

1 TITLE I—INFRASTRUCTURE 

2 SEC. 13101. DRINKING WATER SYSTEM RESILIENCE FUND3 ING. 

4 Section 1433(g) of the Safe Drinking Water Act (42 

5 U.S.C. 300i–2(g)) is amended— 

6 (1) in paragraph (1), by striking ‘‘and 2021’’ 

7 and inserting ‘‘through 2031’’; and 

8 (2) in paragraph (6)— 

9 (A) by striking ‘‘25,000,000’’ and inserting 

10 ‘‘50,000,000’’; and 

11 (B) by striking ‘‘2020 and 2021’’ and in12 serting ‘‘2022 through 2031’’. 

13 SEC. 13102. GRANTS FOR STATE PROGRAMS. 

14 Section 1443(a)(7) of the Safe Drinking Water Act 

15 (42 U.S.C. 300j–2(a)(7)) is amended by striking ‘‘and 

16 2021’’ and inserting ‘‘through 2031’’. 

17 SEC. 13103. AMERICAN IRON AND STEEL PRODUCTS. 

18 Section 1452(a)(4)(A) of the Safe Drinking Water 

19 Act (42 U.S.C. 300j–12(a)(4)(A)) is amended by striking 


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1 ‘‘During fiscal years 2019 through 2023, funds’’ and in2 serting ‘‘Funds’’. 

3 SEC. 13104. ASSISTANCE FOR DISADVANTAGED COMMU4 NITIES. 

5 Section 1452(d)(2)(A) of the Safe Drinking Water 

6 Act (42 U.S.C. 300j–12(d)(2)(A)) is amended by striking 

7 ‘‘35 percent’’ and inserting ‘‘40 percent’’. 

8 SEC. 13105. ALLOTMENTS FOR TERRITORIES. 

9 Section 1452(j) of the Safe Drinking Water Act (42 

10 U.S.C. 300j–12(j)) is amended by striking ‘‘0.33 percent’’ 

11 and inserting ‘‘1.5 percent’’. 

12 SEC. 13106. DRINKING WATER SRF FUNDING. 

13 Section 1452(m)(1) of the Safe Drinking Water Act 

14 (42 U.S.C. 300j–12(m)(1)) is amended— 

15 (1) in subparagraph (B), by striking ‘‘and’’; 

16 (2) in subparagraph (C), by striking ‘‘2021.’’ 

17 and inserting ‘‘2021;’’; and 

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

19 ‘‘(D) $4,140,000,000 for fiscal year 2022; 

20 ‘‘(E) $4,800,000,000 for fiscal year 2023; 

21 and 

22 ‘‘(F) $5,500,000,000 for each of fiscal 

23 years 2024 through 2031.’’. 


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1 SEC. 13107. LEAD SERVICE LINE REPLACEMENT. 

2 (a) IN GENERAL.—Section 1452 of the Safe Drink3 ing Water Act (42 U.S.C. 300j–12) is amended by adding 

4 at the end the following: 

5 ‘‘(u) LEAD SERVICE LINE REPLACEMENT.— 

6 ‘‘(1) IN GENERAL.—In addition to the capital7 ization grants to eligible States under subsection 

8 (a)(1), the Administrator shall offer to enter into 

9 agreements with States, Indian Tribes, and the ter10 ritories described in subsection (j) to make grants, 

11 including letters of credit, to such States, Indian 

12 Tribes, and territories under this subsection to fund 

13 the replacement of lead service lines. 

14 ‘‘(2) ALLOTMENTS.— 

15 ‘‘(A) STATES.—Funds made available to 

16 carry out this subsection shall be— 

17 ‘‘(i) allotted and reallotted to the ex18 tent practicable to States as if allotted or 

19 reallotted under subsection (a)(1) as a cap20 italization grant under such subsection; 

21 and 

22 ‘‘(ii) deposited into the State loan 

23 fund of a State receiving such funds pur24 suant to an agreement entered into pursu25 ant to this subsection. 


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1 ‘‘(B) INDIAN TRIBES.—The Administrator 

shall set aside 11 2 ⁄2 percent of the amounts 

3 made available each fiscal year to carry out this 

4 subsection to make grants to Indian Tribes. 

5 ‘‘(C) OTHER AREAS.—Funds made avail6 able to carry out this subsection shall be allot7 ted to territories described in subsection (j) in 

8 accordance with such subsection. 

9 ‘‘(3) GRANTS.—Notwithstanding any other pro10 vision of this section, funds made available under 

11 this subsection shall be used only for providing 

12 grants for the replacement of lead service lines. 

13 ‘‘(4) PRIORITY.—Each State, Indian Tribe, and 

14 territory that has entered into an agreement pursu15 ant to this subsection shall annually prepare a plan 

16 that identifies the intended uses of the amounts 

17 made available to such State, Indian Tribe, or terri18 tory under this subsection, and any such plan 

19 shall— 

20 ‘‘(A) not be required to comply with sub21 section (b)(3); 

22 ‘‘(B) provide, to the maximum extent prac23 ticable, that priority for the use of funds be 

24 given to projects that replace lead service lines 


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1 serving disadvantaged communities and envi2 ronmental justice communities; and 

3 ‘‘(C) provide, in addition to subparagraph 

4 (B) and to the maximum extent practicable, 

5 that priority for the use of funds be given to 

6 projects that, in carrying out lead service line 

7 replacements, provide job training, apprentice8 ships, or other employment opportunities for 

9 low-income persons and very low-income per10 sons that are located in the area in which the 

11 project is carried out. 

12 ‘‘(5) PLAN FOR REPLACEMENT.—Each State, 

13 Indian Tribe, and territory that has entered into an 

14 agreement pursuant to this subsection shall require 

15 each recipient of funds made available pursuant to 

16 this subsection to submit to the State, Indian Tribe, 

17 or territory a plan to replace all lead service lines in 

18 the applicable public water system within 10 years 

19 of receiving such funds. 

20 ‘‘(6) AMERICAN MADE IRON AND STEEL AND

21 PREVAILING WAGES.—The requirements of para22 graphs (4) and (5) of subsection (a) shall apply to 

23 any project carried out in whole or in part with 

24 funds made available under or pursuant to this sub25 section. 


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1 ‘‘(7) LIMITATION.— 

2 ‘‘(A) PROHIBITION ON PARTIAL LINE RE3 PLACEMENT.—No funds made available pursu4 ant to this subsection may be used for partial 

5 lead service line replacement if, at the conclu6 sion of the service line replacement, drinking 

7 water is delivered through a publicly or pri8 vately owned portion of a lead service line. 

9 ‘‘(B) NO PRIVATE OWNER CONTRIBU10 TION.—Any recipient of funds made available 

11 pursuant to this subsection for lead service line 

12 replacement shall offer to replace any privately 

13 owned portion of any lead service line with re14 spect to which such funds are used at no cost 

15 to the private owner. 

16 ‘‘(8) DISADVANTAGED COMMUNITY ASSIST17 ANCE.—All funds made available pursuant to this 

18 subsection to fund the replacement of lead service 

19 lines may be used to replace lead service lines serv20 ing disadvantaged communities. 

21 ‘‘(9) STATE CONTRIBUTION NOT REQUIRED.— 

22 No agreement entered into pursuant to paragraph 

23 (1) shall require that a State deposit, at any time, 

24 in the applicable State loan fund from State moneys 


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1 any contribution in order to receive funds under this 

2 subsection. 

3 ‘‘(10) REPORT.—The Administrator shall annu4 ally submit to Congress a report that provides— 

5 ‘‘(A) the number of households for which 

6 lead service lines have been replaced using 

7 funds made available by this subsection; 

8 ‘‘(B) the total number of lead service lines 

9 that exist in each State, territory, and area 

10 under the jurisdiction of an Indian Tribe that 

11 has entered into an agreement pursuant to this 

12 subsection; 

13 ‘‘(C) with respect to each project for such 

14 lead service line replacement, data on job train15 ing, apprenticeships, and other employment op16 portunities for persons described in paragraph 

17 (4)(C) under such projects, which shall include 

18 the amount of the funding used to hire such 

19 persons for such project; and 

20 ‘‘(D) any other data determined by the Ad21 ministrator to be useful for purposes of deter22 mining the effect of this subsection with respect 

23 to replacing lead service lines. 

24 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(A) IN GENERAL.—There are authorized 

2 to be appropriated to carry out this subsection 

3 $4,500,000,000 for each of fiscal years 2022 

4 through 2031. Such sums shall remain available 

5 until expended. 

6 ‘‘(B) ADDITIONAL AMOUNTS.—To the ex7 tent amounts authorized to be appropriated 

8 under this subsection in any fiscal year are not 

9 appropriated in that fiscal year, such amounts 

10 are authorized to be appropriated in a subse11 quent fiscal year. Such sums shall remain avail12 able until expended. 

13 ‘‘(12) DEFINITIONS.—For purposes of this sub14 section: 

15 ‘‘(A) DISADVANTAGED COMMUNITY.—The 

16 term ‘disadvantaged community’ has the mean17 ing given such term in subsection (d)(3). 

18 ‘‘(B) ENVIRONMENTAL JUSTICE COMMU19 NITY.—The term ‘environmental justice com20 munity’ means any population of color, commu21 nity of color, indigenous community, or low-in22 come community that experiences a dispropor23 tionate burden of the negative human health 

24 and environmental impacts of pollution or other 

25 environmental hazards. 


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1 ‘‘(C) LEAD SERVICE LINE.—The term 

2 ‘lead service line’ means a pipe and its fittings, 

3 which are not lead free (as defined in section 

4 1417(d)), that connect the drinking water main 

5 to the building inlet. 

6 ‘‘(D) LOW-INCOME PERSON; VERY LOW-IN7 COME PERSON.—The terms ‘low-income person’ 

8 and ‘very low-income person’ have the same 

9 meanings given the terms ‘low-income families’ 

10 and ‘very low-income families’, respectively, in 

11 section 3(b) of the United States Housing Act 

12 of 1937 (42 U.S.C.14 1437a(b)).’’. 

13 (b) CONFORMING AMENDMENT.—Section 

14 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 

15 300j–12(m)(1)) is amended by striking ‘‘(a)(2)(G) and 

16 (t)’’ and inserting ‘‘(a)(2)(G), (t), and (u)’’. 

17 SEC. 13108. DRINKING WATER ASSISTANCE TO COLONIAS. 

18 Section 1456 of the Safe Drinking Water Act (42 

19 U.S.C. 300j–16) is amended— 

20 (1) in subsection (a)— 

21 (A) by redesignating paragraph (2) as 

22 paragraph (3); and 

23 (B) by inserting after paragraph (1) the 

24 following new paragraph: 


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1 ‘‘(2) COVERED ENTITY.—The term ‘covered en2 tity’ means each of the following: 

3 ‘‘(A) A border State. 

4 ‘‘(B) A local government with jurisdiction 

5 over an eligible community.’’; 

6 (2) in subsection (b), by striking ‘‘border 

7 State’’ and inserting ‘‘covered entity’’; 

8 (3) in subsection (d), by striking ‘‘shall not ex9 ceed 50 percent’’ and inserting ‘‘may not be less 

10 than 80 percent’’; and 

11 (4) in subsection (e)— 

12 (A) by striking ‘‘$25,000,000’’ and insert13 ing ‘‘$100,000,000’’; and 

14 (B) by striking ‘‘1997 through 1999’’ and 

15 inserting ‘‘2022 through 2026’’. 

16 SEC. 13109. PFAS TREATMENT GRANTS. 

17 Part E of the Safe Drinking Water Act (42 U.S.C. 

18 300j et seq.) is amended by adding at the end the fol19 lowing new section: 

20 ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS21 TEMS AFFECTED BY PFAS. 

22 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

23 after the date of enactment of this section, the Adminis24 trator shall establish a program to award grants to af25 fected community water systems to pay for capital costs 


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1 associated with the implementation of eligible treatment 

2 technologies. 

3 ‘‘(b) APPLICATIONS.— 

4 ‘‘(1) GUIDANCE.—Not later than 12 months 

5 after the date of enactment of this section, the Ad6 ministrator shall publish guidance describing the 

7 form and timing for community water systems to 

8 apply for grants under this section. 

9 ‘‘(2) REQUIRED INFORMATION.—The Adminis10 trator shall require a community water system ap11 plying for a grant under this section to submit— 

12 ‘‘(A) information showing the presence of a 

13 perfluoroalkyl or polyfluoroalkyl substance in 

14 water of the community water system; and 

15 ‘‘(B) a certification that the treatment 

16 technology in use by the community water sys17 tem at the time of application is not sufficient 

18 to meet all applicable standards, and all appli19 cable health advisories published pursuant to 

20 section 1412(b)(1)(F), for perfluoroalkyl and 

21 polyfluoroalkyl substances. 

22 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH23 NOLOGIES.—Not later than 150 days after the date of en24 actment of this section, and every 2 years thereafter, the 

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1 nologies that the Administrator determines are the most 

2 effective at removing perfluoroalkyl and polyfluoroalkyl 

3 substances from drinking water. 

4 ‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 

5 under this section, the Administrator shall prioritize an 

6 affected community water system that— 

7 ‘‘(1) serves a disadvantaged community; 

8 ‘‘(2) will provide at least a 10-percent cost 

9 share for the cost of implementing an eligible treat10 ment technology; 

11 ‘‘(3) demonstrates the capacity to maintain the 

12 eligible treatment technology to be implemented 

13 using the grant; or 

14 ‘‘(4) is located within an area with respect to 

15 which the Administrator has published a determina16 tion under the first sentence of section 1424(e) re17 lating to an aquifer that is the sole or principal 

18 drinking water source for the area. 

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

21 appropriated to carry out this section $500,000,000 

22 for each of the fiscal years 2022 through 2031. 

23 ‘‘(2) SPECIAL RULE.—Of the amounts author24 ized to be appropriated by paragraph (1), 

25 $25,000,000 are authorized to be appropriated for 


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1 each of fiscal years 2022 and 2023 for grants under 

2 subsection (a) to pay for capital costs associated 

3 with the implementation of eligible treatment tech4 nologies during the period beginning on October 1, 

5 2014, and ending on the date of enactment of this 

6 section. 

7 ‘‘(f) DEFINITIONS.—In this section: 

8 ‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 

9 The term ‘affected community water system’ means 

10 a community water system that is affected by the 

11 presence of a perfluoroalkyl or polyfluoroalkyl sub12 stance in the water in the community water system. 

13 ‘‘(2) DISADVANTAGED COMMUNITY.—The term 

14 ‘disadvantaged community’ has the meaning given 

15 that term in section 1452. 

16 ‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.— 

17 The term ‘eligible treatment technology’ means a 

18 treatment technology included on the list published 

19 under subsection (c).’’. 

20 SEC. 13110. VOLUNTARY SCHOOL AND CHILD CARE PRO21 GRAM LEAD TESTING GRANT PROGRAM. 

22 Section 1464(d)(8) of the Safe Drinking Water Act 

23 (42 U.S.C. 300j–24(d)(8)) is amended by striking ‘‘and 

24 2021’’ and inserting ‘‘through 2031’’. 


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1 SEC. 13111. GRANT PROGRAM FOR INSTALLATION OF FIL2 TRATION STATIONS AT SCHOOLS AND CHILD 

3 CARE PROGRAMS. 

4 Section 1464 of the Safe Drinking Water Act (42 

5 U.S.C. 300j–24) is amended by adding at the end the fol6 lowing: 

7 ‘‘(e) GRANT PROGRAM FOR INSTALLATION AND

8 MAINTENANCE OF FILTRATION STATIONS.— 

9 ‘‘(1) PROGRAM.—The Administrator shall es10 tablish a program to make grants to States to assist 

11 local educational agencies in voluntary installation 

12 and maintenance of filtration stations at schools and 

13 child care programs under the jurisdiction of the 

14 local educational agencies. 

15 ‘‘(2) DIRECT GRANTS TO LOCAL EDUCATIONAL

16 AGENCIES.—The Administrator may make a grant 

17 described in paragraph (1) directly available to— 

18 ‘‘(A) any local educational agency de19 scribed in clause (i) or (iii) of subsection 

20 (d)(1)(B) located in a State that does not par21 ticipate in the program established under para22 graph (1); or 

23 ‘‘(B) any local educational agency de24 scribed in clause (ii) of subsection (d)(1)(B). 


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1 ‘‘(3) USE OF FUNDS.—Grants made under the 

2 program established under this subsection may be 

3 used to pay the costs of— 

4 ‘‘(A) installation and maintenance of filtra5 tion stations at schools and child care pro6 grams; and 

7 ‘‘(B) annual testing of drinking water at 

8 such schools and child care programs following 

9 the installation of filtration stations. 

10 ‘‘(4) PRIORITY.— 

11 ‘‘(A) IN GENERAL.—In making grants 

12 under the program established under this sub13 section, the Administrator shall give priority to 

14 States and local educational agencies that will 

15 assist in voluntary installation and maintenance 

16 of filtration stations at schools and child care 

17 programs that are in low-income areas, includ18 ing low-income areas that have a history of 

19 drinking water lead contamination. 

20 ‘‘(B) OTHER PRIORITIES.—In making 

21 grants under the program established under 

22 this subsection, the Administrator shall, to the 

23 greatest extent feasible, also give priority to 

24 States and local educational agencies that, in 

25 assisting with the installation and maintenance 


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1 of filtration stations pursuant to this sub2 section, will provide job training, apprentice3 ships, or other employment opportunities for 

4 low-income persons and very low-income per5 sons in the area in which the installation and 

6 maintenance takes place. 

7 ‘‘(5) GUIDANCE.—Not later than 180 days 

8 after the date of enactment of this subsection, the 

9 Administrator shall establish guidance to carry out 

10 the program established under this subsection. 

11 ‘‘(6) NO PRIOR TESTING REQUIRED.—The pro12 gram established under this subsection shall not re13 quire testing for lead contamination in drinking 

14 water at schools and child care programs prior to 

15 participation in such program. 

16 ‘‘(7) DEFINITIONS.—In this subsection: 

17 ‘‘(A) CHILD CARE PROGRAM AND LOCAL

18 EDUCATIONAL AGENCY.—The terms ‘child care 

19 program’ and ‘local educational agency’ have 

20 the meaning given such terms in subsection (d). 

21 ‘‘(B) FILTRATION STATION.—The term 

22 ‘filtration station’ means an apparatus that— 

23 ‘‘(i) is connected to building plumb24 ing; 


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1 ‘‘(ii) is certified to the latest version 

2 of NSF/ANSI 53 for lead reduction and 

3 NSF/ANSI 42 for particulate reduction 

4 (Class I) by a certification body accredited 

5 by the American National Standards Insti6 tute National Accreditation Board; 

7 ‘‘(iii) has an indicator to show filter 

8 performance; 

9 ‘‘(iv) can fill bottles or containers for 

10 water consumption; and 

11 ‘‘(v) allows users to drink directly 

12 from a stream of flowing water. 

13 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 this subsection $100,000,000 for each of fiscal years 

16 2022 through 2031.’’. 

17 SEC. 13112. DRINKING WATER FOUNTAIN REPLACEMENT 

18 FOR SCHOOLS. 

19 Section 1465(d) of the Safe Drinking Water Act (42 

20 U.S.C. 300j–25(d)) is amended by striking ‘‘2021’’ and 

21 inserting ‘‘2031’’. 


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1 SEC. 13113. INDIAN RESERVATION DRINKING WATER PRO2 GRAM. 

3 Section 2001(d) of America’s Water Infrastructure 

4 Act of 2018 (Public Law 115–270) is amended by striking 

5 ‘‘2022’’ and inserting ‘‘2031’’. 

6 SEC. 13114. ASSISTANCE FOR AREAS AFFECTED BY NAT7 URAL DISASTERS. 

8 Section 2020 of America’s Water Infrastructure Act 

9 of 2018 (Public Law 115–270) is amended— 

10 (1) in subsection (b)(1), by striking ‘‘subsection 

11 (e)(1)’’ and inserting ‘‘subsection (f)(1)’’; 

12 (2) by redesignating subsections (c) through (e) 

13 as subsections (d) through (f), respectively; 

14 (3) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c) ASSISTANCE FOR TERRITORIES.—The Adminis17 trator may use funds made available under subsection 

18 (f)(1) to make grants to Guam, the Virgin Islands, Amer19 ican Samoa, and the Northern Mariana Islands for the 

20 purposes of providing assistance to eligible systems to re21 store or increase compliance with national primary drink22 ing water regulations.’’; and 

23 (4) in subsection (f), as so redesignated— 

24 (A) in the heading, by striking ‘‘STATE

25 REVOLVING FUND CAPITALIZATION’’; and 

26 (B) in paragraph (1)— 


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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘and to make 

3 grants under subsection (c) of this sec4 tion,’’ before ‘‘to be available’’; and 

5 (ii) in subparagraph (A), by inserting 

6 ‘‘or subsection (c), as applicable’’ after 

7 ‘‘subsection (b)(1)’’. 

8 SEC. 13115. WATER MAIN BREAK DATA CLEARINGHOUSE. 

9 Part B of the Safe Drinking Water Act (42 U.S.C. 

10 300g et seq.) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 1420A. WATER MAIN BREAK DATA CLEARINGHOUSE. 

13 ‘‘(a) ONLINE DATA CLEARINGHOUSE.— 

14 ‘‘(1) ESTABLISHMENT.—Not later than 2 years 

15 after the date of enactment of this section, the Ad16 ministrator shall establish and maintain a publicly 

17 accessible website with a national data clearinghouse 

18 on reported water main breaks and associated repair 

19 activity. 

20 ‘‘(2) CONTENTS.—The website established pur21 suant to paragraph (1) shall present— 

22 ‘‘(A) information submitted to the Admin23 istrator by a public water system under this 

24 section with respect to reported water main 

25 breaks; 


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1 ‘‘(B) aggregate State and national data on 

2 reported water main breaks; and 

3 ‘‘(C) trends in such information and data 

4 over time. 

5 ‘‘(3) UPDATES.—The website established pursu6 ant to paragraph (1) shall be updated at least twice 

7 per year. 

8 ‘‘(b) DEFINITION.—In this section, the term ‘re9 ported water main break’ means the unplanned rupture 

10 or breach of a pipe 6 inches in diameter or more in service 

11 as part of a public water system resulting in water escap12 ing and being reported to the public water system by an 

13 employee or other person. 

14 ‘‘(c) RULE.—Not later than one year after the date 

15 of enactment of this section, the Administrator shall issue 

16 a rule requiring each public water system serving more 

17 than 10,000 persons to submit to the Administrator infor18 mation on each reported water main break in, and the re19 pair activity for such break to be provided by, the public 

20 water system with respect to a calendar year. Such rule 

21 shall— 

22 ‘‘(1) specify the format, content, quality assur23 ance procedure, and method of submission of infor24 mation; 


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1 ‘‘(2) apply to reported water main breaks that 

2 occur in the second calendar year following the date 

3 of enactment of this section and each calendar year 

4 thereafter; 

5 ‘‘(3) allow for the submission, storage, and dis6 play of information in electronic format; 

7 ‘‘(4) allow for the submission of information by 

8 a public water system serving 10,000 or fewer per9 sons submitted on a voluntary basis; 

10 ‘‘(5) allow for submission of any additional in11 formation that may be required of a public water 

12 system by a State regarding reported water main 

13 breaks and repair activity; and 

14 ‘‘(6) require that a summary of the information 

15 submitted be included in a public water system’s an16 nual consumer confidence report required under sec17 tion 1414(c)(4). 

18 ‘‘(d) REPORTED WATER MAIN BREAK AND REPAIR

19 INFORMATION.—The rule issued under subsection (c) 

20 shall require each public water system serving more than 

21 10,000 persons to submit to the Administrator the fol22 lowing information with respect to each reported water 

23 main break in the public water system: 


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1 ‘‘(1) To the extent practicable, the time and 

2 date the reported water main break was reported to 

3 the public water system. 

4 ‘‘(2) The specific location of the reported water 

5 main break. 

6 ‘‘(3) The size, type, age, and bedding material 

7 of the broken water main. 

8 ‘‘(4) The elapsed time from the initial report of 

9 the water main break to the public water system to 

10 the completion of repairs. 

11 ‘‘(5) The amount of water escaping from the 

12 public water system between the time of the report 

13 and the repair, estimated in accordance with ‘Water 

14 Audits and Loss Control Programs, Manual—36’ 

15 (2016) published by the American Water Works As16 sociation or any successor manual. 

17 ‘‘(6) The estimated cost of repairing the re18 ported water main break and associated public infra19 structure, including pavement restoration, and the 

20 cost of any damage to other public or private prop21 erty. 

22 ‘‘(e) ANNUAL REPORT.—Not later than 4 years after 

23 the date of enactment of this section, and annually there24 after, the Administrator shall prepare and make available 

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1 sions by public water systems pursuant to this section. 

2 Such report shall include information and recommenda3 tions concerning the methods and resources needed by 

4 public water systems to reduce the frequency, duration, 

5 and cost of water main breaks.’’. 

6 TITLE II—SAFETY 

7 SEC. 13201. ENABLING EPA TO SET STANDARDS FOR NEW 

8 DRINKING WATER CONTAMINANTS. 

9 (a) IN GENERAL.—Section 1412(b)(6) of the Safe 

10 Drinking Water Act (42 U.S.C. 300g–1(b)(6)) is repealed. 

11 (b) CONFORMING AMENDMENTS.—Section 1412(b) 

12 of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) 

13 is amended— 

14 (1) in paragraph (3)(C)(i)— 

15 (A) by striking ‘‘paragraph (5) or (6)(A)’’ 

16 and inserting ‘‘paragraph (5)’’; and 

17 (B) by striking ‘‘paragraphs (4), (5), and 

18 (6)’’ and inserting ‘‘paragraphs (4) and (5)’’; 

19 and 

20 (2) in paragraph (4)(B), by striking ‘‘para21 graphs (5) and (6)’’ and inserting ‘‘paragraph (5)’’. 


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1 SEC. 13202. NATIONAL PRIMARY DRINKING WATER REGU2 LATIONS FOR PFAS. 

3 Section 1412(b) of the Safe Drinking Water Act (42 

4 U.S.C. 300g–1(b)) is amended by adding at the end the 

5 following: 

6 ‘‘(16) PERFLUOROALKYL AND

7 POLYFLUOROALKYL SUBSTANCES.— 

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

9 after the date of enactment of this paragraph, 

10 the Administrator shall, after notice and oppor11 tunity for public comment, promulgate a na12 tional primary drinking water regulation for 

13 perfluoroalkyl and polyfluoroalkyl substances, 

14 which shall, at a minimum, include standards 

15 for— 

16 ‘‘(i) perfluorooctanoic acid (commonly 

17 referred to as ‘PFOA’); and 

18 ‘‘(ii) perfluorooctane sulfonic acid 

19 (commonly referred to as ‘PFOS’). 

20 ‘‘(B) ALTERNATIVE PROCEDURES.— 

21 ‘‘(i) IN GENERAL.—Not later than 1 

22 year after the validation by the Adminis23 trator of an equally effective quality con24 trol and testing procedure to ensure com25 pliance with the national primary drinking 

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1 paragraph (A) to measure the levels de2 scribed in clause (ii) or other methods to 

3 detect and monitor perfluoroalkyl and 

4 polyfluoroalkyl substances in drinking 

5 water, the Administrator shall add the pro6 cedure or method as an alternative to the 

7 quality control and testing procedure de8 scribed in such national primary drinking 

9 water regulation by publishing the proce10 dure or method in the Federal Register in 

11 accordance with section 1401(1)(D). 

12 ‘‘(ii) LEVELS DESCRIBED.—The levels 

13 referred to in clause (i) are— 

14 ‘‘(I) the level of a perfluoroalkyl 

15 or polyfluoroalkyl substance; 

16 ‘‘(II) the total levels of 

17 perfluoroalkyl and polyfluoroalkyl sub18 stances; and 

19 ‘‘(III) the total levels of organic 

20 fluorine. 

21 ‘‘(C) INCLUSIONS.—The Administrator 

22 may include a perfluoroalkyl or polyfluoroalkyl 

23 substance or class of perfluoroalkyl or 

24 polyfluoroalkyl substances on— 


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1 ‘‘(i) the list of contaminants for con2 sideration of regulation under paragraph 

3 (1)(B)(i), in accordance with such para4 graph; and 

5 ‘‘(ii) the list of unregulated contami6 nants to be monitored under section 

7 1445(a)(2)(B)(i), in accordance with such 

8 section. 

9 ‘‘(D) MONITORING.—When establishing 

10 monitoring requirements for public water sys11 tems as part of a national primary drinking 

12 water regulation under subparagraph (A) or 

13 subparagraph (G)(ii), the Administrator shall 

14 tailor the monitoring requirements for public 

15 water systems that do not detect or are reliably 

16 and consistently below the maximum contami17 nant level (as defined in section 1418(b)(2)(B)) 

18 for the perfluoroalkyl or polyfluoroalkyl sub19 stance or class of perfluoroalkyl or 

20 polyfluoroalkyl substances subject to the na21 tional primary drinking water regulation. 

22 ‘‘(E) HEALTH PROTECTION.—The national 

23 primary drinking water regulation promulgated 

24 under subparagraph (A) shall be protective of 


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1 the health of subpopulations at greater risk, as 

2 described in section 1458. 

3 ‘‘(F) HEALTH RISK REDUCTION AND COST

4 ANALYSIS.—In meeting the requirements of 

5 paragraph (3)(C), the Administrator may rely 

6 on information available to the Administrator 

7 with respect to one or more specific 

8 perfluoroalkyl or polyfluoroalkyl substances to 

9 extrapolate reasoned conclusions regarding the 

10 health risks and effects of a class of 

11 perfluoroalkyl or polyfluoroalkyl substances of 

12 which the specific perfluoroalkyl or 

13 polyfluoroalkyl substances are a part. 

14 ‘‘(G) REGULATION OF ADDITIONAL SUB15 STANCES.— 

16 ‘‘(i) DETERMINATION.—The Adminis17 trator shall make a determination under 

18 paragraph (1)(A), using the criteria de19 scribed in clauses (i) through (iii) of that 

20 paragraph, whether to include a 

21 perfluoroalkyl or polyfluoroalkyl substance 

22 or class of perfluoroalkyl or polyfluoroalkyl 

23 substances in the national primary drink24 ing water regulation under subparagraph 


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1 (A) not later than 18 months after the 

2 later of— 

3 ‘‘(I) the date on which the 

4 perfluoroalkyl or polyfluoroalkyl sub5 stance or class of perfluoroalkyl or 

6 polyfluoroalkyl substances is listed on 

7 the list of contaminants for consider8 ation of regulation under paragraph 

9 (1)(B)(i); and 

10 ‘‘(II) the date on which— 

11 ‘‘(aa) the Administrator has 

12 received the results of monitoring 

13 under section 1445(a)(2)(B) for 

14 the perfluoroalkyl or 

15 polyfluoroalkyl substance or class 

16 of perfluoroalkyl or 

17 polyfluoroalkyl substances; or 

18 ‘‘(bb) the Administrator has 

19 received reliable water data or 

20 water monitoring surveys for the 

21 perfluoroalkyl or polyfluoroalkyl 

22 substance or class of 

23 perfluoroalkyl or polyfluoroalkyl 

24 substances from a Federal or 

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1 trator determines to be of a qual2 ity sufficient to make a deter3 mination under paragraph 

4 (1)(A). 

5 ‘‘(ii) PRIMARY DRINKING WATER REG6 ULATIONS.— 

7 ‘‘(I) IN GENERAL.—For each 

8 perfluoroalkyl or polyfluoroalkyl sub9 stance or class of perfluoroalkyl or 

10 polyfluoroalkyl substances that the 

11 Administrator determines to regulate 

12 under clause (i), the Administrator— 

13 ‘‘(aa) not later than 18 

14 months after the date on which 

15 the Administrator makes the de16 termination, shall propose a na17 tional primary drinking water 

18 regulation for the perfluoroalkyl 

19 or polyfluoroalkyl substance or 

20 class of perfluoroalkyl or 

21 polyfluoroalkyl substances; and 

22 ‘‘(bb) may publish the pro23 posed national primary drinking 

24 water regulation described in 

25 item (aa) concurrently with the 


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1 publication of the determination 

2 to regulate the perfluoroalkyl or 

3 polyfluoroalkyl substance or class 

4 of perfluoroalkyl or 

5 polyfluoroalkyl substances. 

6 ‘‘(II) DEADLINE.— 

7 ‘‘(aa) IN GENERAL.—Not 

8 later than 1 year after the date 

9 on which the Administrator pub10 lishes a proposed national pri11 mary drinking water regulation 

12 under clause (i)(I) and subject to 

13 item (bb), the Administrator 

14 shall take final action on the pro15 posed national primary drinking 

16 water regulation. 

17 ‘‘(bb) EXTENSION.—The 

18 Administrator, on publication of 

19 notice in the Federal Register, 

20 may extend the deadline under 

21 item (aa) by not more than 6 

22 months. 

23 ‘‘(H) HEALTH ADVISORY.— 

24 ‘‘(i) IN GENERAL.—Subject to clause 

25 (ii), the Administrator shall publish a 


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1 health advisory under paragraph (1)(F) for 

2 a perfluoroalkyl or polyfluoroalkyl sub3 stance or class of perfluoroalkyl or 

4 polyfluoroalkyl substances not subject to a 

5 national primary drinking water regulation 

6 not later than 1 year after the later of— 

7 ‘‘(I) the date on which the Ad8 ministrator finalizes a toxicity value 

9 for the perfluoroalkyl or 

10 polyfluoroalkyl substance or class of 

11 perfluoroalkyl or polyfluoroalkyl sub12 stances; and 

13 ‘‘(II) the date on which the Ad14 ministrator validates an effective qual15 ity control and testing procedure for 

16 the perfluoroalkyl or polyfluoroalkyl 

17 substance or class of perfluoroalkyl or 

18 polyfluoroalkyl substances. 

19 ‘‘(ii) WAIVER.—The Administrator 

20 may waive the requirements of clause (i) 

21 with respect to a perfluoroalkyl or 

22 polyfluoroalkyl substance or class of 

23 perfluoroalkyl and polyfluoroalkyl sub24 stances if the Administrator determines 

25 that there is a substantial likelihood that 


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1 the perfluoroalkyl or polyfluoroalkyl sub2 stance or class of perfluoroalkyl or 

3 polyfluoroalkyl substances will not occur in 

4 drinking water with sufficient frequency to 

5 justify the publication of a health advisory, 

6 and publishes such determination, includ7 ing the information and analysis used, and 

8 basis for, such determination, in the Fed9 eral Register.’’. 

10 SEC. 13203. NATIONAL PRIMARY DRINKING WATER REGU11 LATIONS FOR MICROCYSTIN TOXIN. 

12 Section 1412(b) of the Safe Drinking Water Act (42 

13 U.S.C. 300g–1(b)) is further amended by adding at the 

14 end the following: 

15 ‘‘(17) MICROCYSTIN TOXIN.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding any 

17 other deadline established in this subsection, 

18 not later than 2 years after the date of enact19 ment of the Assistance, Quality, and Afford20 ability Act of 2021, the Administrator shall 

21 publish a maximum contaminant level goal and 

22 promulgate a national primary drinking water 

23 regulation for microcystin toxin. 

24 ‘‘(B) HEALTH PROTECTION.—The max25 imum contaminant level goal and national priVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01745 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 mary drinking water regulation promulgated 

2 under subparagraph (A) shall be protective of 

3 the health of subpopulations at greater risk, as 

4 described in section 1458.’’. 

5 SEC. 13204. NATIONAL PRIMARY DRINKING WATER REGU6 LATIONS FOR 1,4–DIOXANE. 

7 Section 1412(b) of the Safe Drinking Water Act (42 

8 U.S.C. 300g–1(b)) is further amended by adding at the 

9 end the following: 

10 ‘‘(18) 1,4–DIOXANE.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding any 

12 other deadline established in this subsection, 

13 not later than 2 years after the date of enact14 ment of the Assistance, Quality, and Afford15 ability Act of 2021, the Administrator shall 

16 publish a maximum contaminant level goal and 

17 promulgate a national primary drinking water 

18 regulation for 1,4–dioxane. 

19 ‘‘(B) HEALTH PROTECTION.—The max20 imum contaminant level goal and national pri21 mary drinking water regulation promulgated 

22 under subparagraph (A) shall be protective of 

23 the health of subpopulations at greater risk, as 

24 described in section 1458.’’. 


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1 SEC. 13205. NATIONAL PRIMARY DRINKING WATER REGU2 LATION FOR CHROMIUM-6. 

3 Section 1412(b) of the Safe Drinking Water Act (42 

4 U.S.C. 300g–1(b)) is further amended by adding at the 

5 end the following: 

6 ‘‘(19) CHROMIUM-6.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding any 

8 other deadline established in this subsection, 

9 not later than 2 years after the date of enact10 ment of the Assistance, Quality, and Afford11 ability Act of 2021, the Administrator shall 

12 publish a maximum contaminant level goal and 

13 promulgate a national primary drinking water 

14 regulation for chromium-6. 

15 ‘‘(B) HEALTH PROTECTION.—The max16 imum contaminant level goal and national pri17 mary drinking water regulation promulgated 

18 under subparagraph (A) shall be protective of 

19 the health of subpopulations at greater risk, as 

20 described in section 1458.’’. 

21 SEC. 13206. ELIMINATION OF SMALL SYSTEM VARIANCES. 

22 (a) SMALL SYSTEM VARIANCES.—Section 1415 (42 

23 U.S.C. 300g–4) of the Safe Drinking Water Act is amend24 ed by striking subsection (e). 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 1412(b)(15) of the Safe Drinking 

2 Water Act (42 U.S.C. 300g–1(b)(15)) is amended by 

3 striking subparagraph (D). 

4 (2) Section 1414(c)(1)(B) of the Safe Drinking 

5 Water Act (42 U.S.C. 300g–3(c)(1)(B)) is amended 

6 by striking ‘‘, (a)(2), or (e)’’ and inserting ‘‘or 

7 (a)(2)’’. 

8 (3) Section 1416(b)(2) of the Safe Drinking 

9 Water Act (42 U.S.C. 300g–5(b)(2)) is amended by 

10 striking subparagraph (D). 

11 (4) Section 1445(h) of the Safe Drinking Water 

12 Act (42 U.S.C. 300j–4(h)) is amended— 

13 (A) by striking ‘‘sections 1412(b)(4)(E) 

14 and 1415(e) (relating to small system variance 

15 program)’’ and inserting ‘‘section 

16 1412(b)(4)(E)’’; and 

17 (B) by striking ‘‘guidance under sections 

18 1412(b)(4)(E) and 1415(e)’’ and inserting 

19 ‘‘guidance under section 1412(b)(4)(E)’’. 

20 TITLE III—AFFORDABILITY 

21 SEC. 13301. EMERGENCY RELIEF PROGRAM. 

22 Part F of the Safe Drinking Water Act (42 U.S.C. 

23 300j–21 et seq.) is amended by adding at the end the fol24 lowing new section: 


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1 ‘‘SEC. 1466. EMERGENCY RELIEF PROGRAM. 

2 ‘‘(a) EMERGENCY RELIEF PROGRAM.—The Adminis3 trator shall establish and carry out a residential emer4 gency relief program to provide payments to public water 

5 systems to reimburse such public water systems for pro6 viding forgiveness of arrearages and fees incurred by eligi7 ble residential customers before the date of enactment of 

8 this section to help such eligible residential customers re9 tain, or reconnect or restore, water service. 

10 ‘‘(b) CONDITIONS.—To receive funds under this sec11 tion, a public water system shall agree to— 

12 ‘‘(1) except as otherwise provided in this sec13 tion, use such funds to forgive all arrearages and 

14 fees relating to nonpayment or arrearages incurred 

15 by eligible residential customers before the date of 

16 enactment of this section; 

17 ‘‘(2) if forgiveness of all arrearages and fees de18 scribed in paragraph (1) is not possible given the 

19 amount of funds received, except as otherwise pro20 vided in this section, use such funds to reduce such 

21 arrearages and fees for each eligible residential cus22 tomer by, to the extent practicable, a consistent per23 centage; 

24 ‘‘(3) take no action that negatively affects the 

25 credit score of an eligible residential customer, or 

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1 gible residential customer, during the 5-year period 

2 that begins on the date on which the public water 

3 system receives such funds; 

4 ‘‘(4) not disconnect or interrupt, or leave dis5 connected or interrupted, where feasible, the service 

6 of any eligible residential customer as a result of 

7 nonpayment or arrearages during such 5-year pe8 riod; and 

9 ‘‘(5) provide to the Administrator such informa10 tion as the Administrator determines appropriate. 

11 ‘‘(c) ELIGIBLE CUSTOMERS.—To be eligible for for12 giveness or reduction of arrearages and fees pursuant to 

13 the program established under subsection (a), a residential 

14 customer of a public water system shall have accrued new 

15 arrearages on or after March 1, 2020. 

16 ‘‘(d) RECONNECTION EXPENSES.—The Adminis17 trator, or a State that is, pursuant to subsection (e), im18 plementing the program established under subsection (a), 

19 may authorize a public water system receiving funds under 

20 this section to use up to 5 percent of such funds for ex21 penses relating to reconnecting or restoring water service, 

22 including expenses relating to plumbing repairs and pipe 

23 flushing, as needed, for eligible residential customers. 

24 ‘‘(e) ADMINISTRATIVE EXPENSES.—The Adminis25 trator may authorize— 


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1 ‘‘(1) States to implement the program estab2 lished under subsection (a); and 

3 ‘‘(2) a State implementing such program to use 

4 up to 4 percent of funds made available to carry out 

5 such program in such State for administrative ex6 penses. 

7 ‘‘(f) SUBMISSIONS TO CONGRESS.—Not later than 

8 180 days after the date of enactment of this section, and 

9 every other month thereafter until all amounts made avail10 able under this section are expended, the Administrator 

11 shall submit to the Committee on Energy and Commerce 

12 of the House of Representatives and the Committee on 

13 Environment and Public Works of the Senate a report 

14 that describes— 

15 ‘‘(1) each public water system that received a 

16 payment under or pursuant to this section; 

17 ‘‘(2) the total amount of each payment provided 

18 under or pursuant to this section; 

19 ‘‘(3) for each public water system receiving a 

20 payment under or pursuant to this section— 

21 ‘‘(A) the amount of arrearages and fees 

22 forgiven or reduced; 

23 ‘‘(B) the number of eligible residential cus24 tomers benefitting from forgiveness or reduction 

25 of arrearages and fees under this section; 


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1 ‘‘(C) the amount of arrearages and fees of 

2 customers described in subparagraph (B) in3 curred before the date of enactment of this sec4 tion that remain outstanding; 

5 ‘‘(D) the number of eligible residential cus6 tomers that did not benefit from forgiveness or 

7 reduction of arrearages and fees under this sec8 tion; and 

9 ‘‘(E) the amount of arrearages and fees of 

10 customers described in subparagraph (D) in11 curred before the date of enactment of this sec12 tion that remain outstanding; and 

13 ‘‘(4) a summary of any other information pro14 vided to the Administrator by public water systems 

15 that receive a payment pursuant to this section. 

16 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to carry out this section 

18 $4,000,000,000, to remain available until expended.’’. 

19 SEC. 13302. LOW-INCOME DRINKING WATER ASSISTANCE 

20 PROGRAM. 

21 Part E of the Safe Drinking Water Act (42 U.S.C. 

22 300j et seq.) is further amended by adding at the end the 

23 following: 


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1 ‘‘SEC. 1459F. LOW-INCOME DRINKING WATER ASSISTANCE 

2 PROGRAM. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en5 tity’ means— 

6 ‘‘(A) a community water system that is 

7 owned or operated by a municipality, other than 

8 a small community-serving water system; or 

9 ‘‘(B) a State, with respect to a small com10 munity-serving water system located in the 

11 State. 

12 ‘‘(2) HOUSEHOLD.—The term ‘household’ 

13 means any individual or group of individuals who 

14 are living together as 1 economic unit. 

15 ‘‘(3) LOCAL DRINKING WATER ACCESS PRO16 GRAM.—The term ‘local drinking water access pro17 gram’ means a program developed or implemented 

18 by an eligible entity using a grant awarded under 

19 this section. 

20 ‘‘(4) LOW-INCOME HOUSEHOLD.—The term 

21 ‘low-income household’ means a household— 

22 ‘‘(A) in which 1 or more individuals are re23 ceiving— 

24 ‘‘(i) assistance under a State program 

25 funded under part A of title IV of the So26 cial Security Act (42 U.S.C. 601 et seq.); 


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1 ‘‘(ii) supplemental security income 

2 payments under title XVI of the Social Se3 curity Act (42 U.S.C. 1381 et seq.); 

4 ‘‘(iii) supplemental nutrition assist5 ance program benefits under the Food and 

6 Nutrition Act of 2008 (7 U.S.C. 2011 et 

7 seq.); or 

8 ‘‘(iv) payments under— 

9 ‘‘(I) section 1315, 1521, 1541, or 

10 1542 of title 38, United States Code; 

11 or 

12 ‘‘(II) section 306 of the Veterans’ 

13 and Survivors’ Pension Improvement 

14 Act of 1978 (38 U.S.C. 1521 note; 

15 Public Law 95–588); or 

16 ‘‘(B) that has an income that— 

17 ‘‘(i) as determined by the State in 

18 which the household is located, does not 

19 exceed the greater of— 

20 ‘‘(I) an amount equal to 150 per21 cent of the poverty level; and 

22 ‘‘(II) an amount equal to 60 per23 cent of the State median income for 

24 that State; or 


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1 ‘‘(ii) does not exceed an amount, de2 termined by an eligible entity receiving a 

3 grant under this section, that— 

4 ‘‘(I) is lower that the amount de5 scribed in clause (i); and 

6 ‘‘(II) is greater than or equal to 

7 110 percent of the poverty level. 

8 ‘‘(5) POVERTY LEVEL.—The term ‘poverty 

9 level’ means, with respect to a household in a State, 

10 the income described in the poverty guidelines issued 

11 by the Secretary of Health and Human Services 

12 pursuant to section 673 of the Community Services 

13 Block Grant Act (42 U.S.C. 9902), as applicable to 

14 the household. 

15 ‘‘(6) SMALL COMMUNITY-SERVING WATER SYS16 TEM.—The term ‘small community-serving water 

17 system’ means a community water system that pro18 vides drinking water services to a municipality or 

19 unincorporated area with a population of fewer than 

20 10,000 residents, at least 20 percent of whom are at 

21 or below the poverty level. 

22 ‘‘(7) STATE MEDIAN INCOME.—The term ‘State 

23 median income’ has the meaning given that term in 

24 section 2603 of the Low-Income Home Energy As25 sistance Act of 1981 (42 U.S.C. 8622). 


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1 ‘‘(b) ESTABLISHMENT.— 

2 ‘‘(1) IN GENERAL.—The Administrator shall es3 tablish a Federal low-income drinking water assist4 ance program to award grants to eligible entities to 

5 develop and implement local drinking water access 

6 programs to assist low-income households in main7 taining access to affordable drinking water. 

8 ‘‘(2) REQUIREMENTS FOR SMALL COMMUNITY9 SERVING WATER SYSTEMS.—In order for a State to 

10 be eligible to receive a grant under this section for 

11 a small community-serving water system, the State 

12 and the small community-serving water system shall 

13 enter into a memorandum of understanding, under 

14 which the State shall— 

15 ‘‘(A) submit to the Administrator an appli16 cation under paragraph (6) for the small com17 munity-serving water system; and 

18 ‘‘(B) on receipt of a grant under this sec19 tion, develop and implement a local drinking 

20 water access program for the small community21 serving water system. 

22 ‘‘(3) LIMITATIONS.—A grant awarded under 

23 this subsection— 

24 ‘‘(A) shall not be used to replace funds for 

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1 income households in maintaining access to af2 fordable drinking water; but 

3 ‘‘(B) may be used to supplement or en4 hance such a local program. 

5 ‘‘(4) TERM.—The term of a grant awarded 

6 under this subsection shall be one year. 

7 ‘‘(5) MINIMUM LOCAL PROGRAM REQUIRE8 MENTS.— 

9 ‘‘(A) IN GENERAL.—Not later than 6 

10 months after the date of enactment of this sec11 tion, the Administrator shall develop, in con12 sultation with relevant stakeholders, the min13 imum requirements for a local drinking water 

14 access program. 

15 ‘‘(B) INCLUSIONS.—The local drinking 

16 water access program requirements developed 

17 under subparagraph (A) may include— 

18 ‘‘(i) direct financial assistance; 

19 ‘‘(ii) a lifeline rate; 

20 ‘‘(iii) bill discounting; 

21 ‘‘(iv) special hardship provisions; 

22 ‘‘(v) a percentage-of-income payment 

23 plan; 

24 ‘‘(vi) water efficiency assistance, in25 cluding subsidizing the cost of the installaVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01757 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tion of water efficient fixtures or leak re2 pair work that is carried out or contracted 

3 by a homeowner; or 

4 ‘‘(vii) any other form of assistance 

5 identified by the Administrator. 

6 ‘‘(6) APPLICATION.— 

7 ‘‘(A) IN GENERAL.—To receive a grant 

8 under this subsection, an eligible entity shall 

9 submit to the Administrator an application that 

10 demonstrates that— 

11 ‘‘(i) the proposed local drinking water 

12 access program meets the requirements de13 veloped under paragraph (5); and 

14 ‘‘(ii) the proposed local drinking water 

15 access program will treat households that 

16 live in owner-occupied homes and house17 holds that live in rental housing equitably. 

18 ‘‘(B) ADDITIONAL REQUIREMENTS.—In 

19 the case of an eligible entity described in sub20 section (a)(1)(A), to receive a grant under this 

21 subsection, the eligible entity shall include in an 

22 application submitted under subparagraph (A) 

23 information demonstrating that— 

24 ‘‘(i) the eligible entity has— 


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1 ‘‘(I) a long-term financial plan 

2 based on an analysis of the rates the 

3 applicable community water system 

4 charges for drinking water services; 

5 ‘‘(II) an asset management plan; 

6 ‘‘(III) a capital improvement plan 

7 with a period of not less than 20 

8 years; 

9 ‘‘(IV) a fiscal management plan; 

10 or 

11 ‘‘(V) another plan similar to the 

12 plans described in subclauses (I) 

13 through (IV); 

14 ‘‘(ii) a grant awarded under this sub15 section would support the efforts of the eli16 gible entity to generate the necessary funds 

17 to achieve or maintain compliance with this 

18 Act while mitigating the cost to low-income 

19 households; and 

20 ‘‘(iii) the eligible entity has the capac21 ity to create and implement an effective 

22 community outreach plan to inform low-in23 come households of the local drinking 

24 water access program and assist with en25 rollment. 


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1 ‘‘(7) PRIORITY.—In awarding grants under this 

2 subsection, the Administrator shall give priority to 

3 applications for local drinking water access pro4 grams with respect to which— 

5 ‘‘(A) the owner or operator of the applica6 ble community water system— 

7 ‘‘(i) owns or operates a— 

8 ‘‘(I) treatment works (as defined 

9 in section 212 of the Federal Water 

10 Pollution Control Act (33 U.S.C. 

11 1292)) for municipal waste; or 

12 ‘‘(II) a municipal separate storm 

13 sewer system (as such term is used in 

14 the Federal Water Pollution Control 

15 Act); and 

16 ‘‘(ii) is subject to a consent decree re17 lating to compliance with the Federal 

18 Water Pollution Control Act (33 U.S.C. 

19 1251 et seq.) with respect to a treatment 

20 works or system described in clause (i); 

21 ‘‘(B) the residential customers of the appli22 cable community water system have experienced 

23 rate or fee increases for drinking water services 

24 or wastewater services (including stormwater 

25 services) of 30 percent or more during the 3- 


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1 year period ending on the date of enactment of 

2 this section; or 

3 ‘‘(C) the eligible entity will provide match4 ing funds in an amount equal to or greater 

5 than the amount of the grant. 

6 ‘‘(8) REPORTING REQUIREMENTS.— 

7 ‘‘(A) IN GENERAL.—As a condition of re8 ceiving a grant under this subsection, an eligi9 ble entity shall submit to the Administrator, in 

10 a manner determined by the Administrator, in11 formation regarding the applicable local drink12 ing water access program, including— 

13 ‘‘(i) key features, including— 

14 ‘‘(I) rate structures, rebates, dis15 counts, and related initiatives that as16 sist low-income households; 

17 ‘‘(II) billing methods that aver18 age rates over the course of a year, 

19 known as ‘budget billing’; 

20 ‘‘(III) bill timing; and 

21 ‘‘(IV) procedures that ensure 

22 that households receive notice and an 

23 opportunity to respond before service 

24 is disconnected or interrupted due to 

25 nonpayment; 


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1 ‘‘(ii) sources of funding; 

2 ‘‘(iii) eligibility criteria; 

3 ‘‘(iv) participation rates by house4 holds; 

5 ‘‘(v) the average amount of assistance 

6 provided to low-income households that 

7 participate in the program; 

8 ‘‘(vi) program costs; 

9 ‘‘(vii) the demonstrable impacts of the 

10 program on arrearage and service dis11 connection for low-income households that 

12 participate in the program, based on data 

13 from before and after the implementation 

14 of the program, to the maximum extent 

15 practicable; and 

16 ‘‘(viii) other relevant information re17 quired by the Administrator. 

18 ‘‘(B) PUBLICATION.—The Administrator 

19 shall annually publish a report that compiles 

20 and summarizes the information submitted 

21 under subparagraph (A). 

22 ‘‘(9) ASSISTANCE EXEMPT FROM TAXATION.— 

23 Notwithstanding any other provision of law, assist24 ance provided to a low-income household under a 

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1 cludible in the gross income of the recipient of such 

2 assistance for purposes of the Internal Revenue 

3 Code of 1986. 

4 ‘‘(c) TECHNICAL ASSISTANCE.—The Administrator 

5 shall provide technical assistance to each eligible entity 

6 that receives a grant under this section to ensure— 

7 ‘‘(1) full implementation of the applicable local 

8 drinking water access program; and 

9 ‘‘(2) maximum enrollment of low-income house10 holds in the applicable local drinking water access 

11 program, including through— 

12 ‘‘(A) community outreach campaigns; or 

13 ‘‘(B) coordination with local health depart14 ments to determine the eligibility of households 

15 for assistance. 

16 ‘‘(d) REPORT.—Not later than 2 years after the date 

17 on which grant funds are first disbursed to an eligible enti18 ty under this section, and annually thereafter, the Admin19 istrator shall submit to Congress a report on the results 

20 of the Federal program established under this section. 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to carry out this section 

23 $4,000,000,000, to remain available until expended.’’. 


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1 SEC. 13303. LOW-INCOME WASTEWATER ASSISTANCE PRO2 GRAM. 

3 Title I of the Federal Water Pollution Control Act 

4 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 124. LOW-INCOME WASTEWATER ASSISTANCE PRO7 GRAM. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) COVERED FACILITY.—The term ‘covered 

10 facility’ means— 

11 ‘‘(A) a treatment works for municipal 

12 waste; or 

13 ‘‘(B) a municipal separate storm sewer 

14 system. 

15 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means— 

17 ‘‘(A) a municipality that owns or operates 

18 a covered facility, other than a small commu19 nity-serving wastewater facility; 

20 ‘‘(B) 2 or more municipalities described in 

21 subparagraph (A) that have entered into a part22 nership agreement or a cooperative agreement; 

23 or 

24 ‘‘(C) a State, with respect to a small com25 munity-serving wastewater facility located in 

26 the State. 


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1 ‘‘(3) HOUSEHOLD.—The term ‘household’ 

2 means any individual or group of individuals who 

3 are living together as 1 economic unit. 

4 ‘‘(4) LOCAL WASTEWATER SERVICES ACCESS

5 PROGRAM.—The term ‘local wastewater services ac6 cess program’ means a program developed or imple7 mented by an eligible entity using a grant awarded 

8 under this section. 

9 ‘‘(5) LOW-INCOME HOUSEHOLD.—The term 

10 ‘low-income household’ means a household— 

11 ‘‘(A) in which 1 or more individuals are re12 ceiving— 

13 ‘‘(i) assistance under a State program 

14 funded under part A of title IV of the So15 cial Security Act (42 U.S.C. 601 et seq.); 

16 ‘‘(ii) supplemental security income 

17 payments under title XVI of the Social Se18 curity Act (42 U.S.C. 1381 et seq.); 

19 ‘‘(iii) supplemental nutrition assist20 ance program benefits under the Food and 

21 Nutrition Act of 2008 (7 U.S.C. 2011 et 

22 seq.); or 

23 ‘‘(iv) payments under— 


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1 ‘‘(I) section 1315, 1521, 1541, or 

2 1542 of title 38, United States Code; 

3 or 

4 ‘‘(II) section 306 of the Veterans’ 

5 and Survivors’ Pension Improvement 

6 Act of 1978 (38 U.S.C. 1521 note; 

7 Public Law 95–588); or 

8 ‘‘(B) that has an income that— 

9 ‘‘(i) as determined by the State in 

10 which the household is located, does not 

11 exceed the greater of— 

12 ‘‘(I) an amount equal to 150 per13 cent of the poverty level; and 

14 ‘‘(II) an amount equal to 60 per15 cent of the State median income for 

16 that State; or 

17 ‘‘(ii) does not exceed an amount, de18 termined by an eligible entity receiving a 

19 grant under this section, that— 

20 ‘‘(I) is lower that the amount de21 scribed in clause (i); and 

22 ‘‘(II) is greater than or equal to 

23 110 percent of the poverty level. 

24 ‘‘(6) POVERTY LEVEL.—The term ‘poverty 

25 level’ means, with respect to a household in a State, 


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1 the income described in the poverty guidelines issued 

2 by the Secretary of Health and Human Services 

3 pursuant to section 673 of the Community Services 

4 Block Grant Act (42 U.S.C. 9902), as applicable to 

5 the household. 

6 ‘‘(7) SMALL COMMUNITY-SERVING WASTE7 WATER FACILITY.—The term ‘small community-serv8 ing wastewater facility’ means a covered facility that 

9 provides services to municipality with a population 

10 of fewer than 10,000 residents, at least 20 percent 

11 of whom are at or below the poverty level. 

12 ‘‘(8) STATE MEDIAN INCOME.—The term ‘State 

13 median income’ has the meaning given that term in 

14 section 2603 of the Low-Income Home Energy As15 sistance Act of 1981 (42 U.S.C. 8622). 

16 ‘‘(b) ESTABLISHMENT.— 

17 ‘‘(1) IN GENERAL.—The Administrator shall es18 tablish a Federal low-income wastewater assistance 

19 program to award grants to eligible entities to de20 velop and implement local wastewater access pro21 grams to assist low-income households in maintain22 ing access to affordable wastewater services, includ23 ing municipal stormwater services. 

24 ‘‘(2) REQUIREMENTS FOR SMALL COMMUNITY25 SERVING WASTEWATER FACILITIES.—In order for a 


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1 State to be eligible to receive a grant under this sec2 tion for a small community-serving wastewater facil3 ity, the State and the small community-serving 

4 wastewater facility shall enter into a memorandum 

5 of understanding, under which the State shall— 

6 ‘‘(A) submit to the Administrator an appli7 cation under paragraph (6) for the small com8 munity-serving wastewater facility; and 

9 ‘‘(B) on receipt of a grant under this sec10 tion, develop and implement a local wastewater 

11 access program for the small community-serv12 ing wastewater facility. 

13 ‘‘(3) LIMITATIONS.—A grant awarded under 

14 this subsection— 

15 ‘‘(A) shall not be used to replace funds for 

16 any existing similar local program to assist low17 income households in maintaining access to af18 fordable wastewater services, including munic19 ipal stormwater services; but 

20 ‘‘(B) may be used to supplement or en21 hance such a local program. 

22 ‘‘(4) TERM.—The term of a grant awarded 

23 under this subsection shall be one year. 

24 ‘‘(5) MINIMUM LOCAL PROGRAM REQUIRE25 MENTS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 6 

2 months after the date of enactment of this sec3 tion, the Administrator shall develop, in con4 sultation with relevant stakeholders, the min5 imum requirements for a local wastewater ac6 cess program. 

7 ‘‘(B) INCLUSIONS.—The local wastewater 

8 access program requirements developed under 

9 subparagraph (A) may include— 

10 ‘‘(i) direct financial assistance; 

11 ‘‘(ii) a lifeline rate; 

12 ‘‘(iii) bill discounting; 

13 ‘‘(iv) special hardship provisions; 

14 ‘‘(v) a percentage-of-income payment 

15 plan; 

16 ‘‘(vi) water efficiency assistance, in17 cluding subsidizing the cost of the installa18 tion of water efficient fixtures or leak re19 pair work that is carried out or contracted 

20 by a homeowner; or 

21 ‘‘(vii) any other form of assistance 

22 identified by the Administrator. 

23 ‘‘(6) APPLICATION.— 

24 ‘‘(A) IN GENERAL.—To receive a grant 

25 under this subsection, an eligible entity shall 


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1 submit to the Administrator an application that 

2 demonstrates that— 

3 ‘‘(i) the proposed local wastewater ac4 cess program meets the requirements de5 veloped under paragraph (5); and 

6 ‘‘(ii) the proposed local wastewater ac7 cess program will treat households that live 

8 in owner-occupied homes and households 

9 that live in rental housing equitably. 

10 ‘‘(B) ADDITIONAL REQUIREMENTS.—In 

11 the case of an eligible entity described in sub12 section (a)(1)(A), to receive a grant under this 

13 subsection, the eligible entity shall include in an 

14 application submitted under subparagraph (A) 

15 information demonstrating that— 

16 ‘‘(i) the eligible entity has— 

17 ‘‘(I) a long-term financial plan 

18 based on an analysis of the rates the 

19 applicable covered facility charges for 

20 services; 

21 ‘‘(II) an asset management plan; 

22 ‘‘(III) a capital improvement plan 

23 with a period of not less than 20 

24 years; 


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1 ‘‘(IV) a fiscal management plan; 

2 or 

3 ‘‘(V) another plan similar to the 

4 plans described in subclauses (I) 

5 through (IV); 

6 ‘‘(ii) a grant awarded under this sub7 section would support the efforts of the eli8 gible entity to generate the necessary funds 

9 to achieve or maintain compliance with this 

10 Act while mitigating the cost to low-income 

11 households; and 

12 ‘‘(iii) the eligible entity has the capac13 ity to create and implement an effective 

14 community outreach plan to inform low-in15 come households of the local wastewater 

16 access program and assist with enrollment. 

17 ‘‘(7) PRIORITY.—In awarding grants under this 

18 subsection, the Administrator shall give priority to 

19 applications for local wastewater access programs 

20 with respect to which— 

21 ‘‘(A) the applicable covered facility is sub22 ject to a consent decree relating to compliance 

23 with this Act; 

24 ‘‘(B) the residential customers of the appli25 cable covered facility have experienced rate or 


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1 fee increases for drinking water services or 

2 wastewater services (including stormwater serv3 ices) of 30 percent or more during the 3-year 

4 period ending on the date of enactment of this 

5 section; 

6 ‘‘(C) the eligible entity develops an equiva7 lent program, as determined by the Adminis8 trator, that is administered separately by the el9 igible entity; 

10 ‘‘(D) matching funds will be provided in an 

11 amount equal to or greater than the amount of 

12 the grant; or 

13 ‘‘(E) the eligible entity is described in sub14 section (a)(2)(B). 

15 ‘‘(8) REPORTING REQUIREMENTS.— 

16 ‘‘(A) IN GENERAL.—As a condition of re17 ceiving a grant under this subsection, an eligi18 ble entity shall submit to the Administrator, in 

19 a manner determined by the Administrator, in20 formation regarding the applicable local waste21 water access program, including— 

22 ‘‘(i) key features, including— 

23 ‘‘(I) rate structures, rebates, dis24 counts, and related initiatives that as25 sist low-income households; 


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1 ‘‘(II) billing methods that aver2 age rates over the course of a year, 

3 known as ‘budget billing’; and 

4 ‘‘(III) bill timing; 

5 ‘‘(ii) sources of funding; 

6 ‘‘(iii) eligibility criteria; 

7 ‘‘(iv) participation rates by house8 holds; 

9 ‘‘(v) the average amount of assistance 

10 provided to low-income households that 

11 participate in the program; 

12 ‘‘(vi) program costs; 

13 ‘‘(vii) the demonstrable impacts of the 

14 program on arrearage and service dis15 connection for low-income households that 

16 participate in the program, based on data 

17 from before and after the implementation 

18 of the program, to the maximum extent 

19 practicable; and 

20 ‘‘(viii) other relevant information re21 quired by the Administrator. 

22 ‘‘(B) PUBLICATION.—The Administrator 

23 shall annually publish a report that compiles 

24 and summarizes the information submitted 

25 under subparagraph (A). 


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1 ‘‘(9) ASSISTANCE EXEMPT FROM TAXATION.— 

2 Notwithstanding any other provision of law, assist3 ance provided to a low-income household under a 

4 local wastewater access program shall not be includ5 ible in the gross income of the recipient of such as6 sistance for purposes of the Internal Revenue Code 

7 of 1986. 

8 ‘‘(c) TECHNICAL ASSISTANCE.—The Administrator 

9 shall provide technical assistance to each eligible entity 

10 that receives a grant under this section to ensure— 

11 ‘‘(1) full implementation of the applicable local 

12 wastewater access program; and 

13 ‘‘(2) maximum enrollment of low-income house14 holds in the applicable local wastewater access pro15 gram, including through— 

16 ‘‘(A) community outreach campaigns; or 

17 ‘‘(B) coordination with local health depart18 ments to determine the eligibility of households 

19 for assistance. 

20 ‘‘(d) REPORT.—Not later than 2 years after the date 

21 on which grant funds are first disbursed to an eligible enti22 ty under this section, and annually thereafter, the Admin23 istrator shall submit to Congress a report on the results 

24 of the Federal program established under this section. 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated carry out this section 

3 $4,000,000,000, to remain available until expended.’’. 

4 SEC. 13304. NEEDS ASSESSMENT FOR NATIONWIDE RURAL 

5 AND URBAN LOW-INCOME COMMUNITY 

6 WATER ASSISTANCE PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (2) HOUSEHOLD.—The term ‘‘household’’ 

12 means any individual or group of individuals who 

13 are living together as 1 economic unit. 

14 (3) LOW-INCOME HOUSEHOLD.—The term 

15 ‘‘low-income household’’ means a household— 

16 (A) in which 1 or more individuals are re17 ceiving— 

18 (i) assistance under a State program 

19 funded under part A of title IV of the So20 cial Security Act (42 U.S.C. 601 et seq.); 

21 (ii) supplemental security income pay22 ments under title XVI of the Social Secu23 rity Act (42 U.S.C. 1381 et seq.); 

24 (iii) supplemental nutrition assistance 

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1 trition Act of 2008 (7 U.S.C. 2011 et 

2 seq.); 

3 (iv) payments under— 

4 (I) section 1315, 1521, 1541, or 

5 of title 38, United States Code; or 

6 (II) section 306 of the Veterans’ 

7 and Survivors’ Pension Improvement 

8 Act of 1978 (38 U.S.C. 1521 note; 

9 Public Law 95–588); 

10 (v) assistance under the Low Income 

11 Home Energy Assistance Program (42 

12 U.S.C. 8621); or 

13 (vi) assistance under the Women In14 fants and Children program (42 U.S.C. 

15 1786); or 

16 (B) that has an income that as determined 

17 by the State in which the household is located 

18 that is receiving a grant under paragraph 

19 (7)(b), or an eligible wastewater or stormwater 

20 system receiving a grant under paragraph 

21 (7)(b), does not exceed the greater of— 

22 (i) an amount equal to 200 per-cent 

23 of the poverty level; and 

24 (ii) an amount equal to 80 percent of 

25 the area median income. 


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1 (4) POVERTY LEVEL.—The term ‘‘poverty 

2 level’’ means, with respect to a household in a State, 

3 the income described in the poverty guidelines issued 

4 by the Secretary of Health and Human Services 

5 pursuant to section 673 of the Community Services 

6 Block Grant Act (42 U.S.C. 9902), as applicable to 

7 the household. 

8 (5) AREA MEDIAN INCOME.—The term ‘‘area 

9 median income’’ means the unadjusted median in10 come levels by geographic area as determined annu11 ally by the Secretary of Housing and Urban Devel12 opment. 

13 (b) STUDY; REPORT.— 

14 (1) IN GENERAL.—Not later than one year 

15 after the date of enactment of this Act, and annually 

16 thereafter, the Administrator shall conduct, and sub17 mit to Congress a report describing the results of, 

18 a study regarding the prevalence throughout the 

19 United States of low-income households that do not 

20 have access to— 

21 (A) affordable and functional centralized 

22 or onsite wastewater services that protect the 

23 health of individuals in the households; 

24 (B) affordable municipal stormwater serv25 ices; or 


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1 (C) affordable public drinking water serv2 ices to meet household needs. 

3 (2) DATA COLLECTION.—The Administrator 

4 shall collect regularly from community water sys5 tems, treatment works for municipal waste, munic6 ipal separate storm sewer systems, and such other 

7 sources as may be appropriate, for use in the reports 

8 under paragraph (1)— 

9 (A) data, provided by zip code, concerning 

10 arrearages, service disconnections, and other 

11 debt collection activities for low-income house12 holds, including, at minimum, number of dis13 connections for nonpayment, length of dis14 connections, amount of debt at time of dis15 connection, number of households and amount 

16 of debt subject to sale or enforcement of prop17 erty liens, number of households enrolled in an 

18 assistance program, number of eligible house19 holds, benefit levels, and amount of debt reduc20 tion for enrolled households, and number of en21 rolled households reconnected to water service; 

22 (B) revenue collection information from 

23 each community water system, treatment works 

24 for municipal waste, and municipal separate 

25 storm sewer systems, including, at minimum, 


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1 rate design for residential customers, billing fre2 quency, fees and charges included on the bill, 

3 and projected rate increases over the next 5 

4 years; 

5 (C) information regarding customer assist6 ance programs, including any rate structures, 

7 rebates, discounts, billing methods that average 

8 rates over the course of a year, known as 

9 ‘‘budget billing’’, and procedures that ensure 

10 that households receive notice and an oppor11 tunity to dispute charges before service is dis12 connected or interrupted due to nonpayment; 

13 and 

14 (D) other relevant information as deter15 mined by the Administrator. 

16 (3) INCLUSIONS.—The report under paragraph 

17 (1) shall include— 

18 (A) recommendations of the Administrator 

19 regarding the best methods to increase access 

20 to the services described in paragraph (1); 

21 (B) a description of the cost of each meth22 od described in subparagraph (A); 

23 (C) a description of all consultation with 

24 relevant stakeholders carried out in developing 

25 the report; and 


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1 (D) a description of the results of the 

2 study with respect to low-income households 

3 that live in rental housing and do not receive 

4 bills for such services, but pay for the services 

5 indirectly through rent payments. 

6 (4) AGREEMENTS.—The Administrator may 

7 enter into an agreement with another Federal agen8 cy to carry out the study under paragraph (1). 

9 (5) FUNDS TO WATER, WASTEWATER, AND

10 STORMWATER SYSTEMS.—The Administrator may 

11 provide reasonable, one-time grants to owners and 

12 operators of community water systems, treatment 

13 works for municipal waste, and municipal separate 

14 storm sewer systems to modify their billing and data 

15 management systems in order to reliably and regu16 larly generate the data required in this needs assess17 ment. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $150,000,000 to remain available until expended. 

21 SEC. 13305. NATURAL HAZARD EDUCATION AND RESPONSE 

22 GRANT PROGRAM. 

23 Section 1433 of the Safe Drinking Water Act (42 

24 U.S.C. 300i–2) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(i) EDUCATION AND RESPONSE GRANT PRO2 GRAM.— 

3 ‘‘(1) ESTABLISHMENT.—The Administrator 

4 shall establish and implement a program under 

5 which the Administrator may award grants to com6 munity water systems to carry out activities to edu7 cate and assist persons served by the community 

8 water system in adapting and responding to malevo9 lent acts and natural hazards, including sub-zero 

10 temperatures, that disrupt the provision of safe 

11 drinking water or significantly affect the public 

12 health or the safety or supply of drinking water pro13 vided to communities and individuals. 

14 ‘‘(2) PRIORITY.—In awarding grants under this 

15 subsection, the Administrator shall give priority to 

16 community water systems that will use funds to as17 sist senior citizens and low-income homeowners in 

18 adapting and responding to malevolent acts and nat19 ural hazards, including sub-zero temperatures, that 

20 disrupt the provision of safe drinking water or sig21 nificantly affect the public health or the safety or 

22 supply of drinking water provided to communities 

23 and individuals, including by providing funds to 

24 cover the costs of repairing ruptured pipes. 


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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $200,000,000 for each of fiscal years 

4 2022 through 2026.’’. 

5 TITLE IV—OTHER MATTERS 

6 SEC. 13401. SMALL URBAN AND RURAL WATER SYSTEM 

7 CONSOLIDATION REPORT. 

8 (a) REPORT.— 

9 (1) IN GENERAL.—Not later than one year 

10 after the date of enactment of this Act, the Comp11 troller General shall submit to the Committee on 

12 Energy and Commerce of the House of Representa13 tives and the Committee on Environment and Public 

14 Works of the Senate a report on issues relating to 

15 the potential for consolidation of distressed small 

16 water systems. 

17 (2) INCLUSIONS.—The report submitted under 

18 paragraph (1) shall include— 

19 (A) information on— 

20 (i) the amount of debt of covered 

21 small water systems; 

22 (ii) whether the budgets of covered 

23 small water systems are balanced; 


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1 (iii) the degree to which covered small 

2 water systems defer infrastructure im3 provements; 

4 (iv) the degree to which covered small 

5 water systems are not in compliance with 

6 applicable Federal and State water quality 

7 standards; 

8 (v) how rates charged by covered 

9 small water systems for service relate to 

10 the costs for maintenance of, and improve11 ments to, such systems; and 

12 (vi) how the management, financial, 

13 and technical capacity of covered small 

14 water systems affects the ability of such 

15 systems to provide service at affordable 

16 rates; 

17 (B) an evaluation of— 

18 (i) whether covered small water sys19 tem infrastructure is failing, resulting in a 

20 temporary or permanent loss of essential 

21 functions or services; and 

22 (ii) how to prevent covered small 

23 water systems from becoming distressed 

24 small water systems; 


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1 (C) policy recommendations for how Con2 gress may support the consolidation of dis3 tressed small water systems or alternative com4 pliance strategies; and 

5 (D) best practices and guidelines the Ad6 ministrator of the Environmental Protection 

7 Agency may use to assist State and local gov8 ernments with— 

9 (i) facilitating the consolidation of dis10 tressed small water systems; and 

11 (ii) including the public in the process 

12 of such consolidation. 

13 (b) DEFINITIONS.—In this section: 

14 (1) CONSOLIDATION.—The term ‘‘consolida15 tion’’ means, with respect to a public water system, 

16 any of the actions described in subparagraphs (A) 

17 through (D) of section 1414(h)(1) of the Safe 

18 Drinking Water Act (42 U.S.C. 300g–3(h)(1)). 

19 (2) COVERED SMALL WATER SYSTEM.—The 

20 term ‘‘covered small water system’’ means a public 

21 water system that serves— 

22 (A) fewer than 50,000 individuals; and 

23 (B) a disadvantaged community or an en24 vironmental justice community. 


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1 (3) DISADVANTAGED COMMUNITY.—The term 

2 ‘‘disadvantaged community’’ has the meaning given 

3 such term in section 1452(d)(3) of the Safe Drink4 ing Water Act (42 U.S.C. 300j–12(d)(3)). 

5 (4) DISTRESSED SMALL WATER SYSTEM.—The 

6 term ‘‘distressed small water system’’ means a cov7 ered small water system— 

8 (A) that is unable to carry out necessary 

9 maintenance of, and improvements to, such sys10 tem in order to— 

11 (i) comply with applicable Federal and 

12 State water quality standards; or 

13 (ii) provide reliable and affordable 

14 service to customers while complying with 

15 such water quality standards; and 

16 (B) with respect to which consolidation 

17 may be necessary to address the issues de18 scribed in subparagraph (A). 

19 (5) ENVIRONMENTAL JUSTICE COMMUNITY.— 

20 The term ‘‘environmental justice community’’ has 

21 the meaning given such term in section 1452(u)(11) 

22 of the Safe Drinking Water Act. 

23 (6) PUBLIC WATER SYSTEM.—The term ‘‘public 

24 water system’’ has the meaning given such term in 


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1 section 1401 of the Safe Drinking Water Act (42 

2 U.S.C. 300f). 

3 SEC. 13402. STUDY ON CONTAMINATION OF COLDWATER 

4 CREEK, MISSOURI. 

5 (a) IN GENERAL.—The Administrator of the Envi6 ronmental Protection Agency, in coordination with the 

7 Secretary of the Army, the Secretary of Energy, the Ad8 ministrator of the Agency for Toxic Substances and Dis9 ease Registry, and other appropriate Federal agencies, 

10 shall— 

11 (1) undertake a review of prior and ongoing ef12 forts to remediate radiological contamination in the 

13 vicinity of Coldwater Creek in North St. Louis 

14 County, Missouri, associated with historic radio15 logical waste storage near the St. Louis Airport; 

16 (2) consult with State and local agencies, and 

17 representatives of the Coldwater Creek community; 

18 (3) take into consideration the Public Health 

19 Assessment for the Evaluation of Community Expo20 sure Related to Coldwater Creek, dated April 30, 

21 2019, and prepared by the Agency for Toxic Sub22 stances and Disease Registry; and 

23 (4) within 180 days of the date of enactment of 

24 this section, issue a report to Congress on the status 

25 of efforts to reduce or eliminate the potential human 


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1 health impacts from potential exposure to such con2 tamination, including any recommendations for fur3 ther action. 

4 (b) INSTALLATION OF SIGNAGE TO PREVENT POTEN5 TIAL EXPOSURE RISKS.—In accordance with the rec6 ommendations of the Public Health Assessment for the 

7 Evaluation of Community Exposure Related to Coldwater 

8 Creek, the Administrator, in coordination with the Sec9 retary of the Army, shall install signage to inform resi10 dents and visitors of potential exposure risks in areas 

11 around Coldwater Creek where remediation efforts have 

12 not been undertaken or completed. 

13 SEC. 13403. REPORT ON AFFORDABILITY, DISCRIMINATION 

14 AND CIVIL RIGHTS VIOLATIONS, AND DATA 

15 COLLECTION. 

16 (a) STUDY.— 

17 (1) IN GENERAL.—The Comptroller General 

18 shall conduct a study on water and sewer services, 

19 in accordance with this section. 

20 (2) AFFORDABILITY.—In conducting the study 

21 under paragraph (1), the Comptroller General shall 

22 study water affordability nationwide, including— 

23 (A) rates for water and sewer services, in24 creases in such rates during the ten-year period 

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1 connections and interruptions due to unpaid 

2 water service charges; and 

3 (B) the effectiveness of funding under sec4 tion 1452 of the Safe Drinking Water Act (42 

5 U.S.C. 300j–12) and under title VI of the Fed6 eral Water Pollution Control Act (33 U.S.C. 

7 1381 et seq.) for promoting affordable, equi8 table, transparent, and reliable water and sewer 

9 service. 

10 (3) DISCRIMINATION AND CIVIL RIGHTS.—In 

11 conducting the study under paragraph (1), the 

12 Comptroller General, in collaboration with the Civil 

13 Rights Division of the Department of Justice, shall 

14 study— 

15 (A) discriminatory practices of water and 

16 sewer service providers; and 

17 (B) violations by such service providers 

18 that receive Federal assistance of civil rights 

19 under title VI of the Civil Rights Act of 1964 

20 (42 U.S.C. 2000d et seq.) with regard to equal 

21 access to water and sewer services. 

22 (4) DATA COLLECTION.—In conducting the 

23 study under paragraph (1), the Comptroller General 

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1 formation, and evaluate the methodologies used to 

2 collect information, related to— 

3 (A) people living without water or sewer 

4 services; 

5 (B) water service disconnections or inter6 ruptions due to unpaid water service charges, 

7 including disconnections experienced by house8 holds containing children, elderly persons, dis9 abled persons, or chronically ill persons, or 

10 other vulnerable populations; and 

11 (C) disparate effects, on the basis of race, 

12 gender, or socioeconomic status, of water serv13 ice disconnections or interruptions and the lack 

14 of public water and sewer service. 

15 (b) REPORT.—Not later than 1 year after the date 

16 of the enactment of this Act, the Comptroller shall submit 

17 to Congress a report that contains— 

18 (1) the results of the study conducted under 

19 subsection (a); and 

20 (2) recommendations for water and sewer serv21 ice providers, Federal agencies, and States relating 

22 to such results. 


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1 SEC. 13404. WATER INFRASTRUCTURE AND WORKFORCE IN2 VESTMENT. 

3 Section 4304 of the America’s Water Infrastructure 

4 Act of 2018 (42 U.S.C. 300j–19e) is amended— 

5 (1) in subsection (a)(3)— 

6 (A) in subparagraph (A), by inserting 

7 ‘‘Tribal,’’ after ‘‘State,’’; and 

8 (B) by amending subparagraph (B) to read 

9 as follows: 

10 ‘‘(B) institutions of higher education, ap11 prentice programs, high schools, and other com12 munity based organizations, and public works 

13 departments and agencies, to align water and 

14 wastewater utility workforce recruitment ef15 forts, training programs, retention efforts, and 

16 community resources with water and waste17 water utilities to— 

18 ‘‘(i) accelerate career pipelines; 

19 ‘‘(ii) ensure the sustainability of the 

20 water and wastewater utility workforce; 

21 and 

22 ‘‘(iii) provide access to workforce op23 portunities, including for diverse popu24 lations or populations that are underrep25 resented in the water and wastewater util26 ity workforce.’’; and 


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1 (2) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) in the matter preceding subpara4 graph (A), by inserting ‘‘and the Secretary 

5 of Labor’’ after ‘‘the Secretary of Agri6 culture’’; 

7 (ii) in subparagraph (A), by striking 

8 ‘‘; and’’ and inserting ‘‘, which may in9 clude—’’; and 

10 (iii) by inserting after subparagraph 

11 (A) the following: 

12 ‘‘(i) expanding the use and availability 

13 of activities and resources that relate to 

14 the recruitment, including promotion of di15 versity within that recruitment, of individ16 uals to careers in the water and waste17 water utility sector; 

18 ‘‘(ii) expanding the availability of 

19 training opportunities for— 

20 ‘‘(I) individuals entering the 

21 water and wastewater utility sector; 

22 and 

23 ‘‘(II) individuals seeking to ad24 vance careers within the water and 

25 wastewater utility sector; and 


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1 ‘‘(iii) expanding the use and avail2 ability of activities and strategies, includ3 ing the development of innovative activities 

4 and strategies, that relate to the mainte5 nance and retention of a sustainable work6 force in the water and wastewater utility 

7 sector; and’’; 

8 (B) in paragraph (2)— 

9 (i) in the matter preceding subpara10 graph (A), by inserting ‘‘public works de11 partments or agencies,’’ after ‘‘institutions 

12 of higher education,’’; and 

13 (ii) in subparagraph (A)— 

14 (I) in clause (ii), by striking ‘‘; 

15 or’’ and inserting a semicolon; 

16 (II) in clause (iii), by striking ‘‘; 

17 and’’ and inserting ‘‘; or’’; and 

18 (III) by adding at the end the 

19 following: 

20 ‘‘(iv) in the development of edu21 cational or recruitment materials and ac22 tivities, including those materials and ac23 tivities that specifically promote diversity 

24 within recruitment, for the water and 

25 wastewater utility workforce; and’’; 


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1 (C) by redesignating paragraphs (3) and 

2 (4) as paragraphs (4) and (5), respectively, and 

3 inserting after paragraph (2) the following: 

4 ‘‘(3) PRIORITY.—In selecting grant recipients 

5 under paragraph (2), the Administrator shall give 

6 priority to entities that focus on assisting low-income 

7 and very low-income individuals, as well as those in8 dividuals with the most barriers to entry, such as 

9 the recently incarcerated, to enter into careers in the 

10 water and wastewater utility sector.’’; 

11 (D) in paragraph (4) (as so redesig12 nated)— 

13 (i) in subparagraph (C), by inserting 

14 ‘‘, or with high poverty levels,’’ after ‘‘high 

15 unemployment’’; and 

16 (ii) in subparagraph (D)(ii), by insert17 ing ‘‘or certification’’ before ‘‘programs’’; 

18 and 

19 (E) in paragraph (5) (as so redesignated), 

20 by striking ‘‘$1,000,000 for each of fiscal years 

21 2019 and 2020’’ and inserting ‘‘$25,000,000 

22 for each of fiscal years 2022 through 2026’’. 

23 SEC. 13405. IDENTIFICATION OF HIGH-RISK LOCATIONS. 

24 (a) DEVELOPMENT OF GUIDANCE.— 


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1 (1) IN GENERAL.—In accordance with the dead2 line established in subsection (b), the Administrator 

3 of the Environmental Protection Agency shall de4 velop guidance to help public water systems identify 

5 high-risk locations for purposes of focusing efforts 

6 to— 

7 (A) test drinking water for the concentra8 tion of lead in such drinking water; and 

9 (B) replace lead service lines. 

10 (2) USE OF DATA.—The guidance developed 

11 under paragraph (1) shall include information on 

12 how a public water system may use data from the 

13 American Community Survey conducted by the De14 partment of Commerce and, where available, 

15 geospatial data to identify high-risk locations for the 

16 purposes described in subsection (a). 

17 (b) AVAILABILITY OF GUIDANCE.—Not later than 

18 180 days after the date of enactment of this section, the 

19 Administrator of the Environmental Protection Agency 

20 shall— 

21 (1) publish the guidance developed under sub22 section (a) in the Federal Register; and 

23 (2) make such guidance available on a publicly 

24 accessible website. 


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1 (c) REPORT.—Not later than 180 days after the date 

2 of enactment of this section, the Administrator of the En3 vironmental Protection Agency shall submit to the Com4 mittee on Energy and Commerce of the House of Rep5 resentatives and the appropriate committee of the Senate 

6 a report that— 

7 (1) includes the guidance developed under sub8 section (a); 

9 (2) describes the methodology used to develop 

10 such guidance; and 

11 (3) provides information about who was con12 sulted in the development of such guidance. 

13 (d) DEFINITIONS.—In this section: 

14 (1) HIGH-RISK LOCATION.—The term ‘‘high15 risk location’’ means an area— 

16 (A) that is likely to have lead service lines; 

17 and 

18 (B) in which an environmental justice com19 munity is located. 

20 (2) LEAD SERVICE LINE.—The term ‘‘lead serv21 ice line’’ has the meaning given such term in section 

22 1459B(a) of the Safe Drinking Water Act (42 

23 U.S.C. 300j–19b(a)). 

24 (3) PUBLIC WATER SYSTEM.—The term ‘‘public 

25 water system’’ has the meaning given such term in 


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1 section 1401 of the Safe Drinking Water Act (42 

2 U.S.C. 300f). 

3 DIVISION J—OUTDOOR RECRE4 ATION LEGACY PARTNERSHIP 

5 PROGRAM 

6 SEC. 14101. OUTDOORS FOR ALL. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE ENTITY.— 

9 (A) IN GENERAL.—The term ‘‘eligible enti10 ty’’ means— 

11 (i) a State or territory of the United 

12 States; 

13 (ii) a political subdivision of a State 

14 or territory of the United States, includ15 ing— 

16 (I) a city; 

17 (II) a county; and 

18 (III) a special purpose district 

19 that manages open space, including 

20 park districts; and 

21 (iii) an Indian Tribe, or Alaska Native 

22 or Native Hawaiian community or organi23 zation. 

24 (B) POLITICAL SUBDIVISIONS AND INDIAN

25 TRIBES.—A political subdivision of a State or 


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1 territory of the United States or an Indian 

2 Tribe, including Alaska Native or Native Ha3 waiian community organization, shall be consid4 ered an eligible entity only if the political sub5 division or Indian Tribe represents or otherwise 

6 serves a qualifying urban area. 

7 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

8 has the meaning given the term ‘‘Indian tribe’’ in 

9 section 4 of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 5304). 

11 (3) LOW-INCOME.—The term ‘‘low-income com12 munity’’ means any census block group in which 30 

13 percent or more of the population are individuals 

14 with an annual household income equal to, or less 

15 than, the greater of— 

16 (A) an amount equal to 80 percent of the 

17 median income of the area in which the house18 hold is located, as reported by the Department 

19 of Housing and Urban Development; and 

20 (B) 200 percent of the Federal poverty 

21 line. 

22 (4) OUTDOOR RECREATION LEGACY PARTNER23 SHIP PROGRAM.—The term ‘‘Outdoor Recreation 

24 Legacy Partnership Program’’ means the program 

25 established under subsection (b)(1). 


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1 (5) QUALIFYING URBAN AREA.—The term 

2 ‘‘qualifying urban area’’ means an area identified by 

3 the Census Bureau as an area with a population of 

4 30,000 or more in the most recent census. 

5 (6) ELIGIBLE NONPROFIT ORGANIZATION.—The 

6 term ‘‘eligible nonprofit organization’’ means an or7 ganization that is described in section 501(c)(3) of 

8 the Internal Revenue Code of 1986 and is exempt 

9 from tax under section 501(a) of such code. 

10 (7) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (8) STATE.—The term ‘‘State’’ means any state 

13 of the United States or the District of Columbia. 

14 (b) GRANTS AUTHORIZED.— 

15 (1) IN GENERAL.—The Secretary shall establish 

16 an Outdoor Recreation Legacy Partnership Program 

17 under which the Secretary may award grants to eli18 gible entities for projects— 

19 (A) to acquire land and water for parks 

20 and other outdoor recreation purposes in quali21 fying urban areas; and 

22 (B) to develop new or renovate existing 

23 outdoor recreation facilities in qualifying urban 

24 areas. 

25 (2) MATCHING REQUIREMENT.— 


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1 (A) IN GENERAL.—As a condition of re2 ceiving a grant under paragraph (1), an eligible 

3 entity shall provide matching funds in the form 

4 of cash or an in-kind contribution in an amount 

5 equal to not less than 100 percent of the 

6 amounts made available under the grant. 

7 (B) SOURCES.—The matching amounts re8 ferred to in subparagraph (A) may include 

9 amounts made available from State, local, non10 governmental, or private sources. 

11 (C) WAIVER.—The Secretary may waive 

12 all or part of the matching requirement under 

13 subparagraph (A) in underserved or low-income 

14 communities if the Secretary determines that— 

15 (i) no reasonable means are available 

16 through which an applicant can meet the 

17 matching requirement; and 

18 (ii) the probable benefit of such 

19 project outweighs the public interest in 

20 such matching requirement. 

21 (D) ADMINISTRATIVE EXPENSES.—Not 

22 more than 10 percent of funds provided to an 

23 eligible entity may be used for administrative 

24 expenses. 


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1 (c) CONSIDERATIONS.—In awarding grants to eligible 

2 entities, the Secretary will consider the extent to which 

3 a project may— 

4 (1) provide recreation opportunity in under5 served communities where access to parks is not 

6 adequate to meet local needs; 

7 (2) provide opportunities for outdoor education 

8 and public land volunteerism; 

9 (3) support innovative or cost-effective ways to 

10 enhance parks and recreation opportunities or deliv11 ery of services; 

12 (4) support city park and recreation program13 ming, by means including cooperative agreements 

14 with community-based eligible nonprofit organiza15 tions; and 

16 (5) create native event sites or cultural gath17 ering spaces. 

18 (d) ELIGIBLE USES.— 

19 (1) IN GENERAL.—A grant recipient may use a 

20 grant awarded under this section— 

21 (A) to acquire land or water in a quali22 fying urban area that provides outdoor recre23 ation opportunities to the public; and 

24 (B) to develop or renovate outdoor rec25 reational facilities in a qualifying urban area 


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1 that provide outdoor recreation opportunities to 

2 the public. 

3 (2) LIMITATIONS ON USE.—A grant recipient 

4 may not use grant funds for— 

5 (A) incidental costs related to land acquisi6 tion, including appraisal and titling; 

7 (B) operation and maintenance activities; 

8 (C) facilities that support semiprofessional 

9 or professional athletics; 

10 (D) indoor facilities such as recreation cen11 ters or facilities that support primarily non-out12 door purposes; or 

13 (E) acquisition of land or interests in land 

14 that restrict access to specific persons. 

15 (e) PRIORITY.—In awarding grants under this sec16 tion, the Secretary shall give priority to projects that— 

17 (1) create or significantly enhance access to 

18 park and recreational opportunities in an urban 

19 neighborhood or community; 

20 (2) engage and empower underserved commu21 nities and youth; 

22 (3) provide employment or job training opportu23 nities for youth or underserved communities; 

24 (4) establish or expand public-private partner25 ships, with a focus on leveraging resources; and 


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1 (5) take advantage of coordination among var2 ious levels of government. 

3 (f) NATIONAL PARK SERVICE REQUIREMENTS.—In 

4 carrying out the Outdoor Recreation Legacy Partnership 

5 Program, the Secretary shall— 

6 (1) conduct an initial screening and technical 

7 review of applications received; 

8 (2) evaluate and score all qualifying applica9 tions; and 

10 (3) provide culturally and linguistically appro11 priate information and technical assistance to eligi12 ble entities and low-income communities about the 

13 opportunity to apply for funds under this section, 

14 the application procedures by which eligible entities 

15 may apply for funds, and eligible uses for funding. 

16 (g) REPORTING.— 

17 (1) ANNUAL REPORTS.—Not later than 30 days 

18 after the last day of each report period, each State 

19 lead agency that receives a grant under this section 

20 shall annually submit to the Secretary performance 

21 and financial reports that— 

22 (A) summarize project activities conducted 

23 during the report period; and 

24 (B) provide the status of the project. 


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1 (2) FINAL REPORTS.—Not later than 90 days 

2 after the earlier of the date of expiration of a project 

3 period or the completion of a project, each State 

4 lead agency that receives a grant under this section 

5 shall submit to the Secretary a final report con6 taining such information as the Secretary may re7 quire. 

8 DIVISION K—WILDLIFE COR9 RIDORS CONSERVATION ACT 

10 OF 2021 

11 SEC. 15001. SHORT TITLE; TABLE OF CONTENTS. 

12 This division may be cited as the ‘‘Wildlife Corridors 

13 Conservation Act of 2021’’. 

14 SEC. 15002. DEFINITIONS. 

15 In this Act: 

16 (1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘‘appropriate committees of Con18 gress’’ means— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; 

21 (B) the Committee on Environment and 

22 Public Works of the Senate; 

23 (C) the Committee on Appropriations of 

24 the Senate; 


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1 (D) the Committee on Energy and Com2 merce of the House of Representatives; 

3 (E) the Committee on Natural Resources 

4 of the House of Representatives; 

5 (F) the Committee on Appropriations of 

6 the House of Representatives; and 

7 (2) CONNECTIVITY.—The term ‘‘connectivity’’ 

8 means the degree to which the landscape or seascape 

9 facilitates native species movement. 

10 (3) CORRIDOR.—The term ‘‘corridor’’ means a 

11 feature of the landscape or seascape that— 

12 (A) provides habitat or ecological 

13 connectivity; and 

14 (B) allows for native species movement or 

15 dispersal. 

16 (4) DATABASE.—The term ‘‘Database’’ means 

17 the National Wildlife Corridors Database established 

18 under section 11308(a). 

19 (5) FEDERAL LAND OR WATER.—The term 

20 ‘‘Federal land or water’’ means any land or water, 

21 or interest in land or water, owned by the United 

22 States. 

23 (6) FUND.—The term ‘‘Fund’’ means the Wild24 life Corridors Stewardship Fund established by sec25 tion 11401(a). 


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1 (7) HABITAT.—The term ‘‘habitat’’ means 

2 land, water, and substrate occupied at any time dur3 ing the life cycle of a native species that is nec4 essary, with respect to the native species, for spawn5 ing, breeding, feeding, growth to maturity, or migra6 tion. 

7 (8) INDIAN LAND.—The term ‘‘Indian land’’ 

8 means land of an Indian Tribe, or an Indian indi9 vidual, that is— 

10 (A) held in trust by the United States; or 

11 (B) subject to a restriction against alien12 ation imposed by the United States. 

13 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

14 has the meaning given the term ‘‘Indian tribe’’ in 

15 section 4 of the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 5304). 

17 (10) NATIONAL COORDINATION COMMITTEE.— 

18 The term ‘‘National Coordination Committee’’ 

19 means the National Coordination Committee estab20 lished under section 11306(a). 

21 (11) NATIONAL WILDLIFE CORRIDOR.—The 

22 term ‘‘National Wildlife Corridor’’ means any Fed23 eral land or water designated as a National Wildlife 

24 Corridor under section 11201(a). 


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1 (12) NATIONAL WILDLIFE CORRIDOR SYS2 TEM.—The term ‘‘National Wildlife Corridor Sys3 tem’’ means the system of National Wildlife Cor4 ridors established by section 11201(a). 

5 (13) NATIVE SPECIES.—The term ‘‘native spe6 cies’’ means— 

7 (A) a fish, wildlife, or plant species that is 

8 or was historically present in a particular eco9 system as a result of natural migratory or evo10 lutionary processes, including subspecies and 

11 plant varieties; or 

12 (B) a migratory bird species that is native 

13 to the United States or its territories (as de14 fined in section 2(b) of the Migratory Bird 

15 Treaty Act (16 U.S.C. 703(b))). 

16 (14) REGIONAL OCEAN PARTNERSHIP.—The 

17 term ‘‘regional ocean partnership’’ means a regional 

18 organization of coastal or Great Lakes States, terri19 tories, or possessions voluntarily convened by Gov20 ernors to address cross-jurisdictional ocean matters, 

21 or the functional equivalent of such a regional ocean 

22 organization designated by the Governor or Gov23 ernors of a State or States. 

24 (15) REGIONAL WILDLIFE MOVEMENT COUN25 CIL.—The term ‘‘regional wildlife movement council’’ 


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1 means a regional wildlife movement council estab2 lished under section 11307(a). 

3 (16) SECRETARIES.—The term ‘‘Secretaries’’ 

4 means— 

5 (A) the Secretary of Agriculture, acting 

6 through the Chief of the Forest Service, con7 cerning land contained within the National For8 est System; 

9 (B) the Secretary of Commerce; 

10 (C) the Secretary of the Interior; and 

11 (D) the Secretary of Transportation. 

12 (17) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of the Interior, acting through 

14 the Director of the United States Fish and Wildlife 

15 Service. 

16 (18) TRIBAL WILDLIFE CORRIDOR.—The term 

17 ‘‘Tribal Wildlife Corridor’’ means a corridor estab18 lished by the Secretary under section 

19 11303(a)(1)(C). 

20 (19) UNITED STATES.—The term ‘‘United 

21 States’’, when used in a geographical sense, 

22 means— 

23 (A) a State; 

24 (B) the District of Columbia; 

25 (C) the Commonwealth of Puerto Rico; 


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1 (D) Guam; 

2 (E) American Samoa; 

3 (F) the Commonwealth of the Northern 

4 Mariana Islands; 

5 (G) the Federated States of Micronesia; 

6 (H) the Republic of the Marshall Islands; 

7 (I) the Republic of Palau; 

8 (J) the United States Virgin Islands; and 

9 (K) the territorial sea (within the meaning 

10 of the Magnuson-Stevens Fishery Conservation 

11 and Management Act (16 U.S.C. 1801 et seq.)) 

12 and the exclusive economic zone (as defined in 

13 section 3 of that Act (16 U.S.C. 1802)) within 

14 the jurisdiction or sovereignty of the Federal 

15 Government. 

16 (20) WILDLIFE MOVEMENT.—The term ‘‘wild17 life movement’’ means the passage of individual 

18 members or populations of a fish, wildlife, or plant 

19 species across a landscape or seascape. 

20 TITLE I—NATIONAL WILDLIFE 

21 CORRIDOR SYSTEM ON FED22 ERAL LAND AND WATER 

23 SEC. 15101. NATIONAL WILDLIFE CORRIDORS. 

24 (a) ESTABLISHMENT.—There is established a system 

25 of corridors on Federal land and water, to be known as 


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1 the ‘‘National Wildlife Corridor System’’, which shall con2 sist of National Wildlife Corridors designated as part of 

3 the National Wildlife Corridor System by— 

4 (1) statute; 

5 (2) rulemaking under section 11202; or 

6 (3) a land management plan developed or re7 vised under section 202 of the Federal Land Policy 

8 and Management Act of 1976 (43 U.S.C. 1712). 

9 (b) STRATEGY.—Not later than 18 months after the 

10 date of enactment of this Act, the Secretary shall develop 

11 a strategy for the effective development of the National 

12 Wildlife Corridor System— 

13 (1) to support the fulfillment of the purposes 

14 described in section 11202(b); 

15 (2) to ensure coordination and consistency 

16 across Federal agencies in the development, imple17 mentation, and management of National Wildlife 

18 Corridors; and 

19 (3) to develop a timeline for the implementation 

20 of National Wildlife Corridors. 

21 SEC. 15102. ADMINISTRATIVE DESIGNATION OF NATIONAL 

22 WILDLIFE CORRIDORS. 

23 (a) RULEMAKING.— 

24 (1) NATIONAL WILDLIFE CORRIDORS.—Not 

25 later than 2 years after the date of enactment of 


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1 this Act, the Secretary, in consultation with the Sec2 retaries, pursuant to the land, water, and resource 

3 management planning and conservation authorities 

4 of the Secretaries, shall establish a process, by regu5 lation, for the designation and management of Na6 tional Wildlife Corridors on Federal land or water 

7 under the respective jurisdictions of the Secretaries. 

8 Where a National Wildlife Corridor crosses federal 

9 land or water under the jurisdiction of several secre10 taries, then the Secretary must obtain concurrence 

11 from the applicable Secretaries before a National 

12 Wildlife Corridor may be designated. 

13 (2) FEDERAL LAND AND WATER MANAGE14 MENT.—The Secretaries shall consider the designa15 tion of National Wildlife Corridors in any process re16 lating to the issuance, revision, or modification of a 

17 management plan for land or water under the re18 spective jurisdiction of the Secretaries insofar as a 

19 corridor is consistent with the purpose of the plan. 

20 (b) CRITERIA FOR DESIGNATION.—The regulations 

21 promulgated by the Secretary under subsection (a)(1) 

22 shall ensure that, in designating a National Wildlife Cor23 ridor, the Secretaries— 

24 (1) base the designation of the National Wild25 life Corridor on— 


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1 (A) coordination with existing— 

2 (i) National Wildlife Corridors; 

3 (ii) corridors established by States; 

4 and 

5 (iii) Tribal Wildlife Corridors; and 

6 (B) the best available science of— 

7 (i) existing native species habitat; and 

8 (ii) likely future native species habi9 tats; 

10 (2) determine that the National Wildlife Cor11 ridor supports the connectivity, persistence, resil12 ience, and adaptability of the native species for 

13 which it has been designated by providing for— 

14 (A) dispersal and genetic exchange between 

15 populations; 

16 (B) range shifting, range expansion, or 

17 range restoration, such as in response to cli18 mate change; 

19 (C) seasonal movement or migration; or 

20 (D) succession, movement, or recoloniza21 tion following— 

22 (i) a disturbance, such as fire, flood, 

23 drought, or infestation; or 

24 (ii) population decline or previous ex25 tirpation; 


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1 (3) consult the Database; and 

2 (4) consider recommendations from the Na3 tional Coordination Committee under section 

4 11306(e)(2)(C). 

5 (c) DESIGNATION OF FEDERAL LAND OR WATER RE6 QUIRING RESTORATION OR CONNECTION OF HABITAT.— 

7 The Secretaries may designate as a National Wildlife Cor8 ridor land or water that— 

9 (1) is necessary for the natural movements of 

10 one or more native species; 

11 (2) requires restoration, including— 

12 (A) land or water that is degraded; and 

13 (B) land or water from which a species is 

14 currently absent— 

15 (i) but may be colonized or recolo16 nized by the species naturally; or 

17 (ii) to which the species may be re18 introduced or restored based on habitat 

19 changes; and 

20 (3) is fragmented or consists of only a portion 

21 of the habitat required for the connectivity needs of 

22 one or more native species. 

23 (d) NOMINATION FOR DESIGNATION.— 


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1 (1) IN GENERAL.—In establishing the process 

2 for designation under subsection (a)(1), the Sec3 retary shall include procedures under which— 

4 (A) any State, Tribal, or local government, 

5 or a nongovernmental organization engaged in 

6 the conservation of native species and the im7 provement of the habitats of native species, may 

8 submit to the Secretaries a nomination to des9 ignate as a National Wildlife Corridor an area 

10 under the respective jurisdiction of the Secre11 taries; and 

12 (B) the Secretaries shall consider and, not 

13 later than 1 year after the date on which the 

14 nomination was submitted under subparagraph 

15 (A), respond to any nomination submitted 

16 under that subparagraph. 

17 (2) SUPPORTING DOCUMENTATION.—A nomina18 tion for designation under paragraph (1)(A) shall in19 clude supporting documentation, including— 

20 (A) the native species for which the Na21 tional Wildlife Corridor would be designated; 

22 (B) summaries and references of, with re23 spect to the designation of a National Wildlife 

24 Corridor— 


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1 (i) the best science available at the 

2 time of the submission of the nomination 

3 for designation documenting why the cor4 ridor is needed; and 

5 (ii) the most current scientific reports 

6 available at the time of the submission of 

7 the nomination for designation; 

8 (C) information with respect to how the 

9 nomination was coordinated with potential part10 ners; 

11 (D) a description of supporting stake12 holders, such as States, Indian Tribes, local 

13 governments, scientific organizations, non14 governmental organizations, and affected vol15 untary private landowners; and 

16 (E) any additional information the Secre17 taries, in consultation with the National Coordi18 nation Committee, determine is relevant to the 

19 nomination. 

20 SEC. 15103. MANAGEMENT OF NATIONAL WILDLIFE COR21 RIDORS. 

22 (a) IN GENERAL.—The Secretaries shall, consistent 

23 with other applicable Federal land and water management 

24 requirements, laws, and regulations, manage each Na25 tional Wildlife Corridor under the respective administraVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01814 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tive jurisdiction of the Secretaries in a manner that con2 tributes to the long-term connectivity, persistence, resil3 ience, and adaptability of native species for which the Na4 tional Wildlife Corridor is identified, including through— 

5 (1) the maintenance and improvement of habi6 tat connectivity within the National Wildlife Cor7 ridor; 

8 (2) the implementation of strategies and activi9 ties that enhance the ability of native species to re10 spond to climate change and other environmental 

11 factors; 

12 (3) the maintenance or restoration of the integ13 rity and functionality of the National Wildlife Cor14 ridor; 

15 (4) the mitigation or removal of human infra16 structure that obstructs the natural movement of 

17 native species; and 

18 (5) the use of existing conservation programs, 

19 including Tribal Wildlife Corridors, under the re20 spective jurisdiction of the Secretaries to contribute 

21 to the connectivity, persistence, resilience, and 

22 adaptability of native species. 

23 (b) NATIONAL WILDLIFE CORRIDORS SPANNING

24 MULTIPLE JURISDICTIONS.—In the case of a National 

25 Wildlife Corridor that spans the administrative jurisdicVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01815 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tion of two or more of the Secretaries, the relevant Secre2 taries shall coordinate management of the National Wild3 life Corridor in accordance with section 11301(b) to ad4 vance the purposes described in section 11201(b). 

5 (c) ROAD MITIGATION.—In the case of a National 

6 Wildlife Corridor that intersects, adjoins, or crosses a new 

7 or existing State, Tribal, or local road or highway, the rel8 evant Secretaries shall coordinate with the Secretary of 

9 Transportation and State, Tribal, and local transportation 

10 agencies, as appropriate, to identify and implement vol11 untary environmental mitigation measures— 

12 (1) to improve public safety and reduce vehicle 

13 caused native species mortality while maintaining 

14 habitat connectivity; and 

15 (2) to mitigate damage to the natural move16 ments of native species through strategies such as— 

17 (A) the construction, maintenance, or re18 placement of native species underpasses, over19 passes, and culverts; and 

20 (B) the maintenance, replacement, or re21 moval of dams, bridges, culverts, and other 

22 hydrological obstructions. 

23 (d) COMPATIBLE USES.—A use of Federal land or 

24 water that was authorized before the date on which the 

25 Federal land or water is designated as a National Wildlife 


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1 Corridor may continue if the applicable Secretaries deter2 mine that the use is compatible with the wildlife move3 ments of the species for which the National Wildlife Cor4 ridor was designated, consistent with applicable Federal 

5 laws and regulations. 

6 TITLE II—WILDLIFE CORRIDORS 

7 CONSERVATION 

8 SEC. 15201. COLLABORATION AND COORDINATION. 

9 (a) COLLABORATION.—The Secretaries may partner 

10 with and provide funds to States, local governments, In11 dian Tribes, the National Coordination Committee, vol12 untary private landowners, and the regional wildlife move13 ment councils to support the purposes described in section 

14 11201(b). 

15 (b) COORDINATION.—To the maximum extent prac16 ticable and consistent with applicable law, the Secretary 

17 or Secretaries, as applicable, shall develop the strategy 

18 under section 11201(b), designate National Wildlife Cor19 ridors under section 11202, and manage National Wildlife 

20 Corridors under section 11203— 

21 (1) in consultation and coordination with— 

22 (A) other relevant Federal agencies; 

23 (B) States, including— 

24 (i) State fish and wildlife agencies; 

25 and 


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1 (ii) other State agencies responsible 

2 for managing the natural resources and 

3 wildlife; 

4 (C) Indian Tribes; 

5 (D) units of local government; 

6 (E) other interested stakeholders identified 

7 by the Secretary, including applicable voluntary 

8 private landowners; 

9 (F) landscape- and seascape-scale partner10 ships, including— 

11 (i) the National Fish Habitat Part12 nership; 

13 (ii) the National Marine Fisheries 

14 Service; 

15 (iii) regional fishery management 

16 councils established under section 302(a) 

17 of the Magnuson-Stevens Fishery Con18 servation and Management Act (16 U.S.C. 

19 1852(a)); 

20 (iv) relevant regional ocean partner21 ships; 

22 (v) the Climate Science Centers of the 

23 Department of the Interior; and 

24 (vi) the Landscape Conservation Co25 operative Network; 


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1 (G) the National Coordination Committee; 

2 and 

3 (H) the regional wildlife movement coun4 cils. 

5 SEC. 15202. EFFECT. 

6 (a) RELATIONSHIP TO OTHER CONSERVATION

7 LAWS.—Nothing in this title amends or otherwise affects 

8 any other law (including regulations) relating to the con9 servation of native species. 

10 (b) JURISDICTION OF STATES AND INDIAN

11 TRIBES.—Nothing in this title or an amendment made by 

12 this title affects the jurisdiction of a State or an Indian 

13 Tribe with respect to fish and wildlife management, in14 cluding the regulation of hunting, fishing, and trapping, 

15 in a National Wildlife Corridor or a Tribal Wildlife Cor16 ridor. 

17 SEC. 15203. TRIBAL WILDLIFE CORRIDORS. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.— 

20 (A) NOMINATIONS.—An Indian Tribe may 

21 nominate a corridor within Indian land of the 

22 Indian Tribe as a Tribal Wildlife Corridor by 

23 submitting to the Secretary, in consultation 

24 with the Director of the Bureau of Indian Af25 fairs (referred to in this section as the ‘‘SecVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01819 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 retary’’), an application at such time, in such 

2 manner, and containing such information as the 

3 Secretary may require. 

4 (B) DETERMINATION.—Not later than 90 

5 days after the date on which the Secretary re6 ceives an application under subparagraph (A), 

7 the Secretary shall determine whether the nomi8 nated Tribal Wildlife Corridor described in the 

9 application meets the criteria established under 

10 paragraph (2). 

11 (C) PUBLICATION.—On approval of an ap12 plication under subparagraph (B), the Sec13 retary shall publish in the Federal Register a 

14 notice of the establishment of the Tribal Wild15 life Corridor, which shall include a map and 

16 legal description of the land designated as a 

17 Tribal Wildlife Corridor. 

18 (2) CRITERIA.— 

19 (A) IN GENERAL.—Not later than 18 

20 months after the date of enactment of this Act, 

21 the Secretary shall establish criteria for deter22 mining whether a corridor nominated by an In23 dian Tribe under paragraph (1)(A) qualifies as 

24 a Tribal Wildlife Corridor. 


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1 (B) INCLUSIONS.—The criteria established 

2 under subparagraph (A) shall include, at a min3 imum, the following: 

4 (i) The restoration of historical habi5 tat for the purposes of facilitating 

6 connectivity. 

7 (ii) The management of land for the 

8 purposes of facilitating connectivity. 

9 (iii) The management of land to pre10 vent the imposition of barriers that may 

11 hinder current or future connectivity. 

12 (3) REMOVAL.— 

13 (A) IN GENERAL.—An Indian Tribe may 

14 elect to remove the designation of a Tribal 

15 Wildlife Corridor on the Indian land of the In16 dian Tribe by notifying the Secretary. 

17 (B) EFFECT OF REMOVAL.—An Indian 

18 Tribe that elects to remove a designation under 

19 subparagraph (A) may not receive assistance 

20 under subsection (c) or (d)(1) or section 11305. 

21 (b) COORDINATION OF LAND USE PLANS.—Section 

22 202 of the Federal Land Policy and Management Act of 

23 1976 (43 U.S.C. 1712) is amended— 

24 (1) in subsection (b)— 


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1 (A) by striking ‘‘Indian tribes by’’ and in2 serting the following: Indian tribes— 

3 ‘‘(1) by’’; 

4 (B) in paragraph (1) (as so designated), by 

5 striking the period at the end and inserting ‘‘; 

6 and’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(2) for the purposes of determining whether 

9 the land use plans for land in the National Forest 

10 System would provide additional connectivity to ben11 efit the purposes of a Tribal Wildlife Corridor estab12 lished under section 11303(a)(1) of the Wildlife Cor13 ridors Conservation Act of 2021.’’; and 

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

15 ‘‘(g) TRIBAL WILDLIFE CORRIDORS.—On the estab16 lishment of a Tribal Wildlife Corridor under section 

17 11303(a)(1) of the Wildlife Corridors Conservation Act of 

18 2021, the Secretary shall conduct a meaningful consulta19 tion with the Indian tribe that administers the Tribal 

20 Wildlife Corridor to determine whether, through the revi21 sion of one or more existing land use plans, the Tribal 

22 Wildlife Corridor can— 

23 ‘‘(1) be expanded into public lands; or 


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1 ‘‘(2) otherwise benefit connectivity (as defined 

2 in section 11102 of that Act) between public lands 

3 and the Tribal Wildlife Corridor.’’. 

4 (c) TECHNICAL ASSISTANCE.—The Secretary shall 

5 provide to Indian Tribes technical assistance relating to 

6 the establishment, management, and expansion of a Tribal 

7 Wildlife Corridor, including assistance with accessing wild8 life data and working with voluntary private landowners 

9 to access Federal and State programs to improve wildlife 

10 habitat and connectivity on non-Federal land. 

11 (d) AVAILABILITY OF ASSISTANCE.—An Indian Tribe 

12 that has a Tribal Wildlife Corridor established on the In13 dian land of the Indian Tribe shall be eligible for a grant 

14 under the wildlife movements grant program under section 

15 11305, subject to other applicable requirements of that 

16 grant program. 

17 (e) SAVINGS CLAUSE.—Nothing in this section au18 thorizes or affects the use of private property or Indian 

19 land. 

20 SEC. 15204. PROTECTION OF INDIAN TRIBES. 

21 (a) FEDERAL TRUST RESPONSIBILITY.—Nothing in 

22 this title amends, alters, or waives the Federal trust re23 sponsibility to Indian Tribes. 

24 (b) FREEDOM OF INFORMATION ACT.— 


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1 (1) EXEMPTION.—Information described in 

2 paragraph (2) shall not be subject to disclosure 

3 under section 552 of title 5, United States Code 

4 (commonly known as the ‘‘Freedom of Information 

5 Act’’), if the head of the agency that receives the in6 formation, in consultation with the Secretary and 

7 the affected Indian Tribe, determines that disclosure 

8 may— 

9 (A) cause a significant invasion of privacy; 

10 (B) risk harm to human remains or re11 sources, cultural items, uses, or activities; or 

12 (C) impede the use of a traditional reli13 gious site by practitioners. 

14 (2) INFORMATION DESCRIBED.—Information 

15 referred to in paragraph (1) is information received 

16 by a Federal agency— 

17 (A) pursuant to this title relating to— 

18 (i) the location, character, or owner19 ship of human remains of a person of In20 dian ancestry; or 

21 (ii) resources, cultural items, uses, or 

22 activities identified by an Indian Tribe as 

23 traditional or cultural because of the long24 established significance or ceremonial na25 ture to the Indian Tribe; or 


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1 (B) pursuant to the Native American 

2 Graves Protection and Repatriation Act (25 

3 U.S.C. 3001 et seq.). 

4 SEC. 15205. WILDLIFE MOVEMENTS GRANT PROGRAM. 

5 (a) IN GENERAL.—The Secretary shall establish a 

6 wildlife movements grant program (referred to in this sec7 tion as the ‘‘grant program’’) to encourage wildlife move8 ment in accordance with this subsection. 

9 (b) GRANTS.—Beginning not later than 2 years after 

10 the date of enactment of this Act, the Secretary, based 

11 on recommendations from the National Coordination 

12 Committee under section 11306(e)(2)(C), shall make 

13 grants to one or more projects that— 

14 (1) are a regional priority project identified by 

15 a regional wildlife movement council; 

16 (2) satisfy the purposes described in section 

17 11201(b); and 

18 (3) increase connectivity for native species. 

19 (c) ELIGIBLE RECIPIENTS.—A person that is eligible 

20 to receive a grant under the grant program is— 

21 (1) a voluntary private landowner or group of 

22 landowners; 

23 (2) a State fish and wildlife agency or other 

24 State agency responsible for managing natural re25 sources and wildlife; 


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1 (3) an Indian Tribe; 

2 (4) a unit of local government; 

3 (5) an agricultural cooperative; 

4 (6) water, irrigation, or rural water districts or 

5 associations, or other organizations with water deliv6 ery authority (including acequias and land grant 

7 communities in the State of New Mexico); 

8 (7) institutions of higher education; 

9 (8) an entity approved for a grant by a regional 

10 wildlife movement council; and 

11 (9) any group of entities described in para12 graphs (1) through (8). 

13 (d) REQUIREMENTS.—In administering the grant 

14 program, the Secretary shall use the criteria, guidelines, 

15 contracts, reporting requirements, and evaluation metrics 

16 developed by the National Coordination Committee under 

17 subparagraphs (A) and (B) of section 11306(e)(2). 

18 SEC. 15206. NATIONAL COORDINATION COMMITTEE. 

19 (a) ESTABLISHMENT.—Not later than 18 months 

20 after the date of enactment of this Act, the Secretary shall 

21 establish a committee, to be known as the ‘‘National Co22 ordination Committee’’. 

23 (b) ADMINISTRATIVE SUPPORT.—The Secretary shall 

24 provide administrative support for the National Coordina25 tion Committee. 


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1 (c) MEMBERSHIP.—The National Coordination Com2 mittee shall be composed of— 

3 (1) the Secretary (or a designee); 

4 (2) the Secretary of Transportation (or a des5 ignee); 

6 (3) the Secretary of Agriculture (or a designee); 

7 (4) the Secretary of Commerce (or a designee); 

8 (5) the Director of the Bureau of Indian Affairs 

9 (or a designee); 

10 (6) the Executive Director of the Association of 

11 Fish and Wildlife Agencies (or a designee); 

12 (7) two representatives of intertribal organiza13 tions, to be appointed by the Secretary; 

14 (8) the chairperson of each regional wildlife 

15 movement council (or a designee); and 

16 (9) not more than three representatives of non17 governmental, science, or academic organizations 

18 with expertise in wildlife conservation and habitat 

19 connectivity, to be appointed by the Secretary in a 

20 manner that ensures that the membership of the 

21 National Coordination Committee is fair and bal22 anced. 

23 (d) CHAIRPERSON.—The National Coordination 

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1 person from among the members of the National Coordi2 nation Committee. 

3 (e) DUTIES.—The National Coordination Com4 mittee— 

5 (1) shall establish standards for regional wild6 life movement plans to allow for better cross-regional 

7 collaboration; and 

8 (2) shall, with respect to the wildlife movements 

9 grant program under section 11305— 

10 (A) establish criteria and develop guide11 lines for the solicitation of applications for 

12 grants by regional wildlife movement councils; 

13 (B) develop standardized contracts, report14 ing requirements, and evaluation metrics for 

15 grant recipients; and 

16 (C) make recommendations annually to the 

17 Secretary for the selection of grant recipients 

18 on the basis of the ranked lists of regional pri19 ority projects received from the regional wildlife 

20 movement councils under section 11307(c)(4) 

21 that are consistent with the purposes described 

22 in section 11201(b). 

23 (f) APPLICABILITY OF FACA.—Except as otherwise 

24 provided in this section, the Federal Advisory Committee 


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1 Act (5 U.S.C. App.) shall apply to the National Coordina2 tion Committee. 

3 SEC. 15207. REGIONAL WILDLIFE MOVEMENT COUNCILS. 

4 (a) ESTABLISHMENT.—Not later than 1 year after 

5 the date of enactment of this Act, the Secretary shall es6 tablish not less than 4 regional wildlife movement councils 

7 with separate geographic jurisdictions that encompass the 

8 entire United States. 

9 (b) MEMBERSHIP.— 

10 (1) IN GENERAL.—Each regional wildlife move11 ment council shall be composed of— 

12 (A) the director of each State fish and 

13 wildlife agency within the jurisdiction of the re14 gional wildlife movement council (or a des15 ignee); 

16 (B) balanced representation from Tribal 

17 governments within the jurisdiction of the re18 gional wildlife movement council; 

19 (C) to serve as a Federal agency liaison 

20 and nonvoting, ex officio member— 

21 (i) the Director of the United States 

22 Fish and Wildlife Service (or a designee); 

23 or 


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1 (ii) the director of any applicable re2 gional office of the United States Fish and 

3 Wildlife Service (or a designee); 

4 (D) not more than three representatives of 

5 nongovernmental, science, or academic organi6 zations with expertise in native species con7 servation and the habitat connectivity needs of 

8 the region covered by the regional wildlife move9 ment council; and 

10 (E) not more than three voluntary rep11 resentatives of private landowners with property 

12 in the applicable region, not less than one of 

13 whom shall be a farmer or rancher. 

14 (2) REQUIREMENTS.— 

15 (A) MEMBERSHIP.—The Secretary shall 

16 ensure that the membership of each regional 

17 wildlife movement council is fair and balanced 

18 in terms of expertise and perspectives rep19 resented. 

20 (B) EXPERTISE.—Each regional wildlife 

21 movement council shall include experts in eco22 logical connectivity, native species ecology, and 

23 ecological adaptation. 

24 (3) CHAIRPERSON.—Each regional wildlife 

25 movement council shall select a Chairperson from 


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1 among the members of the regional wildlife move2 ment council. 

3 (c) DUTIES.—Each regional wildlife movement coun4 cil shall— 

5 (1) not later than 2 years after the date of es6 tablishment of the regional wildlife movement coun7 cil and in accordance with any standards established 

8 by the National Coordination Committee, prepare 

9 and submit to the Secretary and the National Co10 ordination Committee a regional wildlife movement 

11 plan that maintains natural wildlife movement by 

12 identifying research priorities and data needs for the 

13 Database that is revised, amended, or updated not 

14 less frequently than once every 5 years; 

15 (2) provide for public engagement, including en16 gagement of Indian Tribes, at appropriate times and 

17 in appropriate locations in the region covered by the 

18 regional wildlife movement council, to allow all inter19 ested persons an opportunity to be heard in the de20 velopment and implementation of a regional wildlife 

21 movement plan under paragraph (1); 

22 (3) solicit applications for wildlife movement 

23 grants under section 11305 in accordance with the 

24 criteria and guidelines established by the National 

25 Coordination Council under section 11306(e)(2)(A); 


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1 (4) in accordance with the criteria and guide2 lines established under section 11306(e)(2)(A), sub3 mit to the National Coordination Committee an an4 nual list of regional priority projects, in ranked 

5 order, for wildlife movements grants under section 

6 11305 to maintain wildlife movements in the area 

7 under the jurisdiction of the regional wildlife move8 ment council; and 

9 (5) submit to the Secretary and the National 

10 Coordination Committee, and make publicly avail11 able, an annual report describing the activities of the 

12 regional wildlife movement council. 

13 (d) COORDINATION.—If applicable, to increase habi14 tat connectivity between designated Federal land and 

15 water and non-Federal land and water, a regional wildlife 

16 movement council shall coordinate with— 

17 (1) Federal agencies; 

18 (2) Indian Tribes; 

19 (3) regional fishery management councils estab20 lished under section 302(a) of the Magnuson-Stevens 

21 Fishery Conservation and Management Act (16 

22 U.S.C. 1852(a)); 

23 (4) migratory bird joint ventures partnerships 

24 recognized by the United States Fish and Wildlife 

25 Service with respect to migratory bird species; 


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1 (5) State fish and wildlife agencies; 

2 (6) regional associations of fish and wildlife 

3 agencies; 

4 (7) nongovernmental organizations; 

5 (8) applicable voluntary private landowners; 

6 (9) the National Coordination Committee; 

7 (10) fish habitat partnerships; 

8 (11) other regional wildlife movement councils 

9 with respect to crossregional projects; 

10 (12) international wildlife management entities 

11 with respect to transboundary species in accordance 

12 with trade policies of the United States; and 

13 (13) Federal and State transportation agencies. 

14 (e) APPLICABILITY OF FACA.—Except as otherwise 

15 provided in this section, the Federal Advisory Committee 

16 Act (5 U.S.C. App.) shall apply to the regional wildlife 

17 movement councils. 

18 SEC. 15208. NATIONAL WILDLIFE CORRIDORS DATABASE. 

19 (a) IN GENERAL.—Not later than 18 months after 

20 the date of enactment of this Act, the Director of the 

21 United States Geological Survey (referred to in this sec22 tion as the ‘‘Director’’), in consultation with the National 

23 Coordination Committee and the regional wildlife move24 ment councils, shall establish a database, to be known as 

25 the ‘‘National Wildlife Corridors Database’’. 


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1 (b) CONTENTS.— 

2 (1) IN GENERAL.—The Database shall— 

3 (A) include maps, data, models, surveys, 

4 and descriptions of native species habitats, wild5 life movements, and corridors that have been 

6 developed by Federal agencies that pertain to 

7 Federal land and water; 

8 (B) include maps, models, analyses, and 

9 descriptions of projected shifts in habitats, wild10 life movements, and corridors of native species 

11 in response to climate change or other environ12 mental factors; 

13 (C) reflect the best scientific data and in14 formation available; and 

15 (D) in accordance with the requirements of 

16 the Geospatial Data Act of 2018 (Public Law 

17 115–254), have the data, models, and analyses 

18 included in the Database available at scales 

19 useful to State, Tribal, local, and Federal agen20 cy decisionmakers and the public. 

21 (c) REQUIREMENTS.—Subject to subsection (d), the 

22 Director, in collaboration with the National Coordination 

23 Committee, the regional wildlife movement councils, and 

24 the Administrator of the National Oceanic and Atmos25 pheric Administration, shall— 


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1 (1) design the Database to support State, Trib2 al, local, voluntary private landowner, and Federal 

3 agency decisionmakers and the public with data that 

4 will allow those entities— 

5 (A) to prioritize and target natural re6 source adaptation strategies and enhance exist7 ing State and Tribal corridor protections; 

8 (B) to assess the impacts of proposed en9 ergy, water, transportation, and transmission 

10 projects, and other development activities, and 

11 to avoid, minimize, and mitigate the impacts of 

12 those projects and activities on National Wild13 life Corridors; 

14 (C) to assess the impact of new and exist15 ing development on native species habitats and 

16 National Wildlife Corridors; and 

17 (D) to develop strategies that promote 

18 habitat connectivity to allow native species to 

19 move— 

20 (i) to meet biological and ecological 

21 needs; 

22 (ii) to adjust to shifts in habitat; and 

23 (iii) to adapt to climate change; 

24 (2) establish a coordination process among Fed25 eral agencies to update maps and other information 


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1 with respect to landscapes, seascapes, native species 

2 habitats and ranges, habitat connectivity, National 

3 Wildlife Corridors, and wildlife movement changes as 

4 information based on new scientific data becomes 

5 available; and 

6 (3) not later than 5 years after the date of en7 actment of this Act, and not less frequently than 

8 once every 5 years thereafter, develop, submit a re9 port to the Secretary and the appropriate commit10 tees of Congress, and make publicly available a re11 port, that, with respect to the Database— 

12 (A) outlines the categories for data that 

13 may be included in the Database; 

14 (B) outlines the data protocols and stand15 ards for each category of data in the Database; 

16 (C) identifies gaps in native species habitat 

17 and National Wildlife Corridor information; 

18 (D) prioritizes research and future data 

19 collection activities for use in updating the 

20 Database; and 

21 (E) evaluates and quantifies the efficacy of 

22 the Database to meet the needs of the entities 

23 described in paragraph (1). 


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1 (d) PROPRIETARY INTERESTS AND PROTECTED IN2 FORMATION.—In developing the Database, the Director 

3 shall— 

4 (1) as applicable, protect proprietary interests 

5 with respect to any licensed information, licensed 

6 data, and other items contained in the Database; 

7 and 

8 (2) protect information in the Database with 

9 respect to the habitats and ranges of specific native 

10 species to prevent poaching, illegal taking and trap11 ping, and other related threats to native species. 

12 TITLE III—FUNDING 

13 SEC. 15301. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) NATIONAL WILDLIFE CORRIDOR SYSTEM.— 

15 There are authorized to be appropriated to carry out title 

16 I for fiscal year 2020 and each fiscal year thereafter— 

17 (1) to the Secretary, $7,500,000; 

18 (2) to the Secretary of Agriculture, $3,000,000; 

19 (3) to the Secretary of Commerce, $3,000,000; 

20 and 

21 (4) to the Secretary of Transportation, 

22 $3,000,000. 

23 (b) TRIBAL WILDLIFE CORRIDORS.—There is au24 thorized to be appropriated to carry out title II 


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1 $5,000,000 for fiscal year 2020 and each fiscal year there2 after. 

3 (c) WILDLIFE MOVEMENTS GRANT PROGRAM AND

4 REGIONAL WILDLIFE MOVEMENT COUNCILS.— 

5 (1) WILDLIFE MOVEMENT GRANT PROGRAM.— 

6 (A) IN GENERAL.—There is authorized to 

7 be appropriated to the Secretary to carry out 

8 the wildlife movements grant program under 

9 section 11305 $50,000,000 for fiscal year 2022 

10 and each fiscal year thereafter. 

11 (B) REQUIREMENTS.—Amounts appro12 priated under subparagraph (A) may be used to 

13 complement or match other Federal or non14 Federal funding received by the projects funded 

15 by those grants. 

16 (C) ADMINISTRATIVE SUPPORT.—Not 

17 more than 5 percent of amounts appropriated 

18 under subparagraph (A) may be used for ad19 ministrative support. 

20 (2) REGIONAL WILDLIFE MOVEMENT COUN21 CILS.— 

22 (A) IN GENERAL.—There is authorized to 

23 be appropriated to the Secretary to provide sup24 port for the regional wildlife movement councils 


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1 to carry out section 11307 $1,000,000 for fiscal 

2 year 2020 and each fiscal year thereafter. 

3 (B) EQUAL DIVISION.—Amounts appro4 priated under subparagraph (A) shall be pro5 portionally divided between each regional wild6 life movement council. 

7 (d) NATIONAL WILDLIFE CORRIDORS DATABASE.— 

8 There are authorized to be appropriated to the Secretary 

9 to carry out section 11308— 

10 (1) $3,000,000 for fiscal year 2020; and 

11 (2) $1,500,000 for fiscal year 2021 and each 

12 fiscal year thereafter. 

13 DIVISION L—COMMUNITY RESIL14 IENCE AND RESTORATION 

15 FUND 

16 SEC. 16101. DEFINITIONS. 

17 For purposes of this division: 

18 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means a Federal agency, State, the District of 

20 Columbia, a territory of the United States, a unit of 

21 local government, an Indian Tribe, a non-profit or22 ganization, or an accredited institution of higher 

23 education. 

24 (2) ELIGIBLE PROJECTS AND ACTIVITIES.—The 

25 term ‘‘eligible projects and activities’’ means projects 


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1 and activities carried out by an eligible entity on 

2 public lands, tribal lands, or private land, or any 

3 combination thereof, to further the purposes for 

4 which the Fund is established, including planning 

5 and capacity building and projects and activities car6 ried out in coordination with Federal, State, or trib7 al departments or agencies, or any department or 

8 agency of a subdivision of a State. 

9 (3) FOUNDATION.—The term ‘‘Foundation’’ 

10 means the National Fish and Wildlife Foundation 

11 established under the National Fish and Wildlife 

12 Foundation Establishment Act (16 U.S.C. 3701 et 

13 seq.). 

14 (4) FUND.—The term ‘‘Fund’’ means the Com15 munity Resilience and Restoration Fund established 

16 under this Act. 

17 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

18 means the governing body of any individually identi19 fied and federally recognized Indian or Alaska Na20 tive Tribe, band, nation, pueblo, village, community, 

21 affiliated Tribal group, or component reservation in 

22 the list published pursuant to section 104(a) of the 

23 Federally Recognized Indian Tribe List Act of 1994 

24 (25 U.S.C. 5131(a)). 


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1 (6) RESTORATION AND RESILIENCE LANDS.— 

2 The term ‘‘restoration and resilience lands’’ means 

3 fish, wildlife, and plant habitats, and other impor4 tant natural areas in the United States, on public 

5 lands, private land (after obtaining proper consent 

6 from the landowner), or land of Indian Tribes, in7 cluding: grasslands, shrublands, prairies, chapparal 

8 lands, forest lands, deserts, and riparian or wetland 

9 areas within or adjacent to these ecosystems. 

10 (7) PUBLIC LANDS.—The term ‘‘public lands’’ 

11 means lands owned or controlled by the United 

12 States or any of its agencies, with the cooperation 

13 of the agency having jurisdiction thereof. 

14 (8) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior, acting through the Di16 rector of the United States Fish and Wildlife Serv17 ice. 

18 (9) STATE.—The term ‘‘State’’ means a State 

19 of the United States, the District of Columbia, any 

20 Indian tribe, and any commonwealth, territory, or 

21 possession of the United States. 

22 SEC. 16102. ESTABLISHMENT OF FUND. 

23 Not later than 180 days after the date of enactment 

24 of this division, the Secretary shall enter into a cooperative 


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1 agreement with the Foundation to establish the Fund at 

2 the Foundation to— 

3 (1) to protect, conserve, and restore restoration 

4 and resilience lands, in order to help communities 

5 respond and adapt to natural threats, including 

6 those posed by the impacts of global climate change. 

7 (2) to build the resilience of restoration and re8 silience lands to adapt to, recover from, and with9 stand natural threats, including those posed by the 

10 impacts of global climate change; 

11 (3) to protect and enhance the biodiversity of 

12 wildlife populations across restoration and resilience 

13 lands; 

14 (4) to support the health of restoration and re15 silience lands for the benefit of present and future 

16 generations; 

17 (5) to foster innovative, nature-based solutions 

18 that help meet the goals of this section; and 

19 (6) to enhance the nation’s natural carbon se20 questration capabilities and help communities 

21 strengthen natural carbon sequestration capacity 

22 where applicable. 

23 SEC. 16103. MANAGEMENT OF THE FUND. 

24 The Foundation shall manage the Fund— 


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1 (1) pursuant to the National Fish and Wildlife 

2 Foundation Establishment Act (16 U.S.C. 3701 et 

3 seq.); and 

4 (2) in such a manner that, to the greatest ex5 tent practicable and consistent with the purposes for 

6 which the Fund is established— 

7 (A) ensures that amounts made available 

8 through the Fund are accessible to historically 

9 underserved communities, including Tribal com10 munities, communities of color, and rural com11 munities; and 

12 (B) avoids project selection and funding 

13 overlap with those projects and activities that 

14 could otherwise receive funding under— 

15 (i) the National Oceans and Coastal 

16 Security Fund, established under the Na17 tional Oceans and Coastal Security Act (16 

18 U.S.C. 7501); or 

19 (ii) other coastal management focused 

20 programs. 

21 SEC. 16104. COMPETITIVE GRANTS. 

22 (a) IN GENERAL.—To the extent amounts are avail23 able in the Fund, the Foundation shall award grants to 

24 eligible entities through a competitive grant process in ac25 cordance with procedures established pursuant to the NaVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01843 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 tional Fish and Wildlife Foundation Establishment Act 

2 (16 U.S.C. 3701 et seq.) to carry out eligible projects and 

3 activities, including planning eligible projects and activi4 ties. 

5 (b) PROPOSALS.—The Foundation, in coordination 

6 with the Secretary, shall establish requirements for pro7 posals for competitive grants under this section. 

8 SEC. 16105. USE OF AMOUNTS IN THE FUND. 

9 (a) PLANNING.—Not less than 8 percent of amounts 

10 appropriated annually to the Fund may be used to plan 

11 eligible projects and activities, including capacity building. 

12 (b) ADMINISTRATIVE COSTS.—Not more than 4 per13 cent of amounts appropriated annually to the Fund may 

14 be used by the Foundation for administrative expenses of 

15 the Fund or administration of competitive grants offered 

16 under the Fund. 

17 (c) PRIORITY.—Not less than $10,000,000 shall be 

18 awarded annually to support eligible projects and activities 

19 for Indian Tribes. 

20 SEC. 16106. REPORTS. 

21 (a) ANNUAL REPORTS.—Beginning at the end the 

22 first full fiscal year after the date of enactment of this 

23 division, and not later than 60 days after the end of each 

24 fiscal year in which amounts are deposited into the Fund, 


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1 the Foundation shall submit to the Secretary a report on 

2 the operation of the Fund including— 

3 (1) an accounting of expenditures made under 

4 the Fund, including leverage and match where appli5 cable; 

6 (2) an accounting of any grants made under the 

7 Fund, including a list of recipients and a brief de8 scription of each project and its purposes and goals; 

9 and 

10 (3) measures and metrics to track benefits cre11 ated by grants administered under the Fund, includ12 ing enhanced biodiversity, water quality, natural car13 bon sequestration, and resilience. 

14 (b) 5–YEAR REPORTS.—Not later than 90 days after 

15 the end of the fifth full fiscal year after the date of enact16 ment of this division, and not later than 90 days after 

17 the end every fifth fiscal year thereafter, the Foundation 

18 shall submit to the Secretary a report containing— 

19 (1) a description of any socioeconomic, biodiver20 sity, community resilience, or climate resilience or 

21 mitigation (including natural carbon sequestration), 

22 impacts generated by projects funded by grants 

23 awarded by the Fund, including measures and 

24 metrics illustrating these impacts; 


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1 (2) a description of land health benefits derived 

2 from projects funded by grants awarded by the 

3 Fund, including an accounting of— 

4 (A) lands treated for invasive species; 

5 (B) lands treated for wildfire threat reduc6 tion, including those treated with controlled 

7 burning or other natural fire-management tech8 niques; and 

9 (C) lands restored either from wildfire or 

10 other forms or degradation, including over-graz11 ing and sedimentation; 

12 (3) key findings for Congress, including any 

13 recommended changes to the authorization or pur14 poses of the Fund; 

15 (4) best practices for other Federal agencies in 

16 the administration of funds intended for land and 

17 habitat restoration; 

18 (5) information on the use and outcome of 

19 funds specifically set aside for planning and capacity 

20 building pursuant to section 6; and 

21 (6) any other information that the Foundation 

22 considers relevant. 

23 (c) SUBMISSION OF REPORTS TO CONGRESS.—Not 

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1 mittee on Natural Resources of the House of Representa2 tives and the Committee on Environment and Public 

3 Works of the Senate. 

4 SEC. 16107. AUTHORIZATION OF APPROPRIATIONS. 

5 There is hereby authorized to be appropriated to the 

6 Fund $100,000,000 for each of fiscal years 2022 through 

7 2027 to carry out this division. 

8 DIVISION M—CLEAN ENERGY 

9 AND SUSTAINABILITY ACCEL10 ERATOR 

11 SEC. 17101. CLEAN ENERGY AND SUSTAINABILITY ACCEL12 ERATOR. 

13 Title XVI of the Energy Policy Act of 2005 (Public 

14 Law 109–58, as amended) is amended by adding at the 

15 end the following new subtitle: 

16 ‘‘Subtitle C—Clean Energy and 

17 Sustainability Accelerator 

18 ‘‘SEC. 1621. DEFINITIONS. 

19 ‘‘In this subtitle: 

20 ‘‘(1) ACCELERATOR.—The term ‘Accelerator’ 

21 means the Clean Energy and Sustainability Accel22 erator established under section 1622. 

23 ‘‘(2) BOARD.—The term ‘Board’ means the 

24 Board of Directors of the Accelerator. 


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1 ‘‘(3) CHIEF EXECUTIVE OFFICER.—The term 

2 ‘chief executive officer’ means the chief executive of3 ficer of the Accelerator. 

4 ‘‘(4) CLIMATE-IMPACTED COMMUNITIES.—The 

5 term ‘climate-impacted communities’ includes— 

6 ‘‘(A) communities of color, which include 

7 any geographically distinct area the population 

8 of color of which is higher than the average 

9 population of color of the State in which the 

10 community is located; 

11 ‘‘(B) communities that are already or are 

12 likely to be the first communities to feel the di13 rect negative effects of climate change; 

14 ‘‘(C) distressed neighborhoods, dem15 onstrated by indicators of need, including pov16 erty, childhood obesity rates, academic failure, 

17 and rates of juvenile delinquency, adjudication, 

18 or incarceration; 

19 ‘‘(D) low-income communities, defined as 

20 any census block group in which 30 percent or 

21 more of the population are individuals with low 

22 income; 

23 ‘‘(E) low-income households, defined as a 

24 household with annual income equal to, or less 

25 than, the greater of— 


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1 ‘‘(i) an amount equal to 80 percent of 

2 the median income of the area in which the 

3 household is located, as reported by the 

4 Department of Housing and Urban Devel5 opment; and 

6 ‘‘(ii) 200 percent of the Federal pov7 erty line; 

8 ‘‘(F) Tribal communities; 

9 ‘‘(G) persistent poverty counties, defined 

10 as any county that has had a poverty rate of 20 

11 percent or more for the past 30 years as meas12 ured by the 2000, 2010, and 2020 decennial 

13 censuses; 

14 ‘‘(H) communities disproportionately af15 fected by environmental pollution and other 

16 hazards that can lead to negative public health 

17 effects; and 

18 ‘‘(I) communities that are economically re19 liant on fossil fuel-based industries. 

20 ‘‘(5) CLIMATE RESILIENT INFRASTRUCTURE.— 

21 The term ‘climate resilient infrastructure’ means 

22 any project that builds or enhances infrastructure so 

23 that such infrastructure— 


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1 ‘‘(A) is planned, designed, and operated in 

2 a way that anticipates, prepares for, and adapts 

3 to changing climate conditions; and 

4 ‘‘(B) can withstand, respond to, and re5 cover rapidly from disruptions caused by these 

6 climate conditions. 

7 ‘‘(6) ELECTRIFICATION.—The term ‘electrifica8 tion’ means the installation, construction, or use of 

9 end-use electric technology that replaces existing fos10 sil-fuel-based technology. 

11 ‘‘(7) ENERGY EFFICIENCY.—The term ‘energy 

12 efficiency’ means any project, technology, function, 

13 or measure that results in the reduction of energy 

14 use required to achieve the same level of service or 

15 output prior to the application of such project, tech16 nology, function, or measure, or substantially re17 duces greenhouse gas emissions relative to emissions 

18 that would have occurred prior to the application of 

19 such project, technology, function, or measure. 

20 ‘‘(8) FUEL SWITCHING.—The term ‘fuel switch21 ing’ means any project that replaces a fossil-fuel22 based heating system with an electric-powered sys23 tem or one powered by biomass-generated heat. 


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1 ‘‘(9) GREEN BANK.—The term ‘green bank’ 

2 means a dedicated public or nonprofit specialized fi3 nance entity that— 

4 ‘‘(A) is designed to drive private capital 

5 into market gaps for low- and zero-emission 

6 goods and services; 

7 ‘‘(B) uses finance tools to mitigate climate 

8 change; 

9 ‘‘(C) does not take deposits; 

10 ‘‘(D) is funded by government, public, pri11 vate, or charitable contributions; and 

12 ‘‘(E) invests or finances projects— 

13 ‘‘(i) alone; or 

14 ‘‘(ii) in conjunction with other inves15 tors. 

16 ‘‘(10) QUALIFIED PROJECTS.—The terms 

17 ‘qualified projects’ means the following kinds of 

18 technologies and activities that are eligible for fi19 nancing and investment from the Clean Energy and 

20 Sustainability Accelerator, either directly or through 

21 State, Territorial, and local green banks funded by 

22 the Clean Energy and Sustainability Accelerator: 

23 ‘‘(A) Renewable energy generation, includ24 ing the following: 

25 ‘‘(i) Solar. 


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1 ‘‘(ii) Wind. 

2 ‘‘(iii) Geothermal. 

3 ‘‘(iv) Hydropower. 

4 ‘‘(v) Ocean and hydrokinetic. 

5 ‘‘(vi) Fuel cell. 

6 ‘‘(B) Building energy efficiency, fuel 

7 switching, and electrification. 

8 ‘‘(C) Industrial decarbonization. 

9 ‘‘(D) Grid technology such as trans10 mission, distribution, and storage to support 

11 clean energy distribution, including smart-grid 

12 applications. 

13 ‘‘(E) Agriculture and forestry projects that 

14 reduce net greenhouse gas emissions. 

15 ‘‘(F) Clean transportation, including the 

16 following: 

17 ‘‘(i) Battery electric vehicles. 

18 ‘‘(ii) Plug-in hybrid electric vehicles. 

19 ‘‘(iii) Hydrogen vehicles. 

20 ‘‘(iv) Other zero-emissions fueled vehi21 cles. 

22 ‘‘(v) Related vehicle charging and 

23 fueling infrastructure. 

24 ‘‘(G) Climate resilient infrastructure. 


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1 ‘‘(H) Any other key areas identified by the 

2 Board as consistent with the mandate of the 

3 Accelerator as described in section 1623. 

4 ‘‘(11) RENEWABLE ENERGY GENERATION.— 

5 The term ‘renewable energy generation’ means elec6 tricity created by sources that are continually replen7 ished by nature, such as the sun, wind, and water. 

8 ‘‘SEC. 1622. ESTABLISHMENT. 

9 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

10 date of enactment of this subtitle, there shall be estab11 lished a nonprofit corporation to be known as the Clean 

12 Energy and Sustainability Accelerator. 

13 ‘‘(b) LIMITATION.—The Accelerator shall not be an 

14 agency or instrumentality of the Federal Government. 

15 ‘‘(c) FULL FAITH AND CREDIT.—The full faith and 

16 credit of the United States shall not extend to the Accel17 erator. 

18 ‘‘(d) NONPROFIT STATUS.—The Accelerator shall 

19 maintain its status as an organization exempt from tax20 ation under the Internal Revenue Code of 1986 (26 U.S.C. 

21 1 et seq.). 

22 ‘‘SEC. 1623. MANDATE. 

23 ‘‘The Accelerator shall make the United States a 

24 world leader in combating the causes and effects of climate 

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1 nologies and scaling of new technologies by maximizing 

2 the reduction of emissions in the United States for every 

3 dollar deployed by the Accelerator, including by— 

4 ‘‘(1) providing financing support for invest5 ments in the United States in low- and zero-emis6 sions technologies and processes in order to rapidly 

7 accelerate market penetration; 

8 ‘‘(2) catalyzing and mobilizing private capital 

9 through Federal investment and supporting a more 

10 robust marketplace for clean technologies, while 

11 avoiding competition with private investment; 

12 ‘‘(3) enabling climate-impacted communities to 

13 benefit from and afford projects and investments 

14 that reduce emissions; 

15 ‘‘(4) providing support for workers and commu16 nities impacted by the transition to a low-carbon 

17 economy; 

18 ‘‘(5) supporting the creation of green banks 

19 within the United States where green banks do not 

20 exist; and 

21 ‘‘(6) causing the rapid transition to a clean en22 ergy economy without raising energy costs to end 

23 users and seeking to lower costs where possible. 


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1 ‘‘SEC. 1624. FINANCE AND INVESTMENT DIVISION. 

2 ‘‘(a) IN GENERAL.—There shall be within the Accel3 erator a finance and investment division, which shall be 

4 responsible for— 

5 ‘‘(1) the Accelerator’s greenhouse gas emissions 

6 mitigation efforts by directly financing qualifying 

7 projects or doing so indirectly by providing capital to 

8 State, Territorial, and local green banks; 

9 ‘‘(2) originating, evaluating, underwriting, and 

10 closing the Accelerator’s financing and investment 

11 transactions in qualified projects; 

12 ‘‘(3) partnering with private capital providers 

13 and capital markets to attract coinvestment from 

14 private banks, investors, and others in order to drive 

15 new investment into underpenetrated markets, to in16 crease the efficiency of private capital markets with 

17 respect to investing in greenhouse gas reduction 

18 projects, and to increase total investment caused by 

19 the Accelerator; 

20 ‘‘(4) managing the Accelerator’s portfolio of as21 sets to ensure performance and monitor risk; 

22 ‘‘(5) ensuring appropriate debt and risk mitiga23 tion products are offered; and 

24 ‘‘(6) overseeing prudent, noncontrolling equity 

25 investments. 


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1 ‘‘(b) PRODUCTS AND INVESTMENT TYPES.—The fi2 nance and investment division of the Accelerator may pro3 vide capital to qualified projects in the form of— 

4 ‘‘(1) senior, mezzanine, and subordinated debt; 

5 ‘‘(2) credit enhancements including loan loss re6 serves and loan guarantees; 

7 ‘‘(3) aggregation and warehousing; 

8 ‘‘(4) equity capital; and 

9 ‘‘(5) any other financial product approved by 

10 the Board. 

11 ‘‘(c) STATE, TERRITORIAL, AND LOCAL GREEN

12 BANK CAPITALIZATION.—The finance and investment di13 vision of the Accelerator shall make capital available to 

14 State, Territorial, and local green banks to enable such 

15 banks to finance qualifying projects in their markets that 

16 are better served by a locally based entity, rather than 

17 through direct investment by the Accelerator. 

18 ‘‘(d) INVESTMENT COMMITTEE.—The debt, risk miti19 gation, and equity investments made by the Accelerator 

20 shall be— 

21 ‘‘(1) approved by the investment committee of 

22 the Board; and 

23 ‘‘(2) consistent with an investment policy that 

24 has been established by the investment committee of 


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1 the Board in consultation with the risk management 

2 committee of the Board. 

3 ‘‘SEC. 1625. START-UP DIVISION. 

4 ‘‘There shall be within the Accelerator a Start-up Di5 vision, which shall be responsible for providing technical 

6 assistance and start-up funding to States and other polit7 ical subdivisions that do not have green banks to establish 

8 green banks in those States and political subdivisions, in9 cluding by working with relevant stakeholders in those 

10 States and political subdivisions. 

11 ‘‘SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRA12 STRUCTURE FINANCING PROGRAM. 

13 ‘‘Not later than 1 year after the date of establishment 

14 of the Accelerator, the Accelerator shall explore the estab15 lishment of a program to provide low- and zero-interest 

16 loans, up to 30 years in length, to any school, metropolitan 

17 planning organization, or nonprofit organization seeking 

18 financing for the acquisition of zero-emissions vehicle 

19 fleets or associated infrastructure to support zero-emis20 sions vehicle fleets. 

21 ‘‘SEC. 1627. PROJECT PRIORITIZATION AND REQUIRE22 MENTS. 

23 ‘‘(a) EMISSIONS REDUCTION MANDATE.—In invest24 ing in projects that mitigate greenhouse gas emissions, the 

25 Accelerator shall maximize the reduction of emissions in 


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1 the United States for every dollar deployed by the Accel2 erator. 

3 ‘‘(b) ENVIRONMENTAL JUSTICE PRIORITIZATION.— 

4 ‘‘(1) IN GENERAL.—In order to address envi5 ronmental justice needs, the Accelerator shall, as ap6 plicable, prioritize the provision of program benefits 

7 and investment activity that are expected to directly 

8 or indirectly result in the deployment of projects to 

9 serve, as a matter of official policy, climate-impacted 

10 communities. 

11 ‘‘(2) MINIMUM PERCENTAGE.—The Accelerator 

12 shall ensure that over the 30-year period of its char13 ter 40 percent of its investment activity is directed 

14 to serve climate-impacted communities. 

15 ‘‘(c) CONSUMER PROTECTION.— 

16 ‘‘(1) PRIORITIZATION.—Consistent with the 

17 mandate under section 1623 to maximize the reduc18 tion of emissions in the United States for every dol19 lar deployed by the Accelerator, the Accelerator shall 

20 prioritize qualified projects according to benefits 

21 conferred on consumers and affected communities. 

22 ‘‘(2) CONSUMER CREDIT PROTECTION.—The 

23 Accelerator shall ensure that any residential energy 

24 efficiency or distributed clean energy project in 

25 which the Accelerator invests directly or indirectly 


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1 complies with the requirements of the Consumer 

2 Credit Protection Act (15 U.S.C. 1601 et seq.), in3 cluding, in the case of a financial product that is a 

4 residential mortgage loan, any requirements of title 

5 I of that Act relating to residential mortgage loans 

6 (including any regulations promulgated by the Bu7 reau of Consumer Financial Protection under sec8 tion 129C(b)(3)(C) of that Act (15 U.S.C. 

9 1639c(b)(3)(C))). 

10 ‘‘(d) LABOR.— 

11 ‘‘(1) IN GENERAL.—The Accelerator shall en12 sure that laborers and mechanics employed by con13 tractors and subcontractors in construction work fi14 nanced directly by the Accelerator will be paid wages 

15 not less than those prevailing on similar construction 

16 in the locality, as determined by the Secretary of 

17 Labor under sections 3141 through 3144, 3146, and 

18 3147 of title 40, United States Code. 

19 ‘‘(2) PROJECT LABOR AGREEMENT.—The Accel20 erator shall ensure that projects financed directly by 

21 the Accelerator with total capital costs of 

22 $100,000,000 or greater utilize a project labor 

23 agreement. 


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1 ‘‘SEC. 1628. EXPLORATION OF ACCELERATED CLEAN EN2 ERGY TRANSITION PROGRAM. 

3 ‘‘Not later than 1 year after the date on which the 

4 Accelerator is established, the Board shall explore the es5 tablishment of an accelerated clean energy transition pro6 gram— 

7 ‘‘(1) to expedite the transition within the power 

8 sector to zero-emissions power generation facilities 

9 or assets; and 

10 ‘‘(2) to simultaneously invest in local economic 

11 development in communities affected by this transi12 tion away from carbon-intensive facilities or assets. 

13 ‘‘SEC. 1629. BOARD OF DIRECTORS. 

14 ‘‘(a) IN GENERAL.—The Accelerator shall operate 

15 under the direction of a Board of Directors, which shall 

16 be composed of 7 members. 

17 ‘‘(b) INITIAL COMPOSITION AND TERMS.— 

18 ‘‘(1) SELECTION.—The initial members of the 

19 Board shall be selected as follows: 

20 ‘‘(A) APPOINTED MEMBERS.—Three mem21 bers shall be appointed by the President, with 

22 the advice and consent of the Senate, of whom 

23 no more than two shall belong to the same po24 litical party. 

25 ‘‘(B) ELECTED MEMBERS.—Four members 

26 shall be elected unanimously by the 3 members 


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1 appointed and confirmed pursuant to subpara2 graph (A). 

3 ‘‘(2) TERMS.—The terms of the initial members 

4 of the Board shall be as follows: 

5 ‘‘(A) The 3 members appointed and con6 firmed under paragraph (1)(A) shall have initial 

7 5-year terms. 

8 ‘‘(B) Of the 4 members elected under 

9 paragraph (1)(B), 2 shall have initial 3-year 

10 terms, and 2 shall have initial 4-year terms. 

11 ‘‘(c) SUBSEQUENT COMPOSITION AND TERMS.— 

12 ‘‘(1) SELECTION.—Except for the selection of 

13 the initial members of the Board for their initial 

14 terms under subsection (b), the members of the 

15 Board shall be elected by the members of the Board. 

16 ‘‘(2) DISQUALIFICATION.—A member of the 

17 Board shall be disqualified from voting for any posi18 tion on the Board for which such member is a can19 didate. 

20 ‘‘(3) TERMS.—All members elected pursuant to 

21 paragraph (1) shall have a term of 5 years. 

22 ‘‘(d) QUALIFICATIONS.—The members of the Board 

23 shall collectively have expertise in— 


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1 ‘‘(1) the fields of clean energy, electric utilities, 

2 industrial decarbonization, clean transportation, re3 siliency, and agriculture and forestry practices; 

4 ‘‘(2) climate change science; 

5 ‘‘(3) finance and investments; and 

6 ‘‘(4) environmental justice and matters related 

7 to the energy and environmental needs of climate8 impacted communities. 

9 ‘‘(e) RESTRICTION ON MEMBERSHIP.—No officer or 

10 employee of the Federal or any other level of government 

11 may be appointed or elected as a member of the Board. 

12 ‘‘(f) QUORUM.—Five members of the Board shall 

13 constitute a quorum. 

14 ‘‘(g) BYLAWS.— 

15 ‘‘(1) IN GENERAL.—The Board shall adopt, and 

16 may amend, such bylaws as are necessary for the 

17 proper management and functioning of the Accel18 erator. 

19 ‘‘(2) OFFICERS.—In the bylaws described in 

20 paragraph (1), the Board shall— 

21 ‘‘(A) designate the officers of the Accel22 erator; and 

23 ‘‘(B) prescribe the duties of those officers. 

24 ‘‘(h) VACANCIES.—Any vacancy on the Board shall 

25 be filled through election by the Board. 


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1 ‘‘(i) INTERIM APPOINTMENTS.—A member elected to 

2 fill a vacancy occurring before the expiration of the term 

3 for which the predecessor of that member was appointed 

4 or elected shall serve for the remainder of the term for 

5 which the predecessor of that member was appointed or 

6 elected. 

7 ‘‘(j) REAPPOINTMENT.—A member of the Board may 

8 be elected for not more than 1 additional term of service 

9 as a member of the Board. 

10 ‘‘(k) CONTINUATION OF SERVICE.—A member of the 

11 Board whose term has expired may continue to serve on 

12 the Board until the date on which a successor member 

13 is elected. 

14 ‘‘(l) CHIEF EXECUTIVE OFFICER.—The Board shall 

15 appoint a chief executive officer who shall be responsible 

16 for— 

17 ‘‘(1) hiring employees of the Accelerator; 

18 ‘‘(2) establishing the 2 divisions of the Accel19 erator described in sections 1624 and 1625; and 

20 ‘‘(3) performing any other tasks necessary for 

21 the day-to-day operations of the Accelerator. 

22 ‘‘(m) ADVISORY COMMITTEE.— 

23 ‘‘(1) ESTABLISHMENT.—The Accelerator shall 

24 establish an advisory committee (in this subsection 

25 referred to as the ‘advisory committee’), which shall 


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1 be composed of not more than 13 members ap2 pointed by the Board on the recommendation of the 

3 president of the Accelerator. 

4 ‘‘(2) MEMBERS.—Members of the advisory com5 mittee shall be broadly representative of interests 

6 concerned with the environment, production, com7 merce, finance, agriculture, forestry, labor, services, 

8 and State Government. Of such members— 

9 ‘‘(A) not fewer than 3 shall be representa10 tives of the small business community; 

11 ‘‘(B) not fewer than 2 shall be representa12 tives of the labor community, except that no 2 

13 members may be from the same labor union; 

14 ‘‘(C) not fewer than 2 shall be representa15 tives of the environmental nongovernmental or16 ganization community, except that no 2 mem17 bers may be from the same environmental orga18 nization; 

19 ‘‘(D) not fewer than 2 shall be representa20 tives of the environmental justice nongovern21 mental organization community, except that no 

22 2 members may be from the same environ23 mental organization; 

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1 ing community, except that no 2 members may 

2 be from the same consumer protection or fair 

3 lending organization; and 

4 ‘‘(F) not fewer than 2 shall be representa5 tives of the financial services industry with 

6 knowledge of and experience in financing trans7 actions for clean energy and other sustainable 

8 infrastructure assets. 

9 ‘‘(3) MEETINGS.—The advisory committee shall 

10 meet not less frequently than once each quarter. 

11 ‘‘(4) DUTIES.—The advisory committee shall— 

12 ‘‘(A) advise the Accelerator on the pro13 grams undertaken by the Accelerator; and 

14 ‘‘(B) submit to the Congress an annual re15 port with comments from the advisory com16 mittee on the extent to which the Accelerator is 

17 meeting the mandate described in section 1623, 

18 including any suggestions for improvement. 

19 ‘‘(n) CHIEF RISK OFFICER.— 

20 ‘‘(1) APPOINTMENT.—Subject to the approval 

21 of the Board, the chief executive officer shall appoint 

22 a chief risk officer from among individuals with ex23 perience at a senior level in financial risk manage24 ment, who— 


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1 ‘‘(A) shall report directly to the Board; 

2 and 

3 ‘‘(B) shall be removable only by a majority 

4 vote of the Board. 

5 ‘‘(2) DUTIES.—The chief risk officer, in coordi6 nation with the risk management and audit commit7 tees established under section 1632, shall develop, 

8 implement, and manage a comprehensive process for 

9 identifying, assessing, monitoring, and limiting risks 

10 to the Accelerator, including the overall portfolio di11 versification of the Accelerator. 

12 ‘‘SEC. 1630. ADMINISTRATION. 

13 ‘‘(a) CAPITALIZATION.— 

14 ‘‘(1) IN GENERAL.—To the extent and in the 

15 amounts provided in advance in appropriations Acts, 

16 the Secretary of Energy shall transfer to the Accel17 erator— 

18 ‘‘(A) $50,000,000,000 on the date on 

19 which the Accelerator is established under sec20 tion 1622; and 

21 ‘‘(B) $10,000,000,000 on October 1 of 

22 each of the 5 fiscal years following that date. 

23 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

24 For purposes of the transfers under paragraph (1), 


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1 there are authorized to be appropriated such sums 

2 as may be necessary. 

3 ‘‘(b) CHARTER.—The Accelerator shall establish a 

4 charter, the term of which shall be 30 years. 

5 ‘‘(c) USE OF FUNDS AND RECYCLING.—To the ex6 tent and in the amounts provided in advance in appropria7 tions Acts, the Accelerator— 

8 ‘‘(1) may use funds transferred pursuant to 

9 subsection (a)(1) to carry out this subtitle, including 

10 for operating expenses; and 

11 ‘‘(2) shall retain and manage all repayments 

12 and other revenue received under this subtitle from 

13 financing fees, interest, repaid loans, and other types 

14 of funding to carry out this subtitle, including for— 

15 ‘‘(A) operating expenses; and 

16 ‘‘(B) recycling such payments and other 

17 revenue for future lending and capital deploy18 ment in accordance with this subtitle. 

19 ‘‘(d) REPORT.—The Accelerator shall submit on a 

20 quarterly basis to the relevant committees of Congress a 

21 report that describes the financial activities, emissions re22 ductions, and private capital mobilization metrics of the 

23 Accelerator for the previous quarter. 

24 ‘‘(e) RESTRICTION.—The Accelerator shall not accept 

25 deposits. 


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1 ‘‘(f) COMMITTEES.—The Board shall establish com2 mittees and subcommittees, including— 

3 ‘‘(1) an investment committee; and 

4 ‘‘(2) in accordance with section 1631— 

5 ‘‘(A) a risk management committee; and 

6 ‘‘(B) an audit committee. 

7 ‘‘SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COM8 MITTEE AND AUDIT COMMITTEE. 

9 ‘‘(a) IN GENERAL.—To assist the Board in fulfilling 

10 the duties and responsibilities of the Board under this sub11 title, the Board shall establish a risk management com12 mittee and an audit committee. 

13 ‘‘(b) DUTIES AND RESPONSIBILITIES OF RISK MAN14 AGEMENT COMMITTEE.—Subject to the direction of the 

15 Board, the risk management committee established under 

16 subsection (a) shall establish policies for and have over17 sight responsibility for— 

18 ‘‘(1) formulating the risk management policies 

19 of the operations of the Accelerator; 

20 ‘‘(2) reviewing and providing guidance on oper21 ation of the global risk management framework of 

22 the Accelerator; 

23 ‘‘(3) developing policies for— 

24 ‘‘(A) investment; 

25 ‘‘(B) enterprise risk management; 


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1 ‘‘(C) monitoring; and 

2 ‘‘(D) management of strategic, 

3 reputational, regulatory, operational, develop4 mental, environmental, social, and financial 

5 risks; and 

6 ‘‘(4) developing the risk profile of the Accel7 erator, including— 

8 ‘‘(A) a risk management and compliance 

9 framework; and 

10 ‘‘(B) a governance structure to support 

11 that framework. 

12 ‘‘(c) DUTIES AND RESPONSIBILITIES OF AUDIT COM13 MITTEE.—Subject to the direction of the Board, the audit 

14 committee established under subsection (a) shall have 

15 oversight responsibility for— 

16 ‘‘(1) the integrity of— 

17 ‘‘(A) the financial reporting of the Accel18 erator; and 

19 ‘‘(B) the systems of internal controls re20 garding finance and accounting; 

21 ‘‘(2) the integrity of the financial statements of 

22 the Accelerator; 

23 ‘‘(3) the performance of the internal audit func24 tion of the Accelerator; and 


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1 ‘‘(4) compliance with the legal and regulatory 

2 requirements related to the finances of the Accel3 erator. 

4 ‘‘SEC. 1632. OVERSIGHT. 

5 ‘‘(a) EXTERNAL OVERSIGHT.—The inspector general 

6 of the Department of Energy shall have oversight respon7 sibilities over the Accelerator. 

8 ‘‘(b) REPORTS AND AUDIT.— 

9 ‘‘(1) ANNUAL REPORT.—The Accelerator shall 

10 publish an annual report which shall be transmitted 

11 by the Accelerator to the President and the Con12 gress. 

13 ‘‘(2) ANNUAL AUDIT OF ACCOUNTS.—The ac14 counts of the Accelerator shall be audited annually. 

15 Such audits shall be conducted in accordance with 

16 generally accepted auditing standards by inde17 pendent certified public accountants who are cer18 tified by a regulatory authority of the jurisdiction in 

19 which the audit is undertaken. 

20 ‘‘(3) ADDITIONAL AUDITS.—In addition to the 

21 annual audits under paragraph (2), the financial 

22 transactions of the Accelerator for any fiscal year 

23 during which Federal funds are available to finance 

24 any portion of its operations may be audited by the 

25 Government Accountability Office in accordance with 


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1 such rules and regulations as may be prescribed by 

2 the Comptroller General of the United States.’’. 

3 DIVISION N—DOMESTIC MARI4 TIME WORKFORCE TRAINING 

5 SEC. 18101. CENTERS OF EXCELLENCE FOR DOMESTIC 

6 MARITIME WORKFORCE TRAINING AND EDU7 CATION. 

8 Section 54102 of title 46, United States Code, is 

9 amended— 

10 (1) in subsection (a), by striking ‘‘of Transpor11 tation’’; 

12 (2) in subsection (b), in the subsection heading, 

13 by striking ‘‘ASSISTANCE’’ and inserting ‘‘COOPERA14 TIVE AGREEMENTS’’; 

15 (3) by redesignating subsection (c) as sub16 section (d); 

17 (4) in subsection (d), as redesignated by para18 graph (2), by adding at the end the following: 

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

20 the Secretary of Transportation.’’; and 

21 (5) by inserting after subsection (b) the fol22 lowing: 

23 ‘‘(c) GRANT PROGRAM.— 

24 ‘‘(1) DEFINITION OF ELIGIBLE INSTITUTION.— 

25 In this subsection, the term ‘eligible institution’ 


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1 means a postsecondary educational institution as 

2 such term is defined in section 3 of the Carl D. Per3 kins Career and Technical Education Act of 2006 

4 (20 U.S.C. 2302) that offers a 2-year program of 

5 study, a 1-year program of training, or is a postsec6 ondary vocational institution. 

7 ‘‘(2) GRANT AUTHORIZATION.— 

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

9 after the date of enactment of the Maritime Ad10 ministration Authorization and Improvement 

11 Act, the Secretary, in consultation with the Sec12 retary of Labor and the Secretary of Education, 

13 may award maritime career training grants to 

14 eligible institutions for the purpose of devel15 oping, offering, or improving educational or ca16 reer training programs for American workers 

17 related to the maritime workforce. 

18 ‘‘(B) GUIDELINES.—Not later than 1 year 

19 after the date of enactment of the Maritime Ad20 ministration Authorization and Improvement 

21 Act, the Secretary shall— 

22 ‘‘(i) promulgate guidelines for the 

23 submission of grant proposals under this 

24 subsection; and 


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1 ‘‘(ii) publish and maintain such guide2 lines on the website of the Department of 

3 Transportation. 

4 ‘‘(3) LIMITATIONS.—The Secretary may not 

5 award a grant under this subsection in an amount 

6 that is more than $20,000,000. 

7 ‘‘(4) REQUIRED INFORMATION.— 

8 ‘‘(A) IN GENERAL.—An eligible institution 

9 that desires to receive a grant under this sub10 section shall submit to the Secretary a grant 

11 proposal that includes a detailed description 

12 of— 

13 ‘‘(i) the specific project for which the 

14 grant proposal is submitted, including the 

15 manner in which the grant will be used to 

16 develop, offer, or improve an educational 

17 or career training program that is suited 

18 to maritime industry workers; 

19 ‘‘(ii) the extent to which the project 

20 for which the grant proposal is submitted 

21 will meet the educational or career training 

22 needs of maritime workers in the commu23 nity served by the eligible institution; 

24 ‘‘(iii) the extent to which the project 

25 for which the grant proposal is submitted 


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1 fits within any overall strategic plan devel2 oped by an eligible community; and 

3 ‘‘(iv) any previous experience of the 

4 eligible institution in providing maritime 

5 educational or career training programs. 

6 ‘‘(B) COMMUNITY OUTREACH REQUIRED.— 

7 In order to be considered by the Secretary, a 

8 grant proposal submitted by an eligible institu9 tion under this subsection shall— 

10 ‘‘(i) demonstrate that the eligible in11 stitution— 

12 ‘‘(I) reached out to employers to 

13 identify— 

14 ‘‘(aa) any shortcomings in 

15 existing maritime educational 

16 and career training opportunities 

17 available to workers in the com18 munity; and 

19 ‘‘(bb) any future employ20 ment opportunities within the 

21 community and the educational 

22 and career training skills re23 quired for workers to meet the 

24 future maritime employment de25 mand; and 


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1 ‘‘(II) reached out to other simi2 larly situated institutions in an effort 

3 to benefit from any best practices that 

4 may be shared with respect to pro5 viding maritime educational or career 

6 training programs to workers eligible 

7 for training; and 

8 ‘‘(ii) include a detailed description 

9 of— 

10 ‘‘(I) the extent and outcome of 

11 the outreach conducted under clause 

12 (i); 

13 ‘‘(II) the extent to which the 

14 project for which the grant proposal is 

15 submitted will contribute to meeting 

16 any shortcomings identified under 

17 clause (i)(I)(aa) or any maritime edu18 cational or career training needs iden19 tified under clause (i)(I)(bb); and 

20 ‘‘(III) the extent to which em21 ployers, including small- and medium22 sized firms within the community, 

23 have demonstrated a commitment to 

24 employing workers who would benefit 


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1 from the project for which the grant 

2 proposal is submitted. 

3 ‘‘(5) CRITERIA FOR AWARD OF GRANTS.— 

4 ‘‘(A) IN GENERAL.—Subject to the appro5 priation of funds, the Secretary shall award a 

6 grant under this subsection based on— 

7 ‘‘(i) a determination of the merits of 

8 the grant proposal submitted by the eligi9 ble institution to develop, offer, or improve 

10 maritime educational or career training 

11 programs to be made available to workers; 

12 ‘‘(ii) an evaluation of the likely em13 ployment opportunities available to workers 

14 who complete a maritime educational or 

15 career training program that the eligible 

16 institution proposes to develop, offer, or 

17 improve; 

18 ‘‘(iii) an evaluation of prior demand 

19 for training programs by workers in the 

20 community served by the eligible institu21 tion, as well as the availability and capac22 ity of existing maritime training programs 

23 to meet future demand for training pro24 grams; and 


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1 ‘‘(iv) any prior designation of an insti2 tution as a Center of Excellence for Do3 mestic Maritime Workforce Training and 

4 Education. 

5 ‘‘(B) MATCHING REQUIREMENTS.—A 

6 grant awarded under this subsection may not 

7 be used to satisfy any private matching require8 ment under any other provision of law. 

9 ‘‘(6) PUBLIC REPORT.—Not later than Decem10 ber 15 in each of the calendar years 2021 through 

11 2023, the Secretary shall make available on a pub12 lically available website a report and provide a brief13 ing to the Committee on Commerce, Science, and 

14 Transportation of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives— 

17 ‘‘(A) describing each grant awarded under 

18 this subsection during the preceding fiscal year; 

19 ‘‘(B) assessing the impact of each award of 

20 a grant under this subsection in a fiscal year 

21 preceding the fiscal year referred to in subpara22 graph (A) on workers receiving training; and 

23 ‘‘(C) the performance of the grant awarded 

24 with respect to the indicators of performance 

25 under section 116(b)(2)(A)(i) of the Workforce 


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1 Innovation and Opportunity Act (29 U.S.C. 

2 3141(b)(2)(A)(i)). 

3 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this subsection $200,000,000.’’. 

6 DIVISION O—EFFICIENT AND EF7 FECTIVE NEPA IMPLEMENTA8 TION 

9 SEC. 19101. EFFICIENT AND EFFECTIVE NEPA IMPLEMEN10 TATION. 

11 (a) DEFINITION OF AGENCY.—In this section, the 

12 term ‘‘agency’’ means a Federal agency eligible to receive 

13 funds under the INVEST in America Act. 

14 (b) FUNDING FOR THE EFFICIENT AND EFFECTIVE

15 APPLICATION OF NEPA.—For the period of fiscal years 

16 2023 through 2031, there is authorized to be appropriated 

17 to the Chair of the Council on Environmental Quality 

18 $150,000,000 for allocation to agencies eligible to receive 

19 funds under the INVEST in America Act to provide for 

20 efficient and effective environmental reviews under the 

21 National Environmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.) in accordance with the guidelines and re23 quirements established under subsection (c)(2), to remain 

24 available until expended. 

25 (c) TASK FORCE.— 


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1 (1) ESTABLISHMENT.—The Chair of the Coun2 cil on Environmental Quality shall establish and ad3 minister a task force, to be known as the ‘‘Task 

4 Force to Revitalize NEPA Implementation’’ (re5 ferred to in this section as the ‘‘Task Force’’), the 

6 membership of which may— 

7 (A) be determined by the Chair of the 

8 Council on Environmental Quality; and 

9 (B) include detailees from other agencies 

10 and personnel assigned to the Council on Envi11 ronmental Quality under subchapter VI of 

12 chapter 33 of title 5, United States Code. 

13 (2) GUIDELINES AND REQUIREMENTS.—Not 

14 later than 180 days after the date of enactment of 

15 this division, the Task Force shall establish guide16 lines and requirements for the use of amounts allo17 cated to an agency under paragraph (3) that provide 

18 for more efficient and more effective environmental 

19 reviews under the National Environmental Policy 

20 Act of 1969 (42 U.S.C. 4321 et seq.), including 

21 through the hiring and training of additional per22 sonnel, development of programmatic assessments or 

23 templates, procurement of technical or scientific 

24 services, development of data or technology systems, 


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1 stakeholder and community engagement, and the 

2 purchase of new equipment. 

3 (3) ALLOCATION OF FUNDS.— 

4 (A) APPLICATION.—An agency seeking to 

5 receive amounts under this section shall submit 

6 to the Task Force an application at such time, 

7 in such manner, and containing such informa8 tion as the Task Force shall require, which 

9 shall include criteria and performance measures 

10 for the implementation of the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et 

12 seq.) that are established by the Task Force. 

13 (B) ADDITIONAL AGENCIES.—The Task 

14 Force, working with the Director of the Office 

15 of Management and Budget, shall— 

16 (i) identify the agencies that need ad17 ditional amounts to effectively and effi18 ciently carry out the National Environ19 mental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.); and 

21 (ii) determine the additional amounts 

22 needed by each agency identified under 

23 clause (i). 


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1 (C) ALLOCATION.—The Task Force shall 

2 allocate amounts made available under sub3 section (b)— 

4 (i) for the 2-year period beginning on 

5 the date of enactment of this division, to 

6 agencies that submit an application under 

7 subparagraph (A); and 

8 (ii) for the period beginning on the 

9 date that is 2 years after the date of enact10 ment of this division and ending on Sep11 tember 30, 2026— 

12 (I) to agencies that submit an 

13 application under subparagraph (A); 

14 and 

15 (II) to agencies identified under 

16 subparagraph (B)(i). 

17 (D) TRANSFER AND ACCEPTANCE OF

18 FUNDS.— 

19 (i) TRANSFER.—The Chair of the 

20 Council on Environmental Quality may, to 

21 the extent provided in advance in appro22 priations Acts— 

23 (I) transfer amounts allocated to 

24 agencies by the Task Force under 

25 subparagraph (C) to the heads of 


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1 those agencies for use in accordance 

2 with the guidelines and requirements 

3 established by the Task Force under 

4 paragraph (2); and 

5 (II) use the amounts allocated to 

6 the Council on Environmental Quality 

7 by the Task Force under subpara8 graph (C) in accordance with the 

9 guidelines and requirements estab10 lished by the Task Force under para11 graph (2). 

12 (ii) RECEIPT AND ACCEPTANCE.—The 

13 head of an agency to which amounts are 

14 transferred by the Chair of the Council on 

15 Environmental Quality under clause (i)(I) 

16 shall be entitled to receive, may accept, 

17 and may use those amounts, in accordance 

18 with the guidelines and requirements es19 tablished by the Task Force under para20 graph (2). 

21 (4) SUPPLEMENT, NOT SUPPLANT.—Amounts 

22 allocated to an agency under this section shall sup23 plement, and not supplant, amounts otherwise made 

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1 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.). 

3 (d) REPORT.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of this division, and annually 

6 thereafter until amounts made available to carry out 

7 this section are expended, the Chair of the Council 

8 on Environmental Quality shall submit to Congress 

9 a report describing the implementation of this sec10 tion. 

11 (2) INCLUSION.—If the Task Force allocates 

12 amounts to agencies under subsection 

13 (c)(3)(C)(ii)(II), the Chair of the Council on Envi14 ronmental Quality shall include in the applicable re15 port under paragraph (1) a description of— 

16 (A) the agencies to which amounts were al17 located under that subsection; and 

18 (B) the amounts that were allocated to 

19 those agencies. 


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1 DIVISION P—ELECTRIC 

2 VEHICLES 

3 TITLE I—ZERO EMISSIONS VEHI4 CLE INFRASTRUCTURE 

5 BUILDOUT 

6 Subtitle A—Electric Vehicle 

7 Infrastructure 

8 SEC. 20101. DEFINITIONS. 

9 In this subtitle: 

10 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 

11 The term ‘‘electric vehicle supply equipment’’ means 

12 any conductors, including ungrounded, grounded, 

13 and equipment grounding conductors, electric vehicle 

14 connectors, attachment plugs, and all other fittings, 

15 devices, power outlets, or apparatuses installed spe16 cifically for the purpose of delivering energy to an 

17 electric vehicle. 

18 (2) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Energy. 

20 (3) UNDERSERVED OR DISADVANTAGED COM21 MUNITY.—The term ‘‘underserved or disadvantaged 

22 community’’ means— 

23 (A) a community located in a ZIP code 

24 that includes a census tract that is identified 

25 as— 


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1 (i) a low-income community; or 

2 (ii) a community of color; 

3 (B) a community in which climate change, 

4 pollution, or environmental destruction have ex5 acerbated systemic racial, regional, social, envi6 ronmental, and economic injustices by dis7 proportionately affecting indigenous peoples, 

8 communities of color, migrant communities, 

9 deindustrialized communities, depopulated rural 

10 communities, the poor, low-income workers, 

11 women, the elderly, the unhoused, people with 

12 disabilities, or youth; or 

13 (C) any other community that the Sec14 retary determines is disproportionately vulner15 able to, or bears a disproportionate burden of, 

16 any combination of economic, social, and envi17 ronmental stressors. 

18 SEC. 20102. ELECTRIC VEHICLE SUPPLY EQUIPMENT RE19 BATE PROGRAM. 

20 (a) REBATE PROGRAM.—Not later than January 1, 

21 2022, the Secretary shall establish a rebate program to 

22 provide rebates for covered expenses associated with pub23 licly accessible electric vehicle supply equipment (in this 

24 section referred to as the ‘‘rebate program’’). 

25 (b) REBATE PROGRAM REQUIREMENTS.— 


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1 (1) ELIGIBLE ENTITIES.—A rebate under the 

2 rebate program may be made to an individual, a 

3 State, local, Tribal, or Territorial government, a pri4 vate entity, a not-for-profit entity, a nonprofit entity, 

5 or a metropolitan planning organization. 

6 (2) ELIGIBLE EQUIPMENT.— 

7 (A) IN GENERAL.—Not later than 180 

8 days after the date of the enactment of this 

9 Act, the Secretary shall publish and maintain 

10 on the Department of Energy internet website 

11 a list of electric vehicle supply equipment that 

12 is eligible for the rebate program. 

13 (B) UPDATES.—The Secretary may, by 

14 regulation, add to, or otherwise revise, the list 

15 of electric vehicle supply equipment under sub16 paragraph (A) if the Secretary determines that 

17 such addition or revision will likely lead to— 

18 (i) greater usage of electric vehicle 

19 supply equipment; 

20 (ii) greater access to electric vehicle 

21 supply equipment by users; or 

22 (iii) an improved experience for users 

23 of electric vehicle supply equipment, in24 cluding accessibility in compliance with the 


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1 Americans with Disabilities Act of 1990 

2 (42 U.S.C. 12101 et seq.). 

3 (C) LOCATION REQUIREMENT.—To be eli4 gible for the rebate program, the electric vehicle 

5 supply equipment described in subparagraph 

6 (A) shall be installed— 

7 (i) in the United States; 

8 (ii) on property— 

9 (I) owned by the eligible entity 

10 under paragraph (1); or 

11 (II) on which the eligible entity 

12 under paragraph (1) has authority to 

13 install electric vehicle supply equip14 ment; and 

15 (iii) at a location that is— 

16 (I) a multi-unit housing struc17 ture; 

18 (II) a workplace; 

19 (III) a commercial location; or 

20 (IV) open to the public for a 

21 minimum of 12 hours per day; 

22 (3) APPLICATION.— 

23 (A) IN GENERAL.—An eligible entity under 

24 paragraph (1) may submit to the Secretary an 


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1 application for a rebate under the rebate pro2 gram. Such application shall include— 

3 (i) the estimated cost of covered ex4 penses to be expended on the electric vehi5 cle supply equipment that is eligible under 

6 paragraph (2); 

7 (ii) the estimated installation cost of 

8 the electric vehicle supply equipment that 

9 is eligible under paragraph (2); 

10 (iii) the global positioning system lo11 cation, including the integer number of de12 grees, minutes, and seconds, where such 

13 electric vehicle supply equipment is to be 

14 installed, and identification of whether 

15 such location is— 

16 (I) a multi-unit housing struc17 ture; 

18 (II) a workplace; 

19 (III) a commercial location; or 

20 (IV) open to the public for a 

21 minimum of 12 hours per day; 

22 (iv) the technical specifications of 

23 such electric vehicle supply equipment, in24 cluding the maximum power voltage and 

25 amperage of such equipment; 


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1 (v) an identification of any existing 

2 electric vehicle supply equipment that— 

3 (I) is available to the public for a 

4 minimum of 12 hours per day; and 

5 (II) is not further than 50 miles 

6 from the global positioning system lo7 cation identified under clause (iii); 

8 and 

9 (vi) any other information determined 

10 by the Secretary to be necessary for a com11 plete application. 

12 (B) REVIEW PROCESS.—The Secretary 

13 shall review an application for a rebate under 

14 the rebate program and approve an eligible en15 tity under paragraph (1) to receive such rebate 

16 if the application meets the requirements of the 

17 rebate program under this subsection. 

18 (C) NOTIFICATION TO ELIGIBLE ENTITY.— 

19 Not later than 1 year after the date on which 

20 the eligible entity under paragraph (1) applies 

21 for a rebate under the rebate program, the Sec22 retary shall notify the eligible entity whether 

23 the eligible entity will be awarded a rebate 

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1 sion of additional materials required under 

2 paragraph (5). 

3 (4) REBATE AMOUNT.— 

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

5 subparagraph (B), the amount of a rebate made 

6 under the rebate program for each charging 

7 unit shall be the lesser of— 

8 (i) 75 percent of the applicable cov9 ered expenses; 

10 (ii) $2,000 for covered expenses asso11 ciated with the purchase and installation of 

12 non-networked level 2 charging equipment; 

13 (iii) $4,000 for covered expenses asso14 ciated with the purchase and installation of 

15 networked level 2 charging equipment; or 

16 (iv) $100,000 for covered expenses as17 sociated with the purchase and installation 

18 of networked direct current fast charging 

19 equipment. 

20 (B) REBATE AMOUNT FOR REPLACEMENT

21 EQUIPMENT.—A rebate made under the rebate 

22 program for replacement of pre-existing electric 

23 vehicle supply equipment at a single location 

24 shall be the lesser of— 


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1 (i) 75 percent of the applicable cov2 ered expenses; 

3 (ii) $1,000 for covered expenses asso4 ciated with the purchase and installation of 

5 non-networked level 2 charging equipment; 

6 (iii) $2,000 for covered expenses asso7 ciated with the purchase and installation of 

8 networked level 2 charging equipment; or 

9 (iv) $25,000 for covered expenses as10 sociated with the purchase and installation 

11 of networked direct current fast charging 

12 equipment. 

13 (5) DISBURSEMENT OF REBATE.— 

14 (A) IN GENERAL.—The Secretary shall 

15 disburse a rebate under the rebate program to 

16 an eligible entity under paragraph (1), following 

17 approval of an application under paragraph (3), 

18 if such entity submits the materials required 

19 under subparagraph (B). 

20 (B) MATERIALS REQUIRED FOR DISBURSE21 MENT OF REBATE.—Not later than one year 

22 after the date on which the eligible entity under 

23 paragraph (1) receives notice under paragraph 

24 (3)(C) that the eligible entity has been apVerDate Sep 11 2014 23:28 Jul 13, 2021 Jkt 019200 PO 00000 Frm 01891 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.PCS H3684

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1 proved for a rebate, such eligible entity shall 

2 submit to the Secretary the following— 

3 (i) a record of payment for covered 

4 expenses expended on the installation of 

5 the electric vehicle supply equipment that 

6 is eligible under paragraph (2); 

7 (ii) a record of payment for the elec8 tric vehicle supply equipment that is eligi9 ble under paragraph (2); 

10 (iii) the global positioning system lo11 cation of where such electric vehicle supply 

12 equipment was installed and identification 

13 of whether such location is— 

14 (I) a multi-unit housing struc15 ture; 

16 (II) a workplace; 

17 (III) a commercial location; or 

18 (IV) open to the public for a 

19 minimum of 12 hours per day; 

20 (iv) the technical specifications of the 

21 electric vehicle supply equipment that is el22 igible under paragraph (2), including the 

23 maximum power voltage and amperage of 

24 such equipment; and 


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1 (v) any other information determined 

2 by the Secretary to be necessary. 

3 (C) AGREEMENT TO MAINTAIN.—To be eli4 gible for a rebate under the rebate program, an 

5 eligible entity under paragraph (1) shall enter 

6 into an agreement with the Secretary to main7 tain the electric vehicle supply equipment that 

8 is eligible under paragraph (2) in a satisfactory 

9 manner for not less than 5 years after the date 

10 on which the eligible entity under paragraph (1) 

11 receives the rebate under the rebate program. 

12 (D) EXCEPTION.—The Secretary shall not 

13 disburse a rebate under the rebate program if 

14 materials submitted under subparagraph (B) do 

15 not meet the same global positioning system lo16 cation and technical specifications for the elec17 tric vehicle supply equipment that is eligible 

18 under paragraph (2) provided in an application 

19 under paragraph (3). 

20 (6) MULTI-PORT CHARGERS.—An eligible entity 

21 under paragraph (1) shall be awarded a rebate 

22 under the rebate program for covered expenses relat23 ing to the purchase and installation of a multi-port 

24 charger based on the number of publicly accessible 

25 charging ports, with each subsequent port after the 


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1 first port being eligible for 50 percent of the full re2 bate amount. 

3 (7) NETWORKED DIRECT CURRENT FAST

4 CHARGING.—Of amounts appropriated to carry out 

5 the rebate program, not more than 40 percent may 

6 be used for rebates of networked direct current fast 

7 charging equipment. 

8 (8) HYDROGEN FUEL CELL REFUELING INFRA9 STRUCTURE.—Hydrogen refueling equipment shall 

10 be eligible for a rebate under the rebate program as 

11 though it were networked direct current fast charg12 ing equipment. All requirements related to public ac13 cessibility of installed locations shall apply. 

14 (9) REPORT.—Not later than 3 years after the 

15 first date on which the Secretary awards a rebate 

16 under the rebate program, the Secretary shall sub17 mit to the Committee on Energy and Commerce of 

18 the House of Representatives and the Committee on 

19 Energy and Natural Resources of the Senate a re20 port of the number of rebates awarded for electric 

21 vehicle supply equipment and hydrogen fuel cell re22 fueling equipment in each of the location categories 

23 described in paragraph (2)(C)(iii). 

24 (c) DEFINITIONS.—In this section: 


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1 (1) COVERED EXPENSES.—The term ‘‘covered 

2 expenses’’ means an expense that is associated with 

3 the purchase and installation of electric vehicle sup4 ply equipment, including— 

5 (A) the cost of electric vehicle supply 

6 equipment; 

7 (B) labor costs associated with the installa8 tion of such electric vehicle supply equipment, 

9 only if wages for such labor are paid at rates 

10 not less than those prevailing on similar labor 

11 in the locality of installation, as determined by 

12 the Secretary of Labor under subchapter IV of 

13 chapter 31 of title 40, United States Code 

14 (commonly referred to as the ‘‘Davis-Bacon 

15 Act’’); 

16 (C) material costs associated with the in17 stallation of such electric vehicle supply equip18 ment, including expenses involving electrical 

19 equipment and necessary upgrades or modifica20 tions to the electrical grid and associated infra21 structure required for the installation of such 

22 electric vehicle supply equipment; 

23 (D) permit costs associated with the instal24 lation of such electric vehicle supply equipment; 

25 and 


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1 (E) the cost of an on-site energy storage 

2 system. 

3 (2) ELECTRIC VEHICLE.—The term ‘‘electric 

4 vehicle’’ means a vehicle that derives all or part of 

5 its power from electricity. 

6 (3) MULTI-PORT CHARGER.—The term ‘‘multi7 port charger’’ means electric vehicle supply equip8 ment capable of charging more than one electric ve9 hicle. 

10 (4) LEVEL 2 CHARGING EQUIPMENT.—The 

11 term ‘‘level 2 charging equipment’’ means electric 

12 vehicle supply equipment that provides an alter13 nating current power source at a minimum of 208 

14 volts. 

15 (5) NETWORKED DIRECT CURRENT FAST

16 CHARGING EQUIPMENT.—The term ‘‘networked di17 rect current fast charging equipment’’ means electric 

18 vehicle supply equipment that provides a direct cur19 rent power source at a minimum of 50 kilowatts and 

20 is enabled to connect to a network to facilitate data 

21 collection and access. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $100,000,000 for each of fiscal years 2022 through 2026. 


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1 SEC. 20103. MODEL BUILDING CODE FOR ELECTRIC VEHI2 CLE SUPPLY EQUIPMENT. 

3 (a) REVIEW.—The Secretary shall review proposed or 

4 final model building codes for— 

5 (1) integrating electric vehicle supply equipment 

6 into residential and commercial buildings that in7 clude space for individual vehicle or fleet vehicle 

8 parking; and 

9 (2) integrating onsite renewable power equip10 ment and electric storage equipment (including elec11 tric vehicle batteries to be used for electric storage) 

12 into residential and commercial buildings. 

13 (b) TECHNICAL ASSISTANCE.—The Secretary shall 

14 provide technical assistance to stakeholders representing 

15 the building construction industry, manufacturers of elec16 tric vehicles and electric vehicle supply equipment, State 

17 and local governments, and any other persons with rel18 evant expertise or interests to facilitate understanding of 

19 the model code and best practices for adoption by jurisdic20 tions. 

21 SEC. 20104. ELECTRIC VEHICLE SUPPLY EQUIPMENT CO22 ORDINATION. 

23 (a) IN GENERAL.—Not later than 90 days after the 

24 date of enactment of this Act, the Secretary, acting 

25 through the Assistant Secretary of the Office of Electricity 

26 Delivery and Energy Reliability (including the Smart Grid 


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1 Task Force), shall convene a group to assess progress in 

2 the development of standards necessary to— 

3 (1) support the expanded deployment of electric 

4 vehicle supply equipment; 

5 (2) develop an electric vehicle charging network 

6 to provide reliable charging for electric vehicles na7 tionwide, taking into consideration range anxiety 

8 and the location of charging infrastructure to ensure 

9 an electric vehicle can travel throughout the United 

10 States without losing a charge; and 

11 (3) ensure the development of such network will 

12 not compromise the stability and reliability of the 

13 electric grid. 

14 (b) REPORT TO CONGRESS.—Not later than 1 year 

15 after the date of enactment of this Act, the Secretary shall 

16 provide to the Committee on Energy and Commerce of the 

17 House of Representatives and to the Committee on En18 ergy and Natural Resources of the Senate a report con19 taining the results of the assessment carried out under 

20 subsection (a) and recommendations to overcome any bar21 riers to standards development or adoption identified by 

22 the group convened under such subsection. 


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1 SEC. 20105. STATE CONSIDERATION OF ELECTRIC VEHICLE 

2 CHARGING. 

3 (a) CONSIDERATION AND DETERMINATION RESPECT4 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 

5 of the Public Utility Regulatory Policies Act of 1978 (16 

6 U.S.C. 2621(d)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(20) ELECTRIC VEHICLE CHARGING PRO9 GRAMS.— 

10 ‘‘(A) IN GENERAL.—Each State shall con11 sider measures to promote greater electrifica12 tion of the transportation sector, including— 

13 ‘‘(i) authorizing measures to stimulate 

14 investment in and deployment of electric 

15 vehicle supply equipment and to foster the 

16 market for electric vehicle charging; 

17 ‘‘(ii) authorizing each electric utility 

18 of the State to recover from ratepayers any 

19 capital, operating expenditure, or other 

20 costs of the electric utility relating to load 

21 management, programs, or investments as22 sociated with the integration of electric ve23 hicle supply equipment into the grid; and 

24 ‘‘(iii) allowing a person or agency that 

25 owns and operates an electric vehicle 

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1 charging an electric vehicle battery to be 

2 excluded from regulation as an electric 

3 utility pursuant to section 3(4) when mak4 ing electricity sales from the use of the 

5 electric vehicle charging facility, if such 

6 sales are the only sales of electricity made 

7 by the person or agency. 

8 ‘‘(B) DEFINITION.—For purposes of this 

9 paragraph, the term ‘electric vehicle supply 

10 equipment’ means conductors, including 

11 ungrounded, grounded, and equipment ground12 ing conductors, electric vehicle connectors, at13 tachment plugs, and all other fittings, devices, 

14 power outlets, or apparatuses installed specifi15 cally for the purpose of delivering energy to an 

16 electric vehicle.’’. 

17 (b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 

18 (1) TIME LIMITATIONS.—Section 112(b) of the 

19 Public Utility Regulatory Policies Act of 1978 (16 

20 U.S.C. 2622(b)) is amended by adding at the end 

21 the following: 

22 ‘‘(7)(A) Not later than 1 year after the date of 

23 enactment of this paragraph, each State regulatory 

24 authority (with respect to each electric utility for 

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1 regulated electric utility shall commence the consid2 eration referred to in section 111, or set a hearing 

3 date for consideration, with respect to the standards 

4 established by paragraph (20) of section 111(d). 

5 ‘‘(B) Not later than 2 years after the date of 

6 the enactment of this paragraph, each State regu7 latory authority (with respect to each electric utility 

8 for which it has ratemaking authority), and each 

9 nonregulated electric utility, shall complete the con10 sideration, and shall make the determination, re11 ferred to in section 111 with respect to each stand12 ard established by paragraph (20) of section 

13 111(d).’’. 

14 (2) FAILURE TO COMPLY.—Section 112(c) of 

15 the Public Utility Regulatory Policies Act of 1978 

16 (16 U.S.C. 2622(c)) is amended by adding at the 

17 end the following: ‘‘In the case of the standard es18 tablished by paragraph (20) of section 111(d), the 

19 reference contained in this subsection to the date of 

20 enactment of this Act shall be deemed to be a ref21 erence to the date of enactment of that paragraph.’’. 

22 (3) PRIOR STATE ACTIONS.—Section 112 of the 

23 Public Utility Regulatory Policies Act of 1978 (16 

24 U.S.C. 2622) is amended by adding at the end the 

25 following: 


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1 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

2 (c) of this section shall not apply to the standard estab3 lished by paragraph (20) of section 111(d) in the case of 

4 any electric utility in a State if, before the enactment of 

5 this subsection— 

6 ‘‘(1) the State has implemented for such utility 

7 the standard concerned (or a comparable standard); 

8 ‘‘(2) the State regulatory authority for such 

9 State or relevant nonregulated electric utility has 

10 conducted a proceeding to consider implementation 

11 of the standard concerned (or a comparable stand12 ard) for such utility; 

13 ‘‘(3) the State legislature has voted on the im14 plementation of such standard (or a comparable 

15 standard) for such utility; or 

16 ‘‘(4) the State has taken action to implement 

17 incentives or other steps to strongly encourage the 

18 deployment of electric vehicles.’’. 

19 (4) PRIOR AND PENDING PROCEEDINGS.—Sec20 tion 124 of the Public Utility Regulatory Policies 

21 Act of 1978 (16 U.S.C. 2634) is amended is amend22 ed by adding at the end the following: ‘‘In the case 

23 of the standard established by paragraph (20) of 

24 section 111(d), the reference contained in this sec25 tion to the date of the enactment of this Act shall 


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1 be deemed to be a reference to the date of enact2 ment of such paragraph (20).’’. 

3 SEC. 20106. STATE ENERGY PLANS. 

4 (a) STATE ENERGY CONSERVATION PLANS.—Section 

5 362(d) of the Energy Policy and Conservation Act (42 

6 U.S.C. 6322(d)) is amended— 

7 (1) in paragraph (16), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (2) by redesignating paragraph (17) as para10 graph (18); and 

11 (3) by inserting after paragraph (16) the fol12 lowing: 

13 ‘‘(17) a State energy transportation plan devel14 oped in accordance with section 367; and’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 365(f) of the Energy Policy and Conservation Act (42 

17 U.S.C. 6325(f)) is amended to read as follows: 

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) STATE ENERGY CONSERVATION PLANS.— 

20 For the purpose of carrying out this part, there are 

21 authorized to be appropriated $100,000,000 for each 

22 of fiscal years 2022 through 2026. 

23 ‘‘(2) STATE ENERGY TRANSPORTATION

24 PLANS.—In addition to the amounts authorized 

25 under paragraph (1), for the purpose of carrying out 


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1 section 367, there are authorized to be appropriated 

2 $25,000,000 for each of fiscal years 2022 through 

3 2026.’’. 

4 (c) STATE ENERGY TRANSPORTATION PLANS.— 

5 (1) IN GENERAL.—Part D of title III of the 

6 Energy Policy and Conservation Act (42 U.S.C. 

7 6321 et seq.) is amended by adding at the end the 

8 following: 

9 ‘‘SEC. 367. STATE ENERGY TRANSPORTATION PLANS. 

10 ‘‘(a) IN GENERAL.—The Secretary may provide fi11 nancial assistance to a State to develop a State energy 

12 transportation plan, for inclusion in a State energy con13 servation plan under section 362(d), to promote the elec14 trification of the transportation system, reduced consump15 tion of fossil fuels, and improved air quality. 

16 ‘‘(b) DEVELOPMENT.—A State developing a State en17 ergy transportation plan under this section shall carry out 

18 this activity through the State energy office that is respon19 sible for developing the State energy conservation plan 

20 under section 362. 

21 ‘‘(c) CONTENTS.—A State developing a State energy 

22 transportation plan under this section shall include in such 

23 plan a plan to— 

24 ‘‘(1) deploy a network of electric vehicle supply 

25 equipment to ensure access to electricity for electric 


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1 vehicles, including commercial vehicles, to an extent 

2 that such electric vehicles can travel throughout the 

3 State without running out of a charge; and 

4 ‘‘(2) promote modernization of the electric grid, 

5 including through the use of renewable energy 

6 sources to power the electric grid, to accommodate 

7 demand for power to operate electric vehicle supply 

8 equipment and to utilize energy storage capacity 

9 provided by electric vehicles, including commercial 

10 vehicles. 

11 ‘‘(d) COORDINATION.—In developing a State energy 

12 transportation plan under this section, a State shall co13 ordinate, as appropriate, with— 

14 ‘‘(1) State regulatory authorities (as defined in 

15 section 3 of the Public Utility Regulatory Policies 

16 Act of 1978 (16 U.S.C. 2602)); 

17 ‘‘(2) electric utilities; 

18 ‘‘(3) regional transmission organizations or 

19 independent system operators; 

20 ‘‘(4) private entities that provide electric vehicle 

21 charging services; 

22 ‘‘(5) State transportation agencies, metropoli23 tan planning organizations, and local governments; 

24 ‘‘(6) electric vehicle manufacturers; 


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1 ‘‘(7) public and private entities that manage ve2 hicle fleets; and 

3 ‘‘(8) public and private entities that manage 

4 ports, airports, or other transportation hubs. 

5 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

6 Governor of a State, the Secretary shall provide informa7 tion and technical assistance in the development, imple8 mentation, or revision of a State energy transportation 

9 plan. 

10 ‘‘(f) ELECTRIC VEHICLE SUPPLY EQUIPMENT DE11 FINED.—For purposes of this section, the term ‘electric 

12 vehicle supply equipment’ means conductors, including 

13 ungrounded, grounded, and equipment grounding conduc14 tors, electric vehicle connectors, attachment plugs, and all 

15 other fittings, devices, power outlets, or apparatuses in16 stalled specifically for the purpose of delivering energy to 

17 an electric vehicle.’’. 

18 (2) CONFORMING AMENDMENT.—The table of 

19 sections for part D of title III of the Energy Policy 

20 and Conservation Act is amended by adding at the 

21 end the following: 

‘‘Sec. 367. State energy security plans.’’. 

22 SEC. 20107. TRANSPORTATION ELECTRIFICATION. 

23 Section 131 of the Energy Independence and Security 

24 Act of 2007 (42 U.S.C. 17011) is amended— 

25 (1) in subsection (a)(6)— 


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1 (A) in subparagraph (A), by inserting ‘‘, 

2 including ground support equipment at ports’’ 

3 before the semicolon; 

4 (B) in subparagraph (E), by inserting 

5 ‘‘and vehicles’’ before the semicolon; 

6 (C) in subparagraph (H), by striking 

7 ‘‘and’’ at the end; 

8 (D) in subparagraph (I)— 

9 (i) by striking ‘‘battery chargers,’’; 

10 and 

11 (ii) by striking the period at the end 

12 and inserting a semicolon; and 

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

14 ‘‘(J) installation of electric vehicle supply 

15 equipment for recharging plug-in electric drive 

16 vehicles, including such equipment that is acces17 sible in rural and urban areas and in under18 served or disadvantaged communities and such 

19 equipment for medium- and heavy-duty vehicles, 

20 including at depots and in-route locations; 

21 ‘‘(K) multi-use charging hubs used for 

22 multiple forms of transportation; 

23 ‘‘(L) medium- and heavy-duty vehicle 

24 smart charging management and refueling; 


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1 ‘‘(M) battery recycling and secondary use, 

2 including for medium- and heavy-duty vehicles; 

3 and 

4 ‘‘(N) sharing of best practices, and tech5 nical assistance provided by the Department to 

6 public utilities commissions and utilities, for 

7 medium- and heavy-duty vehicle electrifica8 tion.’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (3)(A)(ii), by inserting ‘‘, 

11 components for such vehicles, and charging 

12 equipment for such vehicles’’ after ‘‘vehicles’’; 

13 and 

14 (B) in paragraph (6), by striking 

15 ‘‘$90,000,000 for each of fiscal years 2008 

16 through 2012’’ and inserting ‘‘$2,000,000,000 

17 for each of fiscal years 2022 through 2026’’; 

18 (3) in subsection (c)— 

19 (A) in the header, by striking ‘‘NEAR20 TERM’’ and inserting ‘‘LARGE-SCALE’’; and 

21 (B) in paragraph (4), by striking 

22 ‘‘$95,000,000 for each of fiscal years 2008 

23 through 2013’’ and inserting ‘‘$2,500,000,000 

24 for each of fiscal years 2022 through 2026’’; 

25 and 


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1 (4) by redesignating subsection (d) as sub2 section (e) and inserting after subsection (c) the fol3 lowing: 

4 ‘‘(d) PRIORITY.—In providing grants under sub5 sections (b) and (c), the Secretary shall give priority con6 sideration to applications that contain a written assurance 

7 that all laborers and mechanics employed by contractors 

8 or subcontractors during construction, alteration, or re9 pair that is financed, in whole or in part, by a grant pro10 vided under this section shall be paid wages at rates not 

11 less than those prevailing on similar construction in the 

12 locality, as determined by the Secretary of Labor in ac13 cordance with sections 3141 through 3144, 3146, and 

14 3147 of title 40, United States Code (and the Secretary 

15 of Labor shall, with respect to the labor standards de16 scribed in this clause, have the authority and functions 

17 set forth in Reorganization Plan Numbered 14 of 1950 

18 (5 U.S.C. App.) and section 3145 of title 40, United 

19 States Code).’’. 

20 SEC. 20108. FEDERAL FLEETS. 

21 (a) MINIMUM FEDERAL FLEET REQUIREMENT.— 

22 Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 

23 13212) is amended— 

24 (1) in subsection (a), by adding at the end the 

25 following: 


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1 ‘‘(3) The Secretary, in consultation with the Adminis2 trator of General Services, shall ensure that in acquiring 

3 medium- and heavy-duty vehicles for a Federal fleet, a 

4 Federal entity shall acquire zero emission vehicles to the 

5 maximum extent feasible.’’; 

6 (2) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) PERCENTAGE REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) LIGHT-DUTY VEHICLES.—Beginning 

11 in fiscal year 2025, 100 percent of the total 

12 number of light-duty vehicles acquired by a 

13 Federal entity for a Federal fleet shall be alter14 native fueled vehicles, of which— 

15 ‘‘(i) at least 50 percent shall be zero 

16 emission vehicles or plug-in hybrids in fis17 cal years 2025 through 2034; 

18 ‘‘(ii) at least 75 percent shall be zero 

19 emission vehicles or plug-in hybrids in fis20 cal years 2035 through 2049; and 

21 ‘‘(iii) 100 percent shall be zero emis22 sion vehicles in fiscal year 2050 and there23 after. 

24 ‘‘(B) MEDIUM- AND HEAVY-DUTY VEHI25 CLES.—The following percentages of the total 


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1 number of medium- and heavy-duty vehicles ac2 quired by a Federal entity for a Federal fleet 

3 shall be alternative fueled vehicles: 

4 ‘‘(i) At least 20 percent in fiscal years 

5 2025 through 2029. 

6 ‘‘(ii) At least 30 percent in fiscal 

7 years 2030 through 2039. 

8 ‘‘(iii) At least 40 percent in fiscal 

9 years 2040 through 2049. 

10 ‘‘(iv) At least 50 percent in fiscal year 

11 2050 and thereafter. 

12 ‘‘(2) EXCEPTION.—The Secretary, in consulta13 tion with the Administrator of General Services 

14 where appropriate, may permit a Federal entity to 

15 acquire for a Federal fleet a smaller percentage than 

16 is required in paragraph (1) for a fiscal year, so long 

17 as the aggregate percentage acquired for each class 

18 of vehicle for all Federal fleets in the fiscal year is 

19 at least equal to the required percentage. 

20 ‘‘(3) DEFINITIONS.—In this subsection: 

21 ‘‘(A) FEDERAL FLEET.—The term ‘Fed22 eral fleet’ means a fleet of vehicles that are cen23 trally fueled or capable of being centrally fueled 

24 and are owned, operated, leased, or otherwise 

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1 tive department, military department, Govern2 ment corporation, independent establishment, 

3 or executive agency, the United States Postal 

4 Service, the courts of the United States, or the 

5 Executive Office of the President. Such term 

6 does not include— 

7 ‘‘(i) motor vehicles held for lease or 

8 rental to the general public; 

9 ‘‘(ii) motor vehicles used for motor ve10 hicle manufacturer product evaluations or 

11 tests; 

12 ‘‘(iii) law enforcement vehicles; 

13 ‘‘(iv) emergency vehicles; or 

14 ‘‘(v) motor vehicles acquired and used 

15 for military purposes that the Secretary of 

16 Defense has certified to the Secretary must 

17 be exempt for national security reasons. 

18 ‘‘(B) FLEET.—The term ‘fleet’ means— 

19 ‘‘(i) 20 or more light-duty vehicles, lo20 cated in a metropolitan statistical area or 

21 consolidated metropolitan statistical area, 

22 as established by the Bureau of the Cen23 sus, with a 1980 population of more than 

24 250,000; or 


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1 ‘‘(ii) 10 or more medium- or heavy2 duty vehicles, located at a Federal facility 

3 or located in a metropolitan statistical area 

4 or consolidated metropolitan statistical 

5 area, as established by the Bureau of the 

6 Census, with a 1980 population of more 

7 than 250,000.’’; and 

8 (3) in subsection (f)(2)(B)— 

9 (A) by striking ‘‘, either’’; and 

10 (B) in clause (i), by striking ‘‘or’’ and in11 serting ‘‘and’’. 

12 (b) FEDERAL FLEET CONSERVATION REQUIRE13 MENTS.—Section 400FF(a) of the Energy Policy and 

14 Conservation Act (42 U.S.C. 6374e) is amended— 

15 (1) in paragraph (1)— 

16 (A) by striking ‘‘18 months after the date 

17 of enactment of this section’’ and inserting ‘‘12 

18 months after the date of enactment of the IN19 VEST in America Act’’; 

20 (B) by striking ‘‘2010’’ and inserting 

21 ‘‘2022’’; and 

22 (C) by striking ‘‘and increase alternative 

23 fuel consumption’’ and inserting ‘‘, increase al24 ternative fuel consumption, and reduce vehicle 

25 greenhouse gas emissions’’; and 


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1 (2) by striking paragraph (2) and inserting the 

2 following: 

3 ‘‘(2) GOALS.—The goals of the requirements 

4 under paragraph (1) are that each Federal agency 

5 shall— 

6 ‘‘(A) reduce fleet-wide per-mile greenhouse 

7 gas emissions from agency fleet vehicles, rel8 ative to a baseline of emissions in 2015, by— 

9 ‘‘(i) not less than 30 percent by the 

10 end of fiscal year 2025; 

11 ‘‘(ii) not less than 50 percent by the 

12 end of fiscal year 2030; and 

13 ‘‘(iii) 100 percent by the end of fiscal 

14 year 2050; and 

15 ‘‘(B) increase the annual percentage of al16 ternative fuel consumption by agency fleet vehi17 cles as a proportion of total annual fuel con18 sumption by Federal fleet vehicles, to achieve— 

19 ‘‘(i) 25 percent of total annual fuel 

20 consumption that is alternative fuel by the 

21 end of fiscal year 2025; 

22 ‘‘(ii) 50 percent of total annual fuel 

23 consumption that is alternative fuel by the 

24 end of fiscal year 2035; and 


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1 ‘‘(iii) at least 85 percent of total an2 nual fuel consumption that is alternative 

3 fuel by the end of fiscal year 2050.’’. 

4 Subtitle B—Electric Vehicles for 

5 Underserved Communities 

6 SEC. 20111. EXPANDING ACCESS TO ELECTRIC VEHICLES IN 

7 UNDERSERVED AND DISADVANTAGED COM8 MUNITIES. 

9 (a) IN GENERAL.— 

10 (1) ASSESSMENT.—The Secretary shall conduct 

11 an assessment of the state of, challenges to, and op12 portunities for the deployment of electric vehicle 

13 charging infrastructure in underserved or disadvan14 taged communities located throughout the United 

15 States. 

16 (2) REPORT.—Not later than 1 year after the 

17 date of the enactment of this Act, the Secretary 

18 shall submit to the Committee on Energy and Com19 merce of the House of Representatives and the Com20 mittee on Energy and Natural Resources of the Sen21 ate a report on the results of the assessment con22 ducted under paragraph (1), which shall— 

23 (A) describe the state of deployment of 

24 electric vehicle charging infrastructure in un25 derserved or disadvantaged communities located 


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1 in urban, suburban, and rural areas, including 

2 a description of— 

3 (i) the state of deployment of electric 

4 vehicle charging infrastructure that is— 

5 (I) publicly accessible; 

6 (II) installed in or available to 

7 occupants of public and affordable 

8 housing; 

9 (III) installed in or available to 

10 occupants of multi-unit dwellings; 

11 (IV) available to public sector 

12 and commercial fleets; and 

13 (V) installed in or available at 

14 places of work; 

15 (ii) policies, plans, and programs that 

16 cities, States, utilities, and private entities 

17 are using to encourage greater deployment 

18 and usage of electric vehicles and the asso19 ciated electric vehicle charging infrastruc20 ture, including programs to encourage de21 ployment of publicly accessible electric ve22 hicle charging stations and electric vehicle 

23 charging stations available to residents in 

24 publicly owned and privately owned multi25 unit dwellings; 


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1 (iii) ownership models for Level 2 

2 charging stations and DC FAST charging 

3 stations located in residential multi-unit 

4 dwellings, commercial buildings, and pub5 licly accessible areas; 

6 (iv) mechanisms for financing electric 

7 vehicle charging stations; and 

8 (v) rates charged for the use of Level 

9 2 charging stations and DC FAST charg10 ing stations; 

11 (B) identify current barriers to expanding 

12 deployment of electric vehicle charging infra13 structure in underserved or disadvantaged com14 munities in urban, suburban, and rural areas, 

15 including barriers to expanding deployment of 

16 publicly accessible electric vehicle charging in17 frastructure; 

18 (C) identify the potential for, and barriers 

19 to, recruiting and entering into contracts with 

20 locally owned small and disadvantaged busi21 nesses, including women and minority-owned 

22 businesses, to deploy electric vehicle charging 

23 infrastructure in underserved or disadvantaged 

24 communities in urban, suburban, and rural 

25 areas; 


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1 (D) compile and provide an analysis of 

2 best practices and policies used by State and 

3 local governments, nonprofit organizations, and 

4 private entities to increase deployment of elec5 tric vehicle charging infrastructure in under6 served or disadvantaged communities in urban, 

7 suburban, and rural areas, including best prac8 tices and policies relating to— 

9 (i) public outreach and engagement; 

10 (ii) increasing deployment of publicly 

11 accessible electric vehicle charging infra12 structure; and 

13 (iii) increasing deployment of electric 

14 vehicle charging infrastructure in publicly 

15 owned and privately owned multi-unit 

16 dwellings; 

17 (E) to the extent practicable, enumerate 

18 and identify in urban, suburban, and rural 

19 areas within each State with detail at the level 

20 of ZIP Codes and census tracts— 

21 (i) the number of existing and 

22 planned publicly accessible Level 2 charg23 ing stations and DC FAST charging sta24 tions for individually owned light-duty and 

25 medium-duty electric vehicles; 


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1 (ii) the number of existing and 

2 planned Level 2 charging stations and DC 

3 FAST charging stations for public sector 

4 and commercial fleet electric vehicles and 

5 medium- and heavy-duty electric vehicles; 

6 and 

7 (iii) the number and type of electric 

8 vehicle charging stations installed in or 

9 available to occupants of public and afford10 able housing; and 

11 (F) describe the methodology used to ob12 tain the information provided in the report. 

13 (b) FIVE-YEAR UPDATE ASSESSMENT.—Not later 

14 than 5 years after the date of the enactment of this Act, 

15 the Secretary shall— 

16 (1) update the assessment conducted under 

17 subsection (a)(1); and 

18 (2) make public and submit to the Committee 

19 on Energy and Commerce of the House of Rep20 resentatives and the Committee on Energy and Nat21 ural Resources of the Senate a report, which shall— 

22 (A) update the information required by 

23 subsection (a)(2); and 

24 (B) include a description of case studies 

25 and key lessons learned after the date on which 


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1 the report under subsection (a)(2) was sub2 mitted with respect to expanding the deploy3 ment of electric vehicle charging infrastructure 

4 in underserved or disadvantaged communities in 

5 urban, suburban, and rural areas. 

6 SEC. 20112. ELECTRIC VEHICLE CHARGING EQUITY PRO7 GRAM. 

8 (a) PROGRAM.—Not later than 90 days after the date 

9 of the enactment of this Act, the Secretary shall establish 

10 a program, to be known as the EV Charging Equity Pro11 gram, to increase deployment and accessibility of electric 

12 vehicle charging infrastructure in underserved or dis13 advantaged communities by— 

14 (1) providing technical assistance to eligible en15 tities described in subsection (e); and 

16 (2) awarding grants on a competitive basis to 

17 eligible entities described in subsection (e) for 

18 projects that increase such deployment and accessi19 bility of electric vehicle charging infrastructure, in20 cluding projects that are— 

21 (A) publicly accessible; 

22 (B) located within or are easily accessible 

23 to residents of— 

24 (i) public or affordable housing; 

25 (ii) multi-unit dwellings; or 


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1 (iii) single-family homes; and 

2 (C) located within or easily accessible to 

3 places of work, provided that such electric vehi4 cle charging infrastructure is accessible no 

5 fewer than 5 days per week. 

6 (b) COST SHARE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the amount of a grant awarded under 

9 this section for a project shall not exceed 80 percent 

10 of project costs. 

11 (2) SINGLE-FAMILY HOMES.—The amount of a 

12 grant awarded under this section for a project that 

13 involves, as a primary focus, single-family homes 

14 shall not exceed 60 percent of project costs. 

15 (c) LIMITATION.—Not more than 15 percent of the 

16 amount awarded for grants under this section in a fiscal 

17 year shall be awarded for projects that involve, as a pri18 mary focus, single-family homes. 

19 (d) PRIORITY.—In awarding grants and providing 

20 technical assistance under this section, the Secretary shall 

21 give priority to projects that— 

22 (1) provide the greatest benefit to the greatest 

23 number of people within an underserved or dis24 advantaged community; 

25 (2) incorporate renewable energy resources; 


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1 (3) maximize local job creation, particularly 

2 among low-income, women, and minority workers; or 

3 (4) utilize or involve locally owned small and 

4 disadvantaged businesses, including women and mi5 nority-owned businesses. 

6 (e) ELIGIBLE ENTITIES.— 

7 (1) IN GENERAL.—To be eligible for a grant or 

8 technical assistance under the EV Charging Equity 

9 Program, an entity shall be— 

10 (A) an individual or household that is the 

11 owner of where a project will be carried out; 

12 (B) a State, local, Tribal, or Territorial 

13 government, or an agency or department there14 of; 

15 (C) an electric utility, including— 

16 (i) a municipally owned electric utility; 

17 (ii) a publicly owned electric utility; 

18 (iii) an investor-owned utility; and 

19 (iv) a rural electric cooperative; 

20 (D) a nonprofit organization or institution; 

21 (E) a public housing authority; 

22 (F) an institution of higher education (as 

23 defined in section 101 of the Higher Education 

24 Act of 1965 (20 U.S.C. 1001)); 


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1 (G) a local small or disadvantaged busi2 ness; or 

3 (H) a partnership between any number of 

4 eligible entities described in subparagraphs (A) 

5 through (G). 

6 (2) UPDATES.—The Secretary may add to or 

7 otherwise revise the list of eligible entities under 

8 paragraph (1) if the Secretary determines that such 

9 an addition or revision would be beneficial to in10 creasing deployment and accessibility of electric ve11 hicle charging infrastructure in underserved or dis12 advantaged communities. 

13 (f) PUBLIC NOTICE AND REQUEST FOR APPLICA14 TIONS.—The Secretary shall publish in the Federal Reg15 ister, and such other publications as the Secretary con16 siders to be appropriate, a notice and request for applica17 tions to carry out projects under the EV Charging Equity 

18 Program. 

19 (g) EDUCATION AND OUTREACH.— 

20 (1) IN GENERAL.—In carrying out the EV 

21 Charging Equity Program, the Secretary shall estab22 lish an education and outreach component of such 

23 Program to ensure that information regarding such 

24 Program and the benefits and opportunities for elec25 tric vehicle charging is made available to individuals 


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1 and relevant entities that live within or serve under2 served or disadvantaged communities. 

3 (2) REQUIREMENTS.—At a minimum, the edu4 cation and outreach component of the EV Charging 

5 Equity Program established under this subsection 

6 shall include— 

7 (A) the development and dissemination of 

8 an electric vehicle charging resource guide that 

9 is— 

10 (i) maintained electronically on a 

11 website; 

12 (ii) available to the public, free of 

13 charge; and 

14 (iii) directed specifically towards indi15 viduals and relevant entities that live with16 in or serve underserved or disadvantaged 

17 communities; 

18 (B) targeted outreach towards, and coordi19 nated public outreach with, relevant local, 

20 State, and Tribal entities, nonprofit organiza21 tions, and institutions of higher education, that 

22 are located within or serve underserved or dis23 advantaged communities; and 

24 (C) any other such forms of education or 

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1 priate to increase awareness of and access to 

2 the EV Charging Equity Program. 

3 (h) REPORTS TO CONGRESS.—Not later than 1 year 

4 after the EV Charging Equity Program is established 

5 under this section, and not less frequently than once every 

6 2 years after that, the Secretary shall submit to the Com7 mittee on Energy and Commerce of the House of Rep8 resentatives and the Committee on Energy and Natural 

9 Resources of the Senate, and make publicly available, a 

10 report on the status of the EV Charging Equity Program, 

11 including a list and description of projects that have re12 ceived grant awards or technical assistance, and of the 

13 funding or assistance provided to such projects. 

14 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $96,000,000 for each of fiscal years 2022 through 2026. 

17 SEC. 20113. ENSURING PROGRAM BENEFITS FOR UNDER18 SERVED AND DISADVANTAGED COMMU19 NITIES. 

20 In administering a relevant program, the Secretary 

21 shall, to the extent practicable, invest or direct available 

22 and relevant programmatic resources so that such pro23 gram— 

24 (1) promotes electric vehicle charging infra25 structure; 


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1 (2) supports clean and multi-modal transpor2 tation; 

3 (3) provides improved air quality and emissions 

4 reductions; and 

5 (4) prioritizes the needs of underserved or dis6 advantaged communities. 

7 SEC. 20114. DEFINITIONS. 

8 In this subtitle: 

9 (1) ELECTRIC VEHICLE CHARGING INFRA10 STRUCTURE.—The term ‘‘electric vehicle charging 

11 infrastructure’’ means electric vehicle supply equip12 ment, including any conductors, electric vehicle con13 nectors, attachment plugs, and all other fittings, de14 vices, power outlets, or apparatuses installed specifi15 cally for the purposes of delivering energy to an elec16 tric vehicle. 

17 (2) PUBLICLY ACCESSIBLE.—The term ‘‘pub18 licly accessible’’ means, with respect to electric vehi19 cle charging infrastructure, electric vehicle charging 

20 infrastructure that is available, at zero or reasonable 

21 cost, to members of the public for the purpose of 

22 charging a privately owned or leased electric vehicle, 

23 or electric vehicle that is available for use by mem24 bers of the general public as part of a ride service 


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1 or vehicle sharing service or program, including 

2 within or around— 

3 (A) public sidewalks and streets; 

4 (B) public parks; 

5 (C) public buildings, including— 

6 (i) libraries; 

7 (ii) schools; and 

8 (iii) government offices; 

9 (D) public parking; 

10 (E) shopping centers; and 

11 (F) commuter transit hubs. 

12 (3) RELEVANT PROGRAM.—The term ‘‘relevant 

13 program’’ means a program of the Department of 

14 Energy, including— 

15 (A) the State energy program under part 

16 D of title III the Energy Policy and Conserva17 tion Act (42 U.S.C. 6321 et seq.); 

18 (B) the Clean Cities program; 

19 (C) the Energy Efficiency and Conserva20 tion Block Grant Program established under 

21 section 542 of the Energy Independence and 

22 Security Act of 2007 (42 U.S.C. 17152); 

23 (D) loan guarantees made pursuant to title 

24 XVII of the Energy Policy Act of 2005 (42 

25 U.S.C. 16511 et seq.); and 


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1 (E) such other programs as the Secretary 

2 determines appropriate. 

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

4 the Secretary of Energy. 

5 (5) UNDERSERVED OR DISADVANTAGED COM6 MUNITY.—The term ‘‘underserved or disadvantaged 

7 community’’ means a community located within a 

8 ZIP Code or census tract that is identified as— 

9 (A) a low-income community; 

10 (B) a community of color; 

11 (C) a Tribal community; 

12 (D) having a disproportionately low num13 ber of electric vehicle charging stations per cap14 ita, compared to similar areas; or 

15 (E) any other community that the Sec16 retary determines is disproportionately vulner17 able to, or bears a disproportionate burden of, 

18 any combination of economic, social, environ19 mental, and climate stressors. 


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1 TITLE II—PROMOTING DOMES2 TIC ADVANCED VEHICLE 

3 MANUFACTURING 

4 SEC. 20201. DOMESTIC MANUFACTURING CONVERSION 

5 GRANT PROGRAM. 

6 (a) HYBRID VEHICLES, ADVANCED VEHICLES, AND

7 FUEL CELL BUSES.—Subtitle B of title VII of the Energy 

8 Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend9 ed— 

10 (1) in the subtitle header, by inserting ‘‘Plug11 In Electric Vehicles,’’ before ‘‘Hybrid Vehi12 cles’’; and 

13 (2) in part 1, in the part header, by striking 

14 ‘‘HYBRID’’ and inserting ‘‘PLUG-IN ELECTRIC’’. 

15 (b) PLUG-IN ELECTRIC VEHICLES.—Section 711 of 

16 the Energy Policy Act of 2005 (42 U.S.C. 16061) is 

17 amended to read as follows: 

18 ‘‘SEC. 711. PLUG-IN ELECTRIC VEHICLES. 

19 ‘‘The Secretary shall accelerate efforts, related to do20 mestic manufacturing, that are directed toward the im21 provement of batteries, power electronics, and other tech22 nologies for use in plug-in electric vehicles.’’. 

23 (c) EFFICIENT HYBRID AND ADVANCED DIESEL VE24 HICLES.—Section 712 of the Energy Policy Act of 2005 

25 (42 U.S.C. 16062) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by inserting ‘‘, plug3 in electric,’’ after ‘‘efficient hybrid’’; and 

4 (B) by amending paragraph (3) to read as 

5 follows: 

6 ‘‘(3) PRIORITY.—Priority shall be given to— 

7 ‘‘(A) the refurbishment or retooling of 

8 manufacturing facilities that have recently 

9 ceased operation or would otherwise cease oper10 ation in the near future; and 

11 ‘‘(B) applications containing— 

12 ‘‘(i) a written assurance that— 

13 ‘‘(I) all laborers and mechanics 

14 employed by contractors or sub15 contractors during construction, alter16 ation, or repair, or at any manufac17 turing operation, that is financed, in 

18 whole or in part, by a loan under this 

19 section shall be paid wages at rates 

20 not less than those prevailing in a 

21 similar firm or on similar construction 

22 in the locality, as determined by the 

23 Secretary of Labor in accordance with 

24 subchapter IV of chapter 31 of title 

25 40, United States Code; and 


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1 ‘‘(II) the Secretary of Labor 

2 shall, with respect to the labor stand3 ards described in this paragraph, have 

4 the authority and functions set forth 

5 in Reorganization Plan Numbered 14 

6 of 1950 (64 Stat. 1267; 5 U.S.C. 

7 App.) and section 3145 of title 40, 

8 United States Code; 

9 ‘‘(ii) a disclosure of whether there has 

10 been any administrative merits determina11 tion, arbitral award or decision, or civil 

12 judgment, as defined in guidance issued by 

13 the Secretary of Labor, rendered against 

14 the applicant in the preceding 3 years for 

15 violations of applicable labor, employment, 

16 civil rights, or health and safety laws; 

17 ‘‘(iii) specific information regarding 

18 the actions the applicant will take to dem19 onstrate compliance with, and where pos20 sible exceedance of, requirements under 

21 applicable labor, employment, civil rights, 

22 and health and safety laws, and actions the 

23 applicant will take to ensure that its direct 

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1 plicable labor, employment, civil rights, 

2 and health and safety laws; and 

3 ‘‘(iv) an estimate and description of 

4 the jobs and types of jobs to be retained or 

5 created by the project and the specific ac6 tions the applicant will take to increase 

7 employment and retention of dislocated 

8 workers, veterans, individuals from low-in9 come communities, women, minorities, and 

10 other groups underrepresented in manufac11 turing, and individuals with a barrier to 

12 employment.’’; and 

13 (2) by striking subsection (c) and inserting the 

14 following: 

15 ‘‘(c) COST SHARE AND GUARANTEE OF OPER16 ATION.— 

17 ‘‘(1) CONDITION.—A recipient of a grant under 

18 this section shall pay the Secretary the full amount 

19 of the grant if the facility financed in whole or in 

20 part under this subsection fails to manufacture 

21 goods for a period of at least 10 years after the com22 pletion of construction. 

23 ‘‘(2) COST SHARE.—Section 988(c) shall apply 

24 to a grant made under this subsection. 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to the Secretary to carry 

3 out this section $2,500,000,000 for each of fiscal years 

4 2022 through 2026. 

5 ‘‘(e) PERIOD OF AVAILABILITY.—An award made 

6 under this section after the date of enactment of this sub7 section shall only be available with respect to facilities and 

8 equipment placed in service before December 30, 2035.’’. 

9 (d) CONFORMING AMENDMENT.—The table of con10 tents of the Energy Policy Act of 2005 is amended— 

11 (1) in the item relating to subtitle B of title 

12 VII, by inserting ‘‘Plug-In Electric Vehicles,’’ before 

13 ‘‘Hybrid Vehicles’’; 

14 (2) in the item relating to part 1 of such sub15 title, by striking ‘‘Hybrid’’ and inserting ‘‘Plug-In 

16 Electric’’; and 

17 (3) in the item relating to section 711, by strik18 ing ‘‘Hybrid’’ and inserting ‘‘Plug-in electric’’. 

Passed the House of Representatives July 1, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 100 

117TH CONGRESS 

1ST SESSION H. R. 3684 

AN ACT 

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

JULY 13, 2021 

Read the second time and placed on the calendar 


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