353 
sections 201, 202, 203, and 204 may apply for fund-
ing under the program. 
‘‘(2) SPECIAL RULE.—A State, county, or unit 
of local government may only apply for funding 
under the program if sponsored by an eligible Fed-
eral land management agency or Indian Tribe. 
‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 
the program shall be a single continuous project on a Fed-
eral lands transportation facility, a Federal lands access 
transportation facility, or a tribal transportation facility, 
except that such facility is not required to be included in 
an inventory described in section 202 or 203, and for 
which— 
‘‘(1) the project— 
‘‘(A) has completed the activities required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) which has been 
demonstrated through— 
‘‘(i) a record of decision with respect 
to the project; 
‘‘(ii) a finding that the project has no 
significant impact; or 
‘‘(iii) a determination that the project 
is categorically excluded; or 
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‘‘(B) is reasonably expected to begin con-
struction not later than 18 months after the 
date of obligation of funds for the project; and 
‘‘(2) the project has an estimated cost equal to 
or exceeding— 
‘‘(A) $12,500,000 if it is on a Federal 
lands transportation facility or a Federal lands 
access transportation facility; and 
‘‘(B) $5,000,000 if it is on a Tribal trans-
portation facility. 
‘‘(d) ELIGIBLE
ACTIVITIES.—Grant amounts re-
ceived for a project under this section may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, and rehabili-
tation activities. 
‘‘(e) APPLICATIONS.—Eligible applicants shall submit 
to the Secretary an application at such time, in such form, 
and containing such information as the Secretary may re-
quire. 
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‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
select a project to receive funds under the program only 
if the Secretary determines that the project— 
‘‘(1) improves the condition of critical transpor-
tation facilities, including multimodal facilities; 
‘‘(2) cannot be easily and efficiently completed 
with amounts made available under section 202, 
203, or 204; and 
‘‘(3) is cost effective. 
‘‘(g) MERIT CRITERIA.—In making a grant under 
this section, the Secretary shall consider whether the 
project— 
‘‘(1) will generate state of good repair, resil-
ience, economic competitiveness, quality of life, mo-
bility, or safety benefits; 
‘‘(2) in the case of a project on a Federal lands 
transportation facility or a Federal lands access 
transportation facility, has costs matched by funds 
that are not provided under this section or this title; 
and 
‘‘(3) generates benefits for land owned by mul-
tiple Federal land management agencies or Indian 
Tribes, or which spans multiple States. 
‘‘(h) EVALUATION AND RATING.—To evaluate appli-
cations, the Secretary shall— 
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‘‘(1) determine whether a project meets the re-
quirements under subsection (f); 
‘‘(2) evaluate, through a discernable and trans-
parent methodology, how each application addresses 
one or more merit criteria established under sub-
section (g); 
‘‘(3) assign a rating for each merit criteria for 
each application; and 
‘‘(4) consider applications only on the basis of 
such quality ratings and which meet the minimally 
acceptable level for each of the merit criteria. 
‘‘(i) COST SHARE.— 
‘‘(1) FEDERAL LANDS PROJECTS.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 120, the Federal share of the cost of a 
project on a Federal lands transportation facil-
ity or a Federal lands access transportation fa-
cility shall be up to 90 percent. 
‘‘(B) 
NON-FEDERAL
SHARE.—Notwith-
standing any other provision of law, any Fed-
eral funds other than those made available 
under this title or title 49 may be used to pay 
the non-Federal share of the cost of a project 
carried out under this section. 
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‘‘(2) TRIBAL PROJECTS.—The Federal share of 
the cost of a project on a Tribal transportation facil-
ity shall be 100 percent. 
‘‘(j) USE OF FUNDS.—For each fiscal year, of the 
amounts made available to carry out this section, not more 
than 50 percent shall be used for eligible projects on Fed-
eral lands transportation facilities or Federal lands access 
transportation facilities and Tribal transportation facili-
ties, respectively.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 2 of title 23, United States Code, is amended by insert-
ing after the item relating to section 207 the following 
new item: 
‘‘208. Federal lands and Tribal major projects program.’’. 
(c) REPEAL.—Section 1123 of the FAST Act (23 
U.S.C. 201 note), and the item related to such section in 
the table of contents under section 1(b) of such Act, are 
repealed. 
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 
Section 102 of title 49, United States Code, is 
amended— 
(1) in subsection (e)(1)— 
(A) by striking ‘‘6 Assistant’’ and inserting 
‘‘7 Assistant’’; 
(B) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
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(C) by redesignating subparagraph (D) as 
subparagraph (E); and 
(D) by inserting after subparagraph (C) 
the following: 
‘‘(D) an Assistant Secretary for Tribal 
Government Affairs, who shall be appointed by 
the President; and’’; and 
(2) in subsection (f)— 
(A) in the heading by striking ‘‘DEPUTY 
ASSISTANT SECRETARY FOR TRIBAL GOVERN-
MENT AFFAIRS’’ and inserting ‘‘OFFICE
OF 
TRIBAL GOVERNMENT AFFAIRS’’; and 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department an Office of Tribal Government Af-
fairs, under the Assistant Secretary for Tribal Gov-
ernment Affairs, to— 
‘‘(A) oversee the Tribal transportation self- 
governance program under section 207 of title 
23; 
‘‘(B) plan, coordinate, and implement poli-
cies and programs serving Indian Tribes and 
Tribal organizations; 
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‘‘(C) coordinate Tribal transportation pro-
grams and activities in all offices and adminis-
trations of the Department; 
‘‘(D) provide technical assistance to Indian 
Tribes and Tribal organizations; and 
‘‘(E) be a participant in any negotiated 
rulemakings relating to, or having an impact 
on, projects, programs, or funding associated 
with the Tribal transportation program under 
section 202 of title 23.’’. 
SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 
(a) LAND MANAGEMENT AGENCIES
AND TRIBAL 
GOVERNMENTS.—Section 201 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may use a con-
tracting method available to a State under this title 
on behalf of— 
‘‘(A) a Federal land management agency, 
with respect to any funds available pursuant to 
section 203 or 204; 
‘‘(B) a Federal land management agency, 
with respect to any funds available pursuant to 
section 1535 of title 31 for any eligible use de-
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scribed in sections 203(a)(1) and 204(a)(1) of 
this title; or 
‘‘(C) a Tribal Government, with respect to 
any 
funds 
available 
pursuant 
to 
section 
202(b)(7)(D). 
‘‘(2) METHODS
DESCRIBED.—The contracting 
methods referred to in paragraph (1) shall include, 
at a minimum— 
‘‘(A) project bundling; 
‘‘(B) bridge bundling; 
‘‘(C) design-build contracting; 
‘‘(D) 2-phase contracting; 
‘‘(E) long-term concession agreements; and 
‘‘(F) any method tested, or that could be 
tested, under an experimental program relating 
to contracting methods carried out by the Sec-
retary. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection— 
‘‘(A) affects the application of the Federal 
share for a project carried out with a con-
tracting method under this subsection; or 
‘‘(B) modifies the point of obligation of 
Federal salaries and expenses.’’. 
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(b) USE
OF ALTERNATIVE CONTRACTING METH-
OD.—In carrying out the amendments made by this sec-
tion, the Secretary shall— 
(1) in consultation with the applicable Federal 
land management agencies, establish procedures that 
are— 
(A) applicable to each alternative con-
tracting method; and 
(B) to the maximum extent practicable, 
consistent with requirements for Federal pro-
curement transactions; 
(2) solicit input on the use of each alternative 
contracting method from any affected industry prior 
to using such method; and 
(3) analyze and prepare an evaluation of the 
use of each alternative contracting method. 
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 
(a) IN GENERAL.—The Commissioner of the Bureau 
of Reclamation may transfer ownership of a bridge that 
is owned by the Bureau of Reclamation if— 
(1) the ownership of the bridge is transferred to 
a State with the concurrence of such State; 
(2) the State to which ownership is transferred 
agrees to operate and maintain the bridge; 
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(3) the transfer of ownership complies with all 
applicable Federal requirements, including— 
(A) section 138 of title 23, United States 
Code; 
(B) section 306108 of title 54, United 
States Code; and 
(C) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(4) the Bureau of Reclamation and the State to 
which ownership is being transferred jointly notify 
the Secretary of Transportation of the intent to con-
duct a transfer prior to such transfer. 
(b) ACCESS.—In a transfer of ownership of a bridge 
under this section, the Commissioner of the Bureau of 
Reclamation— 
(1) shall not be required to transfer ownership 
of the land on which the bridge is located or any ad-
jacent lands; and 
(2) shall make arrangements with the State to 
which ownership is being transferred to allow for 
adequate access to such bridge, including for the 
purposes of construction, maintenance, and bridge 
inspections pursuant to section 144 of title 23, 
United States Code. 
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Subtitle F—Additional Provisions 
SEC. 1601. TOWARD ZERO DEATHS. 
(a) IN GENERAL.—A local government, metropolitan 
planning organization, or regional transportation planning 
organization may develop and implement a vision zero 
plan to significantly reduce or eliminate transportation-re-
lated fatalities and serious injuries within a specified time-
frame, not to exceed 20 years. 
(b) USE
OF FUNDS.—Amounts apportioned to a 
State under paragraph (2) or (3) of section 104(b) of title 
23, United States Code, may be used to carry out a vision 
zero plan under this section. 
(c) CONTENTS OF PLAN.—A vision zero plan under 
this section shall include— 
(1) a description of projects or policies intended 
to significantly reduce or eliminate transportation- 
related fatalities and serious injuries within a speci-
fied timeframe, not to exceed 20 years, using exist-
ing transportation data and consideration of risk 
factors; 
(2) plans for implementation of, education of 
the public about, and enforcement of such projects 
or policies; 
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(3) a description of how such projects or poli-
cies, and the enforcement of such projects or policies 
will— 
(A) equitably invest in the safety needs of 
low-income and minority communities; 
(B) ensure that such communities are not 
disproportionately targeted by law enforcement; 
and 
(C) protect the rights of members of such 
communities with respect to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.); 
and 
(4) a description of a mechanism to evaluate 
progress of the implementation of the plan, including 
the gathering and use of transportation safety and 
demographic data. 
(d) INCLUSIONS.—A vision zero plan may include a 
complete streets prioritization plan that identifies a spe-
cific list of projects to— 
(1) create a connected network of active trans-
portation facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails, to connect communities 
and provide safe, reliable, affordable, and convenient 
access to employment, housing, and services, con-
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sistent with the goals described in section 150(b) of 
title 23, United States Code; 
(2) integrate active transportation facilities with 
public transportation service or improve access to 
public transportation; and 
(3) improve transportation options for low-in-
come and minority communities. 
(e) COORDINATION.—A vision zero plan under this 
section shall provide for coordination of various subdivi-
sions of a unit of local government in the implementation 
of the plan, including subdivisions responsible for law en-
forcement, public health, data collection, and public works. 
(f) SAFETY PERFORMANCE MANAGEMENT.—A vision 
zero plan under this section is not sufficient to dem-
onstrate compliance with the safety performance or plan-
ning requirements of section 148 or 150 of title 23, United 
States Code. 
SEC. 1602. SPEED LIMITS. 
(a) SPEED LIMITS.—The Secretary of Transpor-
tation shall revise the Manual of Uniform Traffic Control 
Devices to provide for a safe systems approach to setting 
speed limits, consistent with the safety recommendations 
issued by the National Transportation Safety Board on 
August 15, 2017, numbered H–17–27 and H–17–028. 
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366 
(b) CONSIDERATIONS.—In carrying out subpara-
graph (A), the Secretary shall consider— 
(1) crash statistics; 
(2) road geometry characteristics; 
(3) roadside characteristics; 
(4) traffic volume; 
(5) the possibility and likelihood of human 
error; 
(6) human injury tolerance; 
(7) the prevalence of vulnerable road users; and 
(8) any other consideration, consistent with a 
safe system approach, as determined by the Sec-
retary. 
(c) REPORT
ON SPEED MANAGEMENT PROGRAM 
PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall update and report on the 
implementation progress of the Speed Management Pro-
gram Plan of the Department of Transportation, as de-
scribed in the safety recommendation issued by the Na-
tional Transportation Safety Board on August 15, 2017, 
numbered H–17–018. 
(d) DEFINITIONS.—In this section, the terms ‘‘safe 
system approach’’ and ‘‘vulnerable road user’’ have the 
meanings given such terms in section 148(a) of title 23, 
United States Code. 
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367 
SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES.—The term 
‘‘appropriate committees’’ means— 
(A) the Committee on Transportation and 
Infrastructure of the House of Representatives; 
(B) the Committee on Energy and Com-
merce of the House of Representatives; 
(C) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(D) the Committee on Environment and 
Public Works of the Senate; 
(E) the Committee on Appropriations of 
the House of Representatives; and 
(F) the Committee on Appropriations of 
the Senate. 
(2) APPROPRIATE STATE AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience nec-
essary to evaluate and carry out projects relating to 
the proper and effective installation and operation of 
broadband infrastructure. 
(3) BROADBAND.—The term ‘‘broadband’’ has 
the meaning given the term ‘‘advanced telecommuni-
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cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(4) BROADBAND INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried, un-
derground, or aerial facility, and any wireless or 
wireline connection that enables the provision of 
broadband. 
(5) BROADBAND INFRASTRUCTURE ENTITY.— 
The term ‘‘broadband infrastructure entity’’ means 
any entity, including a State or local entity or a pub-
lic-private partnership (between a State or local enti-
ty and a private entity), that— 
(A) installs, owns, or operates broadband 
infrastructure; and 
(B) provides broadband in a manner con-
sistent with the public interest, convenience, 
and necessity, as determined by the State. 
(6) DIG ONCE REQUIREMENT.—The term ‘‘dig 
once requirement’’ means a requirement designed to 
reduce the number and scale of repeated excavations 
for the installation and maintenance of broadband 
facilities in rights-of-way. 
(7) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; and 
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(C) the Commonwealth of Puerto Rico. 
(b) BROADBAND INFRASTRUCTURE DEPLOYMENT.— 
To facilitate the installation of broadband infrastructure, 
the Secretary of Transportation shall, not later than 6 
months after the date of enactment of this Act, issue regu-
lations to ensure that each State that receives funds under 
chapter 1 of title 23, United States Code, meets the fol-
lowing requirements: 
(1) BROADBAND
CONSULTATION.—The State 
department of transportation, in consultation with 
appropriate State agencies, shall— 
(A) identify a broadband utility coordi-
nator, who may have additional responsibilities 
in the State department of transportation or in 
another State agency, that is responsible for fa-
cilitating the broadband infrastructure right-of- 
way efforts within the State; 
(B) establish a process for the registration 
of broadband infrastructure entities that seek 
to be included in the broadband infrastructure 
right-of-way facilitation efforts within the State; 
(C) review existing State broadband plans, 
including existing dig once requirements of the 
State or municipal governments within the 
State, to determine opportunities to coordinate 
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projects occurring within highway rights-of-way 
with planned broadband infrastructure projects; 
and 
(D) establish a process to electronically no-
tify broadband infrastructure entities registered 
under subparagraph (B)— 
(i) of the State transportation im-
provement program on an annual basis; 
(ii) of all projects within the highway 
right-of-way for which Federal funding is 
expected to be obligated in the subsequent 
fiscal year; and 
(iii) any opportunities for coordination 
identified by the State under subparagraph 
(C). 
(2) PRIORITY.—If a State provides for the in-
stallation of broadband infrastructure in the right- 
of-way of an applicable Federal-aid highway project 
under this subsection, the State department of 
transportation, along with appropriate State agen-
cies, shall carry out any appropriate measures to en-
sure that any existing broadband infrastructure enti-
ties are not disadvantaged, as compared to other 
broadband infrastructure entities, with respect to 
the program under this subsection. 
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(3) EFFECT OF SUBSECTION.—This subsection 
shall apply only to activities for which Federal obli-
gations or expenditures are initially approved on or 
after the date regulations required under this sub-
section become effective. Nothing in this section es-
tablishes a mandate or requirement that a State in-
stall or allow the installation of broadband infra-
structure in a highway right-of-way. Nothing in this 
section authorizes the Secretary of Transportation to 
withhold or reserve funds or approval of a project 
under title 23, United States Code. 
(c) DIG ONCE FUNDING TASK FORCE.— 
(1) ESTABLISHMENT.—There is established an 
independent task force on funding for dig once to be 
known as the ‘‘Dig Once Funding Task Force’’ 
(hereinafter referred to as the ‘‘Task Force’’). 
(2) DUTIES.—The duties of the Task Force 
shall be to— 
(A) estimate the annual cost for a nation-
wide dig once requirement; and 
(B) propose and evaluate options for fund-
ing a nationwide dig once requirement that in-
cludes— 
(i) a discussion of the role of— 
(I) the Federal Government; 
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(II) State, local, and Tribal gov-
ernments; and 
(III) broadband infrastructure 
entities; and 
(ii) consideration of the role of exist-
ing dig once requirements of State, local, 
and Tribal governments, ensuring the ex-
pansion of such requirements are not 
disincentivized. 
(3) REPORTS.— 
(A) INTERIM
REPORT
AND
BRIEFING.— 
Not later than 6 months after the date of en-
actment of this Act, the Task Force shall sub-
mit to Congress an interim report and provide 
for the appropriate committees briefings on the 
findings of the Task Force. 
(B) FINAL
REPORT.—Not later than 9 
months after the date of enactment of this Act, 
the Task Force shall submit to Congress a final 
report on the findings of the Task Force. 
(4) COMPOSITIONS AND MEMBERSHIP.— 
(A) MEMBERSHIP.—The Task Force shall 
consist of 14 members, consisting of— 
(i) the 2 cochairs described in sub-
paragraph (B); and 
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(ii) 1 member appointed by each of 
the Chairs and Ranking Members of the 
appropriate committees. 
(B) COCHAIRS.—The Task Force shall be 
cochaired by— 
(i) the Secretary of Transportation; 
and 
(ii) the Assistant Secretary of Com-
merce for Communications and Informa-
tion. 
(C) APPOINTMENT
DEADLINE.—Members 
shall be appointed to the Task Force not later 
than 60 days after the date of enactment of 
this Act. 
(D) EFFECT OF LACK OF APPOINTMENT 
BY APPOINTMENT DATE.—If 1 or more appoint-
ments required under subparagraph (A) is not 
made by the appointment date specified in sub-
paragraph (C), the authority to make such ap-
pointment or appointments shall expire and the 
number of members of the Commission shall be 
reduced by the number equal to the number of 
appointments so expired. 
(E) TERMS.—Members shall be appointed 
for the life of the Task Force. A vacancy in the 
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Task Force shall not affect its powers and shall 
be filled in the same manner as the initial ap-
pointment was made. 
(5) CONSULTATIONS.—In carrying out the du-
ties required under this subsection, the Task Force 
shall consult, at a minimum— 
(A) the Federal Communications Commis-
sion; 
(B) agencies of States including— 
(i) State departments of transpor-
tation; and 
(ii) appropriate State agencies; 
(C) agencies of local and Tribal govern-
ments responsible for— 
(i) transportation and rights-of-way; 
and 
(iii) broadband access (including agen-
cies, subdivisions, or affiliated organiza-
tions that act as broadband infrastructure 
entities); and 
(D) broadband infrastructure entities and 
other telecommunications providers. 
(6) TERMINATION.—The Task Force shall ter-
minate not later than 90 days after issuance of the 
final report required under paragraph (3)(B). 
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SEC. 1604. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM FUNDING FLEXIBILITY. 
Any funds made available to a State for the Appa-
lachian development highway system program under sub-
title IV of title 40, United States Code, before the date 
of enactment of this Act may be used, at the request of 
such State to the Secretary of Transportation, for the pur-
poses described in section 133(b) of title 23, United States 
Code. 
SEC. 1605. STORMWATER BEST MANAGEMENT PRACTICES. 
(a) STUDY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Transportation and the Administrator shall 
seek to enter into an agreement with the Transpor-
tation Research Board of the National Academy of 
Sciences to under which the Transportation Re-
search Board shall conduct a study— 
(A) to estimate pollutant loads from 
stormwater runoff from highways and pedes-
trian facilities eligible for assistance under title 
23, United States Code, to inform the develop-
ment of appropriate total maximum daily load 
requirements; 
(B) to provide recommendations (including 
recommended revisions to existing laws and reg-
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ulations) regarding the evaluation and selection 
by State departments of transportation of po-
tential stormwater management and total max-
imum daily load compliance strategies within a 
watershed, including environmental restoration 
and pollution abatement carried out under sec-
tion 328 of title 23, United States Code; 
(C) to examine the potential for the Sec-
retary to assist State departments of transpor-
tation in carrying out and communicating 
stormwater management practices for highways 
and pedestrian facilities that are eligible for as-
sistance under title 23, United States Code, 
through information-sharing agreements, data-
base assistance, or an administrative platform 
to provide the information described in sub-
paragraphs (A) and (B) to entities issued per-
mits under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) to examine the benefit of concen-
trating stormwater retrofits in impaired water-
sheds and selecting such retrofits according to 
a process that depends on a watershed manage-
ment plan developed in accordance with section 
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319 of the Federal Water Pollution Control Act 
(33 U.S.C. 1329). 
(2) REQUIREMENTS.—In conducting the study 
under the agreement entered into pursuant to para-
graph (1), the Transportation Research Board 
shall— 
(A) review and supplement, as appropriate, 
the methodologies examined and recommended 
in the 2019 report of the National Academies 
of Sciences, Engineering, and Medicine titled 
‘‘Approaches for Determining and Complying 
with TMDL Requirements Related to Roadway 
Stormwater Runoff’’; 
(B) consult with— 
(i) the Secretary of Transportation; 
(ii) the Administrator; 
(iii) the Secretary of the Army, acting 
through the Chief of Engineers; and 
(iv) State departments of Transpor-
tation; and 
(C) solicit input from— 
(i) stakeholders with experience in im-
plementing stormwater management prac-
tices for projects; and 
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(ii) 
educational 
and 
technical 
stormwater management groups. 
(3) REPORT.—In carrying out the agreement 
entered into pursuant to paragraph (1), not later 
than 18 months after the date of enactment of this 
Act, the Transportation Research Board shall sub-
mit to the Secretary of Transportation, the Adminis-
trator, the Committee on Transportation and Infra-
structure of the House of Representatives, and the 
Committee on Environment and Public Works of the 
Senate a report describing the results of the study. 
(b) STORMWATER BEST MANAGEMENT PRACTICES 
REPORTS.— 
(1) REISSUANCE.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Transportation shall update and reissue 
the best management practices reports to reflect new 
information and advancements in stormwater man-
agement. 
(2) UPDATES.—Not less frequently than once 
every 5 years after the date on which the Secretary 
reissues the best management practices reports 
under paragraph (1), the Secretary shall update and 
reissue the best management practices reports, un-
less the contents of the best management practices 
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reports have been incorporated (including by ref-
erence) into applicable regulations of the Secretary. 
(c) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
BEST
MANAGEMENT
PRACTICES
RE-
PORTS.—The term ‘‘best management practices re-
ports’’ means— 
(A) the 2014 report sponsored by the De-
partment of Transportation titled ‘‘Determining 
the State of the Practice in Data Collection and 
Performance Measurement of Stormwater Best 
Management 
Practices’’ 
(FHWA–HEP–16– 
021); and 
(B) the 2000 report sponsored by the De-
partment of Transportation titled ‘‘Stormwater 
Best Management Practices in an Ultra-Urban 
Setting: Selection and Monitoring’’. 
(3) TOTAL MAXIMUM DAILY LOAD.—The term 
‘‘total maximum daily load’’ has the meaning given 
such term in section 130.2 of title 40, Code of Fed-
eral Regulations (or successor regulations). 
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SEC. 1606. PEDESTRIAN RIGHT-OF-WAY. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Architectural and 
Transportation Barriers Compliance Board established 
under section 502(a)(1) of the Rehabilitation Act of 1973 
(29 U.S.C. 792), in consultation with the Secretary of 
Transportation, shall establish guidelines setting forth 
minimum standards for pedestrian facilities in the public 
right-of-way. 
(b) CONTENT
OF GUIDANCE.—The guidelines de-
scribed in subsection (a) shall be substantially similar to— 
(1) the notice of proposed rulemaking published 
on July 26, 2011, titled ‘‘Accessibility Guidelines for 
Pedestrian Facilities in the Public Right-of-Way’’ 
(76 Fed. Reg. 44664); and 
(2) the supplemental notice of proposed rule-
making published on February 13, 2013, titled ‘‘Ac-
cessibility Guidelines for Pedestrian Facilities in the 
Public Right-of-Way; Shared Use Paths’’ (78 Fed. 
Reg. 10110). 
(c) ADOPTION OF REGULATIONS.—Not later than 
180 days after the establishment of the guidelines pursu-
ant to subsection (a), the Secretary shall issue such regu-
lations as are necessary to adopt such guidelines. 
SEC. 1607. HIGHWAY FORMULA MODERNIZATION REPORT. 
(a) HIGHWAY FORMULA MODERNIZATION STUDY.— 
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(1) IN GENERAL.—The Secretary of Transpor-
tation, in consultation with the American Associa-
tion of State Transportation Officials and represent-
atives of local governments (including metropolitan 
planning organizations), shall conduct a highway 
formula modernization study to assess the method 
and data used to apportion Federal-aid highway 
funds under section 104(c) of title 23, United States 
Code, and issue recommendations on such method 
and data. 
(2) ASSESSMENT.—The highway formula mod-
ernization study required under paragraph (1) shall 
include an assessment of, based on the latest avail-
able data, whether the apportionment method under 
such section results in— 
(A) an equitable distribution of funds 
based on the estimated tax payments attrib-
utable to— 
(i) highway users in the State that are 
paid into the Highway Trust Fund; and 
(ii) individuals in the State that are 
paid to the Treasury, based on contribu-
tions to the Highway Trust Fund from the 
general fund of the Treasury; and 
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(B) the achievement of the goals described 
in section 101(b)(3) of title 23, United States 
Code. 
(3) CONSIDERATIONS.—In carrying out the as-
sessment under paragraph (2), the Secretary shall 
consider the following: 
(A) The factors described in sections 
104(b), 104(f)(2), 104(h)(2), 130(f), and 
144(e) of title 23, United States Code, as in ef-
fect on the date of enactment of SAFETEA– 
LU (Public Law 109–59). 
(B) The availability and accuracy of data 
necessary to calculate formula apportionments 
under the factors described in subparagraph 
(A). 
(C) The measures established under sec-
tion 150 of title 23, United States Code, and 
whether such measures are appropriate for con-
sideration as formula apportionment factors. 
(D) The results of the CMAQ formula 
modernization study required under subsection 
(b). 
(E) Any other factors that the Secretary 
determines are appropriate. 
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(4) RECOMMENDATIONS.—The Secretary shall, 
in consultation with the American Association of 
State Transportation Officials and representatives of 
local governments (including metropolitan planning 
organizations), develop recommendations on a new 
apportionment method, including— 
(A) the factors recommended to be in-
cluded in such apportionment method; 
(B) the weighting recommended to be ap-
plied to the factors under subparagraph (A); 
and 
(C) any other recommendations to ensure 
that the apportionment method best achieves an 
equitable distribution of funds described under 
paragraph (2)(A) and the goals described in 
paragraph (2)(B). 
(b) CMAQ FORMULA MODERNIZATION STUDY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Transportation, in consultation with the Adminis-
trator of the Environmental Protection Agency, shall 
conduct an CMAQ formula modernization study to 
assess whether the apportionment method under sec-
tion 104(b)(4) of title 23, United States Code, re-
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sults in a distribution of funds that best achieves the 
air quality goals of section 149 of such title. 
(2) CONSIDERATIONS.—In providing consulta-
tion under this subsection, the Administrator shall 
provide to the Secretary an analysis of— 
(A) factors that contribute to the appor-
tionment, including population, types of pollut-
ants, and severity of pollutants; 
(B) the weighting of the factors listed 
under subparagraph (A); and 
(C) the recency of the data used in making 
the apportionment under section 104(b)(4) of 
title 23, United States Code. 
(3) RECOMMENDATIONS.—If, in conducting the 
study under this subsection, the Secretary finds that 
modifying the apportionment method under section 
104(b)(4) of title 23, United States Code, would 
best achieve the air quality goals of section 149 of 
title 23, United States Code, the Secretary shall, in 
consultation with the Administrator, include in such 
study recommendations for a new apportionment 
method, including— 
(A) the factors recommended to be in-
cluded in such apportionment method; 
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(B) the weighting recommended to be ap-
plied to the factors under subparagraph (A); 
and 
(C) any other recommendations to ensure 
that the apportionment method best achieves 
the air quality goals section 149 of such title. 
(c) REPORT.—No later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report con-
taining the results of the highway formula modernization 
study and the CMAQ formula modification study. 
SEC. 1608. CONSOLIDATION OF PROGRAMS. 
Section 1519 of MAP–21 (Public Law 112–141) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘fiscal years 2016 through 
2020’’ and inserting ‘‘fiscal years 2022 through 
2025’’; and 
(B) by striking ‘‘$3,500,000’’ and insert-
ing ‘‘$4,000,000’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
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(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) FEDERAL SHARE.—The Federal share of the 
cost of a project or activity carried out under subsection 
(a) shall be 100 percent.’’. 
SEC. 1609. STUDENT OUTREACH REPORT TO CONGRESS. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report that describes the efforts of the Department of 
Transportation to encourage elementary, secondary, and 
post-secondary students to pursue careers in the surface 
transportation sector. 
(b) CONTENTS.—The report required under sub-
section (a) shall include— 
(1) a description of efforts to increase aware-
ness of careers related to surface transportation 
among elementary, secondary, and post-secondary 
students; 
(2) a description of efforts to prepare and in-
spire such students for surface transportation ca-
reers; 
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(3) a description of efforts to support the devel-
opment of a diverse, well-qualified workforce for fu-
ture surface transportation needs; and 
(4) the effectiveness of the efforts described in 
paragraphs (1) through (3). 
SEC. 1610. TASK FORCE ON DEVELOPING A 21ST CENTURY 
SURFACE TRANSPORTATION WORKFORCE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall establish a task force on developing a 21st 
century surface transportation workforce (in this section 
referred to as the ‘‘Task Force’’). 
(b) DUTIES.—Not later than 12 months after the es-
tablishment of the Task Force under subsection (a), the 
Task Force shall develop and submit to the Secretary rec-
ommendations and strategies for the Department of 
Transportation to— 
(1) evaluate the current and future state of the 
surface transportation workforce, including projected 
job needs in the surface transportation sector; 
(2) identify factors influencing individuals pur-
suing careers in surface transportation, including 
barriers to attracting individuals into the workforce; 
(3) address barriers to retaining individuals in 
surface transportation careers; 
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(4) identify and address potential impacts of 
emerging technologies on the surface transportation 
workforce; 
(5) increase access for vulnerable or underrep-
resented populations, especially women and minori-
ties, to high-skill, in-demand surface transportation 
careers; 
(6) facilitate and encourage elementary, sec-
ondary, and post-secondary students in the United 
States to pursue careers in the surface transpor-
tation sector; and 
(7) identify and develop pathways for students 
and individuals to secure pre-apprenticeships, reg-
istered apprenticeships, and other work-based learn-
ing opportunities in the surface transportation sector 
of the United States. 
(c) CONSIDERATIONS.—In developing recommenda-
tions and strategies under subsection (b), the Task Force 
shall— 
(1) identify factors that influence whether 
young people pursue careers in surface transpor-
tation, especially traditionally underrepresented pop-
ulations, including women and minorities; 
(2) consider how the Department, businesses, 
industry, labor, educators, and other stakeholders 
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can coordinate efforts to support qualified individ-
uals in pursuing careers in the surface transpor-
tation sector; 
(3) identify methods of enhancing surface 
transportation pre-apprenticeships and registered 
apprenticeships, job skills training, mentorship, edu-
cation, and outreach programs that are exclusive to 
youth in the United States; and 
(4) identify potential sources of funding, includ-
ing grants and scholarships, that may be used to 
support youth and other qualified individuals in pur-
suing careers in the surface transportation sector. 
(d) CONSULTATION.—In developing the recommenda-
tions and strategies required under subsection (b), the 
Task Force may consult with— 
(1) local educational agencies and institutes of 
higher education, including community colleges and 
vocational schools; and 
(2) State workforce development boards. 
(e) REPORT.—Not later than 60 days after the sub-
mission of the recommendations and strategies under sub-
section (b), the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
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Public Works of the Senate a report containing such rec-
ommendations and strategies. 
(f) COMPOSITION OF TASK FORCE.—The Secretary 
shall appoint members to the Task Force whose diverse 
background and expertise allow such members to con-
tribute balanced points of view and ideas in carrying out 
this section, comprised of equal representation from each 
of the following: 
(1) Industries in the surface transportation sec-
tor. 
(2) Surface transportation sector labor organi-
zations. 
(3) Such other surface transportation stake-
holders and experts as the Secretary considers ap-
propriate. 
(g) PERIOD OF APPOINTMENT.—Members shall be 
appointed to the Task Force for the duration of the exist-
ence of the Task Force. 
(h) COMPENSATION.—Task Force members shall 
serve without compensation. 
(i) SUNSET.—The Task Force shall terminate upon 
the submission of the report required under subsection (e). 
(j) DEFINITIONS.—In this section: 
(1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap-
prenticeship’’ means a training model or program 
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that prepares individuals for acceptance into a reg-
istered apprenticeship and has a demonstrated part-
nership with 1 or more registered apprenticeships. 
(2) REGISTERED APPRENTICESHIP.—The term 
‘‘registered apprenticeship’’ means an apprenticeship 
program registered under the Act of August 16, 
1937 (29 U.S.C. 50 et seq.; commonly known as the 
‘‘National Apprenticeship Act’’), that satisfies the 
requirements of parts 29 and 30 of title 29, Code 
of Federal Regulations (as in effect on January 1, 
2020). 
SEC. 1611. ON-THE-JOB TRAINING AND SUPPORTIVE SERV-
ICES. 
Section 140(b) of title 23, United States Code, is 
amended to read as follows: 
‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 
‘‘(1) IN GENERAL.—The Secretary, in coopera-
tion with the Secretary of Labor and any other de-
partment or agency of the Government, State agen-
cy, authority, association, institution, Indian Tribal 
government, corporation (profit or nonprofit), or any 
other organization or person, is authorized to de-
velop, conduct, and administer surface transpor-
tation and technology training, including skill im-
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provement programs, and to develop and fund sum-
mer transportation institutes. 
‘‘(2) STATE
RESPONSIBILITIES.—A State de-
partment of transportation participating in the pro-
gram under this subsection shall— 
‘‘(A) develop an annual workforce plan 
that identifies immediate and anticipated work-
force gaps and underrepresentation of women 
and minorities and a detailed plan to fill such 
gaps and address such underrepresentation; 
‘‘(B) establish an annual workforce devel-
opment compact with the State workforce devel-
opment board and appropriate agencies to pro-
vide a coordinated approach to workforce train-
ing, job placement, and identification of train-
ing and skill development program needs, which 
shall be coordinated to the extent practical with 
an institution or agency, such as a State work-
force development board under section 101 of 
the Workforce Innovation and Opportunities 
Act (29 U.S.C. 3111), that has established 
skills training, recruitment, and placement re-
sources; and 
‘‘(C) demonstrate program outcomes, in-
cluding— 
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‘‘(i) impact on areas with transpor-
tation workforce shortages; 
‘‘(ii) diversity of training participants; 
‘‘(iii) number and percentage of par-
ticipants obtaining certifications or creden-
tials required for specific types of employ-
ment; 
‘‘(iv) employment outcome, including 
job placement and job retention rates and 
earnings, using performance metrics estab-
lished in consultation with the Secretary of 
Labor and consistent with metrics used by 
programs under the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3101 et 
seq.); and 
‘‘(v) to the extent practical, evidence 
that the program did not preclude workers 
that participate in training or registered 
apprenticeship activities under the pro-
gram from being referred to, or hired on, 
projects funded under this chapter. 
‘‘(3) FUNDING.—From administrative funds 
made available under section 104(a), the Secretary 
shall deduct such sums as necessary, not to exceed 
$10,000,000 in each fiscal year, for the administra-
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tion of this subsection. Such sums shall remain 
available until expended. 
‘‘(4) NONAPPLICABILITY
OF
TITLE
41.—Sub-
sections (b) through (d) of section 6101 of title 41 
shall not apply to contracts and agreements made 
under the authority granted to the Secretary under 
this subsection. 
‘‘(5) USE OF SURFACE TRANSPORTATION AND 
NATIONAL
HIGHWAY
PERFORMANCE
PROGRAM 
FUNDS.—Notwithstanding any other provision of 
law, not to exceed 1⁄2 of 1 percent of funds appor-
tioned to a State under paragraph (1) or (2) of sec-
tion 104 may be available to carry out this sub-
section upon request of the State transportation de-
partment to the Secretary.’’. 
SEC. 1612. WORK ZONE SAFETY. 
Section 504(e)(1) of title 23, United States Code, is 
amended— 
(1) by redesignating subparagraphs (F) and 
(G) as subparagraphs (G) and (H), respectively; and 
(2) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) tuition and direct educational ex-
penses or other costs of instruction related to 
the work zone safety training and certification 
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of employees of State and local transportation 
agencies and surface transportation construc-
tion workers;’’. 
SEC. 1613. TRANSPORTATION EDUCATION DEVELOPMENT 
PROGRAM. 
Section 504 of title 23, United States Code, is 
amended— 
(1) in subsection (e)(1) by inserting ‘‘and (8) 
through (9)’’ after ‘‘paragraphs (1) through (4)’’; 
and 
(2) in subsection (f) by adding at the end the 
following: 
‘‘(4) REPORTS.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate an annual report that includes— 
‘‘(A) a list of all grant recipients under 
this subsection; 
‘‘(B) an explanation of why each recipient 
was chosen in accordance with the criteria 
under paragraph (2); 
‘‘(C) a summary of each recipient’s objec-
tive to carry out the purpose described in para-
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graph (1) and an analysis of progress made to-
ward achieving each such objective; 
‘‘(D) an accounting for the use of Federal 
funds obligated or expended in carrying out this 
subsection; and 
‘‘(E) an analysis of outcomes of the pro-
gram under this subsection.’’. 
SEC. 1614. WORKING GROUP ON CONSTRUCTION RE-
SOURCES. 
(a) ESTABLISHMENT.—Not later than 120 days after 
the date of enactment of this Act, the Secretary of Trans-
portation shall establish a working group (in this section 
referred to as the ‘‘Working Group’’) to conduct a study 
on access to covered resources for infrastructure projects. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The Secretary shall ap-
point to the Working Group individuals with knowl-
edge and expertise in the production and transpor-
tation of covered resources. 
(2) REPRESENTATION.—The Working Group 
shall include at least 1 representative of each of the 
following: 
(A) State departments of transportation. 
(B) State agencies associated with covered 
resources protection. 
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(C) State planning and geologic survey and 
mapping agencies. 
(D) Commercial motor vehicle operators, 
including small business operators and opera-
tors who transport covered resources. 
(E) Covered resources producers. 
(F) Construction contractors. 
(G) Metropolitan planning organizations 
and regional planning organizations. 
(H) Indian Tribes, including Tribal elected 
leadership or Tribal transportation officials. 
(I) Any other stakeholders that the Sec-
retary determines appropriate. 
(3) TERMINATION.—The Working Group shall 
terminate 6 months after the date on which the Sec-
retary receives the report under subsection (e)(1). 
(c) DUTIES.—In carrying out the study required 
under subsection (a), the Working Group shall analyze— 
(1) the use of covered resources in transpor-
tation projects funded with Federal dollars; 
(2) how the proximity of covered resources to 
such projects affects the cost and environmental im-
pact of such projects; 
(3) whether and how State, Tribal, and local 
transportation and planning agencies consider cov-
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ered resources when developing transportation 
projects; and 
(4) any challenges for transportation project 
sponsors regarding access and proximity to covered 
resources. 
(d) CONSULTATION.—In carrying out the study re-
quired under subsection (a), the Working Group shall con-
sult with, as appropriate— 
(1) chief executive officers of States; 
(2) State, Tribal, and local transportation and 
planning agencies; 
(3) other relevant State, Tribal, and local agen-
cies, including State agencies associated with cov-
ered resources protection; 
(4) members of the public with industry experi-
ence with respect to covered resources; 
(5) other Federal entities that provide funding 
for transportation projects; and 
(6) any other stakeholder the Working Group 
determines appropriate. 
(e) REPORTS.— 
(1) WORKING GROUP REPORT.—Not later than 
2 years after the date on which the Working Group 
is established, the Working Group shall submit to 
the Secretary a report that includes— 
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(A) the findings of the study required 
under subsection (a), including a summary of 
comments received during the consultation 
process under subsection (d); and 
(B) any recommendations to preserve ac-
cess to and reduce the costs and environmental 
impacts of covered resources for infrastructure 
projects. 
(2) DEPARTMENTAL REPORT.—Not later than 
3 months after the date on which the Secretary re-
ceives the report under paragraph (1), the Secretary 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate a summary of the findings 
under such report and any recommendations, as ap-
propriate. 
(f) DEFINITIONS.—In this section: 
(1) COVERED RESOURCES.—The term ‘‘covered 
resources’’ means common variety materials used in 
transportation infrastructure construction and main-
tenance, including stone, sand, and gravel. 
(2) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and 
each territory or possession of the United States. 
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TITLE II—PUBLIC 
TRANSPORTATION 
Subtitle A—Federal Transit 
Administration 
SEC. 2101. AUTHORIZATIONS. 
(a) IN GENERAL.—Section 5338 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5338. Authorizations 
‘‘(a) GRANTS.— 
‘‘(1) IN
GENERAL.—There shall be available 
from the Mass Transit Account of the Highway 
Trust Fund to carry out sections 5305, 5307, 5308, 
5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 
5337, 5339, and 5340— 
‘‘(A) $16,185,800,000 for fiscal year 2022; 
‘‘(B) $16,437,600,000 for fiscal year 2023; 
‘‘(C) $16,700,600,000 for fiscal year 2024; 
and 
‘‘(D) $16,963,600,000 for fiscal year 
2025. 
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 
made available under paragraph (1)— 
‘‘(A) $189,879,151 for fiscal year 2022, 
$192,841,266 
for 
fiscal 
year 
2023, 
$195,926,726 
for 
fiscal 
year 
2024, 
and 
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$199,002,776 for fiscal year 2025, shall be 
available to carry out section 5305; 
‘‘(B) $7,505,830,848 for fiscal year 2022, 
$7,622,921,809 
for 
fiscal 
year 
2023, 
$7,744,888,558 for fiscal year 2024, and 
$7,866,483,309 for fiscal year 2025 shall be al-
located in accordance with section 5336 to pro-
vide financial assistance for urbanized areas 
under section 5307; 
‘‘(C) $101,510,000 for fiscal year 2022, 
$103,093,556 
for 
fiscal 
year 
2023, 
$104,743,053 
for 
fiscal 
year 
2024, 
and 
$106,387,519 for fiscal year 2025 shall be 
available for grants under section 5308; 
‘‘(D) $434,830,298 for fiscal year 2022, 
$441,613,651 
for 
fiscal 
year 
2023, 
$448,679,469 
for 
fiscal 
year 
2024, 
and 
$455,723,737 for fiscal year 2025 shall be 
available to carry out section 5310, of which 
not less than— 
‘‘(i) $5,075,500 for fiscal year 2022, 
$5,154,678 
for 
fiscal 
year 
2023, 
$5,237,153 for fiscal year 2024, and 
$5,319,376 for fiscal year 2025 shall be 
available to carry out section 5310(j); and 
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‘‘(ii) $20,302,000 for fiscal year 2022, 
$20,618,711 
for 
fiscal 
year 
2023, 
$20,948,611 for fiscal year 2024, and 
$21,277,504 for fiscal year 2025 shall be 
available to carry out section 5310(k); 
‘‘(E) $1,025,199,724 for fiscal year 2022, 
$1,041,192,839 
for 
fiscal 
year 
2023, 
$1,057,851,925 for fiscal year 2024, and 
$1,074,460,200 for fiscal year 2025 shall be 
available to carry out section 5311, of which 
not less than— 
‘‘(i) $45,679,500 for fiscal year 2022, 
$46,392,100 
for 
fiscal 
year 
2023, 
$47,134,374 for fiscal year 2024, and 
$47,874,383 for fiscal year 2025 shall be 
available to carry out section 5311(c)(1); 
and 
‘‘(ii) $50,755,000 for fiscal year 2022, 
$51,546,778 
for 
fiscal 
year 
2023, 
$52,371,526 for fiscal year 2024, and 
$53,193,759 for fiscal year 2025 shall be 
available to carry out section 5311(c)(2); 
‘‘(F) $33,498,300 for fiscal year 2022, 
$34,020,873 for fiscal year 2023, $34,565,207 
for fiscal year 2024, and $35,107,881 for fiscal 
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407 
‘‘(ii) $277,444,997 for each of fiscal 
years 2022 through 2025 shall be for high 
density States under section 5340(d). 
‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au-
thorized to be appropriated to carry out section 5309 
$3,500,000,000 for fiscal year 2022, $4,250,000,000 for 
fiscal year 2023, $5,000,000,000 for fiscal year 2024, and 
5,500,000,000 for fiscal year 2025. 
‘‘(c) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated 
to 
carry 
out 
section 
5334, 
$142,060,785 for fiscal year 2022, $144,191,696 for 
fiscal year 2023, $146,412,248 for fiscal year 2024, 
and 148,652,356 for fiscal year 2025. 
‘‘(2) SECTION 5329.—Of the amounts author-
ized to be appropriated under paragraph (1), not 
less than $6,000,000 for each of fiscal years 2022 
through 2025 shall be available to carry out section 
5329. 
‘‘(3) SECTION
5326.—Of the amounts made 
available under paragraph (2), not less than 
$2,500,000 for each of fiscal years 2022 through 
2025 shall be available to carry out section 5326. 
‘‘(d) OVERSIGHT.— 
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‘‘(1) IN
GENERAL.—Of the amounts made 
available to carry out this chapter for a fiscal year, 
the Secretary may use not more than the following 
amounts for the activities described in paragraph 
(2): 
‘‘(A) 0.5 percent of amounts made avail-
able to carry out section 5305. 
‘‘(B) 0.75 percent of amounts made avail-
able to carry out section 5307. 
‘‘(C) 1 percent of amounts made available 
to carry out section 5309. 
‘‘(D) 1 percent of amounts made available 
to carry out section 601 of the Passenger Rail 
Investment and Improvement Act of 2008 
(Public Law 110–432; 126 Stat. 4968). 
‘‘(E) 0.5 percent of amounts made avail-
able to carry out section 5310. 
‘‘(F) 0.5 percent of amounts made avail-
able to carry out section 5311. 
‘‘(G) 1 percent of amounts made available 
to carry out section 5337, of which not less 
than 25 percent of such amounts shall be avail-
able to carry out section 5329 and of which not 
less than 10 percent of such amounts shall be 
made available to carry out section 5320. 
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‘‘(H) 1 percent of amounts made available 
to carry out section 5339 of which not less than 
10 percent of such amounts shall be made 
available to carry out section 5320. 
‘‘(2) ACTIVITIES.—The activities described in 
this paragraph are as follows: 
‘‘(A) Activities to oversee the construction 
of a major capital project. 
‘‘(B) Activities to review and audit the 
safety and security, procurement, management, 
and financial compliance of a recipient or sub-
recipient of funds under this chapter. 
‘‘(C) Activities to provide technical assist-
ance generally, and to provide technical assist-
ance to correct deficiencies identified in compli-
ance reviews and audits carried out under this 
section. 
‘‘(3) GOVERNMENT
SHARE
OF
COSTS.—The 
Government shall pay the entire cost of carrying out 
a contract under this subsection/activities described 
in paragraph (2). 
‘‘(4) AVAILABILITY
OF
CERTAIN
FUNDS.— 
Funds made available under paragraph (1)(C) shall 
be made available to the Secretary before allocating 
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the funds appropriated to carry out any project 
under a full funding grant agreement. 
‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts made available 
from the Mass Transit Account of the Highway 
Trust Fund pursuant to this section is a contractual 
obligation of the Government to pay the Government 
share of the cost of the project. 
‘‘(2) 
GRANTS
FINANCED
FROM
GENERAL 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts appropriated 
in advance from the general fund of the Treasury 
pursuant to this section is a contractual obligation 
of the Government to pay the Government share of 
the cost of the project only to the extent that 
amounts are appropriated for such purpose by an 
Act of Congress. 
‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 
available by or appropriated under this section shall re-
main available until expended.’’. 
(b) CONFORMING AMENDMENTS.— 
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(1) Section 5311 of title 49, United States 
Code, is amended by striking ‘‘5338(a)(2)(F)’’ and 
inserting ‘‘5338(a)(2)(E)’’. 
(2) Section 5312(i)(1) of title 49, United States 
Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ 
and inserting ‘‘5338(a)(2)(F)(iii)’’. 
(3) Section 5333(b) of title 49, United States 
Code, is amended by striking ‘‘5328, 5337, and 
5338(b)’’ each place it appears and inserting ‘‘and 
5337’’. 
(4) Section 5336 of title 49, United States 
Code, is amended— 
(A) in subsection (d)(1) by striking 
‘‘5338(a)(2)(C)’’ 
and 
inserting 
‘‘5338(a)(2)(B)’’; and 
(B) 
in 
subsection 
(h) 
by 
striking 
‘‘5338(a)(2)(C)’’ 
and 
inserting 
‘‘5338(a)(2)(B)’’. 
(5) Subsections (c) and (d)(1) of section 5327 
of title 49, United States Code, are amended by 
striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 
(6) Section 5340(b) of title 49, United States 
Code, is amended by striking ‘‘5338(b)(2)(N)’’ and 
inserting ‘‘5338(a)(2)(O)’’. 
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SEC. 2102. CHAPTER 53 DEFINITIONS. 
Section 5302 of title 49, United States Code, is 
amended— 
(1) in paragraph (1)(E)— 
(A) by striking ‘‘and the installation’’ and 
inserting ‘‘, the installation’’; and 
(B) by inserting ‘‘, and bikeshare projects’’ 
after ‘‘public transportation vehicles’’; 
(2) in paragraph (3)— 
(A) in subparagraph (G) by striking clause 
(iii) and inserting the following: 
‘‘(iii) provides a fair share of revenue 
established by the Secretary that will be 
used for public transportation, except for a 
joint development that is a community 
service (as defined by the Federal Transit 
Administration), publicly operated facility, 
or offers a minimum of 50 percent of units 
as affordable housing, meaning legally 
binding affordability restricted housing 
units available to tenants with incomes 
below 60 percent of the area median in-
come or owners with incomes below the 
area median;’’; and 
(B) in subparagraph (N)— 
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(i) by striking ‘‘no emission’’ and in-
serting ‘‘zero emission’’; and 
(ii) by striking ‘‘(as defined in section 
5339(c))’’; and 
(3) by adding at the end the following: 
‘‘(25) RESILIENCE.— 
‘‘(A) IN GENERAL.—The term ‘resilience’ 
means, with respect to a facility, the ability 
to— 
‘‘(i) anticipate, prepare for, or adapt 
to conditions; or 
‘‘(ii) withstand, respond to, or recover 
rapidly from disruptions. 
‘‘(B) INCLUSIONS.—Such term includes, 
with respect to a facility, the ability to— 
‘‘(i) resist hazards or withstand im-
pacts from disruptions; 
‘‘(ii) reduce the magnitude, duration, 
or impact of a disruption; or 
‘‘(iii) have the absorptive capacity, 
adaptive capacity, and recoverability to de-
crease vulnerability to a disruption. 
‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 
term ‘assault on a transit worker’ means any cir-
cumstance in which an individual knowingly, without 
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lawful authority or permission, and with intent to 
endanger the safety of any individual, or with a 
reckless disregard for the safety of human life, inter-
feres with, disables, or incapacitates any transit 
worker while the transit worker is performing his or 
her duties.’’. 
SEC. 2103. GENERAL PROVISIONS. 
Section 5323 of title 49, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘urban area’’ and in-
serting ‘‘urbanized area’’; and 
(ii) by striking ‘‘operator can provide’’ 
and inserting ‘‘operator provides’’; and 
(B) by adding at the end the following: 
‘‘(3) EXCEPTIONS.—This subsection shall not 
apply to financial assistance under this chapter— 
‘‘(A) in which the non-Federal share of 
project costs are provided from amounts re-
ceived under a service agreement with a State 
or local social service agency or private social 
service 
organization 
pursuant 
to 
section 
5307(d)(3)(E) or section 5311(g)(3)(C); 
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‘‘(B) provided to a recipient or sub-
recipient whose sole receipt of such assistance 
derives from section 5310; or 
‘‘(C) provided to a recipient operating a 
fixed route service that is— 
‘‘(i) for a period of less than 30 days; 
‘‘(ii) accessible to the public; and 
‘‘(iii) contracted by a local govern-
ment entity that provides local cost share 
to the recipient.’’; 
(2) in subsection (h)— 
(A) in paragraph (1) by adding ‘‘or’’ at the 
end; and 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); 
(3) by striking subsection (j) and inserting the 
following: 
‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that an individual who believes that he or she, or a 
specific class in which the individual belongs, has 
been subjected to discrimination on the basis of dis-
ability by a State or local governmental entity, pri-
vate nonprofit organization, or Tribe that operates a 
public transportation service and is a recipient or 
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subrecipient of funds under this chapter, may, by 
the individual or by an authorized representative, file 
a complaint with the Department of Transportation. 
‘‘(2) PROCEDURES.—Not later than 1 year 
after the date of enactment of the INVEST in 
America Act, the Secretary shall implement proce-
dures that allow an individual to submit a complaint 
described in paragraph (1) by phone, mail-in form, 
and online through the website of the Office of Civil 
Rights of the Federal Transit Administration. 
‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL-
ITIES.—Not later than 12 months after the date of 
enactment of the INVEST in America Act, the Sec-
retary shall require that each public transit provider 
and contractor providing paratransit services shall 
include on a publicly available website of the service 
provider, any related mobile device application, and 
online service— 
‘‘(A) notice that an individual can file a 
disability-related complaint with the local tran-
sit agency and the process and any timelines for 
filing such a complaint; 
‘‘(B) the telephone number, or a com-
parable electronic means of communication, for 
the disability assistance hotline of the Office of 
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Civil Rights of the Federal Transit Administra-
tion; 
‘‘(C) notice that a consumer can file a dis-
ability related complaint with the Office of Civil 
Rights of the Federal Transit Administration; 
and 
‘‘(D) an active link to the website of the 
Office of Civil Rights of the Federal Transit 
Administration for an individual to file a dis-
ability-related complaint. 
‘‘(4) INVESTIGATION
OF
COMPLAINTS.—Not 
later than 60 days after the last day of each fiscal 
year, the Secretary shall publish a report that lists 
the disposition of complaints described in paragraph 
(1), including— 
‘‘(A) the number and type of complaints 
filed with Department of Transportation; 
‘‘(B) the number of complaints inves-
tigated by the Department; 
‘‘(C) the result of the complaints that were 
investigated by the Department including 
whether the complaint was resolved— 
‘‘(i) informally; 
‘‘(ii) by issuing a violation through a 
noncompliance Letter of Findings; or 
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‘‘(iii) by other means, which shall be 
described; and 
‘‘(D) if a violation was issued for a com-
plaint, whether the Department resolved the 
noncompliance by— 
‘‘(i) reaching a voluntary compliance 
agreement with the entity; 
‘‘(ii) referring the matter to the Attor-
ney General; or 
‘‘(iii) by other means, which shall be 
described. 
‘‘(5) REPORT.—The Secretary shall, upon im-
plementation of this section and annually thereafter, 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives, the 
Committee on Banking, Housing, and Urban Affairs 
of the Senate, and make publicly available a report 
containing the information collected under this sec-
tion.’’; 
(4) by striking subsection (m) and inserting the 
following: 
‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 
ROLLING STOCK PURCHASES.—The Secretary shall pre-
scribe regulations requiring a preaward and postdelivery 
review of a grant under this chapter to buy rolling stock 
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to ensure compliance with bid specifications requirements 
of grant recipients under this chapter. Under this sub-
section, grantee inspections and review are required, and 
a manufacturer certification is not sufficient.’’; 
(5) in subsection (r)— 
(A) by inserting ‘‘or beneficial’’ after ‘‘det-
rimental’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; 
(C) by striking ‘‘under this chapter may 
not deny’’ and inserting the following: ‘‘under 
this chapter— 
‘‘(1) may not deny’’; and 
(D) by adding at the end the following: 
‘‘(2) shall respond to any request for reasonable 
access within 75 days of the receipt of the request.’’; 
and 
(6) by striking subsection (t) and redesignating 
subsections (u) and (v) as subsections (t) and (u), 
respectively. 
SEC. 2104. MISCELLANEOUS PROVISIONS. 
(a) STATE
OF GOOD REPAIR GRANTS.—Section 
5337(e) of title 49, United States Code, is amended by 
adding at the end the following: 
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‘‘(3) ACCESSIBILITY
COSTS.—Notwithstanding 
paragraph (1), the Federal share of the net project 
cost of a project to provide accessibility in compli-
ance with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) shall be 90 per-
cent.’’. 
(b) APPORTIONMENTS BASED ON GROWING STATES 
AND HIGH DENSITY STATES FORMULA FACTORS.—Sec-
tion 5340(a) of title 49, United States Code, is amended 
by inserting ‘‘and the District of Columbia’’ after ‘‘United 
States’’. 
(c) TECHNICAL ASSISTANCE AND WORKFORCE DE-
VELOPMENT.—Section 5314 of title 49, United States 
Code, is amended— 
(1) in subsection (a)(1)(B)— 
(A) in clause (i) by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in clause (ii) by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iii) technical assistance to assist re-
cipients with the impacts of a new census 
count.’’; and 
(2) in subsection (c)(4)(A) by inserting ‘‘, 
5311’’ after ‘‘5307’’. 
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(d) ADMINISTRATIVE PROVISIONS.—Section 5334 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘(l) NECESSARILY IMPLIED ACTIVITIES.—Notwith-
standing any other provision of law, in the event of a lapse 
in authorization or appropriations for the Federal transit 
program under this title, the administrative activities that 
are necessary to disburse valid obligations are necessarily 
implied by the continued availability of funding for making 
disbursements of amounts previously obligated, pursuant 
to section 1553 of title 31.’’. 
(e) NATIONAL TRANSIT DATABASE.—Section 5335 
of title 49, United States Code, is amended by inserting 
‘‘and any information on each assault on a transit worker’’ 
after ‘‘by the recipient’’. 
(f) URBANIZED AREA FORMULA GRANTS.—Section 
5307 of title 49, United States Code, is amended— 
(1) in subsection (a)(2)(A)— 
(A) in clause (i) by striking ‘‘or’’ at the 
end; and 
(B) by adding at the end the following: 
‘‘(iii) operate a minimum of 101 buses 
and a maximum of 125 buses in fixed 
route service or demand response service, 
excluding ADA complementary paratransit 
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service, during peak service hours, in an 
amount not to exceed 25 percent of the 
share of the apportionment which is attrib-
utable to such systems within the urban-
ized area, as measured by vehicle revenue 
hours; or’’; 
(2) in subsection (a)(2)(B)— 
(A) in clause (i) by striking ‘‘or’’ at the 
end; 
(B) in clause (ii) by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iii) operate a minimum of 101 buses 
and a maximum of 125 buses in fixed 
route service or demand response service, 
excluding ADA complementary paratransit 
service, during peak service hours, in an 
amount not to exceed 25 percent of the 
share of the apportionment allocated to 
such systems within the urbanized area, as 
determined by the local planning process 
and included in the designated recipient’s 
final program of projects prepared under 
subsection (b).’’; and 
(3) in subsection (b)— 
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(A) in paragraph (6) by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) ensure that the proposed program of 
projects provides improved access to transit for the 
individuals described in section 5336(j); and’’. 
(g) 
TECHNICAL
CORRECTION.—Section 
5307(a)(2)(B)(ii) of title 49, United States Code, is 
amended by striking ‘‘service during peak’’ and inserting 
‘‘service, during peak’’. 
SEC. 2105. POLICIES AND PURPOSES. 
Section 5301(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (7) by striking ‘‘; and’’ and in-
serting a semicolon; 
(2) in paragraph (8) by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) reduce the contributions of the surface 
transportation system to the total carbon pollution 
of the United States; and 
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‘‘(9) improve the resiliency of the public trans-
portation network to withstand weather events and 
other natural disasters.’’. 
SEC. 2106. FISCAL YEAR 2022 FORMULAS. 
For fiscal year 2022, the Secretary shall apportion 
and distribute formula funds provided for under chapter 
53 of title 49, United States Code, using data submitted 
to the 2019 National Transit Database. 
Subtitle B—Improving Frequency 
and Ridership 
SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 
RIDERSHIP COMPETITIVE GRANTS. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5307 
the following new section: 
‘‘§ 5308. Multi-jurisdictional bus frequency and rider-
ship competitive grants 
‘‘(a) IN GENERAL.—The Secretary shall make grants 
under this section, on a competitive basis, to eligible re-
cipients to increase the frequency and ridership of public 
transit buses. 
‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this section, an eligible recipient shall submit to the 
Secretary an application at such time, in such manner, 
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and containing such information as the Secretary may re-
quire. 
‘‘(c) APPLICATION TIMING.—Not later than 90 days 
after amounts are made available to carry out this section, 
the Secretary shall solicit grant applications from eligible 
recipients for projects described in subsection (d). 
‘‘(d) USES OF FUNDS.—An eligible recipient of a 
grant under this section shall use such grant for capital 
projects that— 
‘‘(1) increase— 
‘‘(A) the frequency of bus service; 
‘‘(B) bus ridership; and 
‘‘(C) total person throughput; and 
‘‘(2) are consistent with, and as described in, 
the design guidance issued by the National Associa-
tion of City Transportation Officials and titled 
‘Transit Street Design Guide’. 
‘‘(e) GRANT CRITERIA.—In making grants under this 
section, the Secretary shall consider the following: 
‘‘(1) Each eligible recipient’s projected increase 
in bus frequency. 
‘‘(2) Each eligible recipient’s projected increase 
in bus ridership. 
‘‘(3) Each eligible recipient’s projected increase 
in total person throughput. 
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‘‘(4) The degree of regional collaboration de-
scribed in each eligible recipient’s application, in-
cluding collaboration with— 
‘‘(A) a local government entity that oper-
ates a public transportation service; 
‘‘(B) local government agencies that con-
trol street design; 
‘‘(C) metropolitan planning organizations 
(as such term is defined in section 5303); and 
‘‘(D) State departments of transportation. 
‘‘(f) GRANT TIMING.—The Secretary shall award 
grants under this section not later than 120 days after 
the date on which the Secretary completes the solicitation 
described in subsection (c). 
‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car-
rying out the program under this section, the Secretary 
shall— 
‘‘(1) not later than the date described in sub-
section (c), publish in the Federal Register a list of 
all metrics and evaluation procedures to be used in 
making grants under this section; and 
‘‘(2) publish in the Federal Register— 
‘‘(A) a summary of the final metrics and 
evaluations used in making grants under this 
section; and 
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‘‘(B) a list of the ratings of eligible recipi-
ents receiving a grant under this section based 
on such metrics and evaluations. 
‘‘(h) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of a project carried out under this section shall 
not exceed 80 percent. 
‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 
Secretary may make a grant for a project under this 
section in an amount up to 150 percent of the 
amount— 
‘‘(A) provided for such project under title 
23; and 
‘‘(B) of remaining costs, as defined under 
section 5307(d)(3), that were budgeted for 
roadways for such project. 
‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 
otherwise provided in this section, a grant under this sec-
tion shall be subject to the requirements of section 5307. 
‘‘(j) AVAILABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—Amounts made available to 
carry out this section shall remain available for 4 
fiscal years after the fiscal year for which the 
amount was made available. 
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‘‘(2) UNOBLIGATED AMOUNTS.—After the expi-
ration of the period described in paragraph (1) for 
an amount made available to carry out this section, 
any unobligated amounts made available to carry out 
this section shall be added to the amounts made 
available for the following fiscal year. 
‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the 
term ‘eligible recipient’ means a recipient of a grant under 
section 5307 in an urbanized area with a population great-
er than 500,000.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 of title 49, United States Code, is amended by in-
serting after the item relating to section 5307 the fol-
lowing new item: 
‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. 
SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR-
MULA. 
Section 5336 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i) by striking ‘‘95.61 percent’’ and 
inserting ‘‘95 percent’’; 
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(II) in clause (i) by striking 
‘‘95.61 percent’’ and inserting ‘‘95 
percent’’; and 
(III) in clause (ii) by striking 
‘‘95.61 percent’’ and inserting ‘‘95 
percent’’; and 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i) by striking ‘‘4.39 percent’’ and in-
serting ‘‘5 percent’’; 
(II) in clause (i)— 
(aa) by inserting ‘‘in the 
highest 25 percent of routes by 
ridership’’ 
before 
‘‘multiplied 
by’’; and 
(bb) by striking ‘‘vehicle 
passenger miles traveled for each 
dollar of operating cost in an 
area’’ and inserting ‘‘vehicles op-
erating in peak revenue service 
per hour in the highest 25 per-
cent of routes by ridership’’; and 
(III) in clause (ii)— 
(aa) by inserting ‘‘in the 
highest 25 percent of routes by 
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ridership’’ 
before 
‘‘multiplied 
by’’; and 
(bb) by striking ‘‘vehicle 
passenger miles traveled for each 
dollar of operating cost in all 
areas’’ and inserting ‘‘vehicles 
operating in peak revenue service 
per hour in the highest 25 per-
cent of routes by ridership’’; and 
(B) by adding at the end the following: 
‘‘(3) SPECIAL RULE.—For fiscal year 2022, the 
percentage— 
‘‘(A) in paragraph (2)(A) in the matter 
preceding clause (i) shall be treated as 100 per-
cent; and 
‘‘(B) in paragraph (2)(B) in the matter 
preceding clause (i) shall be treated as 0 per-
cent.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘90.8 
percent’’ and inserting ‘‘90 percent’’ each place 
it appears; 
(B) in paragraph (2)— 
(i) by striking ‘‘9.2 percent’’ and in-
serting ‘‘8 percent’’; 
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(ii) by striking ‘‘200,000’’ and insert-
ing ‘‘500,000’’; 
(iii) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) the number of bus passenger miles 
traveled on the highest 25 percent of routes by 
ridership multiplied by the number of buses op-
erating in peak revenue service per hour on the 
highest 25 percent of routes by ridership; di-
vided by’’; and 
(iv) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) the total number of bus passenger 
miles traveled on the highest 25 percent of 
routes by ridership multiplied by the total num-
ber of buses operating in peak revenue service 
per hour on the highest 25 percent of routes by 
ridership in all areas.’’; and 
(C) by adding at the end the following: 
‘‘(3) 2 percent of the total amount apportioned 
under this subsection shall be apportioned so that 
each urbanized area with a population of at least 
200,000 and less than 500,000 is entitled to receive 
an amount using the formula in paragraph (1). 
‘‘(4) For fiscal year 2022, the percentage— 
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‘‘(A) in paragraph (1) in the matter pre-
ceding subparagraph (A) shall be treated as 
100 percent; 
‘‘(B) in paragraph (2) in the matter pre-
ceding subparagraph (A) shall be treated as 0 
percent; and 
‘‘(C) in paragraph (3) shall be treated as 
0 percent.’’; and 
(3) by adding at the end the following: 
‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this 
section, the term ‘peak revenue service’ means the time 
period between the time that an agency exceeds the num-
ber of midday vehicles in revenue service per hour in the 
morning peak and the time that an agency falls below the 
number of midday vehicles in revenue service per hour in 
the evening peak.’’. 
SEC. 2203. MOBILITY INNOVATION. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5315 
the following new section: 
‘‘§ 5316. Mobility innovation 
‘‘(a) IN GENERAL.—Amounts made available to a 
covered recipient to carry out sections 5307, 5310, and 
5311 may be used by such covered recipient under this 
section to assist in the financing of— 
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‘‘(1) mobility as a service; and 
‘‘(2) mobility on demand services. 
‘‘(b) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), the Federal share of the 
net cost of a project carried out under this section 
shall not exceed 80 percent. 
‘‘(2) MOBILITY
ON
DEMAND
SERVICE
OPER-
ATING COSTS.—The Federal share of the net cost of 
a project to provide for net operating costs for mo-
bility on demand services shall not exceed 50 percent 
for any funds provided under section 5307. 
‘‘(3) MOBILITY AS A SERVICE COST SHARE.— 
Notwithstanding paragraph (1), the Federal share of 
the net cost of mobility as a service shall not exceed 
90 percent. 
‘‘(4) ZERO
EMISSION
INCENTIVE.—Notwith-
standing paragraphs (1) and (2), the Federal share 
of the net cost of a project described in paragraph 
(1) or (2) shall be reduced by 25 percent if such 
project involves an eligible use that uses a vehicle 
that produces carbon dioxide or particulate matter. 
‘‘(c) ELIGIBLE USES.— 
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‘‘(1) IN GENERAL.—The Secretary shall publish 
guidance describing eligible activities that are rea-
sonably expected to— 
‘‘(A) increase transit ridership; 
‘‘(B) be complementary to fixed route tran-
sit service; and 
‘‘(C) demonstrate substantial improve-
ments in— 
‘‘(i) environmental metrics, including 
standards established pursuant to the 
Clean Air Act (42 U.S.C. 7401 et seq.) 
and greenhouse gas performance targets 
established pursuant to section 150(d) of 
title 23; 
‘‘(ii) traffic congestion; 
‘‘(iii) compliance with the require-
ments under the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et 
seq.); 
‘‘(iv) low-income service to increase 
access to employment, healthcare, and 
other essential services; 
‘‘(v) service outside of transit agency 
operating hours; 
‘‘(vi) low density service; and 
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‘‘(vii) rural service. 
‘‘(2) PROHIBITION
ON
USE
OF
FUNDS.— 
Amounts used by a covered recipient for projects eli-
gible under this section may not be used for— 
‘‘(A) single passenger vehicle miles (in a 
passenger motor vehicle, as such term is de-
fined in section 32101, that carries less than 9 
passengers), unless the trip— 
‘‘(i) meets the definition of public 
transportation; and 
‘‘(ii) begins or completes a fixed route 
public transportation trip; or 
‘‘(B) deadhead vehicle miles. 
‘‘(d) FEDERAL REQUIREMENTS.—A project carried 
out under this section shall be treated as if such project 
were carried out under the section from which the funds 
were provided to carry out such project, including the ap-
plication of any additional requirements provided for by 
law that apply to section 5307, 5310, or 5311, as applica-
ble. 
‘‘(e) WAIVER.— 
‘‘(1) NATIONAL WAIVER.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (3), the Secretary may issue a na-
tional waiver for a requirement applied to 
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projects carried out under this section pursuant 
to subsection (d) if the Secretary determines 
that applying such requirement would be incon-
sistent with the public interest. 
‘‘(B) PUBLIC
NOTIFICATION
AND
COM-
MENT.— 
‘‘(i) IN GENERAL.—Not later than 30 
days before issuing a waiver described in 
subparagraph (A), the Secretary shall pro-
vide notification and an opportunity for 
public comment on such waiver. 
‘‘(ii) 
NOTIFICATION
REQUIRE-
MENTS.—The notification required under 
clause (i) shall be provided to the public by 
electronic means, including on the public 
website of the Department of Transpor-
tation. 
‘‘(C) FINAL
WAIVER.—Before a national 
waiver takes effect, the Secretary shall publish 
a detailed justification for such waiver that ad-
dresses all public comments received under sub-
paragraph (B) on the public website for the De-
partment of Transportation and in the Federal 
Register. 
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‘‘(2) INDIVIDUAL WAIVER.—Except as provided 
in paragraph (3), the Secretary may waive any re-
quirement applied to a project carried out under this 
section pursuant to subsection (d) if the Secretary 
determines that applying such requirement would be 
inconsistent with the public interest. 
‘‘(3) WAIVER UNDER OTHER SECTIONS.—The 
Secretary may not waive any requirement under 
paragraph (1) or (2) for which a waiver is otherwise 
available. 
‘‘(4) 
PROHIBITION
OF
WAIVER.—Notwith-
standing paragraphs (1) and (2), the Secretary may 
not waive any requirement of— 
‘‘(A) section 5333; 
‘‘(B) section 5331; and 
‘‘(C) section 5302(14). 
‘‘(5) APPLICATION OF SECTION 5320.—Notwith-
standing paragraphs (1), (2), and (3), the Secretary 
may only waive the requirements of section 5320 
with respect to— 
‘‘(A) a passenger vehicle owned by an indi-
vidual; and 
‘‘(B) subsection (q) of such section for any 
passenger vehicle not owned by an individual 
for the period beginning on the date of enact-
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ment of this section and ending 3 years after 
such date. 
‘‘(f) OPEN DATA STANDARDS.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this section, the Sec-
retary shall initiate procedures under subchapter III 
of chapter 5 of title 5 to develop an open data stand-
ard and an application programming interface nec-
essary to carry out this section. 
‘‘(2) REGULATIONS.—The regulations required 
under paragraph (1) shall enable public transpor-
tation agencies, mobility on demand providers, mo-
bility as a service technology providers, and local 
governments the efficient means to transfer data 
to— 
‘‘(A) foster the efficient use of transpor-
tation capacity; 
‘‘(B) enhance the management of new 
modes of mobility; 
‘‘(C) enable the use of innovative planning 
tools; 
‘‘(D) enable single payment systems for all 
mobility on demand services; 
‘‘(E) establish metropolitan planning orga-
nization, State, and local government access to 
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(ii) in subparagraph (B) by striking 
‘‘$300,000,000’’ 
and 
inserting 
‘‘$400,000,000’’; 
(2) in subsection (b)(2) by inserting ‘‘expanding 
station capacity,’’ after ‘‘construction of infill sta-
tions,’’; 
(3) in subsection (d)(1)— 
(A) in subparagraph (C)(i) by striking ‘‘2 
years’’ and inserting ‘‘3 years’’; and 
(B) by adding at the end the following: 
‘‘(D) OPTIONAL
PROJECT
DEVELOPMENT 
ACTIVITIES.—An applicant may perform cost 
and schedule risk assessments with technical 
assistance provided by the Secretary. 
‘‘(E) STATUTORY CONSTRUCTION.—Noth-
ing in this section shall be construed as author-
izing the Secretary to require cost and schedule 
risk assessments in the project development 
phase.’’; 
(4) in subsection (e)(1)— 
(A) in subparagraph (C)(i) by striking ‘‘2 
years’’ and inserting ‘‘3 years’’; and 
(B) by adding at the end the following: 
‘‘(D) OPTIONAL
PROJECT
DEVELOPMENT 
ACTIVITIES.—An applicant may perform cost 
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and schedule risk assessments with technical 
assistance provided by the Secretary. 
‘‘(E) STATUTORY CONSTRUCTION.—Noth-
ing in this section shall be construed as author-
izing the Secretary to require cost and schedule 
risk assessments in the project development 
phase.’’; 
(5) in subsection (e)(2)(A)(iii)(II) by striking 
‘‘5 years’’ and inserting ‘‘10 years’’; 
(6) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘sub-
section (d)(2)(A)(v)’’ and inserting ‘‘subsection 
(d)(2)(A)(iv)’’; 
(B) in paragraph (2)— 
(i) 
by 
striking 
‘‘subsection 
(d)(2)(A)(v)’’ and inserting ‘‘subsection 
(d)(2)(A)(iv)’’; 
(ii) in subparagraph (D) by adding 
‘‘and’’ at the end; 
(iii) by striking subparagraph (E); 
and 
(iv) by redesignating subparagraph 
(F) as subparagraph (E); and 
(C) by adding at the end the following: 
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