592 
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— 
‘‘(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 in the morning that an agency 
first exceeds the number of midday vehicles in revenue 
service and the time in the evening that an agency falls 
below the number of midday vehicles in revenue service.’’. 
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:
593 
‘‘§ 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— 
‘‘(1) mobility as a service; and 
‘‘(2) mobility on demand services. 
‘‘(b) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Federal share of the net cost 
of a project carried out under this section shall not 
exceed 70 percent. 
‘‘(2) 
INSOURCING
INCENTIVE.—Notwith-
standing paragraph (1), the Federal share of the net 
cost of a project described in paragraph (1) shall not 
exceed 90 percent for mobility on demand service op-
erated exclusively by personnel employed by the re-
cipient. 
‘‘(3) ZERO
EMISSION
INCENTIVE.—Notwith-
standing paragraph (1), the Federal share of the net 
cost of a project described in paragraph (1) shall not 
exceed 90 percent if such project involves an eligible 
use that uses a vehicle that produces zero carbon di-
oxide or particulate matter. 
‘‘(c) ELIGIBLE USES.—
594 
‘‘(1) IN GENERAL.—The Secretary shall publish 
guidance describing eligible activities that are dem-
onstrated to— 
‘‘(A) increase transit ridership; 
‘‘(B) be complementary to fixed route tran-
sit service; 
‘‘(C) demonstrate meaningful 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, provided that the transit 
agency operating hours are not reduced;
595 
‘‘(vi) new low density service relative 
to the higher density urban areas of the 
agency’s service area; or 
‘‘(vii) rural service. 
‘‘(D) 
FARE
COLLECTION
MODERNIZA-
TION.—In developing guidance referred to in 
this section, the Secretary shall ensure that— 
‘‘(i) all costs associated with install-
ing, modernizing, and managing fare col-
lection, including touchless payment sys-
tems, shall be considered eligible expenses 
under this title and subject to the applica-
ble Federal share; and 
‘‘(ii) such guidance includes guidance 
on how agencies shall provide unbanked 
and underbanked users with an oppor-
tunity to benefit from mobility as a service 
platforms. 
‘‘(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—
596 
‘‘(i) meets the definition of public 
transportation; and 
‘‘(ii) begins or completes a fixed route 
public transportation trip; 
‘‘(B) deadhead vehicle miles; or 
‘‘(C) any service considered a taxi service 
that operates under an exemption from testing 
requirements under section 5331. 
‘‘(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) INDIVIDUAL WAIVER.—Except as provided 
in paragraphs (2) and (3), the Secretary may waive 
any requirement applied to a project carried out 
under this section pursuant to subsection (d) if the 
Secretary determines that the project would— 
‘‘(A) not undermine labor standards; 
‘‘(B) increase employment opportunities of 
the recipient unless the Secretary determines
597 
that such a waiver does not affect employment 
opportunities; and 
‘‘(C) be consistent with the public interest. 
‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 
Secretary may not waive any requirement under 
paragraph (1) for which a waiver is otherwise avail-
able. 
‘‘(3) 
PROHIBITION
OF
WAIVER.—Notwith-
standing paragraph (1), the Secretary may not 
waive any requirement of— 
‘‘(A) section 5333; 
‘‘(B) section 5331; 
‘‘(C) section 5302(14); and 
‘‘(D) chapter 53 that establishes a max-
imum Federal share for operating costs. 
‘‘(4) APPLICATION OF SECTION 5320.—Notwith-
standing paragraphs (1) and (2), the Secretary may 
only waive the requirements of section 5320 with re-
spect 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-
598 
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 require public transpor-
tation agencies, mobility on demand providers, mo-
bility as a service technology providers, other non- 
government actors, and local governments the effi-
cient 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
599 
anonymized data for transportation planning, 
real time operations data, and rules; 
‘‘(F) safeguard personally identifiable in-
formation; 
‘‘(G) protect confidential business informa-
tion; and 
‘‘(H) enhance cybersecurity protections. 
‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 
Any data received by an entity under this subsection 
may not be sold, leased, or otherwise used to gen-
erate profit, except for the direct provision of the re-
lated mobility on demand services and mobility as a 
service. 
‘‘(4) COMMITTEE.—A negotiated rulemaking 
committee established pursuant to section 565 of 
title 5 to carry out this subsection shall have a max-
imum of 17 members limited to representatives of 
the Department of Transportation, State and local 
governments, metropolitan planning organizations, 
urban and rural covered recipients, associations that 
represent public transit agencies, representatives 
from at least 3 different organizations engaged in 
collective bargaining on behalf of transit workers in 
not fewer than 3 States, mobility on demand pro-
600 
viders, and mobility as a service technology pro-
viders. 
‘‘(5) PUBLICATION
OF
PROPOSED
REGULA-
TIONS.—Proposed regulations to implement this sec-
tion shall be published in the Federal Register by 
the Secretary not later than 18 months after such 
date of enactment. 
‘‘(6) EXTENSION OF DEADLINES.—A deadline 
set forth in paragraph (4) may be extended up to 
180 days if the negotiated rulemaking committee re-
ferred to in paragraph (5) concludes that the com-
mittee cannot meet the deadline and the Secretary 
so notifies the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs 
of the Senate. 
‘‘(g) APPLICATION OF RECIPIENT REVENUE VEHI-
CLE MILES.—With respect to revenue vehicle miles with 
one passenger of a covered recipient using amounts under 
this section, such miles— 
‘‘(1) shall be included in the National Transit 
Database under section 5335; and 
‘‘(2) shall be excluded from vehicle revenue 
miles data used in the calculation described in sec-
tion 5336.
601 
‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub-
section (g) shall not apply to any eligible activities under 
this section if such activities are— 
‘‘(1) being carried out in compliance with the 
Americans with Disabilities Act of 1990 22(42 
U.S.C. 12101 et seq.); or 
‘‘(2) projects eligible under section 5310 that 
exceed the requirements of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12101 et seq.). 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) DEADHEAD
VEHICLE
MILES.—The term 
‘deadhead vehicle miles’ means the miles that a vehi-
cle travels when out of revenue service, including 
leaving or returning to the garage or yard facility, 
changing routes, when there is no expectation of car-
rying revenue passengers, and any miles traveled by 
a private operator without a passenger. 
‘‘(2) MOBILITY AS A SERVICE.—The term ‘mo-
bility as a service’ means services that constitute the 
integration of mobility on demand services and pub-
lic transportation that are available and accessible to 
all travelers, provide multimodal trip planning, and 
a unified payment system. 
‘‘(3) MOBILITY ON DEMAND.—The term ‘mobil-
ity on demand’ means an on-demand transportation
602 
service shared among individuals, either concurrently 
or one after another. 
‘‘(4) COVERED RECIPIENT.—The term ‘covered 
recipient’ means a State or local government entity, 
private nonprofit organization, or Tribe that— 
‘‘(A) operates a public transportation serv-
ice; and 
‘‘(B) is a recipient or subrecipient of funds 
under section 5307, 5310, or 5311.’’. 
(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 5315 the fol-
lowing new item: 
‘‘5316. Mobility innovation.’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date 
on which the Secretary has finalized both— 
(1) the guidance required under section 5316(c) 
of title 49, United States Code; and 
(2) the regulations required under section 
5316(f) of title 49, United States Code. 
SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 
Section 5311 of title 49, United States Code, is 
amended— 
(1) in subsection (b)—
603 
(A) in paragraph (2) by adding at the end 
the following: 
‘‘(D) CENSUS
DESIGNATION.—The Sec-
retary may approve a State program that allo-
cates not more than 5 percent of such State’s 
apportionment to assist rural areas that were 
redesignated as urban areas not more than 2 
fiscal years after the last census designation of 
urbanized area boundaries.’’; and 
(B) in paragraph (3) by striking ‘‘section 
5338(a)(2)(F)’’ 
and 
inserting 
‘‘section 
5338(a)(2)(E)’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph 
(A) 
by 
striking 
‘‘section 
5338(a)(2)(F)’’ and inserting ‘‘section 
5338(a)(2)(E)’’; 
(ii) in subparagraph (A) by striking 
‘‘$5,000,000’’ 
and 
inserting 
‘‘$10,000,000’’; and 
(iii) in subparagraph (B) by striking 
‘‘$30,000,000’’ and inserting ‘‘the amount 
remaining under section 5338(a)(2)(E)(i)
604 
after the amount under subparagraph (A) 
is distributed’’; 
(B) in paragraph (2)(C) by striking ‘‘sec-
tion 5338(a)(2)(F)’’ and inserting ‘‘section 
5338(a)(2)(E)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (A) by striking 
‘‘section 5338(a)(2)(F)’’ and inserting 
‘‘section 5338(a)(2)(E)’’; and 
(ii) by striking subparagraphs (B) and 
(C) and inserting the following: 
‘‘(B) LAND AREA.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), each State shall receive an amount 
that is equal to 15 percent of the amount 
apportioned under this paragraph, multi-
plied by the ratio of the land area in rural 
areas in that State and divided by the land 
area in all rural areas in the United 
States, as shown by the most recent decen-
nial census of population. 
‘‘(ii) MAXIMUM
APPORTIONMENT.— 
No State shall receive more than 5 percent 
of the amount apportioned under clause 
(i).
605 
‘‘(C) POPULATION.—Each State shall re-
ceive an amount equal to 50 percent of the 
amount apportioned under this paragraph, mul-
tiplied by the ratio of the population of rural 
areas in that State and divided by the popu-
lation of all rural areas in the United States, as 
shown by the most recent decennial census of 
population. 
‘‘(D) VEHICLE REVENUE MILES.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), each State shall receive an amount 
that is equal to 25 percent of the amount 
apportioned under this paragraph, multi-
plied by the ratio of vehicle revenue miles 
in rural areas in that State and divided by 
the vehicle revenue miles in all rural areas 
in the United States, as determined by na-
tional transit database reporting. 
‘‘(ii) MAXIMUM
APPORTIONMENT.— 
No State shall receive more than 5 percent 
of the amount apportioned under clause 
(i). 
‘‘(E) LOW-INCOME
INDIVIDUALS.—Each 
State shall receive an amount that is equal to 
10 percent of the amount apportioned under
606 
this paragraph, multiplied by the ratio of low- 
income individuals in rural areas in that State 
and divided by the number of low-income indi-
viduals in all rural areas in the United States, 
as shown by the Bureau of the Census.’’; 
(3) in subsection (f)— 
(A) in paragraph (1) by inserting ‘‘A State 
may expend funds to continue service into an-
other State to extend a route.’’ before ‘‘Eligible 
activities under’’; and 
(B) in paragraph (2) by inserting ‘‘and 
makes the certification and supporting docu-
ments publicly available’’ before the period at 
the end; and 
(4) in subsection (g) by adding at the end the 
following: 
‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 
‘‘(A) 
APPLICABLE
REGULATIONS.—For 
any funds provided by a department or agency 
of the Government under paragraph (3)(D) or 
by a service agreement under paragraph (3)(C), 
and such department or agency has regulations 
in place that provide for the valuation of volun-
teer hours as allowable in-kind contributions to-
ward the non-Federal share of project costs,
607 
such regulations shall be used to determine the 
allowable valuation of volunteer hours as an in- 
kind contribution toward the non-Federal re-
mainder of net project costs for a transit 
project funded under this section. 
‘‘(B) 
LIMITATIONS.—Subparagraph 
(A) 
shall not apply to the provision of fixed-route 
bus services funded under this section.’’. 
SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 
Section 5310 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of enactment of this subsection, the 
Secretary shall establish a one-stop paratransit com-
petitive grant program to encourage an extra stop in 
non-fixed route Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) service for a para-
transit rider to complete essential tasks. 
‘‘(2) PREFERENCE.—The Secretary shall give 
preference to eligible recipients that— 
‘‘(A) have comparable data for the year 
prior to implementation of the grant program 
and made available to the Secretary, academic
608 
and nonprofit organizations for research pur-
poses; and 
‘‘(B) plan to use agency personnel to im-
plement the pilot program. 
‘‘(3) APPLICATION CRITERIA.—To be eligible to 
participate in the grant program, an eligible recipi-
ent shall submit to the Secretary an application con-
taining such information as the Secretary may re-
quire, including information on— 
‘‘(A) locations the eligible entity intends to 
allow a stop at, if stops are limited, including— 
‘‘(i) childcare or education facilities; 
‘‘(ii) pharmacies; 
‘‘(iii) grocery stores; and 
‘‘(iv) bank or ATM locations; 
‘‘(B) methodology for informing the public 
of the grant program; 
‘‘(C) vehicles, personnel, and other re-
sources that will be used to implement the 
grant program; 
‘‘(D) if the applicant does not intend the 
grant program to apply to the full area under 
the jurisdiction of the applicant, a description 
of the geographic area in which the applicant 
intends the grant program to apply; and
609 
‘‘(E) the anticipated amount of increased 
operating costs. 
‘‘(4) SELECTION.—The Secretary shall seek to 
achieve diversity of participants in the grant pro-
gram by selecting a range of eligible entities that in-
cludes at least— 
‘‘(A) 5 eligible recipients that serve an 
area with a population of 50,000 to 200,000; 
‘‘(B) 10 eligible recipients that serve an 
area with a population of over 200,000; and 
‘‘(C) 5 eligible recipients that provide 
transportation for rural communities. 
‘‘(5) DATA-SHARING CRITERIA.—An eligible re-
cipient in this subsection shall provide data as the 
Secretary requires, including— 
‘‘(A) number of ADA paratransit trips 
conducted each year; 
‘‘(B) requested time of each paratransit 
trip; 
‘‘(C) scheduled time of each paratransit 
trip; 
‘‘(D) actual pickup time for each para-
transit trip; 
‘‘(E) average length of a stop in the middle 
of a ride as allowed by this subsection;
610 
‘‘(F) any complaints received by a para-
transit rider; 
‘‘(G) rider satisfaction with paratransit 
services; and 
‘‘(H) after the completion of the grant, an 
assessment by the eligible recipient of its capac-
ity to continue a one-stop program independ-
ently. 
‘‘(6) REPORT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make publicly available an annual report on the 
program carried out under this subsection for 
each fiscal year, not later than December 31 of 
the calendar year in which such fiscal year 
ends. 
‘‘(B) CONTENTS.—The report required 
under subparagraph (A) shall include a detailed 
description of the activities carried out under 
the program, and an evaluation of the program, 
including an evaluation of the data shared by 
eligible recipients under paragraph (5).’’. 
Subtitle C—Buy America and 
Other Procurement Reforms 
SEC. 2301. BUY AMERICA. 
(a) BUY AMERICA.—
611 
(1) IN
GENERAL.—Chapter 53 of title 49, 
United States Code, is amended by inserting before 
section 5321 the following: 
‘‘§ 5320. Buy America 
‘‘(a) IN GENERAL.—The Secretary may obligate an 
amount that may be appropriated to carry out this chapter 
for a project only if the steel, iron, and manufactured 
goods used in the project are produced in the United 
States. 
‘‘(b) WAIVER.—The Secretary may waive subsection 
(a) if the Secretary finds that— 
‘‘(1) applying subsection (a) would be incon-
sistent with the public interest; 
‘‘(2) the steel, iron, and goods produced in the 
United States are not produced in a sufficient and 
reasonably available amount or are not of a satisfac-
tory quality; 
‘‘(3) when procuring rolling stock (including 
train control, communication, traction power equip-
ment, and rolling stock prototypes) under this chap-
ter— 
‘‘(A) the cost of components and sub-
components produced in the United States is 
more than 70 percent of the cost of all compo-
nents of the rolling stock; and
612 
‘‘(B) final assembly of the rolling stock has 
occurred in the United States; or 
‘‘(4) including domestic material will increase 
the cost of the overall project by more than 25 per-
cent. 
‘‘(c) WRITTEN WAIVER DETERMINATION AND AN-
NUAL REPORT.— 
‘‘(1) WAIVER PROCEDURE.—Not later than 120 
days after the submission of a request for a waiver, 
the Secretary shall make a determination under sub-
section (b)(1), (b)(2), or (b)(4) as to whether to 
waive subsection (a). 
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days before making a determination regarding a 
waiver described in paragraph (1), the Sec-
retary shall provide notification and an oppor-
tunity for public comment on the request for 
such waiver. 
‘‘(B) NOTIFICATION REQUIREMENTS.—The 
notification required under subparagraph (A) 
shall— 
‘‘(i) describe whether the application 
is being made for a waiver described in 
subsection (b)(1), (b)(2) or (b)(4); and
613 
‘‘(ii) be provided to the public by elec-
tronic means, including on the public 
website of the Department of Transpor-
tation. 
‘‘(3) DETERMINATION.—Before a determination 
described in paragraph (1) takes effect, the Sec-
retary shall publish a detailed justification for such 
determination that addresses all public comments re-
ceived under paragraph (2)— 
‘‘(A) on the public website of the Depart-
ment of Transportation; and 
‘‘(B) if the Secretary issues a waiver with 
respect to such determination, in the Federal 
Register. 
‘‘(4) ANNUAL
REPORT.—Annually, the Sec-
retary shall submit to the Committee on Banking, 
Housing, and Urban Affairs of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives a report listing any 
waiver issued under paragraph (1) during the pre-
ceding year. 
‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 
‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 
this section, highly skilled labor costs involved in 
final assembly shall be included as a separate com-
614 
ponent in the cost of components and subcompo-
nents under subsection (b)(3)(A). 
‘‘(2) HIGH
DOMESTIC
CONTENT
COMPONENT 
BONUS.—In this section, in calculating the domestic 
content of the rolling stock under subsection (b)(3), 
the percent, rounded to the nearest whole number, 
of the domestic content in components of such roll-
ing stock, weighted by cost, shall be used in calcu-
lating the domestic content of the rolling stock, ex-
cept— 
‘‘(A) with respect to components that ex-
ceed— 
‘‘(i) 70 percent domestic content, the 
Secretary shall add 10 additional percent 
to the component’s domestic content when 
calculating the domestic content of the 
rolling stock; and 
‘‘(ii) 75 percent domestic content, the 
Secretary shall add 15 additional percent 
to the component’s domestic content when 
calculating the domestic content of the 
rolling stock; and 
‘‘(B) in no case may a component exceed 
100 domestic content when calculating the do-
mestic content of the rolling stock.
615 
‘‘(3) 
ROLLING
STOCK
FRAMES
OR
CAR 
SHELLS.— 
‘‘(A) INCLUSION
OF
COSTS.—Subject to 
the substantiation requirement of subparagraph 
(B), in carrying out, in calculating the cost of 
the domestic content of the rolling stock under 
subsection (b)(3), in the case of a rolling stock 
procurement receiving assistance under this 
chapter in which the average cost of a rolling 
stock vehicle in the procurement is more than 
$300,000, if rolling stock frames or car shells 
are not produced in the United States, the Sec-
retary shall include in the calculation of the do-
mestic content of the rolling stock the cost of 
the steel or iron that is produced in the United 
States and used in the rolling stock frames or 
car shells. 
‘‘(B) SUBSTANTIATION.—If a rolling stock 
vehicle manufacturer wishes to include in the 
calculation of the vehicle’s domestic content the 
cost of steel or iron produced in the United 
States and used in the rolling stock frames and 
car shells that are not produced in the United 
States, the manufacturer shall maintain and
616 
provide upon request a mill certification that 
substantiates the origin of the steel or iron. 
‘‘(4) TREATMENT
OF
WAIVED
COMPONENTS 
AND SUBCOMPONENTS.—In this section, a compo-
nent or subcomponent waived under subsection (b) 
shall be excluded from any part of the calculation re-
quired under subsection (b)(3)(A). 
‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT-
TERY CELL INCENTIVE.—The Secretary shall pro-
vide an additional 2.5 percent of domestic content to 
the total rolling stock domestic content percentage 
calculated under this section for any zero-emission 
vehicle that uses only battery cells for propulsion 
that are manufactured domestically. 
‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 
‘‘(A) IN
GENERAL.—No labor costs in-
cluded in the cost of a component or subcompo-
nent by the manufacturer of rolling stock may 
be treated as rolling stock assembly costs for 
purposes of calculating domestic content. 
‘‘(B) VIOLATION.—A violation of this para-
graph shall be treated as a false claim under 
subchapter III of chapter 37 of title 31.
617 
‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR 
COSTS.—In this subsection, the term ‘highly skilled 
labor costs’— 
‘‘(A) means the apportioned value of direct 
wage compensation associated with final assem-
bly activities of workers directly employed by a 
rolling stock original equipment manufacturer 
and directly associated with the final assembly 
activities of a rolling stock vehicle that advance 
the value or improve the condition of the end 
product; 
‘‘(B) does not include any temporary or in-
direct activities or those hired via a third-party 
contractor or subcontractor; 
‘‘(C) are limited to metalworking, fabrica-
tion, welding, electrical, engineering, and other 
technical activities requiring training; 
‘‘(D) are not otherwise associated with ac-
tivities required under section 661.11 of title 
49, Code of Federal Regulations; and 
‘‘(E) includes only activities performed in 
the United States and does not include that of 
foreign nationals providing assistance at a 
United States manufacturing facility.
618 
‘‘(e) CERTIFICATION
OF DOMESTIC SUPPLY
AND 
DISCLOSURE.— 
‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 
the Secretary denies an application for a waiver 
under subsection (b), the Secretary shall provide to 
the applicant a written certification that— 
‘‘(A) the steel, iron, or manufactured 
goods, as applicable, (referred to in this para-
graph as the ‘item’) is produced in the United 
States in a sufficient and reasonably available 
amount; 
‘‘(B) the item produced in the United 
States is of a satisfactory quality; and 
‘‘(C) includes a list of known manufactur-
ers in the United States from which the item 
can be obtained. 
‘‘(2) DISCLOSURE.—The Secretary shall dis-
close the waiver denial and the written certification 
to the public in an easily identifiable location on the 
website of the Department of Transportation. 
‘‘(f) WAIVER PROHIBITED.—The Secretary may not 
make a waiver under subsection (b) for goods produced 
in a foreign country if the Secretary, in consultation with 
the United States Trade Representative, decides that the 
government of that foreign country—
619 
‘‘(1) has an agreement with the United States 
Government under which the Secretary has waived 
the requirement of this section; and 
‘‘(2) has violated the agreement by discrimi-
nating against goods to which this section applies 
that are produced in the United States and to which 
the agreement applies. 
‘‘(g) PENALTY FOR MISLABELING AND MISREPRE-
SENTATION.—A person is ineligible under subpart 9.4 of 
the Federal Acquisition Regulation, or any successor 
thereto, to receive a contract or subcontract made with 
amounts authorized under title II of the INVEST in 
America Act if a court or department, agency, or instru-
mentality of the Government decides the person inten-
tionally— 
‘‘(1) affixed a ‘Made in America’ label, or a 
label with an inscription having the same meaning, 
to goods sold in or shipped to the United States that 
are used in a project to which this section applies 
but not produced in the United States; or 
‘‘(2) represented that goods described in para-
graph (1) were produced in the United States. 
‘‘(h) STATE REQUIREMENTS.—The Secretary may 
not impose any limitation on assistance provided under 
this chapter that restricts a State from imposing more
620 
stringent requirements than this subsection on the use of 
articles, materials, and supplies mined, produced, or man-
ufactured in foreign countries in projects carried out with 
that assistance or restricts a recipient of that assistance 
from complying with those State-imposed requirements. 
‘‘(i) OPPORTUNITY
TO
CORRECT
INADVERTENT 
ERROR.—The Secretary may allow a manufacturer or 
supplier of steel, iron, or manufactured goods to correct 
after bid opening any certification of noncompliance or 
failure to properly complete the certification (but not in-
cluding failure to sign the certification) under this sub-
section if such manufacturer or supplier attests under pen-
alty of perjury that such manufacturer or supplier sub-
mitted an incorrect certification as a result of an inad-
vertent or clerical error. The burden of establishing inad-
vertent or clerical error is on the manufacturer or supplier. 
‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely 
affected by an agency action under this subsection shall 
have the right to seek review under section 702 of title 
5. 
‘‘(k) STEEL AND IRON.—For purposes of this section, 
steel and iron meeting the requirements of section 
661.5(b) of title 49, Code of Federal Regulations, may be 
considered produced in the United States.
621 
‘‘(l) DEFINITION OF SMALL PURCHASE.—For pur-
poses of determining whether a purchase qualifies for a 
general public interest waiver under subsection (b)(1), in-
cluding under any regulation promulgated under such sub-
section, the term ‘small purchase’ means a purchase of 
not more than $150,000. 
‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 
ROLLING STOCK PURCHASES.— 
‘‘(1) IN
GENERAL.—The Secretary shall pre-
scribe 
regulations 
requiring 
a 
preaward 
and 
postdelivery certification of a rolling stock vehicle 
that meets the requirements of this section and Gov-
ernment motor vehicle safety requirements to be eli-
gible for a grant under this chapter. For compliance 
with this section— 
‘‘(A) Federal inspections and review are 
required; 
‘‘(B) a manufacturer certification is not 
sufficient; and 
‘‘(C) a rolling stock vehicle that has been 
certified by the Secretary remains certified until 
the manufacturer makes a material change to 
the vehicle, or adjusts the cost of all compo-
nents of the rolling stock, that reduces, by more
622 
than half, the percentage of domestic content 
above 70 percent. 
‘‘(2) CERTIFICATION
OF
PERCENTAGE.—The 
Secretary may, at the request of a component or 
subcomponent manufacturer, certify the percentage 
of domestic content and place of manufacturing for 
a component or subcomponent. 
‘‘(3) FREEDOM OF INFORMATION ACT.—In car-
rying out this subsection, the Secretary shall consist-
ently apply the provisions of section 552 of title 5, 
including subsection (b)(4) of such section. 
‘‘(4) NONCOMPLIANCE.—The Secretary shall 
prohibit recipients from procuring rolling stock, com-
ponents, or subcomponents from a supplier that in-
tentionally provides false information to comply with 
this subsection. 
‘‘(n) SCOPE.—The requirements of this section apply 
to all contracts for a public transportation project carried 
out within the scope of the applicable finding, determina-
tion, or decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 
funding source of such contracts, if at least one contract 
for the public transportation project is funded with 
amounts made available to carry out this chapter.
623 
‘‘(o) BUY AMERICA CONFORMITY.—The Secretary 
shall ensure that all Federal funds for new commuter rail 
projects shall comply with this section and shall not be 
subject to section 22905(a). 
‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, 
AND ABUSE.— 
‘‘(1) IN GENERAL.—The Inspector General of 
the Department of Transportation shall conduct an 
annual audit on certifications under subsection (m) 
regarding compliance with Buy America. 
‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.— 
The Secretary shall display a ‘Report Fraud, Waste, 
and Abuse’ button and link to Department of Trans-
portation’s Office of Inspector General Hotline on 
the Federal Transit Administration’s Buy America 
landing page. 
‘‘(3) CONTRACT REQUIREMENT.—The Secretary 
shall require all recipients who enter into contracts 
to purchase rolling stock with funds provided under 
this chapter to include in such contract information 
on how to contact the Department of Transpor-
tation’s Office of Inspector General Hotline to report 
suspicions of fraud, waste, and abuse. 
‘‘(q) PASSENGER MOTOR VEHICLES.—
624 
‘‘(1) IN GENERAL.—Any domestically manufac-
tured passenger motor vehicle shall be considered to 
be produced in the United States under this section. 
‘‘(2) 
DOMESTICALLY
MANUFACTURED
PAS-
SENGER MOTOR VEHICLE.—In this subsection, the 
term ‘domestically manufactured passenger motor 
vehicle’ means any passenger motor vehicle, as such 
term is defined in section 32304(a) that— 
‘‘(A) has under section 32304(b)(1)(B) its 
final assembly place in the United States; and 
‘‘(B) the percentage (by value) of pas-
senger 
motor 
equipment 
under 
section 
32304(b)(1)(A) equals or exceeds 60 percent 
value added. 
‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO-
NENTS.—No component or subcomponent of rolling stock 
shall be treated as produced in the United States for pur-
poses of subsection (b)(3) or determined to be of domestic 
origin under section 661.11 of title 49, Code of Federal 
Regulations, if the material inputs of such component or 
subcomponent were imported into the United States and 
the operations performed in the United States on the im-
ported articles would not result in a change in the article’s 
classification to chapter 86 or 87 of the Harmonized Tar-
iff Schedule of the United States from another chapter
625 
or a new heading of any chapter from the heading under 
which the article was classified upon entry. 
‘‘(s) TREATMENT OF STEEL AND IRON COMPONENTS 
AS
PRODUCED
IN
THE
UNITED
STATES.—Notwith-
standing any other provision of any law or any rule, regu-
lation, or policy of the Federal Transit Administration, 
steel and iron components of a system, as defined in sec-
tion 661.3 of title 49, Code of Federal Regulations, and 
of manufactured end products referred to in Appendix A 
of such section, may not be considered to be produced in 
the United States unless such components meet the re-
quirements of section 661.5(b) of title 49, Code of Federal 
Regulations. 
‘‘(t) REQUIREMENT FOR TRANSIT AGENCIES.—Not-
withstanding the provisions of this section, if a transit 
agency accepts Federal funds, such agency shall adhere 
to the Buy America provisions set forth in this section 
when procuring rolling stock.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 53 of title 49, United States Code, is 
amended by inserting before the item relating to sec-
tion 5321 the following: 
‘‘5320. Buy America.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) TECHNICAL ASSISTANCE AND WORK-
FORCE DEVELOPMENT.—Section 5314(a)(2)(G)
626 
of title 49, United States Code, is amended by 
striking ‘‘sections 5323(j) and 5323(m)’’ and 
inserting ‘‘section 5320’’. 
(B) 
URBANIZED
AREA
FORMULA 
GRANTS.—Section 5307(c)(1)(E) of title 49, 
United States Code, is amended by inserting ‘‘, 
5320,’’ after ‘‘5323’’. 
(C) INNOVATIVE PROCUREMENT.—Section 
3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 
5325 note) is amended by striking ‘‘5323(j)’’ 
and inserting ‘‘5320’’. 
(b) BUS
ROLLING
STOCK.—Not later than 18 
months after the date of enactment of this Act, the Sec-
retary of Transportation shall issue such regulations as 
are necessary to revise Appendix B and Appendix D of 
section 661.11 of title 49, Code of Federal Regulations, 
with respect to bus rolling stock to maximize job creation 
and align such section with modern manufacturing tech-
niques. 
(c) RAIL ROLLING STOCK.—Not later than 30 
months after the date of enactment of this Act, the Sec-
retary shall issue such regulations as are necessary to re-
vise subsections (t), (u), and (v) of section 661.11 of title 
49, Code of Federal Regulations, with respect to rail roll-
627 
ing stock to maximize job creation and align such section 
with modern manufacturing techniques. 
(d) RULE OF APPLICABILITY.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by 
this section shall apply to any contract entered into 
on or after the date of enactment of this Act. 
(2) DELAYED APPLICABILITY OF CERTAIN PRO-
VISIONS.—Contracts described in paragraph (1) 
shall be subject to the following delayed applicability 
requirements: 
(A) Section 5320(m)(2) shall apply to con-
tracts entered into on or after the date that is 
30 days after the date of enactment of this Act. 
(B) Notwithstanding subparagraph (A), 
section 5320(m) shall apply to contracts for the 
procurement of bus rolling stock beginning on 
the earlier of— 
(i) 180 days after the date on which 
final regulations are issued pursuant to 
subsection (b); or 
(ii) the date that is 1 year after the 
date of enactment of this Act. 
(C) Notwithstanding subparagraph (A), 
section 5320(m) shall apply to contracts for the
628 
procurement of rail rolling stock beginning on 
the earlier of— 
(i) 180 days after the date on which 
final regulations are issued pursuant to 
subsection (c); or 
(ii) the date that is 2 years after the 
date of enactment of this Act. 
(D) Section 5320(p)(1) shall apply on the 
date that is 1 year after the latest of the appli-
cation dates described in subparagraphs (A) 
through (C). 
(3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 
For any contract described in paragraph (1) for 
which the delivery for the first production vehicle oc-
curs before October 1, 2024, paragraphs (1) and (4) 
of section 5320(d) shall not apply. 
(4) SPECIAL RULE FOR BATTERY CELL INCEN-
TIVES.—For any contract described in paragraph 
(1) for which the delivery for the first production ve-
hicle occurs before October 1, 2022, section 
5320(d)(5) shall not apply. 
(e) SPECIAL RULE FOR DOMESTIC CONTENT.—For 
the calculation of the percent of domestic content cal-
culated under section 5320(d)(2) for a contract for rolling 
stock entered into on or after October 1, 2020—
629 
(1) if the delivery of the first production vehicle 
occurs in fiscal year 2022 or fiscal year 2023, for 
components that exceed 70 percent domestic con-
tent, the Secretary shall add 20 additional percent 
to the component’s domestic content; and 
(2) if the delivery of the first production vehicle 
occurs in fiscal year 2024 or fiscal year 2025— 
(A) for components that exceed 70 percent 
but do not exceed 75 percent domestic content, 
the Secretary shall add 15 additional percent to 
the component’s domestic content; or 
(B) for components that exceed 75 percent 
domestic content, the Secretary shall add 20 
additional percent to the component’s domestic 
content. 
SEC. 2302. BUS PROCUREMENT STREAMLINING. 
Section 5323 of title 49, United States Code, as is 
amended by adding at the end the following: 
‘‘(x) BUS PROCUREMENT STREAMLINING.— 
‘‘(1) IN GENERAL.—The Secretary may only ob-
ligate amounts for acquisition of buses under this 
chapter to a recipient that issues a request for pro-
posals for an open market procurement that meets 
the following criteria:
630 
‘‘(A) Such request for proposals is limited 
to performance specifications, except for compo-
nents or subcomponents identified in the nego-
tiated rulemaking carried out pursuant to this 
subsection. 
‘‘(B) Such request for proposals does not 
seek any alternative design or manufacture 
specification of a bus offered by a manufac-
turer, except to require a component or sub-
component identified in the negotiated rule-
making carried out pursuant to this subsection. 
‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED 
RULEMAKING.— 
‘‘(A) INITIATION.—Not later than 120 
days after the date of enactment of the IN-
VEST in America Act, the Secretary shall ini-
tiate procedures under subchapter III of chap-
ter 5 of title 5 to negotiate and issue such regu-
lations as are necessary to establish as limited 
a list as is practicable of bus components and 
subcomponents described in subparagraph (B). 
‘‘(B) LIST OF COMPONENTS.—The regula-
tions required under subparagraph (A) shall es-
tablish a list of bus components and subcompo-
nents that may be specified in a request for
631 
proposals described in paragraph (1) by a re-
cipient. The Secretary shall ensure the list is 
limited in scope and limited to only components 
and subcomponents that cannot be selected with 
performance specifications to ensure interoper-
ability. 
‘‘(C) PUBLICATION OF PROPOSED REGULA-
TIONS.—Proposed regulations to implement this 
section shall be published in the Federal Reg-
ister by the Secretary not later than 18 months 
after such date of enactment. 
‘‘(D) COMMITTEE.—A negotiated rule-
making committee established pursuant to sec-
tion 565 of title 5 to carry out this paragraph 
shall have a maximum of 11 members limited 
to representatives of the Department of Trans-
portation, urban and rural recipients (including 
State government recipients), and transit vehi-
cle manufacturers. 
‘‘(E) 
EXTENSION
OF
DEADLINES.—A 
deadline set forth in subparagraph (C) may be 
extended up to 180 days if the negotiated rule-
making committee referred to in subparagraph 
(D) concludes that the committee cannot meet 
the deadline and the Secretary so notifies the
632 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
‘‘(3) SAVINGS CLAUSE.—Nothing in this section 
shall be construed to provide additional authority for 
the Secretary to restrict what a bus manufacturer 
offers to sell to a public transportation agency.’’. 
SEC. 2303. BUS TESTING FACILITY. 
Section 5318 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(f) TESTING SCHEDULE.—The Secretary shall— 
‘‘(1) determine eligibility of a bus manufactur-
er’s request for testing within 10 business days; 
‘‘(2) make publicly available the current backlog 
(in months) to begin testing a new bus at the bus 
testing facility; and 
‘‘(3) designate The Ohio State University as the 
autonomous and advanced driver-assistance systems 
test development facility for all bus testing with au-
tonomous or advanced driver-assistance systems 
technology and The Ohio State University will also 
serve as the over-flow new model bus testing facility 
to Altoona.’’.
633 
SEC. 2304. REPAYMENT REQUIREMENT. 
(a) IN GENERAL.—A transit agency shall repay into 
the general fund of the Treasury all funds received from 
the Federal Transit Administration under the heading 
‘‘Federal Transit Administration, Transit Infrastructure 
Grants’’ under the CARES Act (Public Law 116–136) if 
any portion of the funding was used to award a contract 
or subcontract to an entity for the procurement of rolling 
stock for use in public transportation if the manufacturer 
of the rolling stock— 
(1) is incorporated in or has manufacturing fa-
cilities in the United States; and 
(2) is owned or controlled by, is a subsidiary of, 
or is otherwise related legally or financially to a cor-
poration based in a country that— 
(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this subsection; 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) as a priority foreign 
country under subsection (a)(2) of that section; 
and
634 
(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416). 
(b) CERTIFICATION.—Not later than 60 days after 
the date of enactment of this section, a transit agency that 
received funds pursuant to the CARES Act (Public Law 
116–136) shall certify that the agency has not and shall 
not use such funds to purchase rolling stock described in 
subsection (a). Repayment shall also be required for any 
such agency that fails to certify in accordance with the 
preceding sentence. 
SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING 
A MAJOR DISASTER. 
(a) IN GENERAL.—Section 5323 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS-
ASTER.— 
‘‘(1) DEFINED TERM.—In this subsection, the 
term ‘decennial census date’ has the meaning given 
the term in section 141(a) of title 13. 
‘‘(2) URBANIZED AREA MAJOR DISASTER POPU-
LATION
CRITERIA.—Notwithstanding section 5302, 
for purposes of this chapter, the Secretary shall
635 
treat an area as an urbanized area for the period de-
scribed in paragraph (3) if— 
‘‘(A) a major disaster was declared by the 
President under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170) for the area during 
the 3-year period preceding the decennial cen-
sus date for the 2010 decennial census or for 
any subsequent decennial census; 
‘‘(B) the area was defined and designated 
as an ‘urbanized area’ by the Secretary of Com-
merce in the decennial census immediately pre-
ceding the major disaster described in subpara-
graph (A); and 
‘‘(C) the population of the area fell below 
50,000 as a result of the major disaster de-
scribed in subparagraph (A). 
‘‘(3) COVERED
PERIOD.—The Secretary shall 
treat an area as an urbanized area under paragraph 
(2) during the period— 
‘‘(A) beginning on— 
‘‘(i) in the case of a major disaster de-
scribed in paragraph (2)(A) that occurred 
during the 3-year period preceding the de-
cennial census date for the 2010 decennial
636 
census, October 1 of the first fiscal year 
that begins after the date of enactment of 
this subsection; or 
‘‘(ii) in the case of any other major 
disaster described in paragraph (2)(A), Oc-
tober 1 of the first fiscal year— 
‘‘(I) that begins after the decen-
nial census date for the first decennial 
census conducted after the major dis-
aster; and 
‘‘(II) for which the Secretary has 
sufficient data from that census to de-
termine that the area qualifies for 
treatment as an urbanized area under 
paragraph (2); and 
‘‘(B) ending on the day before the first fis-
cal year— 
‘‘(i) that begins after the decennial 
census date for the second decennial cen-
sus conducted after the major disaster de-
scribed in paragraph (2)(A); and 
‘‘(ii) for which the Secretary has suffi-
cient data from that census to determine 
which areas are urbanized areas for pur-
poses of this chapter.
637 
‘‘(4) POPULATION
CALCULATION.—An area 
treated as an urbanized area under this subsection 
shall be assigned the population and square miles of 
the urbanized area designated by the Secretary of 
Commerce in the most recent decennial census con-
ducted before the major disaster described in para-
graph (2)(A). 
‘‘(5) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to affect apportionments 
made under this chapter before the date of enact-
ment of this subsection.’’. 
(b) AMENDMENT TAKES EFFECT ON ENACTMENT.— 
Notwithstanding section 1001, the amendment made by 
subsection (a) shall take effect on the date of enactment 
of this Act. 
SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK 
PROCUREMENTS. 
(a) CERTIFICATION.—Section 5323(u)(4) of title 49, 
United States Code, is amended— 
(1) in the heading of subparagraph (A) by 
striking ‘‘RAIL’’; and 
(2) by adding at the end the following: 
‘‘(C) NONRAIL ROLLING STOCK.—Notwith-
standing subparagraph (B) of paragraph (5), as 
a condition of financial assistance made avail-
638 
able in a fiscal year under section 5339, a re-
cipient shall certify in that fiscal year that the 
recipient will not award any contract or sub-
contract for the procurement of rolling stock for 
use in public transportation with a rolling stock 
manufacturer described in paragraph (1).’’. 
(b) SPECIAL RULE.—Section 5323(u)(5)(A) of title 
49, United States Code, (as redesignated by this Act) is 
amended by striking ‘‘made by a public transportation 
agency with a rail rolling stock manufacturer described in 
paragraph (1)’’ and inserting ‘‘as of December 20, 2019, 
including options and other requirements tied to these 
contracts or subcontracts, made by a public transportation 
agency with a restricted rail rolling stock manufacturer’’. 
SEC. 2307. CERTIFICATION REQUIREMENTS. 
(a) LIMITATION OF TREATMENT OF DOMESTIC OR 
U.S. ORIGIN.—Notwithstanding any other provision of 
any law or any rule, regulation, or policy of the Adminis-
tration, including part 661 of title 49, Code of Federal 
Regulations, no article, material, or supply, shall be treat-
ed as a component of ‘‘U.S. origin’’ for purposes of section 
661.5 of title 49, Code of Federal Regulations, or a com-
ponent or subcomponent of domestic origin for purposes 
of section 661.11 of title 49, Code of Federal Regulations, 
if—
639 
(1) it contains any material inputs manufac-
tured or supplied by entities that— 
(A) are subject to relief authorized under 
the fair trade laws of the United States, includ-
ing subtitle B of title VII of the Tariff Act of 
1930 (19 U.S.C. 1673 et seq.) and subtitle A 
of title VII of the Tariff Act of 1930 (19 
U.S.C. 1671 et seq.); 
(B) are owned or controlled by entities 
subject to United States sanctions; or 
(C) are entities owned by a foreign govern-
ment, closely linked to or in partnership with a 
foreign government or whose directors or orga-
nizational and board leadership include any per-
son serving in any capacity in the defense appa-
ratus of another nation; 
(2) it contains or uses covered telecommuni-
cations equipment or services as that term is defined 
by section 889 of the John S. McCain National De-
fense Authorization Act for Fiscal Year 2019 (Pub-
lic Law 115–232); or 
(3) it is of a class or category of products and 
was produced by a manufacturer or an affiliate of 
such a manufacturer found to have violated United 
States intellectual property laws, including trade se-
640 
cret theft under section 1832(a)(5) of title 18, 
United States Code, found to have committed eco-
nomic espionage under section 183J(a)(5) of such 
title, or deemed to have infringed the intellectual 
property rights of any person in the United States. 
(b) CERTIFICATION.—If buses or other rolling stock 
are being procured, the Administrator of the Federal 
Transit Administration shall require as a condition of re-
sponsiveness that each bidder certify that no component, 
subcomponent, article, material, or supply described in 
subparagraphs (A) through (C) of subsection (a)(1) of this 
section is incorporated in or used by the rolling stock that 
is offered by the bidder. 
SEC. 2308. SPARE RATIO WAIVER. 
Section 5323 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(z) SPARE RATIO WAIVER.—The Federal Transit 
Administration shall waive spare ratio policies for rolling 
stock found in FTA Grant Management Requirements 
Circular 5010.1, FTA Circular 9030.1 providing Urban-
ized Area Formula Program guidance, and other guidance 
documents for 2 years from the date of enactment of this 
Act.’’.
641 
Subtitle D—Bus Grant Reforms 
SEC. 2401. FORMULA GRANTS FOR BUSES. 
Section 5339(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and subsection (d)’’ after 
‘‘In this subsection’’; 
(B) in subparagraph (A) by striking ‘‘term 
‘low or no emission vehicle’ has’’ and inserting 
‘‘term ‘zero emission vehicle’ has’’; 
(C) in subparagraph (B) by inserting ‘‘and 
the District of Columbia’’ after ‘‘United 
States’’; and 
(D) in subparagraph (C) by striking ‘‘the 
District of Columbia,’’; 
(2) in paragraph (2)(A) by striking ‘‘low or no 
emission vehicles’’ and inserting ‘‘zero emission vehi-
cles’’; 
(3) in paragraph (4)— 
(A) in subparagraph (A) by inserting ‘‘and 
subsection (d)’’ after ‘‘this subsection’’; and 
(B) in subparagraph (B) by inserting ‘‘and 
subsection (d)’’ after ‘‘this subsection’’; 
(4) in paragraph (5)(A)—
642 
(A) by striking ‘‘$90,500,000’’ and insert-
ing ‘‘$156,750,000’’; 
(B) by striking ‘‘2016 through 2020’’ and 
inserting ‘‘2022 through 2025’’; 
(C) by striking ‘‘$1,750,000’’ and inserting 
‘‘$3,000,000’’; and 
(D) by striking ‘‘$500,000’’ and inserting 
‘‘$750,000’’; 
(5) in paragraph (7) by adding at the end the 
following: 
‘‘(C) SPECIAL RULE FOR BUSES AND RE-
LATED EQUIPMENT FOR ZERO EMISSION VEHI-
CLES.—Notwithstanding subparagraph (A), a 
grant for a capital project for buses and related 
equipment for zero emission vehicles and hybrid 
electric buses, that make meaningful reductions 
in energy consumption and harmful emissions, 
including direct carbon emissions, under this 
subsection shall be for 90 percent of the net 
capital costs of the project. A recipient of a 
grant under this subsection may provide addi-
tional local matching amounts.’’; 
(6) in paragraph (8) by striking ‘‘3 fiscal 
years’’ and inserting ‘‘4 fiscal years’’ and by striking
643 
‘‘3-fiscal-year period’’ and inserting ‘‘4-fiscal-year 
period’’; and 
(7) by striking paragraph (9). 
SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM-
PETITIVE GRANTS. 
Section 5339(b) of title 49, United States Code, is 
amended— 
(1) in the heading by striking ‘‘BUSES
AND 
BUS FACILITIES COMPETITIVE GRANTS’’ and insert-
ing ‘‘BUS FACILITIES AND FLEET EXPANSION COM-
PETITIVE GRANTS’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘buses and’’; 
(B) by inserting ‘‘and certain buses’’ after 
‘‘capital projects’’; 
(C) in subparagraph (A) by striking 
‘‘buses or related equipment’’ and inserting 
‘‘bus-related facilities’’; and 
(D) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) purchasing or leasing buses that will 
not replace buses in the applicant’s fleet at the 
time of application and will be used to— 
‘‘(i) increase the frequency of bus 
service; or
644 
‘‘(ii) increase the service area of the 
applicant.’’; 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) GRANT
CONSIDERATIONS.—In making 
grants— 
‘‘(A) under subparagraph (1)(A), the Sec-
retary shall only consider— 
‘‘(i) the age and condition of bus-re-
lated facilities of the applicant compared to 
all applicants and proposed improvements 
to the resilience (as such term is defined in 
section 5302) of such facilities; 
‘‘(ii) for a facility within or partially 
within the 100-year floodplain, whether 
such facility will be at least 2 feet above 
the base flood elevation; and 
‘‘(iii) for a bus station, the degree of 
multi-modal connections at such station; 
and 
‘‘(B) under paragraph (1)(B), the Sec-
retary shall consider the improvements to head-
way and projected new ridership.’’; and 
(4) in paragraph (6) by striking subparagraph 
(B) and inserting the following:
645 
‘‘(B) GOVERNMENT SHARE OF COSTS.— 
‘‘(i) IN GENERAL.—The Government 
share of the cost of an eligible project car-
ried out under this subsection shall not ex-
ceed 80 percent. 
‘‘(ii) SPECIAL RULE FOR BUSES AND 
RELATED EQUIPMENT FOR ZERO EMISSION 
VEHICLES.—Notwithstanding clause (i), 
the Government share of the cost of an eli-
gible project for the financing of buses and 
related equipment for zero emission vehi-
cles and hybrid electric buses, that make 
meaningful reductions in energy consump-
tion and harmful emissions, including di-
rect carbon emissions, shall not exceed 90 
percent.’’. 
SEC. 2403. ZERO EMISSION BUS GRANTS. 
(a) IN GENERAL.—Section 5339(c) of title 49, 
United States Code, is amended— 
(1) in the heading by striking ‘‘LOW OR NO 
EMISSION GRANTS’’ and inserting ‘‘ZERO EMISSION 
GRANTS’’; 
(2) in paragraph (1)— 
(A) in subparagraph (B)—
646 
(i) in clause (i) by striking ‘‘low or no 
emission’’ and inserting ‘‘zero emission’’; 
(ii) in clause (ii) by striking ‘‘low or 
no emission’’ and inserting ‘‘zero emis-
sion’’; 
(iii) in clause (iii) by striking ‘‘low or 
no emission’’ and inserting ‘‘zero emis-
sion’’; 
(iv) in clause (iv) by striking ‘‘facili-
ties and related equipment for low or no 
emission’’ and inserting ‘‘related equip-
ment for zero emission’’; 
(v) in clause (v) by striking ‘‘facilities 
and related equipment for low or no emis-
sion vehicles;’’ and inserting ‘‘related 
equipment for zero emission vehicles; or’’; 
(vi) in clause (vii) by striking ‘‘low or 
no emission’’ and inserting ‘‘zero emis-
sion’’; 
(vii) by striking clause (vi); and 
(viii) by redesignating clause (vii) as 
clause (vi); 
(B) by striking subparagraph (D) and in-
serting the following:
647 
‘‘(D) the term ‘zero emission bus’ means a 
bus that is a zero emission vehicle;’’; 
(C) by striking subparagraph (E) and in-
serting the following: 
‘‘(E) the term ‘zero emission vehicle’ 
means a vehicle used to provide public transpor-
tation that produces no carbon dioxide or par-
ticulate matter;’’; 
(D) in subparagraph (F) by striking ‘‘and’’ 
at the end; 
(E) by striking subparagraph (G) and in-
serting the following: 
‘‘(G) the term ‘eligible area’ means an area 
that is— 
‘‘(i) designated as a nonattainment 
area for ozone or particulate matter under 
section 107(d) of the Clean Air Act (42 
U.S.C. 7407(d)); 
‘‘(ii) a maintenance area, as such 
term is defined in section 5303, for ozone 
or particulate matter; or 
‘‘(iii) in a State that has enacted a 
statewide zero emission bus transition re-
quirement, as determined by the Secretary; 
and’’; and
648 
(F) by adding at the end the following: 
‘‘(H) the term ‘low-income community’ 
means any population census tract if— 
‘‘(i) the poverty rate for such tract is 
at least 20 percent; or 
‘‘(ii) in the case of a tract— 
‘‘(I) not located within a metro-
politan area, the median family in-
come for such tract does not exceed 
80 percent of statewide median family 
income; or 
‘‘(II) located within a metropoli-
tan area, the median family income 
for such tract does not exceed 80 per-
cent of the greater statewide median 
family income or the metropolitan 
area median family income.’’; and 
(3) by striking paragraph (5) and inserting the 
following: 
‘‘(5) GRANT ELIGIBILITY.—In awarding grants 
under this subsection, the Secretary shall make 
grants to eligible projects relating to the acquisition 
or leasing of zero emission buses or bus facility im-
provements— 
‘‘(A) that procure—
649 
‘‘(i) at least 10 zero emission buses; 
‘‘(ii) if the recipient operates less than 
50 buses in peak service, at least 5 zero 
emission buses; or 
‘‘(iii) hydrogen buses; 
‘‘(B) for which the recipient’s board of di-
rectors has approved a long-term integrated 
fleet management plan that— 
‘‘(i) establishes a goal by a set date to 
convert the entire bus fleet to zero emis-
sion buses; or 
‘‘(ii) establishes a goal that within 10 
years from the date of approval of such 
plan the recipient will convert a set per-
centage of the total bus fleet of such re-
cipient to zero emission buses; and 
‘‘(C) for which the recipient has performed 
a fleet transition study that includes optimal 
route planning and an analysis of how utility 
rates may impact the recipient’s operations and 
maintenance budget. 
‘‘(7) 
LOW
AND
MODERATE
COMMUNITY 
GRANTS.—Not less than 10 percent of the amounts 
made available under this subsection in a fiscal year
650 
shall be distributed to projects serving predomi-
nantly low-income communities.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING.— 
Section 5303(b) of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(9) MAINTENANCE AREA.—The term ‘mainte-
nance area’ has the meaning given the term in sec-
tions 171(2) and 175A of the Clean Air Act (42 
U.S.C. 7501(2); 7505a).’’. 
SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR-
MULA SUBGRANT. 
Section 5339 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(d) RESTORATION
TO STATE
OF GOOD REPAIR 
FORMULA SUBGRANT.— 
‘‘(1) GENERAL
AUTHORITY.—The Secretary 
may make grants under this subsection to assist eli-
gible recipients and subrecipients described in para-
graph (2) in financing capital projects to replace, re-
habilitate, and purchase buses and related equip-
ment. 
‘‘(2) ELIGIBLE
RECIPIENTS
AND
SUBRECIPI-
ENTS.—Not later than September 1 annually, the 
Secretary shall make public a list of eligible recipi-
ents and subrecipients based on the most recent
651 
data available in the National Transit Database to 
calculate the 20 percent of eligible recipients and 
subrecipients with the highest percentage of asset 
vehicle miles for buses beyond the useful life bench-
mark established by the Federal Transit Administra-
tion. 
‘‘(3) URBAN
APPORTIONMENTS.—Funds allo-
cated under section 5338(a)(2)(L)(ii) shall be— 
‘‘(A) distributed to— 
‘‘(i) designated recipients in an urban-
ized area with a population of more than 
200,000 made eligible by paragraph (1); 
and 
‘‘(ii) States based on subrecipients 
made eligible by paragraph (1) in an ur-
banized area under 200,000; and 
‘‘(B) allocated pursuant to the formula set 
forth in section 5336 other than subsection (b), 
using the data from the 20 percent of eligible 
recipients and subrecipients. 
‘‘(4) 
RURAL
ALLOCATION.—The 
Secretary 
shall— 
‘‘(A) calculate the percentage of funds 
under section 5338(a)(2)(L)(ii) to allocate to 
rural subrecipients by dividing—
652 
‘‘(i) the asset vehicle miles for buses 
beyond the useful life benchmark (estab-
lished by the Federal Transit Administra-
tion) of the rural subrecipients described in 
paragraph (2); by 
‘‘(ii) the total asset vehicle miles for 
buses beyond such benchmark of all eligi-
ble recipients and subrecipients described 
in paragraph (2); and 
‘‘(B) prior to the allocation described in 
paragraph (3)(B), apportion to each State the 
amount of the total rural allocation calculated 
under subparagraph (A) attributable to such 
State based the proportion that— 
‘‘(i) the asset vehicle miles for buses 
beyond the useful life benchmark (estab-
lished by the Federal Transit Administra-
tion) for rural subrecipients described in 
paragraph (2) in such State; bears to 
‘‘(ii) the total asset vehicle miles de-
scribed in subparagraph (A)(i). 
‘‘(5) APPLICATION
OF
OTHER
PROVISIONS.— 
Paragraphs (3), (7), and (8) of subsection (a) shall 
apply to eligible recipients and subrecipients de-
653 
scribed in paragraph (2) of a grant under this sub-
section. 
‘‘(6) PROHIBITION.—No eligible recipient or 
subrecipient outside the top 5 percent of asset vehi-
cle miles for buses beyond the useful life benchmark 
established by the Federal Transit Administration 
may receive a grant in both fiscal year 2022 and fis-
cal year 2023. 
‘‘(7) REQUIREMENT.—The Secretary shall re-
quire— 
‘‘(A) States to expend, to the benefit of the 
subrecipients eligible under paragraph (2), the 
apportioned funds attributed to such subrecipi-
ents; and 
‘‘(B) designated recipients to provide the 
allocated funds to the recipients eligible under 
paragraph (2) the apportioned funds attributed 
to such recipients.’’. 
Subtitle E—Supporting All Riders 
SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS. 
Section 5336(j) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘75 percent’’ 
and inserting ‘‘50 percent’’;
654 
(2) in paragraph (2) by striking ‘‘25 percent’’ 
and inserting ‘‘12.5 percent’’; and 
(3) by adding at the end the following: 
‘‘(3) 30 percent of the funds shall be appor-
tioned among designated recipients for urbanized 
areas with a population of 200,000 or more in the 
ratio that— 
‘‘(A) the number of individuals in each 
such urbanized area residing in an urban cen-
sus tract with a poverty rate of at least 20 per-
cent during the 5 years most recently ending; 
bears to 
‘‘(B) the number of individuals in all such 
urbanized areas residing in an urban census 
tract with a poverty rate of at least 20 percent 
during the 5 years most recently ending; and 
‘‘(4) 7.5 percent of the funds shall be appor-
tioned among designated recipients for urbanized 
areas with a population less than 200,000 in the 
ratio that— 
‘‘(A) the number of individuals in each 
such urbanized area residing in an urban cen-
sus tract with a poverty rate of at least 20 per-
cent during the 5 years most recently ending; 
bears to
655 
‘‘(B) the number of individuals in all such 
areas residing in an urban census tract with a 
poverty rate of at least 20 percent during the 
5 years most recently ending.’’. 
SEC. 2502. RURAL PERSISTENT POVERTY FORMULA. 
Section 5311 of title 49, United States Code, as 
amended in section 2204, is further amended— 
(1) in subsection (a) by adding at the end the 
following: 
‘‘(3) PERSISTENT
POVERTY
COUNTY.—The 
term ‘persistent poverty county’ means any county 
with a poverty rate of at least 20 percent— 
‘‘(A) as determined in each of the 1990 
and 2000 decennial censuses; 
‘‘(B) in the Small Area Income and Pov-
erty Estimates of the Bureau of the Census for 
the most recent year for which the estimates 
are available; and 
‘‘(C) has at least 25 percent of its popu-
lation in rural areas.’’; 
(2) in subsection (b)(2)(C)(i) by inserting ‘‘and 
persistent poverty counties’’ before the semicolon; 
and 
(3) in subsection (c) by striking paragraph (2) 
and inserting the following:
656 
‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR-
TATION ASSISTANCE PROGRAM.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
carry out a public transportation assistance 
program for areas of persistent poverty. 
‘‘(B) 
APPORTIONMENT.—Of 
amounts 
made available or appropriated for each fiscal 
year under section 5338(a)(2)(E)(ii) to carry 
out this paragraph, the Secretary shall appor-
tion funds to recipients for service in, or di-
rectly benefitting, persistent poverty counties 
for any eligible purpose under this section in 
the ratio that— 
‘‘(i) the number of individuals in each 
such rural area residing in a persistent 
poverty county; bears to 
‘‘(ii) the number of individuals in all 
such rural areas residing in a persistent 
poverty county.’’. 
SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE-
DUCED FARE TRANSIT. 
Section 5312 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(j) DEMONSTRATION GRANTS TO SUPPORT RE-
DUCED FARE TRANSIT.—
657 
‘‘(1) IN GENERAL.—Not later than 300 days 
after the date of enactment of the INVEST in 
America Act, the Secretary shall award grants 
(which shall be known as ‘Access to Jobs Grants’) 
to eligible entities, on a competitive basis, to imple-
ment reduced fare transit service. 
‘‘(2) NOTICE.—Not later than 180 days after 
the date of enactment of the INVEST in America 
Act, the Secretary shall provide notice to eligible en-
tities of the availability of grants under paragraph 
(1). 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible recipient 
shall submit to the Secretary an application con-
taining such information as the Secretary may re-
quire, including, at a minimum, the following: 
‘‘(A) A description of how the eligible enti-
ty plans to implement reduced fare transit ac-
cess with respect to low-income individuals, in-
cluding any eligibility requirements for such 
transit access. 
‘‘(B) A description of how the eligible enti-
ty will consult with local community stake-
holders, labor unions, local education agencies 
and institutions of higher education, public
660 
‘‘(I) any program of medical as-
sistance under a State plan or under 
a waiver of the plan under title XIX 
of the Social Security Act (42 U.S.C. 
1396 et seq.); 
‘‘(II) supplemental nutrition as-
sistance program (SNAP) under the 
Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.); 
‘‘(III) the program of block 
grants for States for temporary assist-
ance for needy families (TANF) es-
tablished under part A of title IV of 
the Social Security Act (42 U.S.C. 
601 et seq.); 
‘‘(IV) the free and reduced price 
school 
lunch 
program 
established 
under the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et 
seq.); 
‘‘(V) a housing voucher through 
section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 
1437f(o));
661 
‘‘(VI) benefits under the Low-In-
come Home Energy Assistance Act of 
1981; 
‘‘(VII) special supplemental food 
program for women, infants and chil-
dren (WIC) under section 17 of the 
Child Nutrition Act of 1966 (42 
U.S.C. 1786); or 
‘‘(VIII) a Federal Pell Grant 
under section 401 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 
1070a); or 
‘‘(ii) whose family income is at or 
below a set percent (as determined by the 
eligible recipient) of the poverty line (as 
that term is defined in section 673(2) of 
the Community Service Block Grant Act 
(42 U.S.C. 9902(2)), including any revi-
sion required by that section) for a family 
of the size involved. 
‘‘(9) REPORT.—The Secretary shall designate a 
university transportation center under section 5505 
to collaborate with the eligible entities receiving a 
grant under this subsection to collect necessary data 
to evaluate the effectiveness of meeting the targets
662 
described in the application of such recipient, includ-
ing increased ridership and progress towards signifi-
cantly closing transit equity gaps.’’. 
Subtitle F—Supporting Frontline 
Workers and Passenger Safety 
SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE 
TRAINING CENTER. 
Section 5314(b) of title 49, United States Code, is 
amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) NATIONAL
TRANSIT
FRONTLINE
WORK-
FORCE TRAINING CENTER.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a national transit frontline work-
force training center (hereinafter referred to as 
the ‘Center’) and award grants to a nonprofit 
organization with a demonstrated capacity to 
develop and provide transit career pathway pro-
grams through labor-management partnerships 
and registered apprenticeships on a nationwide 
basis, in order to carry out the duties under 
subparagraph (B). The Center shall be dedi-
cated to the needs of the frontline transit work-
force in both rural and urban transit systems
663 
by providing standards-based training in the 
maintenance and operations occupations. 
‘‘(B) DUTIES.— 
‘‘(i) IN
GENERAL.—In cooperation 
with the Administrator of the Federal 
Transit Administration, public transpor-
tation authorities, and national entities, 
the Center shall develop and conduct train-
ing and educational programs for frontline 
local transportation employees of recipients 
eligible for funds under this chapter. 
‘‘(ii) TRAINING
AND
EDUCATIONAL 
PROGRAMS.—The training and educational 
programs developed under clause (i) may 
include courses in recent developments, 
techniques, and procedures related to— 
‘‘(I) developing consensus na-
tional training standards, skills, com-
petencies, and recognized postsec-
ondary credentials in partnership with 
industry stakeholders for key frontline 
transit occupations with demonstrated 
skill gaps; 
‘‘(II) 
developing 
recommenda-
tions and best practices for cur-
664 
riculum and recognized postsecondary 
credentials, including related instruc-
tion and on-the-job learning for reg-
istered apprenticeship programs for 
transit maintenance and operations 
occupations; 
‘‘(III) building local, regional, 
and statewide transit training part-
nerships to identify and address work-
force skill gaps and develop skills, 
competencies, and recognized postsec-
ondary credentials needed for deliv-
ering quality transit service and sup-
porting employee career advancement; 
‘‘(IV) developing programs for 
training of transit frontline workers, 
instructors, mentors, and labor-man-
agement partnership representatives, 
in the form of classroom, hands-on, 
on-the-job, and web-based training, 
delivered at a national center, region-
ally, or at individual transit agencies; 
‘‘(V) developing training pro-
grams for skills and competencies re-
lated to existing and emerging transit
665 
technologies, including zero emission 
buses; 
‘‘(VI) developing improved capac-
ity for safety, security, and emergency 
preparedness in local transit systems 
and in the industry as a whole 
through— 
‘‘(aa) developing the role of 
the transit frontline workforce in 
building and sustaining safety 
culture and safety systems in the 
industry and in individual public 
transportation systems; and 
‘‘(bb) training to address 
transit frontline worker roles in 
promoting health and safety for 
transit workers and the riding 
public; 
‘‘(VII) developing local transit 
capacity for career pathways pro-
grams with schools and other commu-
nity organizations for recruiting and 
training 
under-represented 
popu-
lations as successful transit employees
666 
who can develop careers in the transit 
industry; 
‘‘(VIII) in collaboration with the 
Administrator of the Federal Transit 
Administration, the Bureau of Labor 
Statistics, 
the 
Employment 
and 
Training Adminstration, and organi-
zations representing public transit 
agencies, conducting and dissemi-
nating research to— 
‘‘(aa) provide transit work-
force job projections and identify 
training needs and gaps; 
‘‘(bb) determine the most 
cost-effective methods for transit 
workforce training and develop-
ment, including return on invest-
ment analysis; 
‘‘(cc) identify the most effec-
tive methods for implementing 
successful safety systems and a 
positive safety culture; and 
‘‘(dd) promote transit work-
force best practices for achieving 
cost-effective, quality, safe, and
667 
reliable 
public 
transportation 
services; and 
‘‘(IX) providing culturally com-
petent training and educational pro-
grams to all who participate, regard-
less of gender, sexual orientation, or 
gender identity, including those with 
limited English proficiency, diverse 
cultural and ethnic backgrounds, and 
disabilities. 
‘‘(C) COORDINATION.—The Secretary shall 
coordinate activities under this section, to the 
maximum extent practicable, with the Employ-
ment and Training Administration, including 
the National Office of Apprenticeship of the 
Department of Labor and the Office of Career, 
Technical, and Adult Education of the Depart-
ment of Education. 
‘‘(D) AVAILABILITY OF AMOUNTS.— 
‘‘(i) IN GENERAL.—Not more than 1 
percent of amounts made available to a re-
cipient under sections 5307, 5311, 5337, 
and 5339 is available for expenditures by 
the recipient, with the approval of the Sec-
retary, to pay not more than 80 percent of
668 
the cost of eligible activities under this 
subsection. 
‘‘(ii) EXISTING PROGRAMS.—A recipi-
ent may use amounts made available under 
clause (i) to carry out existing local edu-
cation and training programs for public 
transportation employees supported by the 
Secretary, the Department of Labor, or 
the Department of Education. 
‘‘(iii) LIMITATION.—Any funds made 
available under this section that are used 
to fund an apprenticeship or apprentice-
ship program shall only be used for, or 
provided to, a registered apprenticeship 
program, including any funds awarded for 
the purposes of grants, contracts, or coop-
erative agreements, or the development, 
implementation, or administration, of an 
apprenticeship or an apprenticeship pro-
gram. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) CAREER
PATHWAY.—The term 
‘career pathway’ has the meaning given 
such term in section 3 of the Workforce
669 
Innovation 
and 
Opportunity 
Act 
(29 
U.S.C. 3102). 
‘‘(ii) RECOGNIZED
POSTSECONDARY 
CREDENTIAL.—The term ‘recognized post-
secondary credential’ has the meaning 
given such term in section 3 of the Work-
force Innovation and Opportunity Act (29 
U.S.C. 3102). 
‘‘(iii) REGISTERED
APPRENTICESHIP 
PROGRAM.—The term ‘registered appren-
ticeship program’ means an apprenticeship 
program registered with the Department of 
Labor or a Federally-recognized State Ap-
prenticeship Agency and that complies with 
the requirements under parts 29 and 30 of 
title 29, Code of Federal Regulations, as in 
effect on January 1, 2019.’’; 
(2) in paragraph (3) by striking ‘‘or (2)’’; and 
(3) by striking paragraph (4). 
SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM. 
Section 5329 of title 49, United States Code, is 
amended— 
(1) in subsection (b)(2)(C)(ii)— 
(A) in subclause (I) by striking ‘‘and’’ at 
the end;
670 
(B) in subclause (II) by striking the semi-
colon and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(III) innovations in driver as-
sistance technologies and driver pro-
tection infrastructure where appro-
priate, and a reduction in visibility 
impairments that contribute to pedes-
trian fatalities;’’; 
(2) in subsection (b)(2)— 
(A) by redesignating subparagraphs (D) 
and (E) as subparagraphs (E) and (F), respec-
tively; and 
(B) by adding at the end the following: 
‘‘(D) in consultation with the Secretary of 
the Department of Health and Human Services, 
precautionary and reactive actions required to 
ensure public and personnel safety and health 
during an emergency as defined in section 
5324.’’. 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by inserting 
‘‘the safety committee established under
671 
paragraph (4), and subsequently,’’ before 
‘‘the board of directors’’; 
(ii) in subparagraph (C) by striking 
‘‘public, personnel, and property’’ and in-
serting ‘‘public and personnel to injuries, 
assaults, fatalities, and, consistent with 
guidelines by the Centers for Disease Con-
trol and Prevention, infectious diseases, 
and strategies to minimize the exposure of 
property’’; 
(iii) by striking subparagraph (G) and 
inserting the following: 
‘‘(G) a comprehensive staff training pro-
gram for the operations and maintenance per-
sonnel and personnel directly responsible for 
safety of the recipient that includes— 
‘‘(i) the completion of a safety train-
ing program; 
‘‘(ii) continuing safety education and 
training; and 
‘‘(iii) de-escalation training; 
‘‘(H) a requirement that the safety com-
mittee only approve a safety plan under sub-
paragraph (A) if such plan stays within such 
recipient’s fiscal budget; and
672 
‘‘(I) a risk reduction program for transit 
operations to improve safety by reducing the 
number and rates of accidents, injuries, and as-
saults on transit workers using data submitted 
to the National Transit Database, including— 
‘‘(i) a reduction of vehicular and pe-
destrian accidents involving buses that in-
cludes measures to reduce visibility impair-
ments for bus operators that contribute to 
accidents, including retrofits to buses in 
revenue service and specifications for fu-
ture procurements that reduce visibility 
impairments; and 
‘‘(ii) transit worker assault mitigation, 
including the deployment of assault mitiga-
tion infrastructure and technology on 
buses, including barriers to restrict the un-
wanted entry of individuals and objects 
into bus operators’ workstations when a re-
cipient’s risk analysis performed by the 
safety committee established in paragraph 
(4) determines that such barriers or other 
measures would reduce assaults on and in-
juries to transit workers; and’’; and 
(B) by adding at the end the following:
673 
‘‘(4) SAFETY COMMITTEE.—For purposes of the 
approval process of an agency safety plan under 
paragraph (1), the safety committee shall be con-
vened by a joint labor-management process and con-
sist of an equal number of— 
‘‘(A) frontline employee representatives, se-
lected by the labor organization representing 
the plurality of the frontline workforce em-
ployed by the recipient or if applicable a con-
tractor to the recipient; and 
‘‘(B) employer or State representatives.’’; 
and 
(4) in subsection (e)(4)(A)(v) by inserting ‘‘, in-
spection,’’ after ‘‘has investigative’’. 
SEC. 2603. INNOVATION WORKFORCE STANDARDS. 
(a) PROHIBITION ON USE OF FUNDS.—No financial 
assistance under chapter 53 of title 49, United States 
Code, may be used for— 
(1) an automated vehicle providing public trans-
portation unless— 
(A) the recipient of such assistance that 
proposes to deploy an automated vehicle pro-
viding public transportation certifies to the Sec-
retary of Transportation that the deployment
674 
does not eliminate or reduce the frequency of 
existing public transportation service; and 
(B) the Secretary receives, approves, and 
publishes the workforce development plan under 
subsection (b) submitted by the eligible entity 
when required by subsection (b)(1); and 
(2) a mobility on demand service unless— 
(A) the recipient of such assistance that 
proposes to deploy a mobility on demand service 
certifies to the Secretary that the service meets 
the criteria under section 5307, 5310, 5311, 
5312, or 5316 of title 49, United States Code; 
and 
(B) the Secretary receives, approves, and 
publishes the workforce development plan under 
subsection (b) submitted by the eligible entity 
when required by subsection (b)(1). 
(b) WORKFORCE DEVELOPMENT PLAN.— 
(1) IN GENERAL.—A recipient of financial as-
sistance under chapter 53 of title 49, United States 
Code, proposing to deploy an automated vehicle pro-
viding public transportation or mobility on demand 
service shall submit to the Secretary, prior to imple-
mentation of such service, a workforce development 
plan if such service, combined with any other auto-
675 
mated vehicle providing public transportation or mo-
bility on demand service offered by such recipient, 
would exceed by more than 0.5 percent of the recipi-
ent’s total transit passenger miles traveled. 
(2) CONTENTS.—The workforce development 
plan under subsection (a) shall include the following: 
(A) A description of services offered by ex-
isting conventional modes of public transpor-
tation in the area served by the recipient that 
could be affected by the proposed automated ve-
hicle providing public transportation or mobility 
on demand service, including jobs and functions 
of such jobs. 
(B) A forecast of the number of jobs pro-
vided by existing conventional modes of public 
transportation that would be eliminated or that 
would be substantially changed and the number 
of jobs expected to be created by the proposed 
automated vehicle providing public transpor-
tation or mobility on demand service over a 5- 
year period from the date of the publication of 
the workforce development plan. 
(C) Identified gaps in skills needed to op-
erate and maintain the proposed automated ve-
676 
hicle providing public transportation or mobility 
on demand service. 
(D) A comprehensive plan to transition, 
train, or retrain employees that could be af-
fected by the proposed automated vehicle pro-
viding public transportation or mobility on de-
mand service. 
(E) An estimated budget to transition, 
train, or retrain employees impacted by the pro-
posed automated vehicle providing public trans-
portation or mobility on demand service over a 
5-year period from the date of the publication 
of the workforce development plan. 
(c) NOTICE REQUIRED.— 
(1) IN GENERAL.—A recipient of financial as-
sistance under chapter 53 of title 49, United States 
Code, shall issue a notice to employees who, due to 
the use of an automated vehicle providing public 
transportation or mobility on demand service, may 
be subjected to a loss of employment or a change in 
responsibilities not later than 60 days before signing 
a contract for such service or procurement. A recipi-
ent shall provide employees copies of a request for 
a proposal related to an automated vehicle providing
677 
public transportation or mobility on demand services 
at the time such request is issued. 
(2) CONTENT.—The notice required in para-
graph (1) shall include the following: 
(A) A description of the automated vehicle 
providing public transportation or mobility on 
demand service. 
(B) The impact of the automated vehicle 
providing public transportation or mobility on 
demand service on employment positions, in-
cluding a description of which employment posi-
tions will be affected and whether any new posi-
tions will be created. 
(d) DEFINITIONS.—In this section: 
(1) AUTOMATED
VEHICLE.—The term ‘‘auto-
mated vehicle’’ means a motor vehicle that— 
(A) is capable of performing the entire 
task of driving (including steering, accelerating 
and decelerating, and reacting to external stim-
ulus) without human intervention; and 
(B) is designed to be operated exclusively 
by a Level 4 or Level 5 automated driving sys-
tem for all trips according to the recommended 
practice standards published on June 15, 2018, 
by the Society of Automotive Engineers Inter-
678 
national (J3016l201806) or equivalent stand-
ards adopted by the Secretary with respect to 
automated motor vehicles. 
(2) MOBILITY ON DEMAND.—The term ‘‘mobil-
ity on demand’’ has the meaning given such term in 
section 5316 of title 49, United States Code. 
(3) 
PUBLIC
TRANSPORTATION.—The 
term 
‘‘public transportation’’ has the meaning given such 
term in section 5302 of title 49, United States Code. 
(e) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the use of funds for an eligible activity or pilot 
project of a covered recipient authorized under current law 
prior to the date of enactment of this Act. 
SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET 
ASIDES. 
Section 5329(d)(2) of title 49, United States Code, 
is amended to read as follows: 
‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS-
URES.— 
‘‘(A) IN GENERAL.—The safety committee 
described in paragraph (4) shall establish per-
formance measures for the risk reduction pro-
gram in paragraph (1)(I) using a 3-year rolling 
average of the data submitted by the recipient 
to the National Transit Database.
679 
‘‘(B) SAFETY SET ASIDE.—With respect to 
a recipient serving an urbanized area that re-
ceives funds under section 5307, such recipient 
shall allocate not less than 0.75 percent of such 
funds to projects eligible under section 5307. 
‘‘(C) FAILURE
TO
MEET
PERFORMANCE 
MEASURES.—Any recipient that receives funds 
under section 5307 that does not meet the per-
formance measures established in subparagraph 
(A) shall allocate the amount made available in 
subparagraph (B) in the following fiscal year to 
projects described in subparagraph (D). 
‘‘(D) ELIGIBLE
PROJECTS.—Funds set 
aside under this paragraph shall be used for 
projects that are reasonably likely to meet the 
performance measures established in subpara-
graph (A), including modifications to rolling 
stock and de-escalation training.’’. 
SEC. 2605. U.S. EMPLOYMENT PLAN. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 5341. U.S. Employment Plan 
‘‘(a) DEFINITIONS.—In this section:
680 
‘‘(1) COMMITMENT TO HIGH-QUALITY CAREER 
AND
BUSINESS
OPPORTUNITIES.—The term ‘com-
mitment to high-quality career and business oppor-
tunities’ means participation in a registered appren-
ticeship program. 
‘‘(2) COVERED INFRASTRUCTURE PROGRAM.— 
The term ‘covered infrastructure program’ means 
any activity under program or project under this 
chapter for the purchase or acquisition of rolling 
stock. 
‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. 
Employment Plan’ means a plan under which an en-
tity receiving Federal assistance for a project under 
a covered infrastructure program shall— 
‘‘(A) include in a request for proposal an 
encouragement for bidders to include, with re-
spect to the project— 
‘‘(i) high-quality wage, benefit, and 
training commitments by the bidder and 
the supply chain of the bidder for the 
project; and 
‘‘(ii) a commitment to recruit and hire 
individuals described in subsection (e) if 
the project results in the hiring of employ-
ees not currently or previously employed by
681 
the bidder and the supply chain of the bid-
der for the project; 
‘‘(B) give preference for the award of the 
contract to a bidder that includes the commit-
ments described in clauses (i) and (ii) of sub-
paragraph (A); and 
‘‘(C) ensure that each bidder that includes 
the commitments described in clauses (i) and 
(ii) of subparagraph (A) that is awarded a con-
tract complies with those commitments. 
‘‘(4) 
REGISTERED
APPRENTICESHIP
PRO-
GRAM.—The term ‘registered apprenticeship pro-
gram’ means an apprenticeship program registered 
with the Department of Labor or a Federally-recog-
nized State Apprenticeship Agency and that com-
plies with the requirements under parts 29 and 30 
of title 29, Code of Federal Regulations, as in effect 
on January 1, 2019. 
‘‘(b) BEST-VALUE FRAMEWORK.—To the maximum 
extent practicable, a recipient of assistance under a cov-
ered infrastructure program is encouraged— 
‘‘(1) to ensure that each dollar invested in in-
frastructure uses a best-value contracting framework 
to maximize the local value of federally funded con-
682 
tracts by evaluating bids on price and other tech-
nical criteria prioritized in the bid, such as— 
‘‘(A) equity; 
‘‘(B) environmental and climate justice; 
‘‘(C) impact on greenhouse gas emissions; 
‘‘(D) resilience; 
‘‘(E) the results of a 40-year life-cycle 
analysis; 
‘‘(F) safety; 
‘‘(G) commitment to creating or sustaining 
high-quality job opportunities affiliated with 
registered apprenticeship programs (as defined 
in subsection (a)(3)) for disadvantaged or 
underrepresented individuals in infrastructure 
industries in the United States; and 
‘‘(H) access to jobs and essential services 
by all modes of travel for all users, including 
disabled individuals; and 
‘‘(2) to ensure community engagement, trans-
parency, and accountability in carrying out each 
stage of the project. 
‘‘(c) PREFERENCE FOR REGISTERED APPRENTICE-
SHIP PROGRAMS.—To the maximum extent practicable, a 
recipient of assistance under a covered infrastructure pro-
gram, with respect to the project for which the assistance
683 
is received, shall give preference to a bidder that dem-
onstrates a commitment to high-quality job opportunities 
affiliated with registered apprenticeship programs. 
‘‘(d) USE OF U.S. EMPLOYMENT PLAN.—Notwith-
standing any other provision of law, in carrying out a 
project under a covered infrastructure program, each enti-
ty that receives Federal assistance shall use a U.S. Em-
ployment Plan for each contract of $10,000,000 or more 
for the purchase of manufactured goods or of services, 
based on an independent cost estimate. 
‘‘(e) PRIORITY.—The head of the relevant Federal 
agency shall ensure that the entity carrying out a project 
under the covered infrastructure program gives priority 
to— 
‘‘(1) individuals with a barrier to employment 
(as defined in section 3 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3102)), including 
ex-offenders and disabled individuals; 
‘‘(2) veterans; and 
‘‘(3) individuals that represent populations that 
are traditionally underrepresented in the infrastruc-
ture workforce, such as women and racial and ethnic 
minorities. 
‘‘(f) REPORT.—Not less frequently than once each 
fiscal year, the heads of the relevant Federal agencies shall
684 
jointly submit to Congress a report describing the imple-
mentation of this section. 
‘‘(g) INTENT OF CONGRESS.— 
‘‘(1) IN GENERAL.—It is the intent of Con-
gress— 
‘‘(A) to encourage recipients of Federal as-
sistance under covered infrastructure programs 
to use a best-value contracting framework de-
scribed in subsection (b) for the purchase of 
goods and services; 
‘‘(B) to encourage recipients of Federal as-
sistance under covered infrastructure programs 
to use preferences for registered apprenticeship 
programs as described in subsection (c) when 
evaluating bids for projects using that assist-
ance; 
‘‘(C) to require that recipients of Federal 
assistance under covered infrastructure pro-
grams use the U.S. Employment Plan in car-
rying out the project for which the assistance 
was provided; and 
‘‘(D) that full and open competition under 
covered infrastructure programs means a proce-
dural competition that prevents corruption, fa-
685 
voritism, and unfair treatment by recipient 
agencies. 
‘‘(2) INCLUSION.—A best-value contracting 
framework described in subsection (b) is a frame-
work that authorizes a recipient of Federal assist-
ance under a covered infrastructure program, in 
awarding contracts, to evaluate a range of factors, 
including price, the quality of products, the quality 
of services, and commitments to the creation of good 
jobs for all people in the United States. 
‘‘(h) AWARD BASIS.—In awarding grants under this 
section, the Secretary shall give priority to eligible entities 
that— 
‘‘(1) ensure that not less than 50 percent of the 
workers hired to participate in the job training pro-
gram are hired through local hiring in accordance 
with subsection (e), including by prioritizing individ-
uals with a barrier to employment (including ex-of-
fenders), disabled individuals (meaning an individual 
with a disability (as defined in section 3 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12102))), veterans, and individuals that represent 
populations that are traditionally underrepresented 
in the infrastructure workforce; or
686 
‘‘(2) ensure the commitments described in 
clauses (i) and (ii) of subsection (a)(2)(A) with re-
spect to carrying out the job training program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 of title 49, United States Code, is amended by add-
ing at the end the following: 
‘‘5341. U.S. Employment Plan.’’. 
SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DE-
VELOPMENT. 
(a) IN GENERAL.—Section 5314(a) of title 49, 
Unites States Code, is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (H) by striking ‘‘and’’ 
at the end; 
(B) by redesignating subparagraph (I) as 
subparagraph (J); and 
(C) by inserting after subparagraph (H) 
the following: 
‘‘(I) provide innovation and capacity-build-
ing to rural and tribal public transportation re-
cipients but that not to duplicate the activities 
of sections 5311(b) or 5312; and’’; and 
(2) by adding at the end the following: 
‘‘(4) AVAILABILITY
OF
AMOUNTS.—Of the 
amounts made available to carry out this section 
under section 5338(c), $1,500,000 shall be available
687 
to carry out activities described in paragraph 
(2)(I).’’. 
(b) 
AVAILABILITY
OF
AMOUNTS.— 
Section 
5314(c)(4)(A) of title 49, United States Code, is amended 
by inserting ‘‘5311,’’ after ‘‘5307,’’. 
Subtitle G—Transit-Supportive 
Communities 
SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5327 
the following: 
‘‘§ 5328. Transit-supportive communities 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish within the Federal Transit Administration, an Office 
of Transit-Supportive Communities to make grants, pro-
vide technical assistance, and assist in the coordination 
of transit and housing policies within the Federal Transit 
Administration, the Department of Transportation, and 
across the Federal Government. 
‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLANNING 
GRANT PROGRAM.— 
‘‘(1) DEFINITION.—In this subsection the term 
‘eligible project’ means—
688 
‘‘(A) a new fixed guideway capital project 
or a core capacity improvement project as de-
fined in section 5309; 
‘‘(B) an existing fixed guideway system, or 
an existing station that is served by a fixed 
guideway system; or 
‘‘(C) the immediate corridor along the 
highest 25 percent of routes by ridership as 
demonstrated in section 5336(b)(2)(B). 
‘‘(2) GENERAL
AUTHORITY.—The Secretary 
may make grants under this subsection to a State, 
local governmental authority, or metropolitan plan-
ning organization to assist in financing comprehen-
sive planning associated with an eligible project that 
seeks to— 
‘‘(A) enhance economic development, rider-
ship, and other goals established during the 
project development and engineering processes 
or the grant application; 
‘‘(B) facilitate multimodal connectivity and 
accessibility; 
‘‘(C) increase access to transit hubs for pe-
destrian and bicycle traffic; 
‘‘(D) enable mixed-use development;
689 
‘‘(E) identify infrastructure needs associ-
ated with the eligible project; and 
‘‘(F) include private sector participation. 
‘‘(3) ELIGIBILITY.—A State, local governmental 
authority, or metropolitan planning organization 
that desires to participate in the program under this 
subsection shall submit to the Secretary an applica-
tion that contains at a minimum— 
‘‘(A) an identification of an eligible project; 
‘‘(B) a schedule and process for the devel-
opment of a comprehensive plan; 
‘‘(C) a description of how the eligible 
project and the proposed comprehensive plan 
advance the metropolitan transportation plan of 
the metropolitan planning organization; 
‘‘(D) proposed performance criteria for the 
development and implementation of the com-
prehensive plan; 
‘‘(E) a description of how the project will 
reduce and mitigate social and economic im-
pacts on existing residents and businesses vul-
nerable to displacement; and 
‘‘(F) identification of— 
‘‘(i) partners;
691 
supportive corridor policies associated with projects 
under section 5309; 
‘‘(4) the development of housing feasibility as-
sessments as allowed under section 5309(g)(3)(B); 
‘‘(5) the development of transit-supportive cor-
ridor policies that promote transit ridership and 
transit-oriented development; 
‘‘(6) the development, implementation, and 
management of land value capture programs; and 
‘‘(7) the development of model contracts, model 
codes, and best practices for the implementation of 
transit-oriented development projects and transit- 
supportive corridor policies. 
‘‘(d) VALUE CAPTURE POLICY REQUIREMENTS.— 
‘‘(1) VALUE CAPTURE POLICY.—Not later than 
October 1 of the fiscal year that begins 2 years after 
the date of enactment of this section, the Secretary, 
in collaboration with State departments of transpor-
tation, metropolitan planning organizations, and re-
gional council of governments, shall establish vol-
untary and consensus-based value capture stand-
ards, policies, and best practices for State and local 
value capture mechanisms that promote greater in-
vestments in public transportation and affordable 
transit-oriented development.
692 
‘‘(2) REPORT.—Not later than 15 months after 
the date of enactment of this section, the Secretary 
shall make available to the public a report cataloging 
examples of State and local laws and policies that 
provide for value capture and value sharing that pro-
mote greater investment in public transportation and 
affordable transit-oriented development. 
‘‘(d) EQUITY.—In providing technical assistance 
under subsection (c), the Secretary shall incorporate strat-
egies to promote equity for underrepresented and under-
served communities, including— 
‘‘(1) preventing displacement of existing resi-
dents and businesses; 
‘‘(2) mitigating rent and housing price in-
creases; 
‘‘(3) incorporating affordable rental and owner-
ship housing in transit-oriented development; 
‘‘(4) engaging under-served, limited English 
proficiency, low income, and minority communities 
in the planning process; 
‘‘(5) fostering economic development opportuni-
ties for existing residents and businesses; and 
‘‘(6) targeting affordable housing that help less-
en homelessness.
693 
‘‘(d) AUTHORITY TO REQUEST STAFFING ASSIST-
ANCE.—In fulfilling the duties of this section, the Sec-
retary shall, as needed, request staffing and technical as-
sistance from other Federal agencies, programs, adminis-
trations, boards, or commissions. 
‘‘(e) REVIEW EXISTING POLICIES AND PROGRAMS.— 
Not later than 24 months after the date of enactment of 
this section, the Secretary shall review and evaluate all 
existing policies and programs within the Federal Transit 
Administration that support or promote transit-oriented 
development to ensure their coordination and effectiveness 
relative to the goals of this section. 
‘‘(f) REPORTING.—Not later than February 1 of each 
year beginning the year after the date of enactment of 
this section, the Secretary shall prepare a report detailing 
the grants and technical assistance provided under this 
section, the number of affordable housing units con-
structed or planned as a result of projects funded in this 
section, and the number of affordable housing units con-
structed or planned as a result of a property transfer 
under section 5334(h)(1). The report shall be provided to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate.
694 
‘‘(g) SAVINGS CLAUSE.—Nothing in this section au-
thorizes the Secretary to provide any financial assistance 
for the construction of housing. 
‘‘(h) PRIORITY FOR LOW-INCOME AREAS.—In award-
ing grants under this section, the Secretary shall give pri-
ority to projects under this section that expand or build 
transit in low-income areas or that provide access to public 
transportation to low-income areas that do not have access 
to public transportation.’’. 
(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 5327 the fol-
lowing: 
‘‘5328. Transit-supportive communities.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 20005 of the MAP–21 (Public Law 112–141) is 
amended— 
(1) by striking ‘‘(a) AMENDMENT.—’’; and 
(2) by striking subsection (b). 
SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE 
HOUSING. 
Section 5334(h)(1) of title 49, United States Code, 
is amended to read as follows: 
‘‘(1) IN GENERAL.—If a recipient of assistance 
under this chapter decides an asset acquired under 
this chapter at least in part with that assistance is
695 
no longer needed for the purpose for which such 
asset was acquired, the Secretary may authorize the 
recipient to transfer such asset to— 
‘‘(A) a local governmental authority to be 
used for a public purpose with no further obli-
gation to the Government if the Secretary de-
cides— 
‘‘(i) the asset will remain in public use 
for at least 5 years after the date the asset 
is transferred; 
‘‘(ii) there is no purpose eligible for 
assistance under this chapter for which the 
asset should be used; 
‘‘(iii) the overall benefit of allowing 
the transfer is greater than the interest of 
the Government in liquidation and return 
of the financial interest of the Government 
in the asset, after considering fair market 
value and other factors; and 
‘‘(iv) through an appropriate screen-
ing or survey process, that there is no in-
terest in acquiring the asset for Govern-
ment use if the asset is a facility or land; 
or
696 
‘‘(B) a local governmental authority, non-
profit organization, or other third party entity 
to be used for the purpose of transit-oriented 
development with no further obligation to the 
Government if the Secretary decides— 
‘‘(i) the asset is a necessary compo-
nent of a proposed transit-oriented devel-
opment project; 
‘‘(ii) the transit-oriented development 
project will increase transit ridership; 
‘‘(iii) at least 40 percent of the hous-
ing units offered in the transit-oriented de-
velopment , including housing units owned 
by nongovernmental entities, are legally 
binding affordability restricted to tenants 
with incomes at or below 60 percent of the 
area median income and/or owners with in-
comes at or below 60 percent the area me-
dian income; 
‘‘(iv) the asset will remain in use as 
described in this section for at least 30 
years after the date the asset is trans-
ferred; and 
‘‘(v) with respect to a transfer to a 
third party entity—
697 
‘‘(I) a local government authority 
or nonprofit organization is unable to 
receive the property; 
‘‘(II) the overall benefit of allow-
ing the transfer is greater than the in-
terest of the Government in liquida-
tion and return of the financial inter-
est of the Government in the asset, 
after considering fair market value 
and other factors; and 
‘‘(III) the third party has dem-
onstrated a satisfactory history of 
construction or operating an afford-
able housing development.’’. 
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL 
INVESTMENT GRANTS. 
Section 5309 of title 49, United States Code, is 
amended— 
(1) in subsection (g)— 
(A) in paragraph (2)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and
698 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) in the case of a new fixed guide-
way capital project or a core capacity im-
provement project, allow a weighting five 
points greater to the economic development 
subfactor and five points lesser to the low-
est scoring subfactor if the applicant dem-
onstrates substantial efforts to preserve or 
encourage affordable housing near the 
project by providing documentation of poli-
cies that allow by-right multi-family hous-
ing, single room occupancy units, or acces-
sory dwelling units, providing local capital 
sources for transit-oriented development, 
or demonstrate other methods as deter-
mined by the Secretary.’’; and 
(B) in paragraph (3), as amended by this 
Act, by adding at the end the following: 
‘‘(B) establish a warrant that applies to 
the economic development project justification 
criteria, provided that the applicant that re-
quests a warrant under this process has com-
pleted and submitted a housing feasibility as-
sessment.’’; and
699 
(2) in subsection (l)(4)— 
(A) in subparagraph (B) by striking ‘‘; or’’ 
and inserting a semicolon; 
(B) in subparagraph (C) by striking the 
period and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(D) from grant proceeds distributed 
under section 103 of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C. 
5303) or section 201 of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 
3141) provided that— 
‘‘(i) such funds are used in conjunc-
tion with the planning or development of 
affordable housing; and 
‘‘(ii) such affordable housing is lo-
cated within one-half of a mile of a new 
station.’’. 
Subtitle H—Innovation 
SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM. 
Section 5312(d) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(3) MOBILITY
INNOVATION
SANDBOX
PRO-
GRAM.—The Secretary may make funding available 
under this subsection to carry out research on mobil-
700 
ity on demand and mobility as a service activities eli-
gible under section 5316.’’. 
SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDE-
SIGN PROGRAM. 
Section 5312(d) of title 49, United States Code, is 
further amended by adding at the end the following: 
‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT 
REDESIGN PROGRAM.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make funding available under this subsection to 
carry out research on redesigning transit bus 
operator compartments to improve safety, oper-
ational efficiency, and passenger accessibility. 
‘‘(B) OBJECTIVES.—Research objectives 
under this paragraph shall include— 
‘‘(i) increasing bus operator safety 
from assaults; 
‘‘(ii) optimizing operator visibility and 
reducing operator distractions to improve 
safety of bus passengers, pedestrians, 
bicyclists, and other roadway users; 
‘‘(iii) expanding passenger accessi-
bility for positive interactions between op-
erators and passengers, including assisting 
passengers in need of special assistance;
701 
‘‘(iv) accommodating compliance for 
passenger boarding, alighting, and secure-
ment with the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.); 
and 
‘‘(v) improving ergonomics to reduce 
bus operator work-related health issues 
and injuries, as well as locate key instru-
ment and control interfaces to improve 
operational efficiency and convenience. 
‘‘(C) ACTIVITIES.—Eligible activities under 
this paragraph shall include— 
‘‘(i) measures to reduce visibility im-
pairments and distractions for bus opera-
tors that contribute to accidents, including 
retrofits to buses in revenue service and 
specifications for future procurements that 
reduce visibility impairments and distrac-
tions; 
‘‘(ii) the deployment of assault mitiga-
tion infrastructure and technology on 
buses, including barriers to restrict the un-
wanted entry of individuals and objects 
into bus operators’ workstations;
702 
‘‘(iii) technologies to improve pas-
senger accessibility, including boarding, 
alighting, and securement in compliance 
with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(iv) installation of seating and modi-
fication to design specifications of bus op-
erator workstations that reduce or prevent 
injuries from ergonomic risks; or 
‘‘(v) other measures that align with 
the objectives under subparagraph (B). 
‘‘(D) ELIGIBLE ENTITIES.—Entities eligi-
ble to receive funding under this paragraph 
shall include consortia consisting of, at a min-
imum: 
‘‘(i) recipients of funds under this 
chapter that provide public transportation 
services; 
‘‘(ii) transit vehicle manufacturers; 
‘‘(iii) representatives from organiza-
tions engaged in collective bargaining on 
behalf of transit workers in not fewer than 
three States; and 
‘‘(iv) any nonprofit institution of high-
er education, as defined in section 101 of
703 
the Higher Education Act of 1965 (20 
U.S.C. 1001).’’. 
SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY 
COUNTS INITIATIVE. 
Section 5312 of title 49, United States Code, as 
amended by section 2503, is further amended by adding 
at the end the following: 
‘‘(k) EVERY DAY COUNTS INITIATIVE.— 
‘‘(1) IN GENERAL.—It is in the national inter-
est for the Department of Transportation and recipi-
ents of Federal public transportation funds— 
‘‘(A) to identify, accelerate, and deploy in-
novation aimed at expediting project delivery, 
enhancing the safety of transit systems of the 
United States, and protecting the environment; 
‘‘(B) to ensure that the planning, design, 
engineering, construction, and financing of 
transportation projects is done in an efficient 
and effective manner; 
‘‘(C) to promote the rapid deployment of 
proven solutions that provide greater account-
ability for public investments; and 
‘‘(D) to create a culture of innovation 
within the transit community.
704 
‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To 
advance the policies described in paragraph (1), the 
Administrator of the Federal Transit Administration 
shall adopt the Every Day Counts initiative to work 
with recipients to identify and deploy the proven in-
novation practices and products that— 
‘‘(A) accelerate innovation deployment; 
‘‘(B) expedite the project delivery process; 
‘‘(C) improve environmental sustainability; 
‘‘(D) enhance transit safety; 
‘‘(E) expand mobility; and 
‘‘(F) reduce greenhouse gas emissions. 
‘‘(3) CONSIDERATION.—In accordance with the 
Every Day Counts goals described in paragraphs (1) 
and (2), the Administrator shall consider research 
conducted through the university transportation cen-
ters program in section 5505. 
‘‘(4) INNOVATION DEPLOYMENT.— 
‘‘(A) IN GENERAL.—At least every 2 years, 
the Administrator shall work collaboratively 
with recipients to identify a new collection of in-
novations, best practices, and data to be de-
ployed to recipients through case studies, 
webinars, and demonstration projects.
705 
‘‘(B) REQUIREMENTS.—In identifying a 
collection described in subparagraph (A), the 
Secretary shall take into account market readi-
ness, impacts, benefits, and ease of adoption of 
the innovation or practice. 
‘‘(5) PUBLICATION.—Each collection identified 
under paragraph (4) shall be published by the Ad-
ministrator on a publicly available website.’’. 
SEC. 2804. TECHNICAL CORRECTIONS. 
Section 5312 of title 49, United States Code, as 
amended in section 2503 and 2803, is further amended— 
(1) in subsection (e)— 
(A) in paragraph (3)(C) by striking ‘‘low 
or no emission vehicles, zero emission vehicles,’’ 
and inserting ‘‘zero emission vehicles’’; and 
(B) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) ZERO
EMISSION
VEHICLE
DEFINED.—In 
this subsection, the term ‘zero emission vehicle’ 
means a passenger vehicle used to provide public 
transportation that produces no carbon or particu-
late matter.’’; 
(2) by redesignating the first subsection (g) as 
subsection (f); and 
(3) in subsection (h)—
706 
(A) in the header by striking ‘‘LOW OR NO 
EMISSION’’ and inserting ‘‘ZERO EMISSION’’; 
(B) in paragraph (1)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) the term ‘zero emission vehicle’ has 
the meaning given such term in subsection 
(e)(6);’’; and 
(ii) in subparagraph (D) by striking 
‘‘low or no emission vehicle’’ and inserting 
‘‘zero emission vehicle’’ each place such 
term appears; 
(C) in paragraph (2)— 
(i) in the heading by striking ‘‘LOW 
OR
NO
EMISSION’’ and inserting ‘‘ZERO 
EMISSION’’; and 
(ii) by striking ‘‘low or no emission’’ 
and inserting ‘‘zero emission’’ each place 
such term appears; 
(D) in paragraph (3) by striking ‘‘low or 
no emission’’ and inserting ‘‘zero emission’’ 
each place such term appears; and 
(E) in paragraph (5)(A) by striking ‘‘low 
or no emission’’ and inserting ‘‘zero emission’’.
707 
SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT 
BUS DEVELOPMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a national advanced technology transit bus development 
program to facilitate the development and testing of com-
mercially viable advanced technology transit buses that do 
not exceed a Level 3 automated driving system and related 
infrastructure. 
(b) AUTHORIZATION.—There shall be available 
$20,000,000 for each of fiscal years 2021 through 2025. 
(c) GRANTS.—The Secretary may enter into grants, 
contracts, and cooperative agreements with no more than 
three geographically diverse nonprofit organizations and 
recipients under chapter 53 of title 49, United States 
Code, to facilitate the development and testing of commer-
cially viable advance technology transit buses and related 
infrastructure. 
(d) CONSIDERATIONS.—The Secretary shall consider 
the applicant’s— 
(1) ability to contribute significantly to fur-
thering advanced technologies as it relates to transit 
bus operations, including advanced driver assistance 
systems, automatic emergency braking, accessibility, 
and energy efficiency; 
(2) financing plan and cost share potential;
708 
(3) technical experience developing or testing 
advanced technologies in transit buses; 
(4) commitment to frontline worker involve-
ment; and 
(5) other criteria that the Secretary determines 
are necessary to carry out the program. 
The Secretary shall not consider applicants working on 
autonomous vehicles. 
(e) COMPETITIVE GRANT SELECTION.—The Sec-
retary shall conduct a national solicitation for applications 
for grants under the program. Grant recipients shall be 
selected on a competitive basis. The Secretary shall give 
priority consideration to applicants that have successfully 
managed advanced transportation technology projects, in-
cluding projects related to public transportation oper-
ations for a period of not less than 5 years. 
(f) CONSORTIA.—As a condition of receiving an 
award in (c), the Secretary shall ensure— 
(1) that the selected non-profit recipients subse-
quently establish a consortia for each proposal sub-
mitted, including representatives from a labor union, 
transit agency, an FTA-designated university bus 
and component testing center, a Buy America com-
pliant transit bus manufacturer, and others as deter-
mined by the Secretary;
709 
(2) that no proposal selected would decrease 
workplace or passenger safety; and 
(3) that no proposal selected would undermine 
the creation of high-quality jobs or workforce sup-
port and development programs. 
(g) FEDERAL SHARE.—The Federal share of costs 
of the program shall be provided from funds made avail-
able to carry out this section. The Federal share of the 
cost of a project carried out under the program shall not 
exceed 80 percent of such cost. 
SEC. 2806. PUBLIC TRANSPORTATION INNOVATION. 
Section 5312(h)(2) of title 49, United States Code, 
is amended by striking subparagraph (G). 
Subtitle I—Other Program 
Reauthorizations 
SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVEN-
TIVE MAINTENANCE PROJECTS FOR WASH-
INGTON METROPOLITAN AREA TRANSIT AU-
THORITY. 
Section 601 of the Passenger Rail Investment and 
Improvement Act of 2008 (Public Law 110–432) is 
amended— 
(1) in subsection (b) by striking ‘‘The Federal’’ 
and inserting ‘‘Except as provided in subsection 
(f)(2), the Federal’’;
710 
(2) by striking subsections (d) through (f) and 
inserting the following: 
‘‘(d) REQUIRED BOARD APPROVAL.—No amounts 
may be provided to the Transit Authority under this sec-
tion until the Transit Authority certifies to the Secretary 
of Transportation that— 
‘‘(1) a board resolution has passed on or before 
July 1, 2021, and is in effect for the period of July 
1, 2022 through June 30, 2031, that— 
‘‘(A) establishes an independent budget au-
thority for the Office of Inspector General of 
the Transit Authority; 
‘‘(B) establishes an independent procure-
ment authority for the Office of Inspector Gen-
eral of the Transit Authority; 
‘‘(C) establishes an independent hiring au-
thority for the Office of Inspector General of 
the Transit Authority; 
‘‘(D) ensures the Inspector General of the 
Transit Authority can obtain legal advice from 
a counsel reporting directly to the Inspector 
General; 
‘‘(E) requires the Inspector General of the 
Transit Authority to submit recommendations 
for corrective action to the General Manager
711 
and the Board of Directors of the Transit Au-
thority; 
‘‘(F) requires the Inspector General of the 
Transit Authority to publish any recommenda-
tion described in subparagraph (E) on the 
website of the Office of Inspector General of the 
Transit Authority, except that the Inspector 
General may redact personally identifiable in-
formation and information that, in the deter-
mination of the Inspector General, would pose 
a security risk to the systems of the Transit 
Authority; 
‘‘(G) requires the Board of Directors of 
the Transit Authority to provide written notice 
to the Committee on Transportation and Infra-
structure of the House of Representatives and 
the Committee on Banking, Housing, and 
Urban Affairs of the Senate not less than 30 
days before the Board of Directors removes the 
Inspector General of the Transit Authority, 
which shall include the reasons for removal and 
supporting documentation; and 
‘‘(H) prohibits the Board of Directors from 
removing the Inspector General of the Transit 
Authority unless the Board of Directors has
712 
provided a 30 day written notification as de-
scribed in subparagraph (G) that documents— 
‘‘(i) a permanent incapacity; 
‘‘(ii) a neglect of duty; 
‘‘(iii) malfeasance; 
‘‘(iv) a conviction of a felony or con-
duct involving moral turpitude; 
‘‘(v) a knowing violation of a law or 
regulation; 
‘‘(vi) gross mismanagement; 
‘‘(vii) a gross waste of funds; 
‘‘(viii) an abuse of authority; or 
‘‘(ix) inefficiency; and 
‘‘(2) the Code of Ethics for Members of the 
WMATA Board of Directors passed on September 
26, 2019, remains in effect, or the Inspector General 
of the Transit Authority has consulted with any 
modifications to the Code of Ethics by the Board. 
‘‘(e) AUTHORIZATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary of Transportation for 
grants under this section— 
‘‘(A) for fiscal year 2021, $150,000,000; 
‘‘(B) for fiscal year 2022, $155,000,000; 
‘‘(C) for fiscal year 2023, $160,000,000;
713 
‘‘(D) for fiscal year 2024, $165,000,000; 
‘‘(E) for fiscal year 2025, $170,000,000; 
‘‘(F) for fiscal year 2026, $175,000,000; 
‘‘(G) for fiscal year 2027, $180,000,000; 
‘‘(H) for fiscal year 2028, $185,000,000; 
‘‘(I) for fiscal year 2029, $190,000,000; 
and 
‘‘(J) for fiscal year 2030, $200,000,000. 
‘‘(2) SET
ASIDE
FOR
OFFICE
OF
INSPECTOR 
GENERAL
OF
TRANSIT
AUTHORITY.—From the 
amounts in paragraph (1), the Transit Authority 
shall provide at least 7 percent for each fiscal year 
to the Office of Inspector General of the Transit Au-
thority to carry out independent and objective au-
dits, investigations, and reviews of Transit Authority 
programs and operations to promote economy, effi-
ciency, and effectiveness, and to prevent and detect 
fraud, waste, and abuse in such programs and oper-
ations.’’; and 
(3) by redesignating subsection (g) as sub-
section (f). 
SEC. 2902. OTHER APPORTIONMENTS. 
Section 5336 of title 49, United States Code, is 
amended— 
(1) in subsection (h)—
714 
(A) in the matter preceding paragraph (1) 
by striking ‘‘section 5336(a)(2)(C)’’ and insert-
ing ‘‘section 5336(a)(2)(B)’’; 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) to carry out section 5307(h)— 
‘‘(A) $60,906,000 shall be set aside in fis-
cal year 2022; 
‘‘(B) $61,856,134 shall be set aside in fis-
cal year 2023; 
‘‘(C) $62,845,832 shall be set aside in fis-
cal year 2024; and 
‘‘(D) $63,832,511 shall be set aside in fis-
cal year 2025;’’; 
(C) in paragraph (2) by striking ‘‘3.07 
percent’’ and inserting ‘‘6 percent’’; and 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) of amounts not apportioned under para-
graphs (1) and (2), 3 percent shall be apportioned 
to urbanized areas with populations of less than 
200,000 in accordance with subsection (i);’’; and 
(2) in subsection (i) by adding at the end the 
following:
715 
‘‘(3) CENSUS PHASE-OUT.—Before apportioning 
funds under subsection (h)(3), for any urbanized 
area that is no longer an eligible area due to a 
change in population in the most recent decennial 
census, the Secretary shall apportion to such urban-
ized area, for 3 fiscal years, an amount equal to half 
of the funds apportioned to such urbanized area pur-
suant to this subsection for the previous fiscal 
year.’’. 
Subtitle J—Streamlining 
SEC. 
2911. 
FIXED 
GUIDEWAY 
CAPITAL 
INVESTMENT 
GRANTS. 
Section 5309 of title 49, United States Code, as 
amended by section 2703 of this Act, is further amend-
ed— 
(1) in subsection (a)— 
(A) by striking paragraph (6); 
(B) by redesignating paragraph (7) as 
paragraph (6); and 
(C) in paragraph (6), as so redesignated; 
(i) in subparagraph (A) by striking 
‘‘$100,000,000’’ 
and 
inserting 
‘‘$320,000,000’’; and
716 
(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
717 
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:
718 
‘‘(3) COST-SHARE INCENTIVES.—For a project 
for which a lower CIG cost share is elected by the 
applicant under subsection (l)(1)(C), the Secretary 
shall apply the following requirements and consider-
ations in lieu of paragraphs (1) and (2): 
‘‘(A) 
REQUIREMENTS.—In 
determining 
whether a project is supported by local financial 
commitment and shows evidence of stable and 
dependable financing sources for purposes of 
subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the 
Secretary shall require that— 
‘‘(i) the proposed project plan pro-
vides for the availability of contingency 
amounts that the applicant determines to 
be reasonable to cover unanticipated cost 
increases or funding shortfalls; 
‘‘(ii) each proposed local source of 
capital and operating financing is stable, 
reliable, and available within the proposed 
project timetable; and 
‘‘(iii) an applicant certifies that local 
resources are available to recapitalize, 
maintain, and operate the overall existing 
and proposed public transportation system, 
including essential feeder bus and other
719 
services necessary to achieve the projected 
ridership levels without requiring a reduc-
tion in existing public transportation serv-
ices or level of service to operate the 
project. 
‘‘(B) CONSIDERATIONS.—In assessing the 
stability, reliability, and availability of proposed 
sources of local financing for purposes of sub-
section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec-
retary shall consider— 
‘‘(i) the reliability of the forecasting 
methods used to estimate costs and reve-
nues made by the recipient and the con-
tractors to the recipient; 
‘‘(ii) existing grant commitments; 
‘‘(iii) any debt obligation that exists, 
or is proposed by the recipient, for the pro-
posed project or other public transpor-
tation purpose; and 
‘‘(iv) private contributions to the 
project, including cost-effective project de-
livery, management or transfer of project 
risks, expedited project schedule, financial 
partnering, and other public-private part-
nership strategies.’’.
720 
(7) in subsection (g)— 
(A) in paragraph (2)(A) by striking ‘‘de-
gree of local financial commitment’’ and insert-
ing ‘‘criteria in subsection (f)’’ each place it ap-
pears; 
(B) in paragraph (3) by striking ‘‘The Sec-
retary shall’’ and all that follows through the 
end and inserting the following: ‘‘The Secretary 
shall— 
‘‘(A) to the maximum extent practicable, 
develop and use special warrants for making a 
project justification determination under sub-
section (d)(2) or (e)(2), as applicable, for a 
project proposed to be funded using a grant 
under this section if— 
‘‘(i) the share of the cost of the 
project to be provided under this section— 
‘‘(I) 
does 
not 
exceed 
$500,000,000 and the total project 
cost does not exceed $1,000,000,000; 
or 
‘‘(II) complies with subsection 
(l)(1)(C); 
‘‘(ii) the applicant requests the use of 
the warrants;
721 
‘‘(iii) the applicant certifies that its 
existing public transportation system is in 
a state of good repair; and 
‘‘(iv) the applicant meets any other 
requirements that the Secretary considers 
appropriate to carry out this subsection; 
and’’; 
(C) by striking paragraph (5) and insert-
ing the following: 
‘‘(5) POLICY GUIDANCE.—The Secretary shall 
issue policy guidance on the review and evaluation 
process and criteria not later than 180 days after 
the date of enactment of the INVEST in America 
Act.’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) TRANSPARENCY.—Not later than 30 days 
after the Secretary receives a written request from 
an applicant for all remaining information necessary 
to obtain 1 or more of the following, the Secretary 
shall provide such information to the applicant: 
‘‘(A) Project advancement. 
‘‘(B) Medium or higher rating. 
‘‘(C) Warrant. 
‘‘(D) Letter of intent.
722 
‘‘(E) Early systems work agreement.’’; and 
(E) in paragraph (7) by striking ‘‘the Fed-
eral Public Transportation Act of 2012’’ and 
inserting ‘‘the INVEST in America Act’’; 
(8) in subsection (h)— 
(A) in paragraph (5) by inserting ‘‘, except 
that for a project for which a lower local cost 
share is elected under subsection (l)(1)(C), the 
Secretary shall enter into a grant agreement 
under this subsection for any such project that 
establishes contingency amounts that the appli-
cant determines to be reasonable to cover unan-
ticipated cost increases or funding shortfalls’’ 
before the period at the end; and 
(B) in paragraph (7)(C) by striking ‘‘10 
days’’ and inserting ‘‘3 days’’; 
(9) by striking subsection (i) and inserting the 
following: 
‘‘(i) INTERRELATED PROJECTS.— 
‘‘(1) RATINGS IMPROVEMENT.—The Secretary 
shall grant a rating increase of 1 level in mobility 
improvements to any project being rated under sub-
section (d), (e), or (h), if the Secretary certifies that 
the project has a qualifying interrelated project that 
meets the requirements of paragraph (2).
723 
‘‘(2) INTERRELATED
PROJECT.—A qualifying 
interrelated project is a transit project that— 
‘‘(A) is adopted into the metropolitan 
transportation plan required under section 
5303; 
‘‘(B) has received a class of action designa-
tion under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(C) will likely increase ridership on the 
project being rated in subsection (d), (e), or 
(h), respectively, as determined by the Sec-
retary; and 
‘‘(D) meets one of the following criteria: 
‘‘(i) Extends the corridor of the 
project being rated in subsection (d), (e), 
or (h), respectively. 
‘‘(ii) Provides a direct passenger 
transfer to the project being rated in sub-
section (d), (e), or (h), respectively.’’; 
(10) in subsection (k)— 
(A) in paragraph (2)(D) by adding at the 
end the following: 
‘‘(v) 
LOCAL
FUNDING
COMMIT-
MENT.— For a project for which a lower 
CIG cost share is elected by the applicant
724 
under subsection (l)(1)(C), the Secretary 
shall enter into a full funding grant agree-
ment that has at least 75 percent of local 
financial commitment committed and the 
remaining percentage budgeted for the pro-
posed purposes.’’; and 
(B) in paragraph (5) by striking ‘‘30 
days’’ and inserting ‘‘3 days’’; 
(11) in subsection (l)— 
(A) in paragraph (1) by striking subpara-
graph (B) and inserting the following: 
‘‘(B) CAP.—Except as provided in sub-
paragraph (C), a grant for a project under this 
section shall not exceed 80 percent of the net 
capital project cost, except that a grant for a 
core capacity improvement project shall not ex-
ceed 80 percent of the net capital project cost 
of the incremental cost to increase the capacity 
in the corridor. 
‘‘(C) APPLICANT
ELECTION
OF
LOWER 
LOCAL
CIG
COST
SHARE.—An applicant may 
elect a lower local CIG cost share for a project 
under this section for purposes of application of 
the cost-share incentives under subsection 
(f)(3). Such cost share shall not exceed 60 per-
725 
cent of the net capital project cost, except that 
for a grant for a core capacity improvement 
project such cost share shall not exceed 60 per-
cent of the net capital project cost of the incre-
mental cost to increase the capacity in the cor-
ridor.’’; 
(B) by striking paragraph (5) and insert-
ing the following: 
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section shall be construed as 
authorizing the Secretary to require, incentivize (in 
any manner not specified in this section), or place 
additional conditions upon a non-Federal financial 
commitment for a project that is more than 20 per-
cent of the net capital project cost or, for a core ca-
pacity improvement project, 20 percent of the net 
capital project cost of the incremental cost to in-
crease the capacity in the corridor.’’; and 
(C) by striking paragraph (8) and insert-
ing the following: 
‘‘(8) CONTINGENCY
SHARE.—The Secretary 
shall provide funding for the contingency amount 
equal to the proportion of the CIG cost share. If the 
Secretary increases the contingency amount after a 
project has received a letter of no prejudice or been
726 
allocated appropriated funds, the federal share of 
the additional contingency amount shall be 25 per-
cent higher than the original proportion the CIG 
cost share and in addition to the grant amount set 
in subsection (k)(2)(C)(ii).’’; 
(12) in subsection (o) by adding at the end the 
following: 
‘‘(4) CIG PROGRAM
DASHBOARD.—Not later 
than the fifth day of each month, the Secretary shall 
make publicly available on a website data on, includ-
ing the status of, each project under this section 
that is in the project development phase, in the engi-
neering phase, or has received a grant agreement 
and remains under construction. Such data shall in-
clude, for each project— 
‘‘(A) the amount and fiscal year of any 
funding appropriated, allocated, or obligated for 
the project; 
‘‘(B) the date on which the project— 
‘‘(i) entered the project development 
phase; 
‘‘(ii) entered the engineering phase, if 
applicable; and 
‘‘(iii) received a grant agreement, if 
applicable; and
727 
‘‘(C) the status of review by the Federal 
Transit Administration and the Secretary, in-
cluding dates of request, dates of acceptance of 
request, and dates of a decision for each of the 
following, if applicable: 
‘‘(i) A letter of no prejudice. 
‘‘(ii) An environmental impact state-
ment notice of intent. 
‘‘(iii) A finding of no significant envi-
ronmental impact. 
‘‘(iv) A draft environmental impact 
statement. 
‘‘(v) A final environmental impact 
statement. 
‘‘(vi) A record of decision on the final 
environmental impact statement. 
‘‘(vii) The status of the applicant in 
securing the non-Federal match, based on 
information provided by the applicant, in-
cluding the amount committed, budgeted, 
planned, and undetermined.’’; 
(13) by striking ‘‘an acceptable degree of’’ and 
inserting ‘‘a’’ each place it appears; and 
(14) by adding at the end the following: 
‘‘(r) PUBLICATION .—
728 
‘‘(1) PUBLICATION.—The Secretary shall pub-
lish a record of decision on all projects in the New 
Starts tranche of the program within 2 years of re-
ceiving a project’s draft environmental impact state-
ment or update or change to such statement. 
‘‘(2) FAILURE
TO
ISSUE
RECORD
OF
DECI-
SION.—For each calendar month beginning on or 
after the date that is 12 months after the date of 
enactment of the INVEST in America Act in which 
the Secretary has not published a record of decision 
for the final environmental impact statement on 
projects in the New Starts tranche for at least 1 
year, the Secretary shall reduce the full-time equiva-
lent employees within the immediate office of the 
Secretary by 1.’’. 
SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT 
DEADLINE. 
Section 5336(d) of title 49, United States Code, is 
amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) notwithstanding paragraph (1), apportion 
amounts to the States appropriated under section
729 
5338(a)(2) to carry out sections 5307, 5310, and 
5311 not later than December 15 for which any 
amounts are appropriated; and’’. 
SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE. 
Section 5334 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(l) DISPOSITION
OF ASSETS BEYOND USEFUL 
LIFE.— 
‘‘(1) IN
GENERAL.—If a recipient, or sub-
recipient, for assistance under this chapter disposes 
of an asset with a current market value, or proceed 
from the sale of such asset, acquired under this 
chapter at least in part with such assistance, after 
such asset has reached the useful life of such asset, 
the Secretary shall allow the recipient, or sub-
recipient, to use the proceeds attributable to the 
Federal share of such asset calculated under para-
graph (3) for capital projects under section 5307, 
5310, or 5311. 
‘‘(2) MINIMUM VALUE.—This subsection shall 
only apply to assets with a current market value, or 
proceeds from sale, of at least $5,000. 
‘‘(3) CALCULATION
OF
FEDERAL
SHARE
AT-
TRIBUTABLE.—The proceeds attributable to the
730 
Federal share of an asset described in paragraph (1) 
shall be calculated by multiplying— 
‘‘(A) the current market value of, or the 
proceeds from the disposition of, such asset; by 
‘‘(B) the Federal share percentage for the 
acquisition of such asset at the time of acquisi-
tion of such asset.’’. 
SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBIL-
ITY. 
Section 5310 of title 49, United States Code, as 
amended by section 2205, is further amended by adding 
at the end the following: 
‘‘(k) INNOVATIVE COORDINATED ACCESS AND MO-
BILITY.— 
‘‘(1) START UP GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make grants under this paragraph to eligible 
recipients to assist in financing innovative 
projects for the transportation disadvantaged 
that improve the coordination of transportation 
services and non-emergency medical transpor-
tation services. 
‘‘(B) APPLICATION.—An eligible recipient 
shall submit to the Secretary an application 
that, at a minimum, contains—
731 
‘‘(i) a detailed description of the eligi-
ble project; 
‘‘(ii) an identification of all eligible 
project partners and the specific role of 
each eligible project partner in the eligible 
project, including— 
‘‘(I) private entities engaged in 
the coordination of nonemergency 
medical transportation services for the 
transportation disadvantaged; 
‘‘(II) nonprofit entities engaged 
in the coordination of nonemergency 
medical transportation services for the 
transportation disadvantaged; or 
‘‘(III) Federal and State entities 
engaged in the coordination of non-
emergency 
medical 
transportation 
services for the transportation dis-
advantaged; and 
‘‘(iii) a description of how the eligible 
project shall— 
‘‘(I) improve local coordination or 
access to coordinated transportation 
services;
732 
‘‘(II) reduce duplication of serv-
ice, if applicable; and 
‘‘(III) provide innovative solu-
tions in the State or community. 
‘‘(C) PERFORMANCE MEASURES.—An eligi-
ble recipient shall specify, in an application for 
a grant under this paragraph, the performance 
measures the eligible project, in coordination 
with project partners, will use to quantify ac-
tual outcomes against expected outcomes, in-
cluding— 
‘‘(i) changes to transportation expend-
itures as a result of improved coordination; 
‘‘(ii) changes to healthcare expendi-
tures provided by projects partners as a re-
sult of improved coordination; and 
‘‘(iii) changes to health care metrics, 
including aggregate health outcomes pro-
vided by projects partners. 
‘‘(D) ELIGIBLE USES.—Eligible recipients 
receiving a grant under this section may use 
such funds for— 
‘‘(i) the deployment of coordination 
technology;
733 
‘‘(ii) projects that create or increase 
access to community One-Call/One-Click 
Centers; 
‘‘(iii) projects that coordinate trans-
portation for 3 or more of— 
‘‘(I) public transportation pro-
vided under this section; 
‘‘(II) a State plan approved 
under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.); 
‘‘(III) title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.); 
‘‘(IV) Veterans Health Adminis-
tration; or 
‘‘(V) private health care facilities; 
and 
‘‘(iv) such other projects as deter-
mined appropriate by the Secretary. 
‘‘(E) CONSULTATION.—In evaluating the 
performance metrics described in subparagraph 
(C), the Secretary shall consult with the Sec-
retary of Health and Human Services. 
‘‘(2) INCENTIVE GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make grants under this paragraph to eligible
734 
recipients to incentivize innovative projects for 
the transportation disadvantaged that improve 
the coordination of transportation services and 
non-emergency medical transportation services. 
‘‘(B) 
SELECTION
OF
GRANT
RECIPI-
ENTS.—The Secretary shall distribute grant 
funds made available to carry out this para-
graph as described in subparagraph (E) to eli-
gible recipients that apply and propose to dem-
onstrate improvement in the metrics described 
in subparagraph (F). 
‘‘(C) ELIGIBILITY.—An eligible recipient 
shall not be required to have received a grant 
under paragraph (1) to be eligible to receive a 
grant under this paragraph. 
‘‘(D) APPLICATIONS.—Eligible recipients 
shall submit to the Secretary an application 
that includes— 
‘‘(i) which metrics under subpara-
graph (F) the eligible recipient intends to 
improve; 
‘‘(ii) the performance data eligible re-
cipients and the Federal, State, nonprofit, 
and private partners, as described in para-
735 
graph (1)(B)(ii), of the eligible recipient 
will make available; and 
‘‘(iii) a proposed incentive formula 
that makes payments to the eligible recipi-
ent based on the proposed data and 
metrics. 
‘‘(E) DISTRIBUTION.—The Secretary shall 
distribute funds made available to carry out 
this paragraph based upon the number of grant 
applications approved by the Secretary, number 
of individuals served by each grant, and the in-
centive formulas approved by the Secretary 
using the following metrics: 
‘‘(i) The reduced transportation ex-
penditures as a result of improved coordi-
nation. 
‘‘(ii) The reduced Federal and State 
healthcare expenditures using the metrics 
described in subparagraph (F). 
‘‘(iii) The reduced private healthcare 
expenditures using the metrics described in 
subparagraph (F). 
‘‘(F) HEALTHCARE METRICS.—Healthcare 
metrics described in this subparagraph shall 
be—
736 
‘‘(i) reducing missed medical appoint-
ments; 
‘‘(ii) the timely discharge of patients 
from hospitals; 
‘‘(iii) preventing hospital admissions 
and reducing readmissions of patients into 
hospitals; and 
‘‘(iv) other measureable healthcare 
metrics, as determined appropriate by the 
Secretary, in consultation with the Sec-
retary of Health and Human Services. 
‘‘(G) ELIGIBLE EXPENDITURES.—The Sec-
retary shall allow the funds distributed by this 
grant program to be expended on eligible activi-
ties described in paragraph (1)(D) and any eli-
gible activity under this section that is likely to 
improve the metrics described in subparagraph 
(F). 
‘‘(H) RECIPIENT CAP.—The Secretary— 
‘‘(i) may not provide more than 20 
grants under this paragraph; and 
‘‘(ii) shall reduce the maximum num-
ber of grants under this paragraph to en-
sure projects are fully funded, if necessary.
737 
‘‘(I) CONSULTATION.—In evaluating the 
health care metrics described in subparagraph 
(F), the Secretary shall consult with the Sec-
retary of Health and Human Services. 
‘‘(J) ANNUAL
GRANTEE
REPORT.—Each 
grantee shall submit a report, in coordination 
with the project partners of such grantee, that 
includes an evaluation of the outcomes of the 
grant awarded to such grantee, including the 
performance measures. 
‘‘(3) REPORT.—The Secretary shall make pub-
licly available an annual report on the program car-
ried out under this subsection for each fiscal year, 
not later than December 31 of the calendar year in 
which that fiscal year ends. The report shall include 
a detailed description of the activities carried out 
under the program, and an evaluation of the pro-
gram, including an evaluation of the performance 
measures used by eligible recipients in consultation 
with the Secretary of Health and Human Services. 
‘‘(4) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of 
the costs of a project carried out under this 
subsection shall not exceed 80 percent.
738 
‘‘(B) NON-FEDERAL
SHARE.—The non- 
Federal share of the costs of a project carried 
out under this subsection may be derived from 
in-kind contributions. 
‘‘(5) RULE OF CONSTRUCTION.—For purposes 
of this subsection, nonemergency medical transpor-
tation services shall be limited to services eligible 
under Federal programs other than programs au-
thorized under this chapter.’’. 
SEC. 2915. PASSENGER FERRY GRANTS. 
Section 5307(h) of title 49, United States Code, is 
amended by adding at the end the following paragraph: 
‘‘(4) ZERO-EMISSION
OR
REDUCED-EMISSION 
GRANTS.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘eligible project’ means a 
project or program of projects in an area 
eligible for a grant under subsection (a) 
for— 
‘‘(I) acquiring zero- or reduced- 
emission passenger ferries; 
‘‘(II) leasing zero- or reduced- 
emission passenger ferries;
739 
‘‘(III) constructing facilities and 
related equipment for zero- or re-
duced-emission passenger ferries; 
‘‘(IV) leasing facilities and re-
lated equipment for zero- or reduced- 
emission passenger ferries; 
‘‘(V) constructing new public 
transportation facilities to accommo-
date zero- or reduced-emission pas-
senger ferries; 
‘‘(VI) 
constructing 
shoreside 
ferry charging infrastructure for zero- 
or reduced-emission passenger ferries; 
or 
‘‘(VII) rehabilitating or improv-
ing existing public transportation fa-
cilities to accommodate zero- or re-
duced-emission passenger ferries; 
‘‘(ii) the term ‘zero- or reduced-emis-
sion passenger ferry’ means a passenger 
ferry used to provide public transportation 
that reduces emissions by utilizing onboard 
energy storage systems for hybrid-electric 
or 100 percent electric propulsion, related 
charging infrastructure, and other tech-
740 
nologies deployed to reduce emissions or 
produce zero onboard emissions under nor-
mal operation; and 
‘‘(iii) the term ‘recipient’ means a des-
ignated recipient, a local government au-
thority, or a State that receives a grant 
under subsection (a). 
‘‘(B) GENERAL
AUTHORITY.—The Sec-
retary may make grants to recipients to finance 
eligible projects under this paragraph. 
‘‘(C) GRANT
REQUIREMENTS.—A grant 
under this paragraph shall be subject to the 
same terms and conditions as a grant under 
subsection (a). 
‘‘(D) COMPETITIVE
PROCESS.—The Sec-
retary shall solicit grant applications and make 
grants for eligible projects under this paragraph 
on a competitive basis. 
‘‘(E) GOVERNMENT SHARE OF COSTS.— 
‘‘(i) IN GENERAL.—The Federal share 
of the cost of an eligible project carried out 
under this paragraph shall not exceed 80 
percent. 
‘‘(ii) 
NON-FEDERAL
SHARE.—The 
non-Federal share of the cost of an eligible
741 
project carried out under this subsection 
may be derived from in-kind contribu-
tions.’’. 
SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL IN-
VESTMENT. 
Section 5309(h)(4) of title 49, United States Code, 
is amended by inserting ‘‘, the extent to which the project 
improves transportation options to economically distressed 
areas,’’ after ‘‘public transportation’’. 
SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NA-
TIONAL ENVIRONMENTAL POLICY ACT OF 
1969 TO FEDERALLY FUNDED BUS SHELTERS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue 
best practices on the application of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 
federally funded bus shelters to assist recipients of Fed-
eral funds in receiving exclusions permitted by law. 
TITLE III—HIGHWAY TRAFFIC 
SAFETY 
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account):
742 
(1) HIGHWAY
SAFETY
PROGRAMS.—For car-
rying out section 402 of title 23, United States 
Code— 
(A) $378,400,000 for fiscal year 2022; 
(B) $382,400,000 for fiscal year 2023; 
(C) $386,500,000 for fiscal year 2024; and 
(D) $390,400,000 for fiscal year 2025. 
(2) HIGHWAY SAFETY RESEARCH AND DEVEL-
OPMENT.—For carrying out section 403 of title 23, 
United States Code— 
(A) $182,495,000 for fiscal year 2022; 
(B) $184,795,000 for fiscal year 2023; 
(C) $187,795,000 for fiscal year 2024; and 
(D) $190,695,000 for fiscal year 2025. 
(3) NATIONAL PRIORITY SAFETY PROGRAMS.— 
For carrying out section 405 of title 23, United 
States Code— 
(A) $384,119,000 for fiscal year 2022; 
(B) $393,205,000 for fiscal year 2023; 
(C) $402,205,000 for fiscal year 2024; and 
(D) $411,388,000 for fiscal year 2025. 
(4) NATIONAL DRIVER REGISTER.—For the Na-
tional Highway Traffic Safety Administration to 
carry out chapter 303 of title 49, United States 
Code—
743 
(A) $5,700,000 for fiscal year 2022; 
(B) $5,800,000 for fiscal year 2023; 
(C) $5,900,000 for fiscal year 2024; and 
(D) $6,000,000 for fiscal year 2025. 
(5) 
HIGH-VISIBILITY
ENFORCEMENT
PRO-
GRAM.—For carrying out section 404 of title 23, 
United States Code— 
(A) $60,200,000 for fiscal year 2022; 
(B) $60,600,000 for fiscal year 2023; 
(C) $60,800,000 for fiscal year 2024; and 
(D) $61,200,000 for fiscal year 2025. 
(6) ADMINISTRATIVE EXPENSES.—For adminis-
trative and related operating expenses of the Na-
tional Highway Traffic Safety Administration in car-
rying out chapter 4 of title 23, United States 
Code— 
(A) $30,586,000 for fiscal year 2022; 
(B) $31,000,000 for fiscal year 2023; 
(C) $31,500,000 for fiscal year 2024; and 
(D) $31,917,000 for fiscal year 2025. 
(b) PROHIBITION ON OTHER USES.—Except as oth-
erwise provided in chapter 4 of title 23, United States 
Code, and chapter 303 of title 49, United States Code, 
the amounts made available from the Highway Trust
744 
Fund (other than the Mass Transit Account) for a pro-
gram under such chapters— 
(1) shall only be used to carry out such pro-
gram; and 
(2) may not be used by States or local govern-
ments for construction purposes. 
(c) APPLICABILITY OF TITLE 23.—Except as other-
wise provided in chapter 4 of title 23, United States Code, 
and chapter 303 of title 49, United States Code, amounts 
made available under subsection (a) for fiscal years 2022 
through 2025 shall be available for obligation in the same 
manner as if such funds were apportioned under chapter 
1 of title 23, United States Code. 
(d) REGULATORY
AUTHORITY.—Grants awarded 
under chapter 4 of title 23, United States Code, including 
any amendments made by this title, shall be carried out 
in accordance with regulations issued by the Secretary of 
Transportation. 
(e) STATE MATCHING REQUIREMENTS.—If a grant 
awarded under chapter 4 of title 23, United States Code, 
requires a State to share in the cost, the aggregate of all 
expenditures for highway safety activities made during a 
fiscal year by the State and its political subdivisions (ex-
clusive of Federal funds) for carrying out the grant (other 
than planning and administration) shall be available for
745 
the purpose of crediting the State during such fiscal year 
for the non-Federal share of the cost of any other project 
carried out under chapter 4 of title 23, United States Code 
(other than planning or administration), without regard 
to whether such expenditures were made in connection 
with such project. 
(f) GRANT APPLICATION AND DEADLINE.—To re-
ceive a grant under chapter 4 of title 23, United States 
Code, a State shall submit an application, and the Sec-
retary of Transportation shall establish a single deadline 
for such applications to enable the award of grants early 
in the next fiscal year. 
SEC. 3002. HIGHWAY SAFETY PROGRAMS. 
Section 402 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(A)— 
(i) in clause (ii) by striking ‘‘occupant 
protection devices (including the use of 
safety belts and child restraint systems)’’ 
and inserting ‘‘seatbelts’’; 
(ii) in clause (vii) by striking ‘‘; and’’ 
and inserting a semicolon; and 
(iii) by inserting after clause (viii) the 
following:
746 
‘‘(ix) to encourage more widespread 
and proper use of child safety seats (in-
cluding booster seats) with an emphasis on 
underserved populations; 
‘‘(x) to reduce injuries and deaths re-
sulting from drivers of motor vehicles not 
moving to another traffic lane or reducing 
the speed of such driver’s vehicle when law 
enforcement, fire service, emergency med-
ical services, and other emergency vehicles 
are stopped or parked on or next to a 
roadway with emergency lights activated; 
and 
‘‘(xi) to increase driver awareness of 
the 
dangers 
of 
pediatric 
vehicular 
hyperthermia;’’; and 
(B) by adding at the end the following: 
‘‘(3) ADDITIONAL
CONSIDERATIONS.—States 
which have legalized medicinal or recreational mari-
juana shall consider programs in addition to the pro-
grams described in paragraph (2)(A) to educate 
drivers on the risks associated with marijuana-im-
paired driving and to reduce injuries and deaths re-
sulting from individuals driving motor vehicles while 
impaired by marijuana.’’;
747 
(2) in subsection (c)(4)— 
(A) by striking subparagraph (C); 
(B) by redesignating subparagraph (B) as 
subparagraph (D); and 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) SPECIAL
RULE
FOR
SCHOOL
AND 
WORK ZONES.—Notwithstanding subparagraph 
(A), a State may expend funds apportioned to 
that State under this section to carry out a pro-
gram to purchase, operate, or maintain an 
automated traffic system in a work zone or 
school zone. 
‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT 
SYSTEM
GUIDELINES.—Any automated traffic 
enforcement system installed pursuant to sub-
paragraph (B) shall comply with speed enforce-
ment camera systems and red light camera sys-
tems guidelines established by the Secretary.’’; 
and 
(3) in subsection (n)— 
(A) by striking ‘‘PUBLIC TRANSPARENCY’’ 
and all that follows through ‘‘The Secretary’’ 
and inserting the following: ‘‘PUBLIC TRANS-
PARENCY.—
748 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) 
STATE
HIGHWAY
SAFETY
PLAN 
WEBSITE.— 
‘‘(A) IN GENERAL.—In carrying out the 
requirements of paragraph (1), the Secretary 
shall establish a public website that is easily ac-
cessible, navigable, and searchable for the infor-
mation required under paragraph (1), in order 
to foster greater transparency in approved 
State highway safety programs. 
‘‘(B) CONTENTS.—The website established 
under subparagraph (A) shall— 
‘‘(i) include each State highway safety 
plan and annual report submitted and ap-
proved by the Secretary under subsection 
(k); 
‘‘(ii) provide a means for the public to 
search such website for State highway 
safety program content required in sub-
section (k), including— 
‘‘(I) performance measures re-
quired by the Secretary under para-
graph (3)(A);
749 
‘‘(II) 
progress 
made 
toward 
meeting the State’s performance tar-
gets for the previous year; 
‘‘(III) program areas and ex-
penditures; and 
‘‘(IV) 
a 
description 
of 
any 
sources of funds other than funds pro-
vided under this section that the State 
proposes to use to carry out the State 
highway safety plan of such State.’’. 
SEC. 3003. TRAFFIC SAFETY ENFORCEMENT GRANTS. 
Section 402 of title 23, United States Code, as 
amended by section 3002 of this Act, is further amended 
by inserting after subsection (k) the following: 
‘‘(l) TRAFFIC SAFETY ENFORCEMENT GRANTS.— 
‘‘(1) GENERAL AUTHORITY.—Subject to the re-
quirements under this subsection, the Secretary shall 
award grants to States for the purpose of carrying 
out top-rated traffic safety enforcement counter-
measures to reduce traffic-related injuries and fatali-
ties. 
‘‘(2) 
EFFECTIVE
COUNTERMEASURE
DE-
FINED.—In this subsection, the term ‘effective coun-
termeasure’ means a countermeasure rated 3, 4, or 
5 stars in the most recent edition of the National
750 
Highway Traffic Safety Administration’s Counter-
measures That Work highway safety guide. 
‘‘(3) FUNDING.—Notwithstanding the appor-
tionment formula set forth in section 402(c)(2), the 
Secretary shall set aside $35,000,000 of the funds 
made available under this section for each fiscal year 
to be allocated among up to 10 States. 
‘‘(4) SELECTION
CRITERIA.—The Secretary 
shall select up to 10 applicants based on the fol-
lowing criteria: 
‘‘(A) A preference for applicants who are 
geographically diverse. 
‘‘(B) A preference for applicants with a 
higher average number of traffic fatalities per 
vehicle mile traveled. 
‘‘(C) A preference for applicants whose ac-
tivities under subparagraphs (A) and (B) of 
paragraph (6) are expected to have the greatest 
impact on reducing traffic-related fatalities and 
injuries, as determined by the Secretary. 
‘‘(5) ELIGIBILITY.—A State may receive a 
grant under this subsection in a fiscal year if the 
State demonstrates, to the satisfaction of the Sec-
retary, that the State is able to meet the require-
ments in paragraph (6).
751 
‘‘(6) REQUIREMENTS.—In order to receive 
funds, a State must establish an agreement with the 
Secretary to— 
‘‘(A) identify areas with the highest risk of 
traffic fatalities and injuries; 
‘‘(B) determine the most effective counter-
measures to implement in those areas, with pri-
ority given to countermeasures rated above 3 
stars; and 
‘‘(C) report annual data under uniform re-
porting requirements established by the Sec-
retary, including— 
‘‘(i) traffic citations, arrests, and 
other interventions made by law enforce-
ment, including such interventions that did 
not result in arrest or citation; 
‘‘(ii) the increase in traffic safety en-
forcement activity supported by these 
funds; and 
‘‘(iii) any other metrics the Secretary 
determines appropriate to determine the 
success of the grant. 
‘‘(7) USE OF FUNDS.—
753 
subsection unless the State enters into such an 
agreement with the Secretary, as the Secretary may 
require, to ensure that the State will maintain its 
aggregate expenditures from all State and local 
sources for activities carried out in accordance with 
this subsection at or above the average level of ex-
penditures in the 2 fiscal years preceding the date 
of enactment of this subsection. 
‘‘(10) ANNUAL EVALUATION AND REPORT TO 
CONGRESS.—The Secretary shall conduct an annual 
evaluation of the effectiveness of grants awarded 
under this subsection and shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate an annual report on the effectiveness of the 
grants.’’. 
SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT. 
Section 403 of title 23, United States Code, is 
amended— 
(1) in subsection (b) by inserting ‘‘, training,’’ 
after ‘‘demonstration projects’’; 
(2) in subsection (f)(1)—
754 
(A) by striking ‘‘$2,500,000’’ and inserting 
‘‘$3,500,000’’; and 
(B) by striking ‘‘subsection 402(c) in each 
fiscal year ending before October 1, 2015, and 
$443,989 of the total amount available for ap-
portionment to the States for highway safety 
programs under section 402(c) in the period be-
ginning on October 1, 2015, and ending on De-
cember 4, 2015,’’ and inserting ‘‘section 
402(c)(2) in each fiscal year’’; and 
(3) by striking subsection (h) and redesignating 
subsections (i) and (j) as subsections (h) and (i), re-
spectively. 
SEC. 
3005. 
GRANT 
PROGRAM 
TO 
PROHIBIT 
RACIAL 
PROFILING. 
Section 403 of title 23, United States Code, as 
amended by section 3004 of this Act, is further amended 
by adding at the end the following: 
‘‘(j) GRANT
PROGRAM
TO
PROHIBIT
RACIAL 
PROFILING.— 
‘‘(1) GENERAL AUTHORITY.—Subject to the re-
quirements of this subsection, the Secretary shall 
make grants to a State that— 
‘‘(A) is maintaining and allows public in-
spection of statistical information for each
755 
motor vehicle stop made by a law enforcement 
officer on a Federal-aid highway in the State 
regarding the race, ethnicity, and mode of 
transportation of the driver and the officer; or 
‘‘(B) provides assurances satisfactory to 
the Secretary that the State is undertaking ac-
tivities to comply with the requirements of sub-
paragraph (A). 
‘‘(2) USE OF GRANT FUNDS.—A grant received 
by a State under paragraph (1) shall be used by the 
State for the costs of— 
‘‘(A) collecting and maintaining data on 
traffic stops; and 
‘‘(B) evaluating the results of such data. 
‘‘(3) LIMITATIONS.— 
‘‘(A) MAXIMUM
AMOUNT
OF
GRANTS.— 
The total amount of grants made to a State 
under this section in a fiscal year may not ex-
ceed 5 percent of the amount made available to 
carry out this section in the fiscal year. 
‘‘(B) ELIGIBILITY.—On or after October 
1, 2022, a State may not receive a grant under 
paragraph (1)(B) in more than 2 fiscal years. 
‘‘(4) FUNDING.—
756 
‘‘(A) IN
GENERAL.—From funds made 
available under this section, the Secretary shall 
set aside $7,500,000 for each fiscal year to 
carry out this subsection. 
‘‘(B) OTHER
USES.—The Secretary may 
reallocate, before the last day of any fiscal year, 
amounts remaining available under subpara-
graph (A) to increase the amounts made avail-
able to carry out any other activities authorized 
under this section in order to ensure, to the 
maximum extent possible, that all such amounts 
are obligated during such fiscal year.’’. 
SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PROGRAM. 
Section 404 of title 23, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘3 campaigns 
will be carried out in each of fiscal years 2016 
through 2020’’ and inserting ‘‘6 campaigns will be 
carried out in each of fiscal years 2022 through 
2025’’; 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘or drug- 
impaired’’;
757 
(B) in paragraph (2) by striking ‘‘Increase 
use of seatbelts’’ and inserting ‘‘Increase proper 
use of seatbelts and child restraints’’; 
(C) by redesignating paragraph (2) as 
paragraph (3); 
(D) by inserting after paragraph (1) the 
following: 
‘‘(2) Reduce drug-impaired operation of motor 
vehicles.’’; and 
(E) by adding at the end the following: 
‘‘(4) Reduce texting through a personal wireless 
communications device by drivers while operating a 
motor vehicle. 
‘‘(5) Reduce violations of move over laws of a 
State that require motorists to change lanes or slow 
down when law enforcement, fire service, emergency 
medical services and other emergency vehicles are 
stopped or parked on or next to a roadway with 
emergency lights activated.’’; 
(3) by redesignating subsections (e) and (f) as 
subsections (g) and (h), respectively; 
(4) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) FREQUENCY.—Each campaign administered 
under this section shall occur not less than once in each
758 
of fiscal years 2022 through 2025 with the exception of 
campaigns to reduce alcohol-impaired operation of motor 
vehicles which shall occur not less than twice in each of 
fiscal years 2022 through 2025. 
‘‘(f) COORDINATION OF DYNAMIC HIGHWAY MES-
SAGE SIGNS.—During the time a State is carrying out a 
campaign, the Secretary shall coordinate with States car-
rying out the campaigns under this section on the use of 
dynamic highway message signs to support national high- 
visibility advertising and education efforts associated with 
the campaigns.’’; and 
(5) in subsection (g), as so redesignated— 
(A) by redesignating paragraph (2) as 
paragraph (3); 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) DYNAMIC HIGHWAY MESSAGE SIGN.—The 
term ‘dynamic highway message sign’ means a traf-
fic control device that is capable of displaying one or 
more alternative messages which convey information 
to occupants of motor vehicles.’’; and 
(C) by adding at the end the following: 
‘‘(4) TEXTING.—The term ‘texting’ has the 
meaning given such term in section 405(e).’’.
759 
SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS. 
(a) IN GENERAL.—Section 405 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘13 per-
cent’’ and inserting ‘‘12.85 percent’’; 
(B) in paragraph (2) by striking ‘‘14.5 
percent’’ and inserting ‘‘14.3 percent’’; 
(C) in paragraph (3) by striking ‘‘52.5 
percent’’ and inserting ‘‘51.75 percent’’; 
(D) in paragraph (4) by striking ‘‘8.5 per-
cent’’ and inserting ‘‘8.3 percent’’; 
(E) in paragraph (6) by striking ‘‘5 per-
cent’’ and inserting ‘‘4.9 percent’’; 
(F) in paragraph (7) by striking ‘‘5 per-
cent’’ and inserting ‘‘4.9 percent’’; 
(G) in paragraph (8)— 
(i) 
by 
striking 
‘‘paragraphs 
(1) 
through (7)’’ and inserting ‘‘paragraphs 
(1) through (8)’’; 
(ii) 
by 
striking 
‘‘subsection 
(b) 
through (h)’’ and inserting ‘‘subsections 
(b) through (i)’’; and 
(iii) by inserting ‘‘to carry out any of 
the other activities described in such sub-
760 
sections, or the amount made available’’ 
before ‘‘under section 402(c)(2)’’; 
(H) in paragraph (9)(A) by striking ‘‘date 
of enactment of the FAST Act’’ and inserting 
‘‘date of enactment of the INVEST in America 
Act’’; 
(I) by redesignating paragraphs (8) and 
(9) as paragraphs (9) and (10), respectively; 
and 
(J) by inserting after paragraph (7) the 
following: 
‘‘(8) DRIVER
AND
OFFICER
SAFETY
EDU-
CATION.—In each fiscal year, 1.5 percent of the 
funds provided under this section shall be allocated 
among States that meet the requirements with re-
spect to driver and officer safety education (as de-
scribed in subsection (i)).’’; 
(2) in subsection (c)(3)(E) by striking ‘‘5’’ and 
inserting ‘‘10’’; 
(3) in subsection (b)(3) by adding at the end 
the following: 
‘‘(C) MINIMUM AMOUNT.—A State that is 
eligible for funds under subparagraph (B), shall 
use a minimum of 10 percent of such funds to
761 
carry out the activities under paragraph 
(4)(A)(v).’’; 
(4) in subsection (b)(4)— 
(A) in subparagraph (A) by striking clause 
(v) and inserting the following: 
‘‘(v) implement programs in low-in-
come and underserved populations to— 
‘‘(I) recruit and train occupant 
protection safety professionals, nation-
ally certified child passenger safety 
technicians, police officers, fire and 
emergency medical personnel, and 
educators serving low-income and un-
derserved populations; 
‘‘(II) educate parents and care-
givers in low-income and underserved 
populations about the proper use and 
installation of child safety seats; and 
‘‘(III) purchase and distribute 
child safety seats to low-income and 
underserved populations; and’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘100 percent’’ and in-
serting ‘‘90 percent’’; and
762 
(ii) by adding at the end the fol-
lowing: ‘‘The remaining 10 percent of such 
funds shall be used to carry out subsection 
(A)(v).’’; 
(5) by striking subsection (c)(4) and inserting 
the following: 
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 
received by a State under this subsection shall be 
used for— 
‘‘(A) making data program improvements 
to core highway safety databases related to 
quantifiable, measurable progress in any of the 
6 significant data program attributes set forth 
in paragraph (3)(D); 
‘‘(B) developing or acquiring programs to 
identify, collect, and report data to State and 
local government agencies, and enter data, in-
cluding crash, citation and adjudication, driver, 
emergency medical services or injury surveil-
lance system, roadway, and vehicle, into the 
core highway safety databases of a State; 
‘‘(C) purchasing equipment to improve 
processes by which data is identified, collected, 
and reported to State and local government 
agencies;
763 
‘‘(D) linking core highway safety databases 
of a State with such databases of other States 
or with other data systems within the State, in-
cluding systems that contain medical, roadway, 
and economic data; 
‘‘(E) improving the compatibility and 
interoperability of the core highway safety data-
bases of the State with national data systems 
and data systems of other States; 
‘‘(F) enhancing the ability of a State and 
the Secretary to observe and analyze local, 
State, and national trends in crash occurrences, 
rates, outcomes, and circumstances; 
‘‘(G) supporting traffic records-related 
training and related expenditures for law en-
forcement, emergency medical, judicial, prosecu-
torial, and traffic records professionals; 
‘‘(H) hiring traffic records professionals, 
including a Fatality Analysis Reporting System 
liaison for a State; and 
‘‘(I) conducting research on State traffic 
safety information systems, including devel-
oping and evaluating programs to improve core 
highway safety databases of such State and 
processes by which data is identified, collected,
764 
reported to State and local government agen-
cies, and entered into such core safety data-
bases.’’; 
(6) by striking subsection (d)(6)(A) and insert-
ing the following: 
‘‘(A) GRANTS TO STATES WITH ALCOHOL- 
IGNITION
INTERLOCK
LAWS.—The Secretary 
shall make a separate grant under this sub-
section to each State that— 
‘‘(i) adopts and is enforcing a manda-
tory alcohol-ignition interlock law for all 
individuals arrested or convicted of driving 
under the influence of alcohol or of driving 
while intoxicated; 
‘‘(ii) does not allow any individual ar-
rested or convicted of driving under the in-
fluence of alcohol or driving while intoxi-
cated to drive a motor vehicle unless such 
individual installs an ignition interlock for 
a minimum 6-month interlock period; or 
‘‘(iii) has— 
‘‘(I) enacted and is enforcing a 
state law requiring all individuals con-
victed of, or whose driving privilege is 
revoked or denied for, refusing to sub-
765 
mit to a chemical or other test for the 
purpose of determining the presence 
or concentration of any intoxicating 
substance to install an ignition inter-
lock for a minimum 6-month interlock 
period; and 
‘‘(II) a compliance-based removal 
program in which an individual ar-
rested or convicted of driving under 
the influence of alcohol or driving 
while intoxicated shall install an igni-
tion interlock for a minimum 6-month 
interlock period and have completed a 
minimum consecutive period of not 
less than 40 percent of the required 
interlock period immediately preceding 
the date of release, without a con-
firmed violation of driving under the 
influence of alcohol or driving while 
intoxicated.’’; 
(7) in subsection (e)— 
(A) in paragraph (1) by striking ‘‘para-
graphs (2) and (3)’’ and inserting ‘‘paragraph 
(2)’’; 
(B) in paragraph (4)—
766 
(i) by striking ‘‘paragraph (2) or (3)’’ 
and inserting ‘‘paragraph (3) or (4)’’; 
(ii) in subparagraph (A) by striking 
‘‘communications device to contact emer-
gency services’’ and inserting ‘‘communica-
tions device during an emergency to con-
tact emergency services or to prevent in-
jury to persons or property’’; 
(iii) in subparagraph (C) by striking 
‘‘; and’’ and inserting a semicolon; 
(iv) by redesignating subparagraph 
(D) as subparagraph (E); and 
(v) by inserting after subparagraph 
(C) the following: 
‘‘(D) a driver who uses a personal wireless 
communication device for navigation; and’’; 
(C) in paragraph (5)(A)(i) by striking 
‘‘texting or using a cell phone while’’ and in-
serting ‘‘distracted’’; 
(D) in paragraph (7) by striking ‘‘Of the 
amounts’’ and inserting ‘‘In addition to the 
amounts authorized under section 404 and of 
the amounts’’; 
(E) in paragraph (9)—
767 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) PERSONAL
WIRELESS
COMMUNICA-
TIONS
DEVICE.—The term ‘personal wireless 
communications device’ means— 
‘‘(i) until the date on which the Sec-
retary issues a regulation pursuant to 
paragraph (8)(A), a device through which 
personal services (as such term is defined 
in section 332(c)(7)(C)(i) of the Commu-
nications 
Act 
of 
1934 
(47 
U.S.C. 
332(c)(7)(C)(i)) are transmitted, but not 
including the use of such a device as a 
global navigation system receiver used for 
positioning, 
emergency 
notification, 
or 
navigation purposes; and 
‘‘(ii) on and after the date on which 
the Secretary issues a regulation pursuant 
to paragraph (8)(A), the definition de-
scribed in such regulation.’’; and 
(ii) by striking subparagraph (E) and 
inserting the following: 
‘‘(E) 
TEXTING.—The 
term 
‘texting’ 
means—
768 
‘‘(i) until the date on which the Sec-
retary issues a regulation pursuant to 
paragraph (8)(A), reading from or manu-
ally entering data into a personal wireless 
communications device, including doing so 
for the purpose of SMS texting, emailing, 
instant messaging, or engaging in any 
other form of electronic data retrieval or 
electronic data communication; and 
‘‘(ii) on and after the date on which 
the Secretary issues a regulation pursuant 
to paragraph (8)(A), the definition de-
scribed in such regulation.’’; 
(F) by striking paragraphs (2), (3), (6), 
and (8); 
(G) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (6), respectively; 
(H) by inserting after paragraph (1) the 
following: 
‘‘(2) ALLOCATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B), (C), and (D), the allocation of 
grant funds to a State under this subsection for 
a fiscal year shall be in proportion to the
769 
State’s apportionment under section 402 for 
fiscal year 2009. 
‘‘(B) PRIMARY OFFENSE LAWS.—A State 
that has enacted and is enforcing a law that 
meets the requirements set forth in paragraphs 
(3) and (4) as a primary offense shall be allo-
cated 100 percent of the amount calculated 
under subparagraph (A). 
‘‘(C) SECONDARY
OFFENSE
LAWS.—A 
State that has enacted and is enforcing a law 
that meets the requirements set forth in para-
graphs (3) and (4) as a secondary offense shall 
be allocated 50 percent of the amount cal-
culated under subparagraph (A). 
‘‘(D) TEXTING WHILE DRIVING.—Notwith-
standing subparagraphs (B) and (C), a State 
shall be allocated 25 percent of the amount cal-
culated under subparagraph (A) if such State 
has enacted and is enforcing a law that pro-
hibits a driver from viewing a personal wireless 
communication device, except for the purpose of 
navigation. 
‘‘(3) PROHIBITION
ON
HANDHELD
PERSONAL 
WIRELESS
COMMUNICATION
DEVICE
USE
WHILE
770 
DRIVING.—A State law meets the requirements set 
forth in this paragraph if the law— 
‘‘(A) prohibits a driver from holding or 
using, including texting, a personal wireless 
communications device while driving, except for 
the use of a personal wireless communications 
device— 
‘‘(i) in a hands-free manner or with a 
hands-free accessory; or 
‘‘(ii) to activate or deactivate a fea-
ture or function of the personal wireless 
communications device; 
‘‘(B) establishes a fine for a violation of 
the law; and 
‘‘(C) does not provide for an exemption 
that specifically allows a driver to hold or use 
a personal wireless communication device while 
stopped in traffic. 
‘‘(4) PROHIBITION
ON
PERSONAL
WIRELESS 
COMMUNICATION
DEVICE
USE
WHILE
DRIVING
OR 
STOPPED IN TRAFFIC.—A State law meets the re-
quirements set forth in this paragraph if the law— 
‘‘(A) prohibits a driver from holding or 
using a personal wireless communications device 
while driving if the driver is—
771 
‘‘(i) younger than 18 years of age; or 
‘‘(ii) in the learner’s permit or inter-
mediate license stage described in subpara-
graph (A) or (B) of subsection (g)(2); 
‘‘(B) establishes a fine for a violation of 
the law; and 
‘‘(C) does not provide for an exemption 
that specifically allows a driver to use a per-
sonal wireless communication device while 
stopped in traffic.’’; and 
(I) by inserting after paragraph (7) the 
following: 
‘‘(8) RULEMAKING.—Not later than 1 year 
after the date of enactment of this paragraph, the 
Secretary shall issue such regulations as are nec-
essary to account for diverse State approaches to 
combating distracted driving that— 
‘‘(A) defines the terms personal wireless 
communications device and texting for the pur-
poses of this subsection; and 
‘‘(B) determines additional permitted ex-
ceptions that are appropriate for a State law 
that meets the requirements under paragraph 
(3) or (4).’’; 
(8) in subsection (g)—
772 
(A) in paragraph (1) by inserting ‘‘sub-
paragraphs (A) and (B) of’’ before ‘‘paragraph 
(2)’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) MINIMUM REQUIREMENTS.— 
‘‘(A) TIER 1 STATE.—A State shall be eli-
gible for a grant under this subsection as a Tier 
1 State if such State requires novice drivers 
younger than 18 years of age to comply with a 
2-stage graduated driver licensing process be-
fore receiving an unrestricted driver’s license 
that includes— 
‘‘(i) a learner’s permit stage that— 
‘‘(I) is at least 180 days in dura-
tion; 
‘‘(II) requires that the driver be 
accompanied and supervised at all 
times; and 
‘‘(III) has a requirement that the 
driver obtain at least 40 hours of be-
hind-the-wheel training with a super-
visor; and 
‘‘(ii) an intermediate stage that—
773 
‘‘(I) 
commences 
immediately 
after the expiration of the learner’s 
permit stage; 
‘‘(II) is at least 180 days in du-
ration; and 
‘‘(III) for the first 180 days of 
the intermediate stage, restricts the 
driver from— 
‘‘(aa) driving at night be-
tween the hours of 11:00 p.m. 
and at least 4:00 a.m. except— 
‘‘(AA) when a parent, 
guardian, driving instructor, 
or licensed driver who is at 
least 21 years of age is in 
the motor vehicle; and 
‘‘(BB) when driving to 
and from work, school and 
school-related activities, reli-
gious activities, for emer-
gencies, or as a member of 
voluntary emergency service; 
and 
‘‘(bb) operating a motor ve-
hicle with more than 1 non-
774 
familial passenger younger than 
18 years of age, except when a 
parent, guardian, driving instruc-
tor, or licensed driver who is at 
least 21 years of age is in the 
motor vehicle. 
‘‘(B) TIER 2 STATE.—A State shall be eli-
gible for a grant under this subsection as a Tier 
2 State if such State requires novice drivers 
younger than 18 years of age to comply with a 
2-stage graduated driver licensing process be-
fore receiving an unrestricted driver’s license 
that includes— 
‘‘(i) a learner’s permit stage that— 
‘‘(I) is at least 180 days in dura-
tion; 
‘‘(II) requires that the driver be 
accompanied and supervised at all 
times; and 
‘‘(III) has a requirement that the 
driver obtain at least 50 hours of be-
hind-the-wheel training, with at least 
10 hours at night, with a supervisor; 
and 
‘‘(ii) an intermediate stage that—
775 
‘‘(I) 
commences 
immediately 
after the expiration of the learner’s 
permit stage; 
‘‘(II) is at least 180 days in du-
ration; and 
‘‘(III) for the first 180 days of 
the intermediate stage, restricts the 
driver from— 
‘‘(aa) driving at night be-
tween the hours of 10:00 p.m. 
and at least 4:00 a.m. except— 
‘‘(AA) when a parent, 
guardian, driving instructor, 
or licensed driver who is at 
least 21 years of age is in 
the motor vehicle; and 
‘‘(BB) when driving to 
and from work, school and 
school-related activities, reli-
gious activities, for emer-
gencies, or as a member of 
voluntary emergency service; 
and 
‘‘(bb) operating a motor ve-
hicle with any nonfamilial pas-
776 
senger younger than 18 years of 
age, 
except 
when 
a 
parent, 
guardian, driving instructor, or 
licensed driver who is at least 21 
years of age is in the motor vehi-
cle.’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A) by inserting 
‘‘subparagraphs (A) and (B) of’’ before 
‘‘paragraph (2)’’; and 
(ii) in subparagraph (B) by inserting 
‘‘subparagraphs (A) and (B) of’’ before 
‘‘paragraph (2)’’ each place such term ap-
pears; 
(D) in paragraph (4) by striking ‘‘such fis-
cal year’’ and inserting ‘‘fiscal year 2009’’; and 
(E) by striking paragraph (5) and insert-
ing the following: 
‘‘(5) USE OF FUNDS.— 
‘‘(A) TIER 1 STATES.—A Tier 1 State shall 
use grant funds provided under this subsection 
for— 
‘‘(i) enforcing a 2-stage licensing 
process that complies with paragraph (2);
777 
‘‘(ii) training for law enforcement per-
sonnel and other relevant State agency 
personnel relating to the enforcement de-
scribed in clause (i); 
‘‘(iii) publishing relevant educational 
materials that pertain directly or indirectly 
to the State graduated driver licensing law; 
‘‘(iv) carrying out other administrative 
activities that the Secretary considers rel-
evant to the State’s 2-stage licensing proc-
ess; or 
‘‘(v) carrying out a teen traffic safety 
program described in section 402(m). 
‘‘(B) TIER 2 STATES .—Of the grant funds 
made available to a Tier 2 State under this 
subsection— 
‘‘(i) 25 percent shall be used for any 
activity described in subparagraph (A); 
and 
‘‘(ii) 75 percent may be used for any 
project or activity eligible under section 
402.’’; 
(9) by amending subsection (h)(4) to read as 
follows:
778 
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 
received by a State under this subsection may be 
used for the safety of pedestrians and bicyclists, in-
cluding— 
‘‘(A) training of law enforcement officials 
on pedestrian and bicycle safety, State laws ap-
plicable to pedestrian and bicycle safety, and in-
frastructure designed to improve pedestrian and 
bicycle safety; 
‘‘(B) carrying out a program to support 
enforcement mobilizations and campaigns de-
signed to enforce State traffic laws applicable to 
pedestrian and bicycle safety; 
‘‘(C) public education and awareness pro-
grams designed to inform motorists, pedes-
trians, and bicyclists about— 
‘‘(i) pedestrian and bicycle safety, in-
cluding information on nonmotorized mo-
bility and the important of speed manage-
ment to the safety of pedestrians and 
bicyclists; 
‘‘(ii) the value of the use of pedestrian 
and bicycle safety equipment, including 
lighting, conspicuity equipment, mirrors, 
helmets and other protective equipment,
779 
and compliance with any State or local 
laws requiring their use; 
‘‘(iii) State traffic laws applicable to 
pedestrian and bicycle safety, including 
motorists’ responsibilities towards pedes-
trians and bicyclists; and 
‘‘(iv) infrastructure designed to im-
prove pedestrian and bicycle safety; and 
‘‘(D) data analysis and research con-
cerning pedestrian and bicycle safety.’’; and 
(10) by adding at the end the following: 
‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 
‘‘(1) GENERAL AUTHORITY.—Subject to the re-
quirements under this subsection, the Secretary shall 
award grants to— 
‘‘(A) States that enact a commuter safety 
education program; and 
‘‘(B) States qualifying under paragraph 
(5)(A). 
‘‘(2) FEDERAL SHARE.—The Federal share of 
the costs of activities carried out using amounts 
from a grant awarded under this subsection may not 
exceed 80 percent.
780 
‘‘(3) ELIGIBILITY.—To be eligible for a grant 
under this subsection, a State shall enact a law or 
adopt a program that requires the following: 
‘‘(A) DRIVER
EDUCATION
AND
DRIVING 
SAFETY
COURSES.—Inclusion, in driver edu-
cation and driver safety courses provided to in-
dividuals by educational and motor vehicle 
agencies of the State, of instruction and testing 
concerning law enforcement practices during 
traffic stops, including information on— 
‘‘(i) the role of law enforcement and 
the duties and responsibilities of peace offi-
cers; 
‘‘(ii) an individual’s legal rights con-
cerning interactions with peace officers; 
‘‘(iii) best practices for civilians and 
peace officers during such interactions; 
‘‘(iv) the consequences for an individ-
ual’s or officer’s failure to comply with 
those laws and programs; and 
‘‘(v) how and where to file a com-
plaint against or a compliment on behalf of 
a peace officer. 
‘‘(B) PEACE
OFFICER
TRAINING
PRO-
GRAMS.—Development and implementation of a
781 
training program, including instruction and 
testing materials, for peace officers and reserve 
law enforcement officers (other than officers 
who have received training in a civilian course 
described in subparagraph (A)) with respect to 
proper interaction with civilians during traffic 
stops. 
‘‘(4) GRANT AMOUNT.—The allocation of grant 
funds to a State under this subsection for a fiscal 
year shall be in proportion to the State’s apportion-
ment under section 402 for fiscal year 2009. 
‘‘(5) SPECIAL RULE FOR CERTAIN STATES.— 
‘‘(A) QUALIFYING STATE.—A State quali-
fies pursuant to this subparagraph if— 
‘‘(i) the Secretary determines such 
State has taken meaningful steps toward 
the full implementation of a law or pro-
gram described in paragraph (3); 
‘‘(ii) the Secretary determines such 
State has established a timetable for the 
implementation of such a law or program; 
and 
‘‘(iii) such State has received a grant 
pursuant to this subsection for a period of 
not more than 5 years.
782 
‘‘(B) WITHHOLDING.—With respect to a 
State that qualifies pursuant to subparagraph 
(A), the Secretary shall— 
‘‘(i) withhold 50 percent of the 
amount that such State would otherwise 
receive if such State were a State described 
in paragraph (1)(A); and 
‘‘(ii) direct any such amounts for dis-
tribution among the States that are enforc-
ing and carrying out a law or program de-
scribed in paragraph (3). 
‘‘(6) USE OF GRANT AMOUNTS.—A State re-
ceiving a grant under this subsection may use such 
grant— 
‘‘(A) for the production of educational ma-
terials and training of staff for driver education 
and driving safety courses and peace officer 
training described in paragraph (3); and 
‘‘(B) for the implementation of the law de-
scribed in paragraph (3).’’. 
(b) CONFORMING AMENDMENT.—Sections 402, 403, 
and 405 of title 23, United States Code, are amended— 
(1) by striking ‘‘accidents’’ and inserting 
‘‘crashes’’ each place it appears; and
783 
(2) by striking ‘‘accident’’ and inserting 
‘‘crash’’ each place it appears. 
SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS 
FOR DRIVING WHILE INTOXICATED OR DRIV-
ING UNDER THE INFLUENCE. 
Section 164(b)(1) of title 23, United States Code, is 
amended— 
(1) in subparagraph (A) by striking ‘‘alcohol- 
impaired’’ and inserting ‘‘alcohol or polysubstance- 
impaired’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘alcohol-impaired’’ and in-
serting ‘‘alcohol or polysubstance-impaired’’; 
(B) by striking ‘‘or’’ and inserting a 
comma; and 
(C) by inserting ‘‘, or driving while 
polysubstance-impaired’’ after ‘‘driving under 
the influence’’. 
SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT 
ELIGIBILITY. 
Section 4010(2) of the FAST Act (23 U.S.C. 405 
note) is amended by striking ‘‘deficiencies’’ and inserting 
‘‘all deficiencies’’.
784 
SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING 
GRANTS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall make grants to institutions of higher education (as 
such term is defined in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001) for research and 
training in the operation or establishment of an implicit 
bias training program as it relates to racial profiling at 
traffic stops. 
(b) QUALIFICATIONS.—To be eligible for a grant 
under this section, an institution of higher education 
shall— 
(1) have an active research program or dem-
onstrate, to the satisfaction of the Secretary, that 
the applicant is beginning a research program to 
study implicit bias as it relates to racial profiling be-
fore and during traffic stops; and 
(2) partner with State and local police depart-
ments to conduct the research described in para-
graph (1) and carry out the implementation of im-
plicit bias training with State and local police de-
partments. 
(c) REPORT.—No later than 1 year after a grant has 
been awarded under this section, the institution of higher 
education awarded the grant shall submit to the Com-
mittee on Transportation and Infrastructure of the House
785 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report sum-
marizing the research on implicit bias as it relates to racial 
profiling before and during traffic stops, and recommenda-
tions on effective interventions and trainings. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 for each 
fiscal year to carry out this section. 
(e) DEFINITIONS.—In this section, the term ‘‘implicit 
bias training program’’ means a program that looks at the 
attitudes, stereotypes, and lenses human beings develop 
through various experiences in life that can unconsciously 
affect how they interact with one another. 
SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING. 
Section 4007 of the FAST Act (23 U.S.C. 153 note) 
is amended— 
(1) in paragraph (1) by striking ‘‘or’’ at the 
end; 
(2) in paragraph (2) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) otherwise profile and stop motorcycle oper-
ators or motorcycle passengers using as a factor the 
clothing or mode of transportation of such operators 
or passengers.’’.
786 
SEC. 3012. ELECTRONIC DRIVER’S LICENSE. 
(a) REAL ID ACT.—Section 202(a)(1) of the REAL 
ID Act of 2005 (49 U.S.C. 30301 note) is amended by 
striking ‘‘a driver’s license or identification card’’ and in-
serting ‘‘a physical or digital driver’s license or identifica-
tion card’’. 
(b) TITLE 18.—Section 1028(d)(7)(A) of title 18, 
United States Code, is amended by striking ‘‘government 
issued driver’s license’’ and inserting ‘‘government issued 
physical or digital driver’s license’’. 
SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Motorcyclist Advisory Council Reauthorization Act’’. 
(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Trans-
portation shall establish a Motorcyclist Advisory Council 
(in this section referred to as the ‘‘Council’’). 
(c) DUTIES.— 
(1) ADVISING.—The Council shall advise the 
Secretary, the Administrator of the National High-
way Traffic Safety Administration, and the Adminis-
trator of the Federal Highway Administration on 
transportation issues of concern to motorcyclists, in-
cluding— 
(A) barrier design;
787 
(B) road design, construction, and mainte-
nance practices; and 
(C) the architecture and implementation of 
intelligent transportation system technologies. 
(2) BIENNIAL COUNCIL REPORT.— 
(A) IN GENERAL.—The Council shall sub-
mit a report to the Secretary containing the 
Council’s recommendations regarding the issues 
described in paragraph (1) on which the Coun-
cil provides advice pursuant to such paragraph. 
(B) TIMING.—Not later than October 31 
of the calendar year following the calendar year 
in which the Council is established, and by 
every 2nd October 31 thereafter, the Council 
shall submit the report required under this 
paragraph. 
(d) MEMBERSHIP.— 
(1) IN GENERAL.—The Council shall be com-
prised of 12 members appointed by the Secretary as 
follows: 
(A) Five experts from State or local gov-
ernment on highway engineering issues, includ-
ing— 
(i) barrier design;
788 
(ii) road design, construction, and 
maintenance; or 
(iii) intelligent transportation systems. 
(B) One State or local traffic and safety 
engineer, design engineer, or other transpor-
tation department official who is a motorcyclist. 
(C) One representative from a national as-
sociation of State transportation officials. 
(D) One representative from a national 
motorcyclist association. 
(E) One representative from a national 
motorcyclist foundation. 
(F) One representative from a national 
motorcycle manufacturing association. 
(G) One roadway safety data expert on 
crash testing and analysis. 
(H) One member of a national safety orga-
nization that represents the traffic safety sys-
tems industry. 
(2) DURATION.— 
(A) TERM.—Subject to subparagraphs (B) 
and (C), each member shall serve one term of 
2 years. 
(B) ADDITIONAL TERMS.—If a successor is 
not designated for a member before the expira-
789 
tion of the term the member is serving, the 
member may serve another term. 
(C) APPOINTMENT OF REPLACEMENTS.—If 
a member resigns before serving a full 2-year 
term, the Secretary may appoint a replacement 
for such member to serve the remaining portion 
such term. A member may continue to serve 
after resignation until a successor has been ap-
pointed. A vacancy in the Council shall be filled 
in the manner in which the original appoint-
ment was made. 
(3) 
COMPENSATION.—Members 
shall 
serve 
without compensation. 
(e) TERMINATION.—The Council shall terminate 6 
years after the date of its establishment. 
(f) DUTIES OF THE SECRETARY.— 
(1) ACCEPT OR REJECT RECOMMENDATION.— 
(A) SECRETARY DETERMINES.—The Sec-
retary shall determine whether to accept or re-
ject a recommendation contained in a Council 
report. 
(B) TIMING.— 
(i) MUST ACCEPT OR REJECT.—The 
Secretary must indicate in each report sub-
mitted under this section the Secretary’s
790 
acceptance or rejection of each rec-
ommendation listed in such report. 
(ii) EXCEPTION.—The Secretary may 
indicate in a report submitted under this 
section that a recommendation is under 
consideration. If the Secretary does so, the 
Secretary must accept or reject the rec-
ommendation in the next report submitted 
under this section. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 60 days 
after the Secretary receives a Council report, 
the Secretary shall submit a report to the fol-
lowing committees and subcommittees: 
(i) The Committee on Transportation 
and Infrastructure of the House of Rep-
resentatives. 
(ii) The Committee on Environment 
and Public Works of the Senate. 
(iii) The Committee on Commerce, 
Science, and Transportation of the Senate. 
(iv) The Subcommittee on Transpor-
tation, and Housing and Urban Develop-
ment, and Related Agencies of the Com-
791 
mittee on Appropriations of the House of 
Representatives. 
(v) The Subcommittee on Transpor-
tation, and Housing and Urban Develop-
ment, and Related Agencies of the Com-
mittee on Appropriations of the Senate. 
(B) 
CONTENTS.—A 
report 
submitted 
under this subsection shall include— 
(i) a list containing— 
(I) each recommendation con-
tained in the Council report described 
in paragraph (1); and 
(II) each recommendation indi-
cated as under consideration in the 
previous report submitted under this 
subsection; and 
(ii) for each such recommendation, 
whether it is accepted, rejected, or under 
consideration by the Secretary. 
(3) ADMINISTRATIVE
AND
TECHNICAL
SUP-
PORT.—The Secretary shall provide such adminis-
trative support, staff, and technical assistance to the 
Council as the Secretary determines to be necessary 
for the Council to carry out its duties. 
(g) DEFINITIONS.—In this section:
792 
(1) COUNCIL REPORT.—The term ‘‘Council re-
port’’ means the report described in subsection 
(f)(2). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 3014. REPORT ON MARIJUANA RESEARCH. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Transpor-
tation, in consultation with the Attorney General and the 
Secretary of Health and Human Services, shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate, and 
make publicly available on the Department of Transpor-
tation website, a report and recommendations on— 
(1) increasing and improving access, for sci-
entific researchers studying impairment while driv-
ing under the influence of marijuana, to samples 
and strains of marijuana and products containing 
marijuana lawfully being offered to patients or con-
sumers in a State on a retail basis; 
(2) establishing a national clearinghouse to col-
lect and distribute samples and strains of marijuana 
for scientific research that includes marijuana and
793 
products containing marijuana lawfully available to 
patients or consumers in a State on a retail basis; 
(3) facilitating access, for scientific researchers 
located in States that have not legalized marijuana 
for medical or recreational use, to samples and 
strains of marijuana and products containing mari-
juana from such clearinghouse for purposes of re-
search on marijuana-impaired driving; and 
(4) identifying Federal statutory and regulatory 
barriers to the conduct of scientific research and the 
establishment of a national clearinghouse for pur-
poses of facilitating research on marijuana-impaired 
driving. 
(b) DEFINITION OF MARIJUANA.—In this section, the 
term ‘‘marijuana’’ has the meaning given such term in 
section 4008 of the FAST Act (Public Law 114–94). 
TITLE IV—MOTOR CARRIER 
SAFETY 
Subtitle A—Motor Carrier Safety 
Grants, Operations, and Programs 
SEC. 4101. MOTOR CARRIER SAFETY GRANTS. 
(a) IN GENERAL.—Section 31104 of title 49, United 
States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following:
794 
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol-
lowing sums are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Ac-
count): 
‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO-
GRAM.—Subject to paragraph (2) and subsection (c), 
to carry out section 31102 (except subsection (l))— 
‘‘(A) $388,950,000 for fiscal year 2022; 
‘‘(B) $398,700,000 for fiscal year 2023; 
‘‘(C) $408,900,000 for fiscal year 2024; 
and 
‘‘(D) $418,425,000 for fiscal year 2025. 
‘‘(2) HIGH-PRIORITY
ACTIVITIES
PROGRAM.— 
Subject to subsection (c), to carry out section 
31102(l)— 
‘‘(A) $72,604,000 for fiscal year 2022; 
‘‘(B) $74,424,000 for fiscal year 2023; 
‘‘(C) $76,328,000 for fiscal year 2024; and 
‘‘(D) $78,106,000 for fiscal year 2025. 
‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS 
GRANT PROGRAM.—To carry out section 31103— 
‘‘(A) $1,037,200 for fiscal year 2022; 
‘‘(B) $1,063,200 for fiscal year 2023; 
‘‘(C) $1,090,400 for fiscal year 2024; and 
‘‘(D) $1,115,800 for fiscal year 2025.
795 
‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION PROGRAM.—Subject to subsection 
(c), to carry out section 31313— 
‘‘(A) $56,008,800 for fiscal year 2022; 
‘‘(B) $57,412,800 for fiscal year 2023; 
‘‘(C) $58,881,600 for fiscal year 2024; and 
‘‘(D) $60,253,200 for fiscal year 2025.’’; 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) PARTNER TRAINING AND PROGRAM SUPPORT.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year, or as soon after that date as practicable, the 
Secretary may deduct from amounts made available 
under paragraphs (1), (2), and (4) of subsection (a) 
for that fiscal year not more than 1.50 percent of 
those amounts for partner training and program 
support in that fiscal year. 
‘‘(2) USE OF FUNDS.—The Secretary shall use 
at least 75 percent of the amounts deducted under 
paragraph (1) on training and related training mate-
rials for non-Federal Government employees. 
‘‘(3) PARTNERSHIP.—The Secretary shall carry 
out the training and development of materials pursu-
ant to paragraph (2) in partnership with one or