Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 
temporary loan relief due to the COVID–19 pandemic. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 3001. Short title. 
Sec. 3002. Urbanized area formula grants. 
Sec. 3003. Fixed guideway capital investment grants. 
Sec. 3004. Enhanced mobility of seniors and individuals with disabilities. 
Sec. 3005. Formula grants for rural areas. 
Sec. 3006. Non-emergency medical transportation. 
Sec. 3007. Technical assistance and workforce development. 
Sec. 3008. General provisions. 
Sec. 3009. Apportionments. 
Sec. 3010. Grants for bus and bus facilities. 
Sec. 3011. Elimination of apportionments based on high density State factors. 
Sec. 3012. Innovative mobility and technology deployment grants. 
Sec. 3013. Expedited project delivery for capital investment grants. 
TITLE IV—HIGHWAY TRAFFIC SAFETY 
Sec. 4001. Funding and grant requirements. 
Sec. 4002. Highway safety research and development. 
Sec. 4003. National priority safety programs. 
Sec. 4004. National priority safety program grant eligibility. 
TITLE V—MOTOR CARRIER SAFETY 
Sec. 5001. Funding and grant requirements. 
Sec. 5002. Compliance, safety, and accountability reform. 
Sec. 5003. Entry-level driver training regulations. 
Sec. 5004. Trucking industry workforce development. 
Sec. 5005. Hours of service requirements for agricultural operations. 
TITLE VI—INNOVATION 
Sec. 6001. Advanced transportation technologies program. 
Sec. 6002. Connected vehicle deployment pilot program. 
Sec. 6003. Automated driving system demonstration program. 
Sec. 6004. Accelerated implementation and deployment of advanced digital con-
struction management systems. 
Sec. 6005. Innovative project delivery methods. 
Sec. 6006. Surface transportation system funding alternatives. 
Sec. 6007. Surface transportation system road usage charge national pilot pro-
gram. 
Sec. 6008. Implementation of per-mile road usage charge for Federal vehicles. 
TITLE VII—RESILIENCY 
Sec. 7001. Promoting Resilient Operations for Transformative, Efficient, and 
Cost-Saving Transportation (PROTECT) grant program. 
Sec. 7002. National highway performance program. 
Sec. 7003. Resilience in federal-aid highway programs. 
Sec. 7004. Resiliency in transit. 
Sec. 7005. Highway emergency relief and resiliency. 
Sec. 7006. Highway resiliency incentives. 
Sec. 7007. Guidance on inundated and submerged roads. 
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Sec. 7008. Guidance on evacuation routes. 
Sec. 7009. Definitions. 
Sec. 7010. University transportation centers. 
Sec. 7011. Pre-disaster hazard mitigation pilot program. 
TITLE VIII—FREIGHT RAIL MANUFACTURING 
Sec. 8001. Short title. 
Sec. 8002. Requirements for railroad freight cars entering service in the United 
States. 
Sec. 8003. Regulations; penalties. 
Sec. 8004. Country specified. 
Sec. 8005. Definitions. 
DIVISION 
A—EXTENSION 
OF 
SURFACE 
TRANSPORTATION 
PROGRAMS 
SEC. 1001. EXTENSION OF FEDERAL SURFACE TRANSPOR-
TATION PROGRAMS. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, the requirements, authorities, conditions, eligi-
bilities, limitations, and other provisions authorized under 
the covered laws, which would otherwise expire on or cease 
to apply after September 30, 2021, are incorporated by 
reference and shall continue in effect through September 
30, 2026. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) HIGHWAY TRUST FUND.— 
(A) HIGHWAY ACCOUNT.—There is author-
ized to be appropriated from the Highway Ac-
count for each of fiscal years 2022 through 
2026, for each program with respect to which 
amounts are authorized to be appropriated from 
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such account for fiscal year 2021, an amount 
equal to 132 percent of the amount authorized 
for appropriation with respect to the program 
from such account under the covered laws for 
fiscal year 2021. 
(B) MASS
TRANSIT
ACCOUNT.—There is 
authorized to be appropriated from the Mass 
Transit Account for each of fiscal years 2022 
through 2026, for each program with respect to 
which amounts are authorized to be appro-
priated from such account for fiscal year 2021, 
an amount equal to the amount authorized for 
appropriation with respect to the program from 
such account under the covered laws for fiscal 
year 2021. 
(2) GENERAL FUND.—There is authorized to be 
appropriated for each of fiscal years 2022 through 
2026, for each program with respect to which 
amounts are authorized to be appropriated for fiscal 
year 2021 from an account other than the Highway 
Account or the Mass Transit Account under the ti-
tles specified in subsection (e)(1)(A), an amount 
equal to the amount authorized for appropriation 
with respect to the program under such titles for fis-
cal year 2021. 
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(c) USE OF FUNDS.—Subject to section 1004(b), 
amounts authorized to be appropriated for each of fiscal 
years 2022 through 2026 with respect to a program under 
subsection (b) shall be distributed, administered, limited, 
and made available for obligation in the same manner as 
amounts authorized to be appropriated with respect to the 
program for fiscal year 2021 under the covered laws. 
(d) OBLIGATION LIMITATION.—Subject to section 
1004(d), a program for which amounts are authorized to 
be appropriated under subsection (b)(1) shall be subject 
to a limitation on obligations for each of fiscal years 2022 
through 2026 in the same amount and in the same man-
ner as the limitation applicable with respect to the pro-
gram for fiscal year 2021. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED LAWS.—The term ‘‘covered laws’’ 
means the following: 
(A) Titles I, III, IV, V, and VI of division 
A of the FAST Act (Public Law 114–94). 
(B) Division A, division B, subtitle A of 
title I and title II of division C, and division E 
of MAP–21 (Public Law 112–141). 
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(C) Titles I, II, and III of the SAFETEA– 
LU Technical Corrections Act of 2008 (Public 
Law 110–244). 
(D) Titles I, II, III, IV, V, and VI of 
SAFETEA–LU (Public Law 109–59). 
(E) Titles I, II, III, IV, and V of the 
Transportation Equity Act for the 21st Century 
(Public Law 105–178). 
(F) Titles II, III, and IV of the National 
Highway System Designation Act of 1995 
(Public Law 104–59). 
(G) Title I, part A of title II, title III, title 
IV, title V, and title VI of the Intermodal Sur-
face Transportation Efficiency Act of 1991 
(Public Law 102–240). 
(H) Title 23, United States Code. 
(I) Subtitle IV of Title 40, United States 
Code. 
(J) Sections 116, 117, 330, and 5505 and 
chapters 53, 303, 311, 313, 701, and 702 of 
title 49, United States Code. 
(2) HIGHWAY ACCOUNT.—The term ‘‘Highway 
Account’’ means the portion of the Highway Trust 
Fund that is not the Mass Transit Account. 
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(3) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 
Transit Account’’ means the portion of the Highway 
Trust Fund established under section 9503(e)(1) of 
the Internal Revenue Code of 1986. 
(f) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN
GENERAL.—The term ‘‘small 
business concern’’ means a small business 
concern (as the term is used in section 3 
of the Small Business Act (15 U.S.C. 
632)). 
(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any 
concern or group of concerns controlled by 
the same socially and economically dis-
advantaged individual or individuals that 
have average annual gross receipts during 
the preceding 5 fiscal years in excess of 
$26,290,000, as adjusted annually by the 
Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
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uals’’ has the meaning given the term in section 
8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations 
issued pursuant to such Act, except that women 
shall be presumed to be socially and economi-
cally disadvantaged individuals for purposes of 
this subsection. 
(2) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary de-
termines otherwise, not less than 10 percent of the 
amounts made available for any program under ti-
tles I, II, and III of this Act and section 403 of title 
23, United States Code, shall be expended through 
small business concerns owned and controlled by so-
cially and economically disadvantaged individuals. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (2) 
in the State, including the location of the small 
business concerns in the State, and publish 
such list on a public website; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
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(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(4) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for 
the purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) 
shall include, with respect to a potential small 
business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
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(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; and 
(x) analyses of the type of work pre-
ferred. 
(5) REPORTING.—The Secretary shall establish 
minimum requirements for use by State govern-
ments in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Sec-
retary determines to be appropriate for the 
proper monitoring of the disadvantaged busi-
ness enterprise program. 
(6) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles I, II, and III of this Act and section 403 
of title 23, United States Code, if the entity or per-
son is prevented, in whole or in part, from complying 
with paragraph (2) because a Federal court issues a 
final order in which the court finds that a require-
ment or the implementation of paragraph (2) is un-
constitutional. 
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SEC. 1002. EXTENSION OF HIGHWAY TRUST FUND EXPENDI-
TURE AUTHORITY. 
Section 9503 of the Internal Revenue Code of 1986 
is amended— 
(a) by striking ‘‘October 1, 2021’’ in subsections 
(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 
2026’’; and 
(b) by striking ‘‘Continuing Appropriations Act, 2021 
and Other Extensions Act’’ in subsections (c)(1) and 
(e)(3) and inserting ‘‘STARTER Act 2.0’’. 
SEC. 1003. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘September 30, 2022’’ and inserting ‘‘September 
30, 2026’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1). 
(2) Each of the following provisions of such 
Code is amended by striking ‘‘October 1, 2022’’ and 
inserting ‘‘October 1, 2026’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
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(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN 
HEAVY VEHICLES.—Each of the following provisions of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘2023’’ each place it appears and inserting ‘‘2026’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 
of the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘October 1, 2022’’ each place it 
appears and inserting ‘‘October 1, 2026’’; 
(2) by striking ‘‘March 31, 2023’’ each place it 
appears and inserting ‘‘March 31, 2026’’; and 
(3) by striking ‘‘January 1, 2023’’ and insert-
ing ‘‘January 1, 2026’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) Section 4221(a) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘October 1, 
2022’’ and inserting ‘‘October 1, 2026’’. 
(2) Section 4483(i) of such Code is amended by 
striking ‘‘October 1, 2023’’ and inserting ‘‘October 
1, 2026’’. 
(e) EXTENSION
OF
TRANSFERS
OF
CERTAIN 
TAXES.— 
(1) IN GENERAL.—Section 9503 of the Internal 
Revenue Code of 1986 is amended— 
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(A) in subsection (b)— 
(i) by striking ‘‘October 1, 2022’’ 
each place it appears in paragraphs (1) 
and (2) and inserting ‘‘October 1, 2026’’; 
(ii) by striking ‘‘OCTOBER 1, 2022’’ in 
the heading of paragraph (2) and inserting 
‘‘OCTOBER 1, 2026’’; 
(iii) by striking ‘‘September 30, 
2022’’ in paragraph (2) and inserting 
‘‘September 30, 2026’’; and 
(iv) by striking ‘‘July 1, 2023’’ in 
paragraph (2) and inserting ‘‘July 1, 
2026’’; and 
(B) in subsection (c)(2), by striking ‘‘July 
1, 2023’’ and inserting ‘‘July 1, 2026’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) 
and (4)(A) of section 9503(c) of such Code are 
each amended by striking ‘‘October 1, 2022’’ 
and inserting ‘‘October 1, 2026’’. 
(B) CONFORMING AMENDMENTS TO LAND 
AND
WATER
CONSERVATION
FUND.—Section 
200310 of title 54, United States Code, is 
amended— 
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(i) by striking ‘‘October 1, 2023’’ 
each place it appears and inserting ‘‘Octo-
ber 1, 2026’’; and 
(ii) by striking ‘‘October 1, 2022’’ and 
inserting ‘‘October 1, 2026’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2021. 
SEC. 1004. ADDITIONAL CONTRACT AUTHORITY. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, for each of fiscal years 2022 through 2026, 
any excess amount authorized to be appropriated from the 
Highway Account or the Mass Transit Account shall be 
distributed as described in subsection (b). 
(b) ADJUSTMENT TO CORE ACCOUNT PROGRAMS.— 
For each fiscal year in which an excess amount as de-
scribed in subsection (a) is authorized to be appropriated 
from the Highway Account or the Mass Transit Account, 
the Secretary shall— 
(1) under section 1001 of this Act make avail-
able for core account programs authorized from such 
account an amount equal to the amount authorized 
for such programs for fiscal year 2021; 
(2) under this section, make available an addi-
tional amount for such programs equal to the excess 
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count program for the fiscal year by the 
amount calculated under subparagraph (B). 
(2) FORMULA PROGRAMS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), for a program for which funds are 
distributed by formula, the Secretary shall add 
the adjustment to the amount authorized for 
the program but for this section and make 
available the adjusted program amount for such 
program in accordance with such formula. 
(B) EXCEPTION.—In making the adjust-
ment under subparagraph (A), the Secretary 
shall exclude subsections (b)(4), (b)(5)(D), and 
(b)(6) of section 104 of title 23, United States 
Code, from the formula calculations. 
(3) AVAILABILITY FOR OBLIGATION.—Adjusted 
amounts under this subsection shall be available for 
obligation and administered in the same manner as 
other amounts made available for the program for 
which the amount is adjusted. 
(4) SPECIAL RULE.— 
(A) ADJUSTMENT.—In making an adjust-
ment under subsection (c)(1) for an allocation, 
reservation, or set-aside from an amount au-
thorized from the Highway Account or Mass 
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Transit Account referred to in subparagraph 
(B), the Secretary shall— 
(i) determine the ratio that— 
(I) the amount authorized to be 
appropriated for the allocation, res-
ervation, or set-aside from the account 
for fiscal year 2021; bears to 
(II) the total amount authorized 
to be appropriated for such fiscal year 
for all core account programs under 
such account; 
(ii) multiply the ratio determined 
under clause (i) by the amount of the ad-
justment 
determined 
under 
subsection 
(b)(2); and 
(iii) adjust the amount that the Sec-
retary would have allocated for the alloca-
tion, reservation, or set-aside for the fiscal 
year but for this section by the amount 
calculated under clause (ii). 
(B) ALLOCATIONS, RESERVATIONS, AND 
SET-ASIDES.—The allocations, reservations, and 
set-asides referred to in subparagraph (A) 
are— 
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(i) the amount reserved for a fiscal 
year under section 133(h)(1)(A); 
(ii) the amount set aside for a fiscal 
year for the National Highway Freight 
Program under section 104(b)(5); 
(iii) supplemental funds reserved for a 
fiscal year for the National Highway Per-
formance 
Program 
under 
section 
104(h)(1); and 
(iv) supplemental funds reserved for a 
fiscal year for the surface transportation 
block 
grant 
program 
under 
section 
104(h)(2). 
(d) REVISION TO OBLIGATION LIMITATIONS.—If the 
Secretary makes an adjustment under subsection (b) for 
a fiscal year to an amount subject to a limitation on obli-
gations imposed by any other provision of law— 
(1) such limitation on obligations for such fiscal 
year shall be revised by an amount equal to such ad-
justment; and 
(2) the Secretary shall distribute such limita-
tion on obligations, as revised under paragraph (1), 
in accordance with such provisions. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply— 
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(1) HIGHWAY ACCOUNT.—The term ‘‘Highway 
Account’’ means the portion of the Highway Trust 
Fund that is not the Mass Transit Account. 
(2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 
Transit Account’’ means the Mass Transit Account 
of the Highway Trust Fund established under sec-
tion 9503(e)(1) of the Internal Revenue Code of 
1986. 
(3) CORE
ACCOUNT
PROGRAMS.—The term 
‘‘core account programs’’ means— 
(A) the National Highway Performance 
Program under section 119 of title 23, United 
States Code; 
(B) the Surface Transportation Block 
Grant Program under section 133 of title 23, 
United States Code; 
(C) the Highway Safety Improvement Pro-
gram under section 148 of title 23, United 
States Code; 
(D) the National Highway Freight Pro-
gram under section 167 of title 23, United 
States Code; and 
(E) the Formula Grants for Rural Areas 
Program under section 5311 of title 49, United 
States Code. 
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(4) EXCESS
AMOUNT.—The term ‘‘excess 
amount’’ means— 
(A) the amount authorized to be appro-
priated for a fiscal year from the Highway Ac-
count or the Mass Transit Account; minus 
(B) the amount authorized to be appro-
priated for fiscal year 2021 from such account. 
SEC. 1005. TAX-EXEMPT FINANCING FOR QUALIFIED HIGH-
WAY OR SURFACE FREIGHT TRANSFER FA-
CILITIES. 
Section 142(m)(2)(A) of the Internal Revenue Code 
of 1986 is amended by striking ‘‘$15,000,000,000’’ and 
inserting ‘‘$45,000,000,000’’. 
SEC. 1006. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect on October 1, 2021. 
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DIVISION B—SURFACE 
TRANSPORTATION 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 1101. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
WAY PROJECTS. 
There are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Ac-
count) for the nationally significant freight and highway 
projects program under section 117 of title 23, United 
States Code, such sums as may be necessary for each of 
fiscal years 2022 through 2026. 
SEC. 1102. BETTER UTILIZING INVESTMENTS TO LEVERAGE 
DEVELOPMENT 
(BUILD) 
TRANSPORTATION 
DISCRETIONARY GRANTS. 
(a) IN GENERAL.—Chapter 55 of title 49, United 
States Code, is amended by inserting after section 5502 
the following: 
‘‘§ 5503. BUILD grant program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a discretionary grant program, to be 
known as the ‘Better Utilizing Investment to Leverage 
Development Transportation Grant Program’ or the 
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BUILD grant program, to be administered by the Sec-
retary. 
‘‘(b) PURPOSE.—Under the BUILD grant program, 
the Secretary may award grants, on a competitive basis, 
for eligible projects that will have a projects that encour-
age economic viability of the Nation, a metropolitan area, 
or a region. 
‘‘(c) ELIGIBLE APPLICANTS.—Applicants eligible for 
funding under this section are— 
‘‘(1) States; 
‘‘(2) local governments; 
‘‘(3) Tribal governments; 
‘‘(4) transit agencies; 
‘‘(5) port authorities; 
‘‘(6) metropolitan planning organizations; 
‘‘(7) political subdivisions of State or local gov-
ernments; 
‘‘(8) Federal land management agencies; and 
‘‘(9) multi-State or multi-jurisdictional groups 
applying through a single lead applicant. 
‘‘(d) ELIGIBLE PROJECTS.—Projects eligible for a 
grant under this section are the following: 
‘‘(1) Highway or bridge projects eligible under 
title 23 (including bicycle and pedestrian related 
projects). 
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‘‘(2) Public transportation projects eligible 
under chapter 53. 
‘‘(3) Passenger and freight rail transportation 
projects. 
‘‘(4) Port infrastructure investments. 
‘‘(5) Intermodal projects. 
‘‘(6) Projects investing in surface transpor-
tation facilities that are located on tribal land and 
for which title or maintenance responsibility is vest-
ed in the Federal Government. 
‘‘(7) Activities related to— 
‘‘(A) the planning, preparation, or design 
of a single surface transportation project; or 
‘‘(B) regional transportation investment 
planning, including transportation planning 
that is coordinated with interdisciplinary factors 
including housing development, economic com-
petitiveness, network connectivity, stormwater 
and other infrastructure investments, or that 
addresses future risks and vulnerabilities, in-
cluding extreme weather and climate change. 
‘‘(e) GEOGRAPHIC DISTRIBUTION.— 
‘‘(1) EQUITABLE DISTRIBUTION.—In awarding 
grants under this section, the Secretary shall take 
measures to ensure an equitable geographic distribu-
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tion of funds and a balance in addressing the needs 
of urban and rural communities and the investment 
in a variety of transportation modes. 
‘‘(2) RURAL
AND
URBAN
PROJECTS.—Of the 
funds awarded under this heading, not less than 40 
percent shall be awarded as urban awards and rural 
awards, respectively. 
‘‘(3) LIMITATION BY STATE.—Not more than 
25 percent of the funds made available to carry out 
this section may be awarded to projects in a single 
State. 
‘‘(f) GRANT PROGRAM SOLICITATION AND AWARD.— 
In administering the BUILD grant program, the Sec-
retary shall— 
‘‘(1) solicit from eligible entities grant applica-
tions for eligible projects in accordance with this sec-
tion not later than 60 days after funds are made 
available to carry out this section; and 
‘‘(2) announce grants for eligible projects in ac-
cordance with this section not later than 1 year from 
the date on which such applications are due. 
‘‘(g) PLANNING GRANTS.—The Secretary may use up 
to 10 percent of the funds made available to carry out 
this section to fund the activities specified in subsection 
(d)(7). Selection criteria for such activities may include 
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a preference for projects located in a qualified opportunity 
zone, as such term is defined in section 1400Z–1 of the 
Internal Revenue Code of 1986. 
‘‘(h) APPLICATION EVALUATION AND SCORING PROC-
ESS.—The Secretary shall describe in each Notice of 
Funding Opportunity for awards under this section a 
quantitative, merit-based process for evaluating eligible 
applications. The process shall include detailed informa-
tion on how selection criteria will be evaluated. 
‘‘(i) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
costs for a project for which funds are awarded 
under this section shall not exceed 80 percent. 
‘‘(2) EXCEPTION FOR RURAL AREAS.—The Sec-
retary may provide a Federal share of up to 100 
percent for a project in a rural area. 
‘‘(3) PRIORITY.—In establishing grant program 
criteria pursuant to subsection (h), the Secretary 
shall include priority for projects that require a 
smaller Federal share. 
‘‘(j) DAVIS-BACON REQUIREMENT.—Projects con-
ducted using funds provided under this section shall com-
ply with the requirements of subchapter IV of chapter 31 
of title 40 (commonly known as the Davis-Bacon Act). 
‘‘(k) ADMINISTRATIVE EXPENSES.— 
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‘‘(1) IN GENERAL.—The Secretary may use up 
to 2.5 percent of the funds made available each year 
to carry out this section to administer grants under 
this program. 
‘‘(2) AVAILABILITY.—The funds made available 
under paragraph (1) shall remain available until ex-
pended. 
‘‘(l) TIFIA AND RRIF SUBSIDY AND ADMINISTRA-
TIVE COSTS.—The Secretary may use up to 10 percent 
of the funds made available to carry out this section to 
pay the subsidy and administrative costs of projects eligi-
ble for Federal credit assistance under chapter 6 of title 
23, United States Code, or title V of the Railroad Revital-
ization and Regulatory Reform Act of 1976 (45 U.S.C. 
821 et seq.) if the Secretary finds that the use of the funds 
would advance the purposes of this section. 
‘‘(m) TRANSFER
AUTHORITY.—Funds authorized 
under this section may be transferred within the Depart-
ment of Transportation and, except as otherwise provided 
in this section, administered in accordance with the re-
quirements of title 23 or 49 of the United States Code 
applicable to the agency to which the funds are transferred 
and any other requirements applicable to the project. 
‘‘(n) AUTHORIZATIONS.— 
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‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary to carry out this sec-
tion $1,000,000,000 for each of fiscal years 2022 
through 2026. 
‘‘(2) AVAILABILITY.—Funds authorized under 
this subsection— 
‘‘(A) shall be available for obligation on 
October 1 of the fiscal year for which they are 
authorized; and 
‘‘(B) except as specified in subsection (I), 
shall remain available for obligation for a period 
of 2 years after the year for which such funds 
are authorized. 
‘‘(o) PERFORMANCE MANAGEMENT.—The Secretary 
may collect performance data on projects assisted with 
awards under this section, under terms and conditions 
prescribed by the Secretary. 
‘‘(p) DEFINITIONS.—In this section: 
‘‘(1) RURAL.—The term ‘rural’ means any area 
that is not an urbanized area. 
‘‘(2) STATE.—The term ‘State’ means any of 
the 50 States, the District of Columbia, and Puerto 
Rico. 
‘‘(3) URBAN.—The term ‘urban’ means an ur-
banized area, as designated by the Bureau of the 
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Census, that has a population greater than 200,000 
according to the most recent decennial Census.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 55 of title 49, United States Code, is amended by in-
serting after section 5502 the following: 
‘‘5503. BUILD grant program’’. 
SEC. 1103. NATIONAL HIGHWAY FREIGHT PROGRAM. 
There are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Ac-
count) for the national highway freight program under 
section 167 of title 23, United States Code, such sums 
as may be necessary for each of fiscal years 2022 through 
2026. 
SEC. 1104. TRUCK PARKING SAFETY IMPROVEMENT. 
(a) PARKING FOR COMMERCIAL VEHICLES.—Chapter 
1 of title 23, United States Code, is amended by adding 
at the end the following: 
‘‘§ 171. Truck parking safety improvement 
‘‘(a) GRANT AUTHORITY.—The Secretary shall pro-
vide grants under this section, on a competitive basis, for 
projects to provide parking for commercial motor vehicles 
on Federal-aid highways or on a facility with reasonable 
access to— 
‘‘(1) a Federal-aid highway; or 
‘‘(2) a freight facility. 
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‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this subsection, an entity shall submit to the Sec-
retary an application at such time and in such manner 
as the Secretary may require. 
‘‘(c) 
APPLICATION
CONTENTS.—An 
application 
under subsection (b) shall contain— 
‘‘(1) a description of the proposed project; and 
‘‘(2) any other information that the Secretary 
may require. 
‘‘(d) ELIGIBLE ENTITIES.—The following entities 
shall be eligible to receive amounts under this section: 
‘‘(1) A State. 
‘‘(2) A public agency carrying out responsibil-
ities relating to commercial motor vehicle parking. 
‘‘(3) A metropolitan planning organization. 
‘‘(4) A unit of local government. 
‘‘(e) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—An entity may use funds 
provided under this section only for projects de-
scribed in paragraph (2) that are located— 
‘‘(A) on a Federal-aid highway; or 
‘‘(B) on a facility with reasonable access 
to— 
‘‘(i) a Federal-aid highway; or 
‘‘(ii) a freight facility. 
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‘‘(2) PROJECTS
DESCRIBED.—A project re-
ferred to in paragraph (1) is a project to— 
‘‘(A) construct safety rest areas (as such 
term is defined in section 120(c)) that include 
parking for commercial motor vehicles; 
‘‘(B) construct commercial motor vehicle 
parking facilities— 
‘‘(i) adjacent to private commercial 
truck stops and travel plazas; 
‘‘(ii) within the boundaries of, or adja-
cent to, a publicly-owned freight facility, 
including a port terminal operated by a 
public authority; and 
‘‘(iii) at existing facilities, including 
inspection and weigh stations and park- 
and-ride locations; and 
‘‘(C) convert existing weigh stations and 
rest areas to facilities for the exclusive use of 
commercial motor vehicle parking. 
‘‘(f) ELIGIBLE ACTIVITIES.— 
‘‘(1) IN
GENERAL.—Entities may use alloca-
tions under this subsection for the following activi-
ties of an eligible project: 
‘‘(A) Development phase activities, includ-
ing planning, feasability analysis, benefit-cost 
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analysis, environmental review, preliminary en-
gineering 
and 
design 
work, 
and 
other 
preconstruction activities. 
‘‘(B) Construction, reconstruction, rehabili-
tation, acquisition of real property, environ-
mental mitigation, construction contingencies, 
acquisition of equipment, and operational im-
provements directly related to expanding com-
mercial motor vehicle parking. 
‘‘(2) LIMITATION.—An entity may not use more 
than 10 percent of a grant under this subsection for 
activities described in paragraph (1)(A). 
‘‘(g) PRIORITY.—In making grants under this sub-
section, the Secretary shall give priority to entities that— 
‘‘(1) demonstrate a safety need for commercial 
motor vehicle parking capacity in the corridor in 
which the project described under subsection (e)(1) 
is proposed to be carried out; 
‘‘(2) have consulted with affected State and 
local governments, trucking organizations, and pri-
vate providers of commercial motor vehicle parking; 
‘‘(3) demonstrate that the project described 
under subsection (e)(1) will likely— 
‘‘(A) increase commercial motor vehicle 
parking capacity; 
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‘‘(B) facilitate the efficient movement of 
freight; and 
‘‘(C) improve highway safety, traffic con-
gestion, and air quality; and 
‘‘(4) demonstrate the ability to provide for the 
maintenance and operation cost necessary to keep 
the facility available for use after completion of con-
struction. 
‘‘(h) FEDERAL SHARE.—Notwithstanding any other 
provision of law, the Federal share for a project carried 
out under this subsection shall be 90 percent. 
‘‘(i) TREATMENT OF FUNDS.—Notwithstanding sec-
tion 126, funds made available under this subsection shall 
remain available until expended and shall not be transfer-
able. 
‘‘(j) PROHIBITION ON CHARGING FEES.—To be eligi-
ble for a grant under this section, an entity shall agree 
that no fees will be charged for a commercial motor vehicle 
to access and park at any part of the facility constructed 
with funds made available under this subsection. 
‘‘(k) NOTIFICATION OF CONGRESS.—Not less than 3 
days before making a grant for a project under this sec-
tion, the Secretary shall notify, in writing, the Committee 
on Transportation and Infrastructure of the House of 
Representatives, the Committee on Environment and Pub-
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lic Works of the Senate, and the Committee on Commerce, 
Science, and Transportation of the Senate of the— 
‘‘(1) the amount of each proposed grant to be 
made under this subsection; 
‘‘(2) evaluation and justification for the project 
selection. 
‘‘(l) SURVEY AND COMPARATIVE ASSESSMENT.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this subsection, and 
every 2 years thereafter, the Secretary, in consulta-
tion with appropriate State motor carrier safety per-
sonnel and State departments of transportation, 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives, 
the Committee on Environment and Public Works of 
the Senate, and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
that— 
‘‘(A) evaluates the capability of the States 
to provide adequate parking and rest facilities 
for commercial motor vehicles engaged in inter-
state transportation; 
‘‘(B) evaluates the effectiveness of the 
projects funded under this subsection in im-
proving access to truck parking; 
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