806 
(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’’. 
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)) to carry out re-
search, development, technology transfer, and training ac-
tivities 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— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00806
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
807 
(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 
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 $20,000,000 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 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00807
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
808 
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.’’. 
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’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00808
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
809 
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; 
(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. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00809
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
810 
(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; 
(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. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00810
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
811 
(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-
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 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00811
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
812 
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 
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. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00812
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
813 
(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-
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— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00813
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
814 
(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: 
(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 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00814
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
815 
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 
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 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00815
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
816 
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). 
SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL 
DUI REPORTING. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the reporting of 
alcohol-impaired driving arrest and citation results into 
Federal databases to facilitate the widespread identifica-
tion of repeat impaired driving offenders. 
(b) INCLUSIONS.—The study conducted under sub-
section (a) shall include a detailed assessment of— 
(1) the extent to which State and local criminal 
justice agencies are reporting alcohol-impaired driv-
ing arrest and citation results into Federal data-
bases; 
(2) barriers on the Federal, State, and local lev-
els to the reporting of alcohol-impaired driving ar-
rest and citation results into Federal databases, as 
well as barriers to the use of those systems by crimi-
nal justice agencies; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00816
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
817 
(3) Federal, State, and local resources available 
to improve the reporting of alcohol-impaired driving 
arrest and citation results into Federal databases; 
(4) recommendations for policies and programs 
to be carried out by the National Highway Traffic 
Safety Administration; and 
(5) recommendations for programs and grant 
funding to be authorized by Congress. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate committees 
of Congress a report on the results of the study conducted 
under subsection (a). 
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: 
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol-
lowing sums are authorized to be appropriated from the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00817
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
818 
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 2023; 
‘‘(B) $398,700,000 for fiscal year 2024; 
‘‘(C) $408,900,000 for fiscal year 2025; 
and 
‘‘(D) $418,425,000 for fiscal year 2026. 
‘‘(2) HIGH-PRIORITY
ACTIVITIES
PROGRAM.— 
Subject to subsection (c), to carry out section 
31102(l)— 
‘‘(A) $72,604,000 for fiscal year 2023; 
‘‘(B) $74,424,000 for fiscal year 2024; 
‘‘(C) $76,328,000 for fiscal year 2025; and 
‘‘(D) $78,106,000 for fiscal year 2026. 
‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS 
GRANT PROGRAM.—To carry out section 31103— 
‘‘(A) $1,037,200 for fiscal year 2023; 
‘‘(B) $1,063,200 for fiscal year 2024; 
‘‘(C) $1,090,400 for fiscal year 2025; and 
‘‘(D) $1,115,800 for fiscal year 2026. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00818
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
819 
‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION PROGRAM.—Subject to subsection 
(c), to carry out section 31313— 
‘‘(A) $56,008,800 for fiscal year 2023; 
‘‘(B) $57,412,800 for fiscal year 2024; 
‘‘(C) $58,881,600 for fiscal year 2025; and 
‘‘(D) $60,253,200 for fiscal year 2026.’’; 
(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 1.8 percent of 
those amounts for partner training and program 
support in that fiscal year. 
‘‘(2) USE OF FUNDS.—The Secretary shall use 
at least 50 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 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00819
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
820 
more nonprofit organizations, through a competitive 
grant, that have— 
‘‘(A) expertise in conducting a training 
program for non-Federal Government employ-
ees; and 
‘‘(B) a demonstrated ability to involve in a 
training program the target population of com-
mercial motor vehicle safety enforcement em-
ployees.’’; 
(3) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘the next 
fiscal year’’ and inserting ‘‘the following 2 fiscal 
years’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘section 31102(l)(2)’’ 
and inserting ‘‘paragraphs (2) and (4) of 
section 31102(l)’’; 
(ii) by striking ‘‘the next 2 fiscal 
years’’ and inserting ‘‘the following 3 fiscal 
years’’; and 
(C) in paragraph (3) by striking ‘‘the next 
4 fiscal years’’ and inserting ‘‘the following 5 
fiscal years’’; and 
(4) by adding at the end the following: 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00820
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
821 
‘‘(j) TREATMENT
OF REALLOCATIONS.—Amounts 
that are obligated and subsequently, after the date of en-
actment of this subsection, released back to the Secretary 
under subsection (i) shall not be subject to limitations on 
obligations provided under any other provision of law.’’. 
(b) COMMERCIAL DRIVER’S LICENSE PROGRAM IM-
PLEMENTATION FINANCIAL ASSISTANCE PROGRAM.—Sec-
tion 31313(b) of title 49, United States Code, is amend-
ed— 
(1) by striking the period at the end and insert-
ing ‘‘; and’’; 
(2) by striking ‘‘A recipient’’ and inserting the 
following: ‘‘In participating in financial assistance 
program under this section— 
‘‘(1) a recipient’’; and 
(3) by adding at the end the following: 
‘‘(2) a State may not receive more than 
$250,000 in grants under subsection (a)(2)(B) in 
any fiscal year— 
‘‘(A) in which the State prohibits private 
commercial driving schools or independent com-
mercial driver’s license testing facilities from of-
fering a commercial driver’s license skills test 
as a third-party tester; or 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00821
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
822 
‘‘(B) in which a State fails to report to the 
Administrator of the Federal Motor Carrier 
Safety Administration, during the previous fis-
cal year, the average number of days of delays 
for an initial commercial driver’s license skills 
test or retest within the State.’’. 
SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND 
PROGRAMS. 
(a) IN GENERAL.—Section 31110 of title 49, United 
States Code, is amended by striking subsection (a) and 
inserting the following: 
‘‘(a) ADMINISTRATIVE EXPENSES.—There is author-
ized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) for the Secretary 
of Transportation to pay administrative expenses of the 
Federal Motor Carrier Safety Administration— 
‘‘(1) $380,500,000 for fiscal year 2023; 
‘‘(2) $381,500,000 for fiscal year 2024; 
‘‘(3) $382,500,000 for fiscal year 2025; and 
‘‘(4) $384,500,000 for fiscal year 2026.’’. 
(b) ADMINISTRATIVE EXPENSES.— 
(1) USE OF FUNDS.—The Administrator of the 
Federal Motor Carrier Safety Administration shall 
use funds made available in subsection (a) for— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00822
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
823 
(A) acceleration of planned investments to 
modernize the Administration’s information 
technology and information management sys-
tems; 
(B) completing outstanding mandates; 
(C) carrying out a Large Truck Crash 
Causal Factors Study of the Administration; 
(D) construction and maintenance of bor-
der facilities; and 
(E) other activities authorized under sec-
tion 31110(b) of title 49, United States Code. 
(2) DEFINITION OF OUTSTANDING MANDATE.— 
In this subsection, the term ‘‘outstanding mandate’’ 
means a requirement for the Federal Motor Carrier 
Safety Administration to issue regulations, under-
take a comprehensive review or study, conduct a 
safety assessment, or collect data— 
(A) under this Act; 
(B) under MAP–21 (Public Law 112– 
141), that has not been published in the Fed-
eral Register, if required, or otherwise com-
pleted as of the date of enactment of this Act; 
(C) under the FAST Act (Public Law 
114–94), that has not been published in the 
Federal Register, if required, or otherwise com-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00823
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
824 
pleted as of the date of enactment of this Act; 
and 
(D) under any other Act enacted before 
the date of enactment of this Act that has not 
been published in the Federal Register by the 
date required in such Act. 
SEC. 4103. IMMOBILIZATION GRANT PROGRAM. 
Section 31102(l) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘and (3)’’ and 
inserting ‘‘, (3), and (4)’’; 
(2) in paragraph (2)(F)(ii)(II) by inserting ‘‘, 
specifically including the priority activities described 
in paragraph (4)’’ after ‘‘required for participation’’; 
and 
(3) by adding at the end the following: 
‘‘(4) PRIORITIZATION
OF
IMMOBILIZING
UN-
SAFE
PASSENGER-CARRYING
COMMERCIAL
MOTOR 
VEHICLES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
prioritize the awarding of discretionary grants 
to States for activities related to paragraph 
(2)(F)(II) for the enforcement of out of service 
orders if such vehicles are found to be unsafe 
or have violated a Federal out of service order. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00824
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
825 
‘‘(B) ELIGIBILITY.—To be eligible for a 
grant described under this paragraph, a State 
shall have the authority to require the immo-
bilization or impoundment of a passenger-car-
rying commercial motor vehicle if such vehicle is 
found to be unsafe or fail inspection or to have 
violated a Federal out of service order. 
‘‘(C) USE
OF
FUNDS.—Grant funds re-
ceived under this paragraph may be used for— 
‘‘(i) the immobilization or impound-
ment of commercial motor vehicles that are 
unsafe, fail inspection, or have violated a 
Federal out of service order; 
‘‘(ii) safety inspections of vehicles de-
scribed in clause (i); 
‘‘(iii) other activities related to the ac-
tivities described in clauses (i) and (ii), as 
determined by the Secretary. 
‘‘(D) PASSENGER-CARRYING
COMMERCIAL 
MOTOR VEHICLE DEFINED.—In this paragraph, 
the term ‘passenger-carrying commercial motor 
vehicle’ has the meaning given such term in sec-
tion 31301.’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00825
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
826 
SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES 
STUDY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall initiate a review of the prevalence of, charac-
teristics of, and safe operation of commercial vehicles that 
have a gross vehicle weight rating or gross vehicle weight 
below 10,000 pounds, and are utilized in package delivery 
of goods moving in interstate commerce. 
(b) INDEPENDENT RESEARCH.—If the Secretary de-
cides to enter into a contract with a third party to perform 
the research required under subsection (a), the Secretary 
shall— 
(1) solicit applications from research institu-
tions that conduct objective, fact-based research to 
conduct the study; and 
(2) ensure that such third party does not have 
any financial or contractual ties with an entity en-
gaged in interstate commerce utilizing commercial 
vehicles or commercial motor vehicles. 
(c) ENTITIES INCLUDED.—As part of the review, the 
Secretary shall collect information from a cross-section of 
companies that use fleets of such vehicles for package de-
livery in interstate commerce, including companies that— 
(1) directly perform deliveries; 
(2) use contracted entities to perform work; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00826
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
827 
(3) utilize a combination of direct deliveries and 
contract entities. 
(d) EVALUATION FACTORS.—The review shall include 
an evaluation of the following: 
(1) Fleet characteristics, including fleet struc-
ture, and vehicle miles traveled. 
(2) Fleet management, including scheduling of 
deliveries and maintenance practices. 
(3) Driver employment characteristics, includ-
ing the basis of compensation and classification. 
(4) How training, medical fitness, hours on 
duty, and safety of drivers is evaluated and overseen 
by companies, including prevention of occupational 
injuries and illnesses. 
(5) Safety performance metrics, based on data 
associated with the included entities, including crash 
rates, moving violations, failed inspections, and other 
related data points. 
(6) Financial responsibility and liability for 
safety or maintenance violations among companies, 
fleet managers, and drivers. 
(7) Loading and unloading practices, and how 
package volume and placement in the vehicle is de-
termined. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00827
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
828 
(8) Other relevant information determined nec-
essary by the Secretary in order to make rec-
ommendations under subsection (e). 
(e) REPORT AND RECOMMENDATIONS.—Upon com-
pletion of the review, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce of the Senate a report containing— 
(1) the findings of the Secretary on each of the 
factors in (d); 
(2) a list of regulations applicable to commer-
cial motor vehicles and commercial motor vehicle op-
erators that are not applicable to commercial vehicle 
operations described in this section; and 
(3) recommendations, based on the findings, on 
changes to laws or regulations at the Federal, State, 
or local level to promote safe operations and safe 
and fair working conditions for commercial vehicle 
operators. 
Subtitle B—Motor Carrier Safety 
Oversight 
SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COM-
MITTEE. 
Section 4144 of SAFETEA–LU (49 U.S.C. 31100 
note) is amended— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00828
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
829 
(1) in subsection (b)(1) by inserting ‘‘, includ-
ing small business motor carriers’’ after ‘‘industry’’; 
and 
(2) in subsection (d) by striking ‘‘September 
30, 2013’’ and inserting ‘‘September 30, 2026’’. 
SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall implement a revised methodology to be used 
in the Compliance, Safety, Accountability program of the 
Federal Motor Carrier Safety Administration to identify 
and prioritize motor carriers for intervention, using the 
recommendations of the study required by section 5221(a) 
of the FAST Act (49 U.S.C. 31100 note). 
(b) DATA AVAILABILITY.—The Secretary shall, in 
working toward implementation of the revised method-
ology described in subsection (a) prioritize revisions nec-
essary to— 
(1) restore the public availability of all relevant 
safety data under a revised methodology; and 
(2) make such safety data publicly available 
that was made publicly available on the day before 
the date of enactment of the FAST Act, as appro-
priate under a revised methodology. 
(c) IMPLEMENTATION.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00829
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
830 
(1) PROGRESS REPORTS.—Not later than 30 
days after the date of enactment of this Act, and 
every 90 days thereafter until the date on which the 
Secretary implements the revised methodology de-
scribed in subsection (a), the Secretary shall submit 
to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate, and make publicly available on a website 
of the Department of Transportation, a progress re-
port on— 
(A) the status of the revision of the meth-
odology and related data modifications under 
subsection (a), a timeline for completion of such 
revision, and an estimated date for implementa-
tion of such revised methodology; 
(B) an explanation for any delays in devel-
opment or implementation of the revised meth-
odology over the reporting period; and 
(C) if the Secretary has not resumed mak-
ing publicly available the data described in sub-
section (b), an updated timeline for the restora-
tion of the public availability of data and a de-
tailed explanation for why such restoration has 
not occurred. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00830
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
831 
(2) PUBLICATION
AND
NOTIFICATION.—Prior 
to commencing the use of the revised methodology 
described in subsection (a) to identify and prioritize 
motor carriers for intervention (other than in a test-
ing capacity), the Secretary shall— 
(A) publish a detailed summary of the 
methodology in the Federal Register and pro-
vide a period for public comment; and 
(B) notify the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate, in 
writing. 
(d) SAFETY FITNESS RULE.— 
(1) RULEMAKING.—Not later than 1 year after 
the date on which the Secretary notifies Congress 
under subsection (c)(2), the Secretary shall issue 
final regulations pursuant to section 31144(b) of 
title 49, United States Code, to revise the method-
ology for issuance of motor carrier safety fitness de-
terminations. 
(2) CONSIDERATIONS.—In issuing the regula-
tions under paragraph (1), the Secretary shall con-
sider the use of all available data to determine the 
fitness of a motor carrier. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00831
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
832 
(e) REPEAL.—Section 5223 of the FAST Act (49 
U.S.C. 31100 note), and the item related to such section 
in the table of contents in section 1(b) of such Act, are 
repealed. 
SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS. 
Section 31315 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (4)(A) by inserting ‘‘, in-
cluding data submission requirements,’’ after 
‘‘terms and conditions’’; and 
(B) by striking paragraph (8) and insert-
ing the following: 
‘‘(8) TERMS AND CONDITIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish terms and conditions for each exemp-
tion to ensure that the exemption will not likely 
degrade the level of safety achieved by the per-
son or class of persons granted the exemption, 
and allow the Secretary to evaluate whether an 
equivalent level of safety is maintained while 
the person or class of persons is operating 
under such exemption, including— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00832
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
833 
‘‘(i) requiring the regular submission 
of accident and incident data to the Sec-
retary; 
‘‘(ii) requiring immediate notification 
to the Secretary in the event of a crash 
that results in a fatality or serious bodily 
injury; 
‘‘(iii) for exemptions granted by the 
Secretary related to hours of service rules 
under part 395 of title 49, Code of Federal 
Regulations, requiring that the exempt 
person or class of persons submit to the 
Secretary evidence of participation in a 
recognized fatigue management plan; and 
‘‘(iv) providing documentation of the 
authority to operate under the exemption 
to each exempt person, to be used to dem-
onstrate compliance if requested by a 
motor carrier safety enforcement officer 
during a roadside inspection. 
‘‘(B) IMPLEMENTATION.—The Secretary 
shall monitor the implementation of the exemp-
tion to ensure compliance with its terms and 
conditions.’’; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00833
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
834 
(2) in subsection (e) by inserting ‘‘, based on an 
analysis of data collected by the Secretary and sub-
mitted to the Secretary under subsection (b)(8)’’ 
after ‘‘safety’’. 
SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PAS-
SENGERS. 
Section 31144(i) of title 49, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A) by striking ‘‘who 
the Secretary registers under section 13902 or 
31134’’; and 
(B) in subparagraph (B) by inserting ‘‘to 
motor carriers of passengers and’’ after 
‘‘apply’’; and 
(2) by adding at the end the following: 
‘‘(5) MOTOR
CARRIER
OF
PASSENGERS
DE-
FINED.—In this subsection, the term ‘motor carrier 
of passengers’ includes an offeror of motorcoach 
services that sells scheduled transportation of pas-
sengers for compensation at fares and on schedules 
and routes determined by such offeror, regardless of 
ownership or control of the vehicles or drivers used 
to provide the transportation by motorcoach.’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00834
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
835 
SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES. 
Section 13506(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (2) by striking ‘‘or’’ at the 
end; 
(2) in paragraph (3) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(4) transportation by a motor vehicle designed 
or used to transport between 9 and 15 passengers 
(including the driver), whether operated alone or 
with a trailer attached for the transport of rec-
reational equipment, that is operated by a person 
that provides recreational activities if— 
‘‘(A) the transportation is provided within 
a 150 air-mile radius of the location where pas-
sengers are boarded; and 
‘‘(B) the person operating the motor vehi-
cle, if transporting passengers over a route be-
tween a place in a State and a place in another 
State, is otherwise lawfully providing transpor-
tation of passengers over the entire route in ac-
cordance with applicable State law.’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00835
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
836 
SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO 
TRANSPORTATION OF HOUSEHOLD GOODS IN 
INTERSTATE COMMERCE. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Federal Motor Carrier Safety Ad-
ministration. 
(2) COVERED
CARRIER.—The term ‘‘covered 
carrier’’ means a motor carrier that is— 
(A) engaged in the interstate transpor-
tation of household goods; and 
(B) subject to the requirements of part 
375 of title 49, Code of Federal Regulations (as 
in effect on the effective date of the amend-
ments required by subsection (b)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) AMENDMENTS
TO
REGULATIONS.—Not later 
than 1 year after the date of enactment of this Act, the 
Secretary shall issue a notice of proposed rulemaking to 
amend regulations related to the interstate transportation 
of household goods. 
(c) CONSIDERATIONS.—In issuing the notice of pro-
posed rulemaking under subsection (b), the Secretary shall 
consider the following recommended amendments to provi-
sions of title 49, Code of Federal Regulations: 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00836
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
837 
(1) Section 375.207(b) to require each covered 
carrier to include on the website of the covered car-
rier a link— 
(A) to the publication of the Administra-
tion titled ‘‘Ready to Move–Tips for a Success-
ful Interstate Move’’ (ESA 03005) on the 
website of the Administration; or 
(B) to a copy of the publication referred to 
in subparagraph (A) on the website of the cov-
ered carrier. 
(2) Subsections (a) and (b)(1) of section 
375.213 to require each covered carrier to provide to 
each individual shipper, with any written estimate 
provided to the shipper, a copy of the publication de-
scribed in appendix A of part 375 of such title, enti-
tled ‘‘Your Rights and Responsibilities When You 
Move’’ (ESA–03–006 (or a successor publication)), 
in the form of a written copy or a hyperlink on the 
website of the covered carrier to the location on the 
website of the Administration containing such publi-
cation. 
(3) Subsection (e) of section 375.213, to repeal 
such subsection. 
(4) Section 375.401(a), to require each covered 
carrier— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00837
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
838 
(A) to conduct a visual survey of the 
household goods to be transported by the cov-
ered carrier— 
(i) in person; or 
(ii) virtually, using— 
(I) a remote camera; or 
(II) another appropriate tech-
nology; 
(B) to offer a visual survey described in 
subparagraph (A) for all household goods ship-
ments, regardless of the distance between— 
(i) the location of the household 
goods; and 
(ii) the location of the agent of the 
covered carrier preparing the estimate; and 
(C) to provide to each shipper a copy of 
publication of the Administration titled ‘‘Ready 
to Move–Tips for a Successful Interstate Move’’ 
(ESA 03005) on receipt from the shipper of a 
request to schedule, or a waiver of, a visual sur-
vey offered under subparagraph (B). 
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), 
and 375.405(b)(7)(ii), and subpart D of appendix A 
of part 375, to require that, in any case in which a 
shipper tenders any additional item or requests any 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00838
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
839 
additional service prior to loading a shipment, the 
affected covered carrier shall— 
(A) prepare a new estimate; and 
(B) maintain a record of the date, time, 
and manner in which the new estimate was ac-
cepted by the shipper. 
(6) Section 375.501(a), to establish that a cov-
ered carrier is not required to provide to a shipper 
an order for service if the covered carrier elects to 
provide the information described in paragraphs (1) 
through (15) of such section in a bill of lading that 
is presented to the shipper before the covered carrier 
receives the shipment. 
(7) Subpart H of part 375, to replace the re-
place the terms ‘‘freight bill’’ and ‘‘expense bill’’ 
with the term ‘‘invoice’’. 
SEC. 4207. BROKER GUIDANCE. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue guidance to clarify the definitions of the 
terms ‘‘broker’’ and ‘‘bona fide agents’’ under part 371 
of title 49, Code of Federal Regulations. 
(b) CONSIDERATIONS.—In issuing the guidance 
under subsection (a), the Secretary shall consider the ex-
tent to which technology has changed the nature of freight 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00839
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
840 
brokerage, the role of bona fide agents, and other aspects 
of the freight transportation industry. 
(c) DISPATCH SERVICES.—In issuing the guidance 
under subsection (a), the Secretary shall, at a minimum— 
(1) examine the role of a dispatch service in the 
transportation industry; 
(2) examine the extent to which dispatch serv-
ices could be considered brokers or bona fide agents; 
and 
(3) clarify the level of financial penalties for un-
authorized brokerage activities under section 14916 
of title 49, United States Code, applicable to a dis-
patch service. 
Subtitle C—Commercial Motor 
Vehicle Driver Safety 
SEC. 4301. COMMERCIAL DRIVER’S LICENSE FOR PAS-
SENGER CARRIERS. 
Section 31301 of title 49, United States Code, is 
amended— 
(1) in paragraph (4)— 
(A) in subparagraph (B) by striking ‘‘or’’; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) 
the following: 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00840
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
841 
‘‘(C) is designed or used as a stretch lim-
ousine; or’’; 
(2) by redesignating paragraph (15) as para-
graph (16); and 
(3) by inserting after paragraph (14) the fol-
lowing: 
‘‘(15) ‘stretch limousine’ means any sedan or 
sports utility vehicle that— 
‘‘(A) has been modified to add seating ca-
pacity to that provided by the vehicle manufac-
turer through an extended chassis, lengthened 
wheelbase, or an elongated seating area; 
‘‘(B) as modified, has a seating capacity of 
more than 8 passengers (including the driver); 
‘‘(C) is used under trip-by-trip contracts 
for the transportation of passengers for com-
pensation on a prearranged basis; and 
‘‘(D) is not used for public transportation 
service, as such term is defined in section 
5302;’’. 
SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TEST-
ING. 
Section 31306(c)(2) of title 49, United States Code, 
is amended by striking ‘‘, for urine testing,’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00841
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
842 
SEC. 4303. ENTRY-LEVEL DRIVER TRAINING. 
Not later than 30 days after the date of enactment 
of this Act, and every 90 days thereafter until the compli-
ance date for the final rule published on December 8, 
2016, titled ‘‘Minimum Training Requirements for Entry- 
Level Commercial Motor Vehicle Operators’’ (81 Fed. 
Reg. 88732), the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on— 
(1) a schedule, including benchmarks, to com-
plete implementation of the requirements under such 
final rule; 
(2) any anticipated delays, if applicable, in 
meeting the benchmarks described in paragraph (1); 
(3) the progress that the Secretary has made in 
updating the Department of Transportation’s infor-
mation technology infrastructure to support the 
training provider registry; 
(4) a list of States that have adopted laws or 
regulations to implement such final rule; and 
(5) a list of States, if applicable, that are imple-
menting the rule and confirming that an applicant 
for a commercial driver’s license has complied with 
the requirements. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00842
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
843 
SEC. 4304. DRIVER DETENTION TIME. 
(a) DATA COLLECTION.—Not later than 30 days 
after the date of enactment of this Act, the Secretary 
shall— 
(1) begin to collect data on delays experienced 
by operators of commercial motor vehicles, as re-
quired under section 5501 of the FAST Act (49 
U.S.C. 14103 note) and as referenced in the request 
for information published on June 10, 2019, titled 
‘‘Request for Information Concerning Commercial 
Motor Vehicle Driver Detention Times During Load-
ing and Unloading’’ (84 Fed. Reg. 26932); and 
(2) make such data available on a publicly ac-
cessible website of the Department of Transpor-
tation. 
(b) DETENTION TIME LIMITS.— 
(1) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall initiate a rulemaking to establish limits on the 
amount of time that an operator of a commercial 
motor vehicle may be reasonably detained by a ship-
per or receiver before the loading or unloading of the 
vehicle, if the operator is not compensated for such 
time detained. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00843
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
844 
(2) CONTENTS.—As part of the rulemaking 
conducted pursuant to subsection (a), the Secretary 
shall— 
(A) consider the diverse nature of oper-
ations in the movement of goods by commercial 
motor vehicle; 
(B) examine any correlation between time 
detained and violations of the hours-of-service 
rules under part 395 of title 49, Code of Fed-
eral Regulations; 
(C) determine whether the effect of deten-
tion time on safety differs based on— 
(i) how an operator is compensated; 
and 
(ii) the contractual relationship be-
tween the operator and the motor carrier, 
including whether an operator is an em-
ployee, a leased owner-operator, or an 
owner-operator with independent authority; 
and 
(D) establish a process for a motor carrier, 
shipper, receiver, broker, or commercial motor 
vehicle operator to report instances of time de-
tained beyond the Secretary’s established limits. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00844
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
845 
(3) INCORPORATION
OF
INFORMATION.—The 
Secretary shall incorporate information received 
under paragraph (2)(D) into the process established 
pursuant to subsection (a) once a final rule takes ef-
fect. 
(c) DATA PROTECTION.—Data made available pursu-
ant to this section shall be made available in a manner 
that— 
(1) precludes the connection of the data to any 
individual motor carrier or commercial motor vehicle 
operator; and 
(2) protects privacy and confidentiality of indi-
viduals, operators, and motor carriers submitting the 
data. 
(d) COMMERCIAL MOTOR VEHICLE DEFINED.—In 
this section, the term ‘‘commercial motor vehicle’’ has the 
meaning given such term in section 31101 of title 49, 
United States Code. 
SEC. 4305. TRUCK LEASING TASK FORCE. 
(a) ESTABLISHMENT.—Not later than 6 months after 
the date of enactment of this Act, the Secretary of Trans-
portation, in consultation with the Secretary of Labor, 
shall establish a Truck Leasing Task Force (hereinafter 
referred to as the ‘‘Task Force’’). 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00845
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
846 
(b) MEMBERSHIP.—The Secretary of Transportation 
shall select not more than 15 individuals to serve as mem-
bers of the Task Force, including equal representation 
from each of the following: 
(1) Labor organizations. 
(2) The motor carrier industry, including inde-
pendent owner-operators. 
(3) Consumer protection groups. 
(4) Safety groups. 
(5) Members of the legal profession who spe-
cialize in consumer finance issues. 
(c) DUTIES.—The Task Force shall examine, at a 
minimum— 
(1) common truck leasing arrangements avail-
able to property-carrying commercial motor vehicle 
drivers, including lease-purchase agreements; 
(2) the terms of such leasing agreements; 
(3) the prevalence of predatory leasing agree-
ments in the motor carrier industry; 
(4) specific agreements available to drayage 
drivers at ports related to the Clean Truck Program 
or similar programs to decrease emissions from port 
operations; 
(5) the impact of truck leasing agreements on 
the net compensation of property-carrying commer-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00846
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
847 
cial motor vehicle drivers, including port drayage 
drivers; 
(6) resources to assist property-carrying com-
mercial motor vehicle drivers in assessing the im-
pacts of leasing agreements; and 
(7) the classification of property-carrying com-
mercial motor vehicle drivers under lease-purchase 
agreements. 
(d) COMPENSATION.—A member of the Task Force 
shall serve without compensation. 
(e) REPORT.—Upon completion of the examination 
described in subsection (c), the Task Force shall submit 
to the Secretary of Transportation, Secretary of Labor, 
and appropriate congressional committees a report con-
taining— 
(1) the findings of the Task Force on the mat-
ters described in subsection (c); 
(2) best practices related to— 
(A) assisting a commercial motor vehicle 
driver in assessing the impacts of leasing agree-
ments prior to entering into such agreements; 
and 
(B) assisting a commercial motor vehicle 
driver who has entered into a predatory lease 
agreement; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00847
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
848 
(3) recommendations on changes to laws or reg-
ulations, as applicable, at the Federal, State, or local 
level to promote fair leasing agreements under which 
a commercial motor vehicle driver is able to earn a 
living wage. 
(f) TERMINATION.—Not later than 1 month after the 
date of submission of the report pursuant to subsection 
(e), the Task Force shall terminate. 
SEC. 4306. HOURS OF SERVICE. 
(a) COMPREHENSIVE REVIEW.— 
(1) COMPREHENSIVE
REVIEW
OF
HOURS
OF 
SERVICE RULES.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall 
initiate a comprehensive review of hours of service 
rules and the impacts of waivers, exemptions, and 
other allowances that limit the applicability of such 
rules. 
(2) CHANGES TO REGULATIONS.—In carrying 
out the comprehensive review under paragraph (1) 
and the required analyses under paragraphs (3) and 
(4), the Secretary shall consider the modifications 
made in the final rule published on June 1, 2020, 
titled ‘‘Hours of Service of Drivers’’ (85 Fed. Reg. 
33396) and evaluate the impacts of the allowance to 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00848
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
849 
operate in excess of the limits in effect prior to June 
1, 2020. 
(3) LIST OF EXEMPTIONS.—In carrying out the 
comprehensive review required under paragraph (1), 
the Secretary shall— 
(A) compile a list of waivers, exemptions, 
and other allowances— 
(i) under which a driver may operate 
in excess of the otherwise applicable limits 
on on-duty or driving time in absence of 
such exemption, waiver, or other allowance; 
(ii) under which a driver may operate 
without recording compliance with hours of 
service rules through the use of an elec-
tronic logging device; and 
(iii) applicable— 
(I) to specific segments of the 
motor carrier industry or sectors of 
the economy; 
(II) on a periodic or seasonal 
basis; and 
(III) to specific types of oper-
ations, including the short haul ex-
emption under part 395 of title 49, 
Code of Federal Regulations; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00849
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
850 
(B) specify whether each such waiver, ex-
emption, or other allowance was granted by the 
Department of Transportation or enacted by 
Congress, and how long such waiver, exemption, 
or other allowance has been in effect; and 
(C) estimate the number of motor carriers, 
motor private carriers, and drivers that may 
qualify to use each waiver, exemption, or other 
allowance. 
(4) SAFETY IMPACT ANALYSIS.— 
(A) IN
GENERAL.—In carrying out the 
comprehensive review under paragraph (1), the 
Secretary, in consultation with State motor car-
rier enforcement entities, shall undertake a sta-
tistically valid analysis to determine the safety 
impact, including on enforcement, of the exemp-
tions, waivers, or other allowances compiled 
under paragraph (2) by— 
(i) using available data, or collecting 
from motor carriers or motor private car-
riers and drivers operating under an ex-
emption, waiver, or other allowance if the 
Secretary does not have sufficient data, to 
determine the incidence of accidents, fa-
tigue-related incidents, and other relevant 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00850
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
851 
safety information related to hours of serv-
ice among motor carriers, private motor 
carriers, and drivers permitted to operate 
under each exemption, waiver, or other al-
lowance; 
(ii) comparing the data described in 
subparagraph (A) to safety data from 
motor carriers, motor private carriers, and 
drivers that are subject to the hours of 
service rules and not operating under an 
exemption, waiver, or other allowance; and 
(iii) based on the comparison under 
subparagraph (B), determining whether 
waivers, exemptions, and other allowances 
in effect provide an equivalent level of safe-
ty as would exist in the absence of exemp-
tions, waivers, or other allowances. 
(B) CONSULTATION.—The Secretary shall 
consult with State motor carrier enforcement 
entities in carrying out this paragraph. 
(C) EXCLUSIONS.—The Secretary shall ex-
clude data related to exemptions, waivers, or 
other allowances made pursuant to an emer-
gency declaration under section 390.23 of title 
49, Code of Federal Regulations, or extended 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00851
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
852 
under section 390.25 of title 49, Code of Fed-
eral Regulations, from the analysis required 
under this paragraph. 
(5) DRIVER IMPACT ANALYSIS.—In carrying out 
the comprehensive review under paragraph (1), the 
Secretary shall further consider— 
(A) data on driver detention collected by 
the Secretary pursuant to section 4304 of this 
Act and other conditions affecting the move-
ment of goods by commercial motor vehicle, and 
how such conditions interact with the Sec-
retary’s regulations on hours of service; 
(B) whether exemptions, waivers, or other 
allowances that permit additional on-duty time 
or driving time have a deleterious effect on the 
physical condition of drivers; and 
(C) whether differences in the manner in 
which drivers are compensated result in dif-
ferent levels of burden for drivers in complying 
with hours of service rules. 
(b) PEER REVIEW.—Prior to the publication of the 
review required under subsection (d), the analyses per-
formed by the Secretary shall undergo an independent 
peer review. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00852
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
853 
(c) PUBLICATION.—Not later than 18 months after 
the date that the Secretary initiates the comprehensive re-
view under subsection (b)(1), the Secretary shall publish 
the findings of such review in the Federal Register and 
provide for a period for public comment. 
(d) REPORT TO CONGRESS.—Not later than 30 days 
after the conclusion of the public comment period under 
subsection (d), the Secretary shall submit to the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives and make publicly 
available on a website of the Department of Transpor-
tation a report containing the information and analyses 
required under subsection (b). 
(e) REPLACEMENT OF GUIDANCE.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall initiate a rulemaking to update the Department of 
Transportation guidance published on June 7, 2018, titled 
‘‘Hours of Service of Drivers of Commercial Motor Vehi-
cles: Regulatory Guidance Concerning the Use of a Com-
mercial Motor Vehicle for Personal Conveyance’’ (83 Fed. 
Reg. 26377) to prescribe specific mileage or time limits, 
or both, for the use of personal conveyance. 
(f) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00853
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
854 
(1) MOTOR
CARRIER; MOTOR
PRIVATE
CAR-
RIER.—The terms ‘‘motor carrier’’ and ‘‘motor pri-
vate carrier’’ have the meanings given such terms in 
section 31501 of title 49, United States Code. 
(2) ON-DUTY
TIME; DRIVING
TIME; ELEC-
TRONIC
LOGGING
DEVICE.—The terms ‘‘on-duty 
time’’, ‘‘driving time’’, and ‘‘electronic logging de-
vice’’ have the meanings given such terms in section 
395.2 of title 49, Code of Federal Regulations (as 
in effect on June 1, 2020). 
SEC. 4307. DRIVER RECRUITMENT. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the inspector general of the 
Department of Transportation 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 Senate a report exam-
ining the operation of commercial motor vehicles in the 
United States by drivers admitted to the United States 
under temporary business visas. 
(b) CONTENTS.—The report under paragraph (1) 
shall include— 
(1) an assessment of— 
(A) the prevalence of the operation of com-
mercial motor vehicles in the United States by 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00854
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
855 
drivers admitted to the United States under 
temporary business visas; 
(B) the characteristics of motor carriers 
that recruit and use such drivers, including the 
country of domicile of the motor carrier or sub-
sidiary; 
(C) the demographics of drivers operating 
in the United States under such visas, including 
the country of domicile of such drivers; and 
(D) the contractual relationship between 
such motor carriers and such drivers; 
(2) an analysis of whether such drivers are re-
quired to comply with— 
(A) motor carrier safety regulations under 
subchapter B of chapter III of title 49, Code of 
Federal Regulations, including— 
(i) the English proficiency require-
ment under section 391.11(2) of title 49, 
Code of Federal Regulations; 
(ii) the requirement for drivers of a 
motor carrier to report any violations of a 
regulation to such motor carrier under sec-
tion 391.27 of title 49, Code of Federal 
Regulations; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00855
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
856 
(iii) driver’s licensing requirements 
under part 383 of title 49, Code of Federal 
Regulations, including entry-level driver 
training and drug and alcohol testing 
under part 382 of such title; and 
(B) regulations prohibiting point-to-point 
transportation in the United States, or cabo-
tage, under part 365 of title 49, Code of Fed-
eral Regulations; 
(3) an evaluation of the safety record of the op-
erations and drivers described in paragraph (1), in-
cluding— 
(A) violations of the motor carrier safety 
regulations under subchapter B of chapter III 
of title 49, Code of Federal Regulations, includ-
ing applicable requirements described in para-
graph (2)(A); and 
(B) the number of crashes involving such 
operations and drivers; and 
(4) the impact of such operations and drivers 
on— 
(A) commercial motor vehicle drivers domi-
ciled in the United States, including employ-
ment levels and driver compensation of such 
drivers; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00856
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
857 
(B) the competitiveness of motor carriers 
domiciled in the United States. 
(c) DEFINITIONS.—In this section: 
(1) COMMERCIAL
MOTOR
VEHICLE.—In this 
section, the term ‘‘commercial motor vehicle’’ has 
the meaning given such term in section 31101 of 
title 49, United States Code. 
(2) TEMPORARY
BUSINESS
VISA.—The term 
‘‘temporary business visa’’ means any driver who is 
present in the United States with status under sec-
tion 101(a)(15)(H)(i)(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)). 
SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall— 
(1) assess the risk posed by untreated obstruc-
tive sleep apnea in drivers of commercial motor vehi-
cles and the feasibility, benefits, and costs associated 
with establishing screening criteria for obstructive 
sleep apnea in drivers of commercial motor vehicles; 
(2) issue a notice in the Federal Register con-
taining the independently peer-reviewed findings of 
the assessment required under paragraph (1) not 
later than 30 days after completion of the assess-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00857
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
858 
ment and provide an opportunity for public com-
ment; and 
(3) if the Secretary contracts with an inde-
pendent third party to conduct the assessment re-
quired under paragraph (1), ensure that the inde-
pendent third party shall not have any financial or 
contractual ties or relationship with a motor carrier 
that transports passengers or property for com-
pensation, the motor carrier industry, or driver ad-
vocacy organizations. 
(b) SCREENING CRITERIA.— 
(1) IN GENERAL.—Not later than 12 months 
after the date of enactment of this Act, the Sec-
retary shall publish in the Federal Register a pro-
posed rule to establish screening criteria for obstruc-
tive sleep apnea in commercial motor vehicle drivers 
and provide an opportunity for public comment. 
(2) FINAL RULE.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall issue a final rule to establish screening criteria 
for obstructive sleep apnea in commercial motor ve-
hicle drivers. 
(c) COMMERCIAL MOTOR VEHICLE DEFINED.—In 
this section, the term ‘‘commercial motor vehicle’’ has the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00858
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
859 
meaning given such term in section 31132 of title 49, 
United States Cod 
SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Promoting Women in Trucking Workforce Act’’. 
(b) FINDINGS.—Congress finds that— 
(1) women make up 47 percent of the work-
force of the United States; 
(2) women are significantly underrepresented in 
the trucking industry, holding only 24 percent of all 
transportation and warehousing jobs and rep-
resenting only— 
(A) 6.6 percent of truck drivers; 
(B) 12.5 percent of all workers in truck 
transportation; and 
(C) 8 percent of freight firm owners; 
(3) given the total number of women truck driv-
ers, women are underrepresented in the truck-driv-
ing workforce; and 
(4) women truck drivers have been shown to be 
20 percent less likely than male counterparts to be 
involved in a crash. 
(c) SENSE OF CONGRESS REGARDING WOMEN IN 
TRUCKING.—It is the sense of Congress that the trucking 
industry should explore every opportunity, including driver 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00859
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
860 
training and mentorship programs, to encourage and sup-
port the pursuit of careers in trucking by women. 
(d) ESTABLISHMENT.—To encourage women to enter 
the field of trucking, the Administrator shall establish and 
facilitate an advisory board, to be known as the ‘‘Women 
of Trucking Advisory Board’’, to promote organizations 
and programs that— 
(1) provide education, training, mentorship, or 
outreach to women in the trucking industry; and 
(2) recruit women into the trucking industry. 
(e) MEMBERSHIP.— 
(1) IN
GENERAL.—The Board shall be com-
posed of not fewer than seven members whose back-
grounds allow those members to contribute balanced 
points of view and diverse ideas regarding the strate-
gies and objectives described in subsection (f)(2). 
(2) APPOINTMENT.—Not later than 270 days 
after the date of enactment of this Act, the Adminis-
trator shall appoint the members of the Board, of 
whom— 
(A) not fewer than one shall be a rep-
resentative of large trucking companies; 
(B) not fewer than one shall be a rep-
resentative of mid-sized trucking companies; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00860
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
861 
(C) not fewer than one shall be a rep-
resentative of small trucking companies; 
(D) not fewer than one shall be a rep-
resentative of nonprofit organizations in the 
trucking industry; 
(E) not fewer than one shall be a rep-
resentative of trucking business associations; 
(F) not fewer than one shall be a rep-
resentative of independent owner-operators; and 
(G) not fewer than one shall be a woman 
who is a professional truck driver. 
(3) TERMS.—Each member shall be appointed 
for the life of the Board. 
(4) COMPENSATION.—A member of the Board 
shall serve without compensation. 
(f) DUTIES.— 
(1) IN GENERAL.—The Board shall identify— 
(A) industry trends that directly or indi-
rectly discourage women from pursuing careers 
in trucking, including— 
(i) any differences between women mi-
nority groups; 
(ii) any differences between women 
who live in rural, suburban, and urban 
areas; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00861
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
862 
(iii) any safety risks unique to the 
trucking industry; 
(B) ways in which the functions of truck-
ing companies, nonprofit organizations, and 
trucking associations may be coordinated to fa-
cilitate support for women pursuing careers in 
trucking; 
(C) opportunities to expand existing oppor-
tunities for women in the trucking industry; 
and 
(D) opportunities to enhance trucking 
training, mentorship, education, and outreach 
programs that are exclusive to women. 
(2) REPORT.—Not later than 18 months after 
the date of enactment of this Act, the Board shall 
submit to the Administrator a report describing 
strategies that the Administrator may adopt— 
(A) to address any industry trends identi-
fied under paragraph (1)(A); 
(B) to coordinate the functions of trucking 
companies, nonprofit organizations, and truck-
ing associations in a manner that facilitates 
support for women pursuing careers in truck-
ing; 
(C) to— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00862
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
863 
(i) take advantage of any opportuni-
ties identified under paragraph (1)(C); and 
(ii) create new opportunities to ex-
pand existing scholarship opportunities for 
women in the trucking industry; and 
(D) 
to 
enhance 
trucking 
training, 
mentorship, education, and outreach programs 
that are exclusive to women. 
(g) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives a report describing— 
(A) any strategies recommended by the 
Board under subsection (f)(2); and 
(B) any actions taken by the Adminis-
trator to adopt the strategies recommended by 
the Board (or an explanation of the reasons for 
not adopting the strategies). 
(2) PUBLIC AVAILABILITY.—The Administrator 
shall make the report under paragraph (1) publicly 
available— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00863
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
865 
(5) SMALL
TRUCKING
COMPANY.—The term 
‘‘small trucking company’’ means a motor carrier 
(as defined in section 13102 of title 49, United 
States Code) with an annual revenue less than 
$35,000,000. 
SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE 
SAFETY. 
(a) DEFINITION.—Section 31301(14) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘and’’ and inserting a comma; 
and 
(2) by inserting ‘‘, and Puerto Rico’’ before the 
period. 
(b) IMPLEMENTATION.—The Administrator of the 
Federal Motor Carrier Safety Administration shall work 
with the Commonwealth of Puerto Rico on obtaining full 
compliance with chapter 313 of title 49, United States 
Code, and regulations adopted under that chapter. 
(c) 
GRACE
PERIOD.—Notwithstanding 
section 
31311(a) of title 49, United States Code, during a 5-year 
period beginning on the date of enactment of this Act, the 
Commonwealth of Puerto Rico shall not be subject to a 
withholding of an apportionment of funds under para-
graphs (1) and (2) of section 104(b) of title 23, United 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00865
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
866 
States Code, for failure to comply with any requirement 
under section 31311(a) of title 49, United States Code. 
SEC. 4311. USE OF DATA. 
Section 31137(e) of title 49, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘only’’; and 
(B) by striking ‘‘, including record-of-duty 
status regulations’’ and inserting ‘‘and to con-
duct transportation research utilizing such 
data’’; 
(2) in paragraph (2) by striking ‘‘to enforce the 
regulations referred to in’’ and inserting ‘‘for pur-
poses authorized under’’; and 
(3) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) RESEARCH DATA.—The Secretary shall in-
stitute appropriate measures to protect the privacy 
of individuals, operators, and motor carriers when 
data obtained from an electronic logging device is 
used for research pursuant to this section and such 
research is made available to the public.’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00866
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
867 
Subtitle D—Commercial Motor 
Vehicle and Schoolbus Safety 
SEC. 4401. SCHOOLBUS SAFETY STANDARDS. 
(a) SCHOOLBUS SEATBELTS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall issue a notice of proposed rulemaking to con-
sider requiring large schoolbuses to be equipped with 
safety belts for all seating positions, if the Secretary 
determines that such standards meet the require-
ments and considerations set forth in subsections (a) 
and (b) of section 30111 of title 49, United States 
Code. 
(2) CONSIDERATIONS.—In issuing a notice of 
proposed rulemaking under paragraph (1), the Sec-
retary shall consider— 
(A) the safety benefits of a lap/shoulder 
belt system (also known as a Type 2 seatbelt 
assembly); 
(B) the investigations and recommenda-
tions of the National Transportation Safety 
Board on seatbelts in schoolbuses; 
(C) existing experience, including analysis 
of student injuries and fatalities compared to 
States without seat belt laws, and seat belt 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00867
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
868 
usage 
rates, 
from 
States 
that 
require 
schoolbuses to be equipped with seatbelts, in-
cluding Type 2 seatbelt assembly; 
(D) the impact of lap/shoulder belt systems 
on emergency evacuations, with a focus on 
emergency evacuations involving students below 
the age of 14, and emergency evacuations ne-
cessitated by fire or water submersion; and 
(E) the impact of lap/shoulder belt systems 
on the overall availability of schoolbus transpor-
tation. 
(3) REPORT.—If the Secretary determines that 
a standard described in paragraph (1) does not meet 
the requirements and considerations set forth in sub-
sections (a) and (b) of section 30111 of title 49, 
United States Code, the Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate a report that describes the reasons for not 
prescribing such a standard. 
(4) APPLICATION OF REGULATIONS.—Any regu-
lation issued based on the notice of proposed rule-
making described in paragraph (1) shall apply to 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00868
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
869 
schoolbuses manufactured more than 3 years after 
the date on which the regulation takes effect. 
(b) AUTOMATIC EMERGENCY BRAKING.—Not later 
than 3 years after the date of enactment of this Act, the 
Secretary shall— 
(1) prescribe a motor vehicle safety standard 
under section 30111 of title 49, United States Code, 
that requires all schoolbuses manufactured after the 
effective date of such standard to be equipped with 
an automatic emergency braking system; and 
(2) as part of such standard, establish perform-
ance requirements for automatic emergency braking 
systems, including operation of such systems. 
(c) ELECTRONIC STABILITY CONTROL.—Not later 
than 2 years after the date of enactment of this Act, the 
Secretary shall— 
(1) prescribe a motor vehicle safety standard 
under section 30111 of title 49, United States Code, 
that requires all schoolbuses manufactured after the 
effective date of such standard to be equipped with 
an electronic stability control system (as such term 
is defined in section 571.136 of title 49, Code of 
Federal Regulations (as in effect on the date of en-
actment of this Act)); and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00869
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
870 
(2) as part of such standard, establish perform-
ance requirements for electronic stability control sys-
tems, including operation of such systems. 
(d) FIRE PREVENTION AND MITIGATION.— 
(1) RESEARCH AND TESTING.—The Secretary 
shall conduct research and testing to determine the 
most prevalent causes of schoolbus fires and the best 
methods to prevent such fires and to mitigate the ef-
fect of such fires, both inside and outside the school-
bus. Such research and testing shall consider— 
(A) fire suppression systems standards, 
which at a minimum prevent engine fires; 
(B) firewall standards to prevent gas or 
flames from entering into the passenger com-
partment in schoolbuses with engines that ex-
tend beyond the firewall; and 
(C) interior flammability and smoke emis-
sions characteristics standards. 
(2) STANDARDS.—The Secretary may issue fire 
prevention and mitigation standards for schoolbuses, 
based on the results of the Secretary’s research and 
testing under paragraph (1), if the Secretary deter-
mines that such standards meet the requirements 
and considerations set forth in subsections (a) and 
(b) of section 30111 of title 49, United States Code. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00870
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
871 
(e) SCHOOL BUS TEMPERATURE SAFETY STUDY AND 
REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall study and issue a 
report on the safety implications of temperature controls 
in school buses. The study and report shall include— 
(1) an analysis of the internal temperature in 
school buses without air conditioning in weather be-
tween 80 and 110 degrees Fahrenheit; 
(2) the collection and analysis of data on tem-
perature-related injuries to students, including heat-
stroke and dehydration; 
(3) the collection of data on how many public 
school districts currently operate buses without air 
conditioning; and 
(4) recommendations for preventing heat re-
lated illnesses for children on school buses. 
(f) DEFINITIONS.—In this section: 
(1) AUTOMATIC
EMERGENCY
BRAKING.—The 
term ‘‘automatic emergency braking’’ means a crash 
avoidance system installed and operational in a vehi-
cle that consists of— 
(A) a forward warning function— 
(i) to detect vehicles and vulnerable 
road users ahead of the vehicle; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00871
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
872 
(ii) to alert the operator of an im-
pending collision; and 
(B) a crash-imminent braking function to 
provide automatic braking when forward-look-
ing sensors of the vehicle indicate that— 
(i) a crash is imminent; and 
(ii) the operator of the vehicle is not 
applying the brakes. 
(2) LARGE
SCHOOLBUS.—The term ‘‘large 
schoolbus’’ means a schoolbus with a gross vehicle 
weight rating of more than 10,000 pounds. 
(3) SCHOOLBUS.—The term ‘‘schoolbus’’ has 
the meaning given such term in section 30125(a) of 
title 49, United States Code. 
SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES. 
(a) ILLEGAL PASSING RESEARCH.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall conduct research to determine— 
(A) drivers’ knowledge of and attitudes to-
wards laws governing passing of a school bus 
under the State in which the driver lives; 
(B) the effectiveness of automated school 
bus camera enforcement systems in reducing 
school bus passing violations; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00872
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
873 
(C) whether laws that require automated 
school bus camera systems to capture images of 
a driver’s face impact the ability of States to 
enforce such laws; 
(D) the effectiveness of public education on 
illegal school bus passing laws in reducing 
school bus passing violations; and 
(E) the most-effective countermeasures to 
address illegal passing of school buses and best 
practices for States to reduce the number of il-
legal passing violations. 
(2) REPORT TO CONGRESS.—Not later than 2 
years after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
detailing the research and findings required under 
paragraph (1). 
(3) PUBLICATION.—The Secretary shall make 
publicly available on the website of the Department 
the report required under paragraph (2) not later 
than 30 days after the report is submitted under 
such paragraph. 
(b) PUBLIC SAFETY MESSAGING CAMPAIGN.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00873
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
874 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall create and disseminate a public safety mes-
saging campaign, including public safety media mes-
sages, posters, digital, and other media messages for 
distribution to States, divisions of motor vehicles, 
schools, and other public outlets to highlight the 
dangers of illegally passing school buses, including 
educational materials for students and the public on 
the safest school bus loading and unloading proce-
dures. 
(2) CONSULTATION.—The Secretary shall con-
sult with public and private school bus industry rep-
resentatives and States in developing the materials 
and messages required under paragraph (1). 
(3) UPDATE.—The Secretary shall periodically 
update the materials used in the campaign. 
(c) REVIEW OF ADVANCED SCHOOL BUS SAFETY 
TECHNOLOGIES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall complete a review of advanced school bus safe-
ty technologies to assess their feasibility, benefits, 
and costs. The review shall include— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00874
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
875 
(A) an evaluation of motion-activated alert 
systems that are capable of detecting and alert-
ing the school bus driver to students, pedes-
trians, bicyclists, and other vulnerable road 
users located near the perimeter of the school 
bus; 
(B) an evaluation of advanced school bus 
flashing lighting systems to improve commu-
nication to surrounding drivers; 
(C) an evaluation of early warning sys-
tems, including radar-based warning systems, 
to alert school bus drivers and students near 
the school bus that an approaching vehicle is 
likely to engage in an illegal passing; and 
(D) other technologies that enhance school 
bus safety, as determined by the Secretary. 
(2) PUBLICATION.—The Secretary shall make 
the findings of the review publicly available on the 
website of the Department not later than 30 days 
after its completion. 
(d) GAO REVIEW OF STATE ILLEGAL PASSING LAWS 
AND DRIVER EDUCATION.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Comptroller 
General of the United States shall submit to the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00875
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
876 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report examining State laws and driver edu-
cation efforts regarding illegal passing of school 
buses. 
(2) CONTENTS.—The report required under 
paragraph (1) shall include— 
(A) an overview of each State’s illegal 
school bus passing laws, including how the laws 
are enforced and what penalties are imposed on 
violators; 
(B) a review of each State’s driver edu-
cation efforts regarding illegal passing of school 
buses to determine how each State educates 
and evaluates new drivers on laws governing 
passing of a school bus; and 
(C) recommendations on how States can 
improve driver education and awareness of the 
dangers of illegally passing school buses. 
SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING 
COMMERCIAL MOTOR VEHICLES. 
(a) REVIEW OF STATE INSPECTION PRACTICES.— 
The Secretary of Transportation shall conduct a review 
of Federal Motor Carrier Safety Regulations related to an-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00876
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
877 
nual inspection of commercial motor vehicles carrying pas-
sengers to determine— 
(1) different inspection models in use for com-
mercial motor vehicles carrying passengers to satisfy 
the Federal inspection requirement; 
(2) the number of States that have mandatory 
annual State vehicle inspections and whether such 
inspections are used to satisfy the Federal inspection 
requirement for commercial motor vehicles carrying 
passengers; 
(3) the extent to which passenger carriers uti-
lize self-inspection to satisfy the Federal inspection 
requirement; 
(4) the number of States that have the author-
ity to require the immobilization of impoundment of 
a commercial motor vehicle carrying passengers if 
such a vehicle fails inspection; and 
(5) the impact on the safety of commercial 
motor vehicles carrying passengers, based on the in-
spection model employed. 
(b) REPORT TO CONGRESS.—Not later than 1 year 
after the enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00877
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
878 
Commerce, Science, and Transportation of the Senate a 
report on— 
(1) the findings of the review conducted under 
subsection (a); and 
(2) recommendations on changes to the Sec-
retary’s inspection program regulations to improve 
the safety of commercial motor vehicles carrying 
passengers. 
SEC. 4404. AUTOMATIC EMERGENCY BRAKING. 
(a) FEDERAL MOTOR VEHICLE SAFETY STAND-
ARD.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Transportation shall— 
(A) prescribe a motor vehicle safety stand-
ard under section 30111 of title 49, United 
States Code, that requires all commercial motor 
vehicles subject to Federal motor vehicle safety 
standard 136 under section 571.136 of title 49, 
Code of Federal Regulations, (relating to elec-
tronic stability control systems for heavy vehi-
cles) manufactured after the effective date of 
such standard to be equipped with an automatic 
emergency braking system; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00878
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
879 
(B) as part of such standard, establish 
performance requirements for automatic emer-
gency braking systems, including operation of 
such systems in a variety of driving conditions. 
(2) CONSIDERATIONS.—Prior to prescribing the 
standard required under paragraph (1)(A), the Sec-
retary shall— 
(A) conduct a review of automatic emer-
gency braking systems in use in applicable com-
mercial motor vehicles and address any identi-
fied deficiencies with such systems in the rule-
making proceeding to prescribe the standard, if 
practicable; 
(B) assess the feasibility of updating the 
software of emergency braking systems in use 
in applicable commercial motor vehicles to ad-
dress any deficiencies and to enable such sys-
tems to meet the new standard; and 
(C) consult with representatives of com-
mercial motor vehicle drivers regarding the ex-
periences of drivers with automatic emergency 
braking systems in use in applicable commercial 
motor vehicles, including malfunctions or un-
warranted activations of such systems. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00879
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
880 
(3) COMPLIANCE
DATE.—The Secretary shall 
ensure that the compliance date of the standard pre-
scribed pursuant to paragraph (1) shall be not later 
than 2 years after the date of publication of the 
final rule prescribing such standard. 
(b) FEDERAL MOTOR CARRIER SAFETY REGULA-
TION.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue a regulation under 
section 31136 of title 49, United States Code, that re-
quires that an automatic emergency braking system in-
stalled in a commercial motor vehicle subject to Federal 
motor vehicle safety standard 136 under section 571.136 
of title 49, Code of Federal Regulations,(relating to elec-
tronic stability control systems for heavy vehicles) that is 
in operation on or after the effective date of the standard 
prescribed under subsection (a) be used at any time during 
which such commercial motor vehicle is in operation. 
(c) REPORT ON AUTOMATIC EMERGENCY BRAKING 
IN MEDIUM-DUTY COMMERCIAL MOTOR VEHICLES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of 
Transportation shall, with respect to commercial 
motor vehicles not subject to Federal motor vehicle 
safety standard 136 under section 571.136 of title 
49, Code of Federal Regulations— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00880
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
881 
(A) complete research on equipping com-
mercial motor vehicles with automatic emer-
gency braking systems to better understand the 
overall effectiveness of such systems on a vari-
ety of commercial motor vehicles; 
(B) assess the feasibility, benefits, and 
costs associated with installing automatic emer-
gency braking systems on newly manufactured 
commercial motor vehicles with a gross vehicle 
weight rating of 10,001 pounds or more; and 
(C) if warranted, develop performance 
standards for such automatic emergency brak-
ing systems. 
(2) INDEPENDENT
RESEARCH.—If the Sec-
retary enters into a contract with a third party to 
perform the research required under paragraph 
(1)(A), the Secretary shall ensure that such third 
party does not have any financial or contractual ties 
or relationship with a motor carrier that transports 
passengers or property for compensation, the motor 
carrier industry, or an entity producing or supplying 
automatic emergency braking systems. 
(3) PUBLICATION OF ASSESSMENT.—Not later 
than 90 days after completing the assessment re-
quired under paragraph (1)(B), the Secretary shall 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00881
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
882 
issue a notice in the Federal Register containing the 
findings of the assessment and provide an oppor-
tunity for public comment. 
(4) REPORT TO CONGRESS.—After the conclu-
sion of the public comment period under paragraph 
(3), the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
that provides— 
(A) the results of the assessment under 
paragraph (1)(B); 
(B) a summary of the public comments re-
ceived by the Secretary under paragraph (3); 
and 
(C) a determination as to whether the Sec-
retary intends to develop performance require-
ments for automatic emergency braking systems 
for applicable commercial motor vehicles, in-
cluding any analysis that led to such determina-
tion. 
(d) DEFINITIONS.—In this section: 
(1) AUTOMATIC
EMERGENCY
BRAKING
SYS-
TEM.—The term ‘‘automatic emergency braking sys-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00882
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
883 
tem’’ means a crash avoidance system installed and 
operational in a vehicle that consists of— 
(A) a forward collision warning function— 
(i) to detect vehicles and vulnerable 
road users ahead of the vehicle; and 
(ii) to alert the operator of the vehicle 
of an impending collision; and 
(B) a crash-imminent braking function to 
provide automatic braking when forward-look-
ing sensors of the vehicle indicate that— 
(i) a crash is imminent; and 
(ii) the operator of the vehicle is not 
applying the brakes. 
(2) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
such term in section 31101 of title 49, United 
States Code. 
SEC. 4405. UNDERRIDE PROTECTION. 
(a) REAR UNDERRIDE GUARDS.— 
(1) 
REAR
GUARDS
ON
TRAILERS
AND 
SEMITRAILERS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary of Transportation shall issue such regu-
lations as are necessary to revise motor vehicle 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00883
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
884 
safety standards under sections 571.223 and 
571.224 of title 49, Code of Federal Regula-
tions, to require trailers and semi-trailers man-
ufactured after the date on which such regula-
tion is issued to be equipped with rear impact 
guards that are designed to prevent passenger 
compartment intrusion from a trailer or 
semitrailer when a passenger vehicle traveling 
at 35 miles per hour makes— 
(i) an impact in which the passenger 
vehicle impacts the center of the rear of 
the trailer or semitrailer; 
(ii) an impact in which 50 percent the 
width of the passenger vehicle overlaps the 
rear of the trailer or semitrailer; and 
(iii) an impact in which 30 percent of 
the width of the passenger vehicle overlaps 
the rear of the trailer or semitrailer. 
(B) EFFECTIVE
DATE.—The rule issued 
under subparagraph (A) shall require full com-
pliance with the motor carrier safety standard 
prescribed in such rule not later than 2 years 
after the date on which a final rule is issued. 
(2) ADDITIONAL
RESEARCH.—The Secretary 
shall conduct additional research on the design and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00884
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
885 
development of rear impact guards that can prevent 
underride crashes and protect motor vehicle pas-
sengers against severe injury at crash speeds of up 
to 65 miles per hour. 
(3) REVIEW OF STANDARDS.—Not later than 5 
years after any revisions to standards or require-
ments related to rear impact guards pursuant to 
paragraph (1), the Secretary shall review the stand-
ards or requirements to evaluate the need for 
changes in response to advancements in technology 
and upgrade such standards accordingly. 
(4) INSPECTIONS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall issue such regulations as are nec-
essary to amend the regulations on minimum 
periodic inspection standards under appendix G 
to subchapter B of chapter III of title 49, Code 
of Federal Regulations, and driver vehicle in-
spection reports under section 396.11 of title 
49, Code of Federal Regulations, to include 
rear impact guards and rear end protection (as 
required by section 393.86 of title 49, Code of 
Federal Regulations). 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00885
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
886 
(B) CONSIDERATIONS.—In updating the 
regulations described in subparagraph (A), the 
Secretary shall consider it to be a defect or a 
deficiency if a rear impact guard is missing or 
has a corroded or compromised element that af-
fects the structural integrity and protective fea-
ture of such guard. 
(b) SIDE UNDERRIDE GUARDS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall— 
(A) complete additional research on side 
underride guards to better understand the over-
all effectiveness of such guards; 
(B) assess the feasibility, benefits, and 
costs associated with installing side underride 
guards on newly manufactured trailers and 
semitrailers with a gross vehicle weight rating 
of 10,000 pounds or more; and 
(C) if warranted, develop performance 
standards for such guards. 
(2) INDEPENDENT
RESEARCH.—If the Sec-
retary enters into a contract with a third party to 
perform the research required under paragraph 
(1)(A), the Secretary shall ensure that such third 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00886
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
887 
party does not have any financial or contractual ties 
or relationship with a motor carrier that transports 
passengers or property for compensation, the motor 
carrier industry, or an entity producing or supplying 
underride guards. 
(3) PUBLICATION OF ASSESSMENT.—Not later 
than 90 days after completing the assessment re-
quired under paragraph (1)(B), the Secretary shall 
issue a notice in the Federal Register containing the 
findings of the assessment and provide an oppor-
tunity for public comment. 
(4) REPORT TO CONGRESS.—After the conclu-
sion of the public comment period under paragraph 
(3), the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
that provides— 
(A) the results of the assessment under 
this subsection; 
(B) a summary of the public comments re-
ceived by the Secretary under paragraph (3); 
and 
(C) a determination as to whether the Sec-
retary intends to develop performance require-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00887
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
888 
ments for side underride guards, including any 
analysis that led to such determination. 
(c) ADVISORY COMMITTEE ON UNDERRIDE PROTEC-
TION.— 
(1) ESTABLISHMENT.—Not later than 30 days 
after the date of enactment of this Act, the Sec-
retary of Transportation shall establish an Advisory 
Committee on Underride Protection (in this sub-
section referred to as the ‘‘Committee’’) to provide 
advice and recommendations to the Secretary on 
safety regulations to reduce crashes and fatalities in-
volving truck underrides. 
(2) REPRESENTATION.— 
(A) IN GENERAL.—The Committee shall be 
composed of not more than 20 members ap-
pointed by the Secretary who are not employees 
of the Department of Transportation and who 
are qualified to serve because of their expertise, 
training, or experience. 
(B) MEMBERSHIP.—Members shall include 
two representatives of each of the following: 
(i) Truck and trailer manufacturers. 
(ii) Motor carriers, including inde-
pendent owner-operators. 
(iii) Law enforcement. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00888
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
889 
(iv) Motor vehicle engineers. 
(v) Motor vehicle crash investigators. 
(vi) Truck safety organizations. 
(vii) The insurance industry. 
(viii) Emergency medical service pro-
viders. 
(ix) Families of underride crash vic-
tims. 
(x) Labor organizations. 
(3) COMPENSATION.—Members of the Com-
mittee shall serve without compensation. 
(4) MEETINGS.—The Committee shall meet at 
least annually. 
(5) SUPPORT.—On request of the Committee, 
the Secretary shall provide information, administra-
tive services, and supplies necessary for the Com-
mittee to carry out the duties described in para-
graph (1). 
(6) REPORT.—The Committee shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate a biennial report that shall— 
(A) describe the advice and recommenda-
tions made to the Secretary; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00889
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
890 
(B) include an assessment of progress 
made by the Secretary in advancing safety reg-
ulations. 
(d) DATA COLLECTION.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall im-
plement recommendations 1 and 2 described in the report 
by the Government Accountability Office published on 
March 14, 2019, titled ‘‘Truck Underride Guards: Im-
proved Data Collection, Inspections, and Research Need-
ed’’ (GAO–19–264). 
SEC. 4406. TRANSPORTATION OF HORSES. 
Section 80502 of title 49, United States Code, is 
amended— 
(1) in subsection (c) by striking ‘‘This section 
does not’’ and inserting ‘‘Subsections (a) and (b) 
shall not’’; 
(2) by redesignating subsection (d) as sub-
section (e); 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) TRANSPORTATION OF HORSES.— 
‘‘(1) PROHIBITION.—No person may transport, 
or cause to be transported, a horse from a place in 
a State, the District of Columbia, or a territory or 
possession of the United States through or to a 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00890
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
891 
place in another State, the District of Columbia, or 
a territory or possession of the United States in a 
motor vehicle containing two or more levels stacked 
on top of each other. 
‘‘(2) MOTOR VEHICLE DEFINED.—In this sub-
section, the term ‘motor vehicle’— 
‘‘(A) means a vehicle driven or drawn by 
mechanical power and manufactured primarily 
for use on public highways; and 
‘‘(B) does not include a vehicle operated 
exclusively on a rail or rails.’’; and 
(4) in subsection (e), as redesignated— 
(A) by striking ‘‘A rail carrier’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—A rail carrier’’; 
(B) by striking ‘‘this section’’ and insert-
ing ‘‘subsection (a) or (b)’’; and 
(C) by striking ‘‘On learning’’ and insert-
ing the following: 
‘‘(2) TRANSPORTATION OF HORSES IN MULTI-
LEVEL TRAILER.— 
‘‘(A) CIVIL
PENALTY.—A person that 
knowingly violates subsection (d) is liable to the 
United States Government for a civil penalty of 
at least $100, but not more than $500, for each 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00891
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
892 
violation. A separate violation of subsection (d) 
occurs for each horse that is transported, or 
caused to be transported, in violation of sub-
section (d). 
‘‘(B) RELATIONSHIP TO OTHER LAWS.— 
The penalty imposed under subparagraph (A) 
shall be in addition to any penalty or remedy 
available under any other law. 
‘‘(3) CIVIL ACTION.—On learning’’. 
SEC. 4407. ADDITIONAL STATE AUTHORITY. 
(a) ADDITIONAL AUTHORITY.—Notwithstanding the 
limitation in section 127(d) of title 23, United States 
Code, if a State had in effect on or before June 1, 1991, 
a statute or regulation which placed a limitation on the 
overall length of a longer combination vehicle consisting 
of 3 trailers, such State may allow the operation of a 
longer combination vehicle to accommodate a longer en-
ergy efficient truck tractor in such longer combination ve-
hicle under such limitation, if the additional tractor length 
is the only added length to such longer combination vehicle 
and does not result in increased cargo capacity in weight 
or volume. 
(b) SAVINGS CLAUSE.—Nothing in this section au-
thorizes a State to allow an increase in the length of a 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00892
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
893 
trailer, semitrailer, or other cargo-carrying unit of a 
longer combination vehicle. 
(c) LONGER COMBINATION VEHICLE DEFINED.— 
The term ‘‘longer combination vehicle’’ has the meaning 
given such term in section 127 of title 23, United States 
Code. 
SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSUR-
ANCE FOR COMMERCIAL MOTOR VEHICLES. 
Section 31139(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘$750,000’’ 
and inserting ‘‘$2,000,000’’; and 
(2) by adding at the end the following: 
‘‘(3) ADJUSTMENT.—The Secretary, in con-
sultation with the Bureau of Labor Statistics, shall 
adjust the minimum level of financial responsibility 
under paragraph (2) quinquennially for inflation.’’. 
SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER. 
Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall issue a 
final motor vehicle safety standard that requires a com-
mercial motor vehicle manufactured after the effective 
date of such standard to be equipped with a universal elec-
tronic vehicle identifier that— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00893
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
894 
(1) identifies the vehicle to roadside inspectors 
for enforcement purposes; 
(2) does not transmit personally identifiable in-
formation regarding operators; and 
(3) does not create an undue cost burden for 
operators and carriers. 
TITLE V—INNOVATION 
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are au-
thorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account): 
(1) HIGHWAY RESEARCH AND DEVELOPMENT 
PROGRAM.—To carry out section 503(b) of title 23, 
United States Code, $144,000,000 for each of fiscal 
years 2023 through 2026. 
(2) TECHNOLOGY
AND
INNOVATION
DEPLOY-
MENT PROGRAM.—To carry out section 503(c) of 
title 23, United States Code, $152,000,000 for each 
of fiscal years 2023 through 2026. 
(3) TRAINING AND EDUCATION.—To carry out 
section 504 of title 23, United States Code, 
$26,000,000 for each of fiscal years 2023 through 
2026. 
(4) INTELLIGENT
TRANSPORTATION
SYSTEMS 
PROGRAM.—To carry out sections 512 through 518 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00894
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
895 
of title 23, United States Code, $100,000,000 for 
each of fiscal years 2023 through 2026. 
(5) UNIVERSITY
TRANSPORTATION
CENTERS 
PROGRAM.—To carry out section 5505 of title 49, 
United States Code, $96,000,000 for each of fiscal 
years 2023 through 2026. 
(6) BUREAU
OF
TRANSPORTATION
STATIS-
TICS.—To carry out chapter 63 of title 49, United 
States Code, $27,000,000 for each of fiscal years 
2023 through 2026. 
(b) 
ADDITIONAL
PROGRAMS.—The 
following 
amounts are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Ac-
count): 
(1) MOBILITY
THROUGH
ADVANCED
TECH-
NOLOGIES.—To carry out section 503(c)(4) of title 
23, United States Code, $70,000,000 for each of fis-
cal years 2023 through 2026 from funds made avail-
able to carry out section 503(c) of such title. 
(2) MATERIALS TO REDUCE GREENHOUSE GAS 
EMISSIONS PROGRAM.—To carry out section 503(d) 
of title 23, United States Code, $10,000,000 for 
each of fiscal years 2023 through 2026 from funds 
made available to carry out section 503(c) of such 
title. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00895
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
896 
(3) NATIONAL
HIGHLY
AUTOMATED
VEHICLE 
AND
MOBILITY
INNOVATION
CLEARINGHOUSE.—To 
carry out section 5507 of title 49, United States 
Code, $2,000,000 for each of fiscal years 2023 
through 2026 from funds made available to carry 
out sections 512 through 518 of title 23, United 
States Code. 
(4) 
NATIONAL
COOPERATIVE
MULTIMODAL 
FREIGHT TRANSPORTATION RESEARCH PROGRAM.— 
To carry out section 70205 of title 49, United 
States Code, $4,000,000 for each of fiscal years 
2023 through 2026 from funds made available to 
carry out section 503(b) of title 23, United States 
Code. 
(5) STATE SURFACE TRANSPORTATION SYSTEM 
FUNDING PILOTS.—To carry out section 6020 of the 
FAST Act (23 U.S.C. 503 note), $35,000,000 for 
each of fiscal years 2023 through 2026 from funds 
made available to carry out section 503(b) of title 
23, United States Code. 
(6) NATIONAL SURFACE TRANSPORTATION SYS-
TEM FUNDING PILOT.—To carry out section 5402 of 
this title, $10,000,000 for each of fiscal years 2023 
through 2026 from funds made available to carry 
out section 503(b) of title 23, United States Code. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00896
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
897 
(c) ADMINISTRATION.—The Federal Highway Ad-
ministration shall— 
(1) administer the programs described in para-
graphs (1), (2), and (3) of subsection (a) and para-
graph (1) of subsection (b); and 
(2) in consultation with relevant modal adminis-
trations, administer the programs described in sub-
sections (a)(4) and (b)(2). 
(d) TREATMENT OF FUNDS.—Funds authorized to be 
appropriated by subsections (a) and (b) shall— 
(1) be available for obligation in the same man-
ner as if those funds were apportioned under chap-
ter 1 of title 23, United States Code, except that the 
Federal share of the cost of a project or activity car-
ried out using those funds shall be 80 percent, un-
less otherwise expressly provided by this title (in-
cluding the amendments by this title) or otherwise 
determined by the Secretary; and 
(2) remain available until expended and not be 
transferable, except as otherwise provided in this 
title. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00897
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
898 
Subtitle A—Research and 
Development 
SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PRO-
GRAM. 
(a) IN GENERAL.—Section 503 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(2) by striking ‘‘section 
508’’ and inserting ‘‘section 6503 of title 49’’; and 
(2) in subsection (b)— 
(A) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) in clause (ii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(II) in clause (iii) by striking the 
period and inserting ‘‘; and’’; and 
(III) by adding at the end the 
following: 
‘‘(iv) to reduce greenhouse gas emis-
sions and limit the effects of climate 
change.’’; and 
(ii) by striking subparagraphs (D) 
and (E); 
(B) in paragraph (4)— 
(i) in subparagraph (A)— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00898
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
899 
(I) in clause (ii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(II) in clause (iii) by striking the 
period and inserting ‘‘; and’’; and 
(III) by adding at the end the 
following: 
‘‘(iv) to reduce greenhouse gas emis-
sions and limit the effects of climate 
change.’’; and 
(ii) in subparagraph (C)— 
(I) in clause (iv) by striking ‘‘; 
and’’ and inserting a semicolon; 
(II) in clause (v) by striking the 
period and inserting ‘‘; and’’; and 
(III) by inserting at the end the 
following: 
‘‘(vi) establishing best practices and 
creating models and tools to support met-
ropolitan and statewide planning practices 
to meet the considerations described in sec-
tions 134(i)(2)(I) and 135(f)(10) of this 
title, including— 
‘‘(I) strategies to address climate 
change mitigation and impacts de-
scribed in sections 134(i)(2)(I)(ii) and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00899
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
900 
135(f)(10)(B) of this title and the in-
corporation of such strategies into 
long range transportation planning; 
‘‘(II) preparation of a vulner-
ability assessment described in sec-
tions 
134(i)(2)(I)(iii) 
and 
135(f)(10)(C) of this title; and 
‘‘(III) integration of these prac-
tices with the planning practices de-
scribed in sections 5303(i)(2)(I) and 
5304(f)(10) of title 49.’’; 
(C) in paragraph (5)(A)— 
(i) in clause (iv) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (v) by striking the period 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(vi) reducing greenhouse gas emis-
sions and limiting the effects of climate 
change.’’; and 
(D) by adding at the end the following: 
‘‘(9) ANALYSIS TOOLS.—The Secretary may de-
velop interactive modeling tools and databases 
that— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00900
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
901 
‘‘(A) track the condition of highway assets, 
including interchanges, and the reconstruction 
history of such assets; 
‘‘(B) can be used to assess transportation 
options; 
‘‘(C) allow for the monitoring and mod-
eling of network-level traffic flows on highways; 
and 
‘‘(D) further Federal and State under-
standing of the importance of national and re-
gional connectivity and the need for long-dis-
tance and interregional passenger and freight 
travel by highway and other surface transpor-
tation modes. 
‘‘(10) PERFORMANCE MANAGEMENT DATA SUP-
PORT PROGRAM.— 
‘‘(A) PERFORMANCE
MANAGEMENT
DATA 
SUPPORT.—The Administrator of the Federal 
Highway Administration shall develop, use, and 
maintain data sets and data analysis tools to 
assist 
metropolitan 
planning 
organizations, 
States, and the Federal Highway Administra-
tion in carrying out performance management 
analyses (including the performance manage-
ment requirements under section 150). 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00901
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
902 
‘‘(B) INCLUSIONS.—The data analysis ac-
tivities authorized under subparagraph (A) may 
include— 
‘‘(i) collecting and distributing vehicle 
probe data describing traffic on Federal- 
aid highways; 
‘‘(ii) collecting household travel behav-
ior data to assess local and cross-jurisdic-
tional travel, including to accommodate ex-
ternal and through travel; 
‘‘(iii) enhancing existing data collec-
tion and analysis tools to accommodate 
performance measures, targets, and related 
data, so as to better understand trip origin 
and destination, trip time, and mode; 
‘‘(iv) enhancing existing data analysis 
tools to improve performance predictions 
and travel models in reports described in 
section 150(e); 
‘‘(v) developing tools— 
‘‘(I) 
to 
improve 
performance 
analysis; and 
‘‘(II) to evaluate the effects of 
project investments on performance; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00902
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
903 
‘‘(vi) assisting in the development or 
procurement of the transportation system 
access data under section 1403(g) of the 
INVEST in America Act; and 
‘‘(vii) developing tools and acquiring 
data described under paragraph (9). 
‘‘(C) FUNDING.—The Administrator of the 
Federal Highway Administration may use up to 
$15,000,000 for each of fiscal years 2023 
through 2026 to carry out this paragraph.’’. 
(b) REPEAL.—Section 6028 of the FAST Act (23 
U.S.C. 150 note), and the item relating to such section 
in the table of contents in section 1(b) of such Act, are 
repealed. 
SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS 
EMISSIONS PROGRAM. 
Section 503 of title 23, United States Code, as 
amended by section 5101, is further amended by adding 
at the end the following: 
‘‘(d) MATERIALS TO REDUCE GREENHOUSE GAS 
EMISSIONS PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of enactment of this subsection, the 
Secretary shall establish and implement a program 
under which the Secretary shall award grants to eli-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00903
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
904 
gible entities to research and support the develop-
ment of materials that will reduce or sequester the 
amount of greenhouse gas emissions generated dur-
ing the production of highway materials and the 
construction and use of highways. 
‘‘(2) ACTIVITIES.—Activities under this section 
may include— 
‘‘(A) carrying out research to determine 
the materials proven to most effectively reduce 
or sequester greenhouse gas emissions; 
‘‘(B) evaluating and improves the ability of 
materials to most effectively reduce or sequester 
greenhouse gas emissions; and 
‘‘(C) supporting the development and de-
ployment of materials that will reduce or se-
quester greenhouse gas emissions. 
‘‘(3) COMPETITIVE SELECTION PROCESS.— 
‘‘(A) APPLICATIONS.—To be eligible to re-
ceive a grant under this subsection, an eligible 
entity shall submit to the Secretary an applica-
tion in such form and containing such informa-
tion as the Secretary may require. 
‘‘(B) CONSIDERATION.—In making grants 
under this subsection, the Secretary shall con-
sider the degree to which applicants presently 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00904
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
905 
carry out research on materials that reduce or 
sequester greenhouse gas emissions. 
‘‘(C) SELECTION
CRITERIA.—The Sec-
retary may make grants under this subsection 
to any eligible entity based on the demonstrated 
ability of the applicant to fulfill the activities 
described in paragraph (2). 
‘‘(D) 
TRANSPARENCY.—The 
Secretary 
shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Environ-
ment and Public Works of the Senate a report 
describing the overall review process for a grant 
under this subsection, including— 
‘‘(i) specific criteria of evaluation used 
in the review; 
‘‘(ii) descriptions of the review proc-
ess; and 
‘‘(iii) explanations of the grants 
awarded. 
‘‘(4) GRANTS.— 
‘‘(A) RESTRICTIONS.— 
‘‘(i) IN
GENERAL.—For each fiscal 
year, a grant made available under this 
subsection shall be not greater than 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00905
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
906 
$4,000,000 and not less than $2,000,000 
per recipient. 
‘‘(ii) LIMITATION.—An eligible entity 
may only receive one grant in a fiscal year 
under this subsection. 
‘‘(B) MATCHING
REQUIREMENTS.—As a 
condition of receiving a grant under this sub-
section, a grant recipient shall match 50 per-
cent of the amounts made available under the 
grant. 
‘‘(5) PROGRAM COORDINATION.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) coordinate the research, edu-
cation, and technology transfer activities 
carried out by grant recipients under this 
subsection; 
‘‘(ii) disseminate the results of that 
research through the establishment and op-
eration of a publicly accessible online infor-
mation clearinghouse; and 
‘‘(iii) to the extent practicable, sup-
port the deployment and commercial adop-
tion of effective materials researched or de-
veloped under this subsection to relevant 
stakeholders. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00906
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
907 
‘‘(B) ANNUAL
REVIEW
AND
EVALUA-
TION.—Not later than 2 years after the date of 
enactment of this subsection, and not less fre-
quently than annually thereafter, the Secretary 
shall, consistent with the activities in paragraph 
(3)— 
‘‘(i) review and evaluate the programs 
carried out under this subsection by grant 
recipients, describing the effectiveness of 
the program in identifying materials that 
reduce or sequester greenhouse gas emis-
sions; 
‘‘(ii) submit to the Committee on 
Transportation and Infrastructure of the 
House of Representatives and the Com-
mittee on Environment and Public Works 
of the Senate a report describing such re-
view and evaluation; and 
‘‘(iii) make the report in clause (ii) 
available to the public on a website. 
‘‘(6) 
LIMITATION
ON
AVAILABILITY
OF 
AMOUNTS.—Amounts made available to carry out 
this subsection shall remain available for obligation 
by the Secretary for a period of 3 years after the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00907
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
908 
last day of the fiscal year for which the amounts are 
authorized. 
‘‘(7) INFORMATION COLLECTION.—Any survey, 
questionnaire, or interview that the Secretary deter-
mines to be necessary to carry out reporting require-
ments relating to any program assessment or evalua-
tion activity under this subsection, including cus-
tomer satisfaction assessments, shall not be subject 
to chapter 35 of title 44 (commonly known as the 
‘Paperwork Reduction Act’). 
‘‘(8) DEFINITION
OF
ELIGIBLE
ENTITY.—In 
this subsection, the term ‘eligible entity’ means a 
nonprofit institution of higher education, as such 
term is defined in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001).’’. 
SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOP-
MENT 5-YEAR STRATEGIC PLAN. 
Section 6503 of title 49, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘The Sec-
retary’’ and inserting ‘‘For the period of fiscal years 
2017 through 2022, and for each 5-year period 
thereafter, the Secretary’’; 
(2) in subsection (c)(1)— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00908
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
909 
(A) in subparagraph (C) by inserting ‘‘and 
security in the transportation system’’ after 
‘‘safety’’; 
(B) in subparagraph (D) by inserting ‘‘and 
the existing transportation system’’ after ‘‘in-
frastructure’’; 
(C) in subparagraph (E) by striking ‘‘; 
and’’ and inserting a semicolon; 
(D) by amending subparagraph (F) to 
read as follows: 
‘‘(F) reducing greenhouse gas emissions; 
and’’; and 
(E) by adding at the end the following: 
‘‘(G) developing and maintaining a diverse 
workforce in transportation sectors;’’; and 
(3) in subsection (d) by striking ‘‘not later than 
December 31, 2016,’’ and inserting ‘‘not later than 
December 31, 2022,’’. 
SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PRO-
GRAM. 
Section 5505 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (4)— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00909
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
910 
(i) in subparagraph (A) by striking 
‘‘research priorities identified in chapter 
65.’’ and inserting the following: ‘‘following 
research priorities: 
‘‘(i) Improving the mobility of people 
and goods. 
‘‘(ii) Reducing congestion. 
‘‘(iii) Promoting safety. 
‘‘(iv) Improving the durability and ex-
tending the life of transportation infra-
structure and the existing transportation 
system. 
‘‘(v) Preserving the environment. 
‘‘(vi) Reducing greenhouse gas emis-
sions.’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘Technology and’’ 
and inserting ‘‘Technology,’’; 
(II) by inserting ‘‘, the Adminis-
trator of the Federal Transit Admin-
istration,’’ after ‘‘Federal Highway 
Administration’’; and 
(III) by striking ‘‘and other 
modal administrations as appropriate’’ 
and inserting ‘‘and the Administrators 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00910
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
911 
of other operating administrations, as 
appropriate’’; and 
(B) by adding at the end the following: 
‘‘(7) FOCUSED RESEARCH CONSIDERATIONS.— 
In awarding grants under this section, the Secretary 
shall consider how the program under this section 
advances research on the cybersecurity implications 
of technologies relating to connected vehicles, con-
nected infrastructure, and automated vehicles.’’. 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Not later than 1 year 
after the date of enactment of this sec-
tion,’’ and inserting the following: 
‘‘(A) SELECTION OF GRANTS.—Not later 
than 1 year after the date of enactment of the 
INVEST in America Act,’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) LIMITATIONS.—A grant under this 
subsection may not include a cooperative agree-
ment described in section 6305 of title 31.’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A) by striking ‘‘5 
consortia’’ and inserting ‘‘6 consortia’’; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00911
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
912 
(ii) in subparagraph (B)— 
(I) in clause (i) by striking ‘‘not 
greater than $4,000,000 and not less 
than $2,000,000’’ and inserting ‘‘not 
greater than $4,250,000 and not less 
than $2,250,000’’; and 
(II) in clause (ii) by striking 
‘‘section 6503(c)’’ and inserting ‘‘sub-
section (b)(4)(A)’’; 
(iii) in subparagraph (C) by striking 
‘‘100 percent’’ and inserting ‘‘50 percent’’; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(D) REQUIREMENT.—In awarding grants 
under this section, the Secretary shall award 1 
grant to a national consortia for each focus 
area described in subsection (b)(4)(A).’’; 
(C) in paragraph (3)— 
(i) in subparagraph (C) by striking 
‘‘not greater than $3,000,000 and not less 
than $1,500,000’’ and inserting ‘‘not 
greater than $3,250,000 and not less than 
$1,750,000’’; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00912
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
913 
(ii) in subparagraph (D)(i) by striking 
‘‘100 percent’’ and inserting ‘‘50 percent’’; 
and 
(iii) by striking subparagraph (E); 
and 
(D) in paragraph (4)— 
(i) in subparagraph (A) by striking 
‘‘greater than $2,000,000 and not less 
than $1,000,000’’ and inserting ‘‘greater 
than 
$2,250,000 
and 
not 
less 
than 
$1,250,000’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) 
CONSIDERATION.—In 
awarding 
grants under this section, the Secretary shall 
consider historically black colleges and univer-
sities, as such term is defined in section 371(a) 
of the Higher Education Act of 1965 (20 
U.S.C. 1067q), and other minority institutions, 
as such term is defined by section 365 of the 
Higher Education Act (20 U.S.C. 1067k), or 
consortia that include such institutions that 
have demonstrated an ability in transportation- 
related research. 
‘‘(D) FOCUSED RESEARCH.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00913
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
914 
‘‘(i) 
IN
GENERAL.—In 
awarding 
grants under this section, the Secretary 
shall select not less than one grant recipi-
ent with each of the following focus areas: 
‘‘(I) Transit. 
‘‘(II) Connected and automated 
vehicle technology, including cyberse-
curity implications of technologies re-
lating to connected vehicles, connected 
infrastructure, and automated vehicle 
technology. 
‘‘(III) Non-motorized transpor-
tation, including bicycle and pedes-
trian safety. 
‘‘(IV) The surface transportation 
workforce, including— 
‘‘(aa) current and future 
workforce needs and challenges; 
and 
‘‘(bb) the impact of tech-
nology on the transportation sec-
tor. 
‘‘(V) Climate change mitigation, 
including— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00914
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
915 
‘‘(aa) researching the types 
of transportation projects that 
are expected to provide the most 
significant greenhouse gas emis-
sions reductions from the surface 
transportation sector; and 
‘‘(bb) researching the types 
of transportation projects that 
are not expected to provide sig-
nificant greenhouse gas emissions 
reductions 
from 
the 
surface 
transportation sector. 
‘‘(ii) 
ADDITIONAL
GRANTS.—In 
awarding grants under this section and 
after awarding grants pursuant to clause 
(i), the Secretary may award any remain-
ing grants to any grant recipient based on 
the 
criteria 
described 
in 
subsection 
(b)(4)(A).’’; 
(3) in subsection (d)(3) by striking ‘‘fiscal years 
2016 through 2020’’ and inserting ‘‘fiscal years 
2023 through 2026’’; 
(4) by redesignating subsection (f) as sub-
section (g); and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00915
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
916 
(5) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) SURPLUS AMOUNTS.— 
‘‘(1) IN GENERAL.—Amounts made available to 
the Secretary to carry out this section that remain 
unobligated after awarding grants under subsection 
(c) shall be made available under the unsolicited re-
search initiative under section 5506. 
‘‘(2) 
LIMITATION
ON
AMOUNTS.—Amounts 
under paragraph (1) shall not exceed $2,000,000 for 
any given fiscal year.’’. 
SEC. 5105. UNSOLICITED RESEARCH INITIATIVE. 
(a) IN GENERAL.—Subchapter I of chapter 55 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 5506. Unsolicited research initiative 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of this section, the Secretary shall 
establish a program under which an eligible entity may 
at any time submit unsolicited research proposals for 
funding under this section. 
‘‘(b) CRITERIA.—A research proposal submitted 
under subsection (a) shall meet the purposes of the Sec-
retary’s 5-year transportation research and development 
strategic plan described in section 6503(c)(1). 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00916
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
917 
‘‘(c) APPLICATIONS.—To receive funding under this 
section, eligible entities shall submit to the Secretary an 
application that is in such form and contains such infor-
mation as the Secretary may require. 
‘‘(d) REPORT.—Not later than 18 months after the 
date of enactment of this section, and annually thereafter, 
the Secretary shall make available to the public on a public 
website a report on the progress and findings of the pro-
gram established under subsection (a). 
‘‘(e) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of an activity carried out under this section may 
not exceed 50 percent. 
‘‘(2) NON-FEDERAL SHARE.—All costs directly 
incurred by the non-Federal partners, including per-
sonnel, travel, facility, and hardware development 
costs, shall be credited toward the non-Federal share 
of the cost of an activity carried out under this sec-
tion. 
‘‘(f) FUNDING.— 
‘‘(1) IN GENERAL.—Of the funds made avail-
able to carry out the university transportation cen-
ters program under section 5505, $2,000,000 shall 
be available for each of fiscal years 2023 through 
2026 to carry out this section. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00917
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
918 
‘‘(2) FUNDING FLEXIBILITY.— 
‘‘(A) IN GENERAL.—For fiscal years 2023 
through 2026, funds made available under 
paragraph (1) shall remain available until ex-
pended. 
‘‘(B) UNCOMMITTED FUNDS.—If the Sec-
retary determines, at the end of a fiscal year, 
funds under paragraph (1) remain unexpended 
as a result of a lack of meritorious projects 
under this section, the Secretary may, for the 
following fiscal year, make remaining funds 
available under either this section or under sec-
tion 5505. 
‘‘(g) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
‘‘(1) a State; 
‘‘(2) a unit of local government; 
‘‘(3) a transit agency; 
‘‘(4) any nonprofit institution of higher edu-
cation, including a university transportation center 
under section 5505; and 
‘‘(5) a nonprofit organization.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 55 of title 49, United States Code, is amended by in-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00918
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
919 
serting after the item relating to section 5505 the fol-
lowing new item: 
‘‘5506. Unsolicited research initiative.’’. 
SEC. 
5106. 
NATIONAL 
COOPERATIVE 
MULTIMODAL 
FREIGHT TRANSPORTATION RESEARCH PRO-
GRAM. 
(a) IN GENERAL.—Chapter 702 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 70205. National cooperative multimodal freight 
transportation research program 
‘‘(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this section, the Secretary shall 
establish and support a national cooperative multimodal 
freight transportation research program. 
‘‘(b) AGREEMENT.—Not later than 6 months after 
the date of enactment of this section, the Secretary shall 
seek to enter into an agreement with the National Acad-
emy of Sciences to support and carry out administrative 
and management activities relating to the governance of 
the national cooperative multimodal freight transportation 
research program. 
‘‘(c) ADVISORY COMMITTEE.—In carrying out the 
agreement described in subsection (b), the National Acad-
emy of Sciences shall select a multimodal freight transpor-
tation 
research 
advisory 
committee 
consisting 
of 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00919
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
920 
multimodal freight stakeholders, including, at a min-
imum— 
‘‘(1) a representative of the Department of 
Transportation; 
‘‘(2) representatives of any other Federal agen-
cies relevant in supporting the nation’s multimodal 
freight transportation research needs; 
‘‘(3) a representative of a State department of 
transportation; 
‘‘(4) a representative of a local government 
(other than a metropolitan planning organization); 
‘‘(5) a representative of a metropolitan planning 
organization; 
‘‘(6) a representative of the trucking industry; 
‘‘(7) a representative of the railroad industry; 
‘‘(8) a representative of the port industry; 
‘‘(9) a representative of logistics industry; 
‘‘(10) a representative of shipping industry; 
‘‘(11) a representative of a safety advocacy 
group with expertise in freight transportation; 
‘‘(12) an academic expert on multimodal freight 
transportation; 
‘‘(13) an academic expert on the contributions 
of freight movement to greenhouse gas emissions; 
and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00920
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
921 
‘‘(14) representatives of labor organizations 
representing workers in freight transportation. 
‘‘(d) 
ELEMENTS.—The 
national 
cooperative 
multimodal freight transportation research program estab-
lished under this section shall include the following ele-
ments: 
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee under subsection (c), in consultation 
with interested parties, shall recommend a national 
research agenda for the program established in this 
section. 
‘‘(2) INVOLVEMENT.—Interested parties may— 
‘‘(A) submit research proposals to the advi-
sory committee; 
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research 
products; and 
‘‘(C) receive research results. 
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF 
RESEARCH PROPOSALS.—The National Academy of 
Sciences may award research contracts and grants 
under the program through open competition and 
merit review conducted on a regular basis. 
‘‘(4) EVALUATION OF RESEARCH.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00921
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
922 
‘‘(A) PEER REVIEW.—Research contracts 
and grants under the program may allow peer 
review of the research results. 
‘‘(B) PROGRAMMATIC EVALUATIONS.—The 
National Academy of Sciences shall conduct 
periodic programmatic evaluations on a regular 
basis of research contracts and grants. 
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.— 
‘‘(A) IN
GENERAL.—The National Acad-
emy of Sciences shall disseminate research find-
ings to researchers, practitioners, and decision-
makers, through conferences and seminars, field 
demonstrations, workshops, training programs, 
presentations, testimony to government offi-
cials, a public website for the National Academy 
of Sciences, publications for the general public, 
and other appropriate means. 
‘‘(B) REPORT.—Not more than 18 months 
after the date of enactment of this section, and 
annually thereafter, the Secretary shall make 
available on a public website a report that de-
scribes the ongoing research and findings of the 
program. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00922
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
923 
‘‘(e) CONTENTS.—The national research agenda 
under subsection (d)(1) shall include— 
‘‘(1) techniques and tools for estimating and 
identifying both quantitative and qualitative public 
benefits derived from multimodal freight transpor-
tation projects, including— 
‘‘(A) greenhouse gas emissions reduction; 
‘‘(B) congestion reduction; and 
‘‘(C) safety benefits; 
‘‘(2) the impact of freight delivery vehicles, in-
cluding trucks, railcars, and non-motorized vehicles, 
on congestion in urban and rural areas; 
‘‘(3) the impact of both centralized and dis-
parate origins and destinations on freight movement; 
‘‘(4) the impacts of increasing freight volumes 
on transportation planning, including— 
‘‘(A) first-mile and last-mile challenges to 
multimodal freight movement; 
‘‘(B) multimodal freight travel in both 
urban and rural areas; and 
‘‘(C) commercial motor vehicle parking and 
rest areas; 
‘‘(5) the effects of Internet commerce and accel-
erated delivery speeds on freight movement and in-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00923
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
924 
creased commercial motor vehicle volume, including 
impacts on— 
‘‘(A) safety on public roads; 
‘‘(B) congestion in both urban and rural 
areas; 
‘‘(C) first-mile and last-mile challenges and 
opportunities; 
‘‘(D) the environmental impact of freight 
transportation, including on air quality and on 
greenhouse gas emissions; and 
‘‘(E) vehicle miles-traveled by freight-deliv-
ering vehicles; 
‘‘(6) the impacts of technological advancements 
in freight movement, including impacts on— 
‘‘(A) congestion in both urban and rural 
areas; 
‘‘(B) first-mile and last-mile challenges 
and opportunities; and 
‘‘(C) vehicle miles-traveled; 
‘‘(7) methods and best practices for aligning 
multimodal 
infrastructure 
improvements 
with 
multimodal freight transportation demand, including 
improvements to the National Multimodal Freight 
Network under section 70103; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00924
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
925 
‘‘(8) other research areas to identify and ad-
dress current, emerging, and future needs related to 
multimodal freight transportation. 
‘‘(f) FUNDING.— 
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this section 
shall be 100 percent. 
‘‘(2) 
PERIOD
OF
AVAILABILITY.—Amounts 
made available to carry out this section shall remain 
available until expended. 
‘‘(g) DEFINITION OF GREENHOUSE GAS.—In this 
section, the term ‘greenhouse gas’ has the meaning given 
such term in section 211(o)(1) of the Clean Air Act (42 
U.S.C. 7545(o)(1)).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 702 of title 49, United States Code, is amended by 
adding at the end the following new item: 
‘‘70205. National cooperative multimodal freight transportation research pro-
gram.’’. 
SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND 
HABITAT CONNECTIVITY IMPROVEMENT. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall conduct a study examining methods to 
reduce collisions between motorists and wildlife (re-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00925
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
926 
ferred to in this section as ‘‘wildlife-vehicle colli-
sions’’). 
(2) CONTENTS.— 
(A) AREAS
OF
STUDY.—The study re-
quired under paragraph (1) shall— 
(i) update and expand on, as appro-
priate— 
(I) the report titled ‘‘Wildlife Ve-
hicle Collision Reduction Study: 2008 
Report to Congress’’: and 
(II) the document titled ‘‘Wildlife 
Vehicle Collision Reduction Study: 
Best Practices Manual’’ and dated 
October 2008; and 
(ii) include— 
(I) an assessment, as of the date 
of the study, of— 
(aa) the causes of wildlife- 
vehicle collisions; 
(bb) the impact of wildlife- 
vehicle collisions on motorists 
and wildlife; and 
(cc) the impacts of roads 
and 
traffic 
on 
habitat 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00926
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
927 
connectivity for terrestrial and 
aquatic species; and 
(II) solutions and best practices 
for— 
(aa) reducing wildlife-vehicle 
collisions; and 
(bb) 
improving 
habitat 
connectivity for terrestrial and 
aquatic species. 
(B) METHODS.—In carrying out the study 
required under paragraph (1), the Secretary 
shall— 
(i) conduct a thorough review of re-
search and data relating to— 
(I) wildlife-vehicle collisions; and 
(II) habitat fragmentation that 
results from transportation infrastruc-
ture; 
(ii) survey current practices of the 
Department of Transportation and State 
departments of transportation to reduce 
wildlife-vehicle collisions; and 
(iii) consult with— 
(I) appropriate experts in the 
field of wildlife-vehicle collisions; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00927
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
928 
(II) appropriate experts on the 
effects of roads and traffic on habitat 
connectivity for terrestrial and aquatic 
species. 
(3) REPORT.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this Act, 
the Secretary shall submit to Congress a report 
on the results of the study required under para-
graph (1). 
(B) 
CONTENTS.—The 
report 
required 
under subparagraph (A) shall include— 
(i) a description of— 
(I) the causes of wildlife-vehicle 
collisions; 
(II) the impacts of wildlife-vehicle 
collisions; and 
(III) the impacts of roads and 
traffic on— 
(aa) species listed as threat-
ened species or endangered spe-
cies under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 
et seq.); 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00928
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
929 
(bb) species identified by 
States as species of greatest con-
servation need; 
(cc) species identified in 
State wildlife plans; and 
(dd) medium and small ter-
restrial and aquatic species; 
(ii) an economic evaluation of the 
costs and benefits of installing highway in-
frastructure and other measures to miti-
gate damage to terrestrial and aquatic spe-
cies, including the effect on jobs, property 
values, and economic growth to society, ad-
jacent communities, and landowners; 
(iii) recommendations for preventing 
wildlife-vehicle collisions, including rec-
ommended best practices, funding re-
sources, or other recommendations for ad-
dressing wildlife-vehicle collisions; and 
(iv) guidance to develop, for each 
State that agrees to participate, a vol-
untary joint statewide transportation and 
wildlife action plan. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00929
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
930 
(C) PURPOSES.—The purpose of the guid-
ance described in subparagraph (B)(iv) shall 
be— 
(i) to address wildlife-vehicle colli-
sions; and 
(ii) to improve habitat connectivity for 
terrestrial and aquatic species. 
(D) CONSULTATION.—The Secretary shall 
develop the guidance described under subpara-
graph (B)(iv) in consultation with— 
(i) Federal land management agen-
cies; 
(ii) State departments of transpor-
tation; 
(iii) State fish and wildlife agencies; 
and 
(iv) Tribal governments. 
(b) STANDARDIZATION OF WILDLIFE COLLISION AND 
CARCASS DATA.— 
(1) STANDARDIZATION METHODOLOGY.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Transportation, acting through the Adminis-
trator of the Federal Highway Administration, 
shall develop a quality standardized method-
ology for collecting and reporting spatially accu-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00930
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
931 
rate wildlife collision and carcass data for the 
National Highway System, taking into consider-
ation the practicability of the methodology with 
respect to technology and cost. 
(B) METHODOLOGY.—In developing the 
standardized methodology under subparagraph 
(A), the Secretary shall— 
(i) survey existing methodologies and 
sources of data collection, including the 
Fatality Analysis Reporting System, the 
General Estimates System of the National 
Automotive Sampling System, and the 
Highway Safety Information System; and 
(ii) to the extent practicable, identify 
and correct limitations of such existing 
methodologies and sources of data collec-
tion. 
(C) CONSULTATION.—In developing the 
standardized methodology under subparagraph 
(A), the Secretary shall consult with— 
(i) the Secretary of the Interior; 
(ii) the Secretary of Agriculture, act-
ing through the Chief of the Forest Serv-
ice; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00931
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
932 
(iii) Tribal, State, and local transpor-
tation and wildlife authorities; 
(iv) metropolitan planning organiza-
tions (as such term is defined in section 
134(b) of title 23, United States Code); 
(v) members of the American Associa-
tion of State Highway and Transportation 
Officials; 
(vi) members of the Association of 
Fish and Wildlife Agencies; 
(vii) experts in the field of wildlife-ve-
hicle collisions; 
(viii) nongovernmental organizations; 
and 
(ix) other interested stakeholders, as 
appropriate. 
(2) STANDARDIZED
NATIONAL
DATA
SYSTEM 
WITH VOLUNTARY TEMPLATE IMPLEMENTATION.— 
The Secretary shall— 
(A) develop a template for State implemen-
tation of a standardized national wildlife colli-
sion and carcass data system for the National 
Highway System that is based on the standard-
ized methodology developed under paragraph 
(1); and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00932
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
933 
(B) encourage the voluntary implementa-
tion of the template developed under subpara-
graph (A) for States, metropolitan planning or-
ganizations, and additional relevant transpor-
tation stakeholders. 
(3) REPORTS.— 
(A) METHODOLOGY.—The Secretary shall 
submit to Congress a report describing the de-
velopment of the standardized methodology re-
quired under paragraph (1) not later than— 
(i) the date that is 18 months after 
the date of enactment of this Act; and 
(ii) the date that is 180 days after the 
date on which the Secretary completes the 
development of such standardized method-
ology. 
(B) IMPLEMENTATION.—Not later than 3 
years after the date of enactment of this Act, 
the Secretary shall submit to Congress a report 
describing— 
(i) the status of the voluntary imple-
mentation of the standardized methodology 
developed under paragraph (1) and the 
template 
developed 
under 
paragraph 
(2)(A); 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00933
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
934 
(ii) whether the implementation of the 
standardized methodology developed under 
paragraph (1) and the template developed 
under paragraph (2)(A) has impacted ef-
forts by States, units of local government, 
and other entities— 
(I) to reduce the number of wild-
life-vehicle collisions; and 
(II) 
to 
improve 
habitat 
connectivity; 
(iii) the degree of the impact de-
scribed in clause (ii); and 
(iv) the recommendations of the Sec-
retary, including recommendations for fur-
ther study aimed at reducing motorist col-
lisions involving wildlife and improving 
habitat connectivity for terrestrial and 
aquatic species on the National Highway 
System, if any. 
(c) NATIONAL THRESHOLD GUIDANCE.—The Sec-
retary of Transportation shall— 
(1) establish guidance, to be carried out by 
States on a voluntary basis, that contains a thresh-
old for determining whether a highway shall be eval-
uated for potential mitigation measures to reduce 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00934
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
935 
wildlife-vehicle 
collisions 
and 
increase 
habitat 
connectivity for terrestrial and aquatic species, tak-
ing into consideration— 
(A) the number of wildlife-vehicle collisions 
on the highway that pose a human safety risk; 
(B) highway-related mortality and effects 
of traffic on the highway on— 
(i) species listed as endangered spe-
cies or threatened species under the En-
dangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(ii) species identified by a State as 
species of greatest conservation need; 
(iii) species identified in State wildlife 
plans; and 
(iv) medium and small terrestrial and 
aquatic species; and 
(C) habitat connectivity values for terres-
trial and aquatic species and the barrier effect 
of the highway on the movements and migra-
tions of those species. 
(d) WORKFORCE DEVELOPMENT
AND TECHNICAL 
TRAINING.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00935
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
936 
shall, based on the study conducted under subsection 
(a), develop a series of in-person and online work-
force development and technical training courses— 
(A) to reduce wildlife-vehicle collisions; and 
(B) to improve habitat connectivity for ter-
restrial and aquatic species. 
(2) AVAILABILITY.—The Secretary shall— 
(A) make the series of courses developed 
under paragraph (1) available for transpor-
tation and fish and wildlife professionals; and 
(B) update the series of courses not less 
frequently than once every 2 years. 
(e) WILDLIFE HABITAT CONNECTIVITY
AND NA-
TIONAL BRIDGE AND TUNNEL INVENTORY AND INSPEC-
TION STANDARDS.—Section 144 of title 23, United States 
Code, is amended in subsection (a)(2)— 
(1) in subparagraph (B) by inserting ‘‘, resil-
ience,’’ after ‘‘safety’’; 
(2) in subparagraph (D) by striking ‘‘and’’ at 
the end; 
(3) in subparagraph (E) by striking the period 
at the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(F) to ensure adequate passage of aquatic 
and terrestrial species, where appropriate.’’; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00936
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
937 
SEC. 5108. RESEARCH ACTIVITIES. 
Section 330(g) of title 49, United States Code, is 
amended by striking ‘‘each of fiscal years 2016 through 
2020’’ and inserting ‘‘each of fiscal years 2023 through 
2026’’. 
SEC. 5109. TRANSPORTATION EQUITY RESEARCH PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a transportation equity research program 
for research and demonstration activities that focus on the 
impacts that surface transportation planning, investment, 
and operations have on low-income populations, minority 
populations, and other underserved populations that may 
be dependent on public transportation. Such activities 
shall include research on surface transportation equity 
issues, the development of strategies to advance economic 
and community development in public transportation-de-
pendent populations, and the development of training pro-
grams that promote the employment of low-income popu-
lations, minority populations, and other underserved popu-
lations on Federal-aid transportation projects constructed 
in their communities. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$2,000,000 for each of fiscal years 2023 through 2026. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00937
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
938 
(c) AVAILABILITY
OF AMOUNTS.—Amounts made 
available to the Secretary to carry out this section shall 
remain available for a period of 3 years beginning after 
the last day of the fiscal year for which the amounts are 
authorized. 
SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVEL-
OPMENT, AND TECHNOLOGY. 
Section 502(b)(3)(C) of title 23, United States Code, 
is amended by inserting ‘‘entities that represent the needs 
of metropolitan planning organizations,’’ after ‘‘Offi-
cials,’’. 
SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT 
PROGRAM. 
(a) ESTABLISHMENT.—Not later than 6 months after 
the date of enactment of this Act, the Secretary of Trans-
portation shall seek to enter into an agreement with a non-
profit nongovernmental entity that exclusively serves the 
needs and interests of metropolitan planning organizations 
to establish a pilot program to provide awards to eligible 
entities to carry out eligible activities to enhance and im-
prove metropolitan planning practices in surface transpor-
tation. 
(b) GOALS.—The goals of the pilot program estab-
lished under this section include— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00938
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
939 
(1) enhancing metropolitan planning practices 
in surface transportation; 
(2) improving the ability of metropolitan plan-
ning organizations to meet performance measures 
and targets under section 150 of title 23, United 
States Code; 
(3) preparing for the impact that emerging 
technologies, such as connected and automated vehi-
cles, will have on the metropolitan planning process; 
(4) improving environmental considerations in 
the metropolitan planning process; 
(5) reducing greenhouse gas emissions and lim-
iting the effects of climate change; 
(6) improving access to jobs and services; 
(7) supporting underserved communities; and 
(8) expanding the ability of metropolitan plan-
ning organizations to collect public input and 
strengthen community engagement. 
(c) FORMS
OF ASSISTANCE.—An award provided 
under this section may be in the form of a grant, contract, 
or cooperative agreement. 
(d) COMPETITIVE SELECTION PROCESS.— 
(1) APPLICATIONS.—To be eligible to receive an 
award under this section, an eligible entity shall sub-
mit to the Secretary an application in such form and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00939
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
940 
containing such information as the Secretary may 
require. 
(2) SELECTION CRITERIA.—The Secretary may 
provide awards under this section to any eligible en-
tity based on the demonstrated ability of the entity 
to fulfill the goals described under subsection (b) 
and carry out eligible activities. 
(e) TRANSPARENCY.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report describ-
ing the selection process for providing an award under this 
section and the results of activities carried out under this 
section. 
(f) DEFINITIONS.—In this section: 
(1) ELIGIBLE
ACTIVITY.—The term ‘‘eligible 
activity’’ means— 
(A) carrying out research to improve met-
ropolitan planning practices; 
(B) developing new metropolitan planning 
tools; 
(C) improving existing metropolitan plan-
ning tools and practices; or 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00940
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
941 
(D) any other research activities the Sec-
retary determines to be appropriate, consistent 
with the goals under subsection (b). 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a metropolitan planning organization 
designated under section 134(d) of title 23, 
United States Code; 
(B) a metropolitan planning organization 
working in partnership with a nonprofit organi-
zation; 
(C) a metropolitan planning organization 
working in partnership with a county; or 
(D) a group of entities described under 
subparagraphs (A) through (C). 
(g) FEDERAL SHARE.—The Federal share of the cost 
of an activity carried out using an award under this sec-
tion shall be 100 percent. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN
GENERAL.—From the amounts made 
available to carry out section 503(b) of title 23, 
United States Code, for each of fiscal years 2023 
through 2026, the Secretary may expend $1,000,000 
to carry out this section. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00941
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
942 
(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amounts made available under paragraph (1), the 
Secretary may use up to 5 percent of such funds for 
administrative expenses. 
(i) INFORMATION COLLECTION.—Any survey, ques-
tionnaire, or interview that the Secretary determines to 
be necessary to carry out reporting requirements relating 
to any program assessment or evaluation activity under 
this section, including customer satisfaction assessments, 
shall not be subject to chapter 35 of title 44, United 
States Code (commonly known as the ‘‘Paperwork Reduc-
tion Act’’). 
Subtitle B—Technology 
Deployment 
SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT 
PROGRAM. 
Section 503(c) of title 23, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A) by inserting ‘‘, 
while considering the impacts on jobs’’ after 
‘‘transportation community’’; 
(B) in subparagraph (D) by striking ‘‘; 
and’’ and inserting a semicolon; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00942
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
943 
(C) in subparagraph (E) by striking the 
period and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(F) reducing greenhouse gas emissions 
and limiting the effects of climate change.’’; 
and 
(2) in paragraph (2)(A) by striking the period 
and inserting ‘‘and findings from the materials to 
reduce greenhouse gas emissions program under 
subsection (d).’’. 
SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOY-
MENT OF PAVEMENT TECHNOLOGIES. 
Section 503(c)(3) of title 23, United States Code, is 
amended— 
(1) in subparagraph (B)— 
(A) in clause (v) by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in clause (vi) by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(vii) the deployment of innovative 
pavement designs, materials, and practices 
that reduce or sequester the amount of 
greenhouse gas emissions generated during 
the production of highway materials and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00943
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
944 
the construction of highways, with consid-
eration for findings from the materials to 
reduce greenhouse gas emissions program 
under subsection (d).’’; 
(2) in subparagraph (C) by striking ‘‘fiscal 
years 2016 through 2020’’ and inserting ‘‘fiscal 
years 2023 through 2026’’; and 
(3) in subparagraph (D)(ii)— 
(A) in subclause (III) by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in subclause (IV) by striking the pe-
riod and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(V) pavement monitoring and 
data collection practices; 
‘‘(VI) pavement durability and 
resilience; 
‘‘(VII) stormwater management; 
‘‘(VIII) impacts on vehicle effi-
ciency; 
‘‘(IX) the energy efficiency of the 
production of paving materials and 
the ability of paving materials to en-
hance the environment and promote 
sustainability; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00944
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
945 
‘‘(X) integration of renewable en-
ergy in pavement designs; and 
‘‘(XI) greenhouse gas emissions 
reduction, including findings from the 
materials to reduce greenhouse gas 
emissions program under subsection 
(d).’’. 
SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY 
DAY COUNTS INITIATIVE. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 520. Every Day Counts initiative 
‘‘(a) IN GENERAL.—It is in the national interest for 
the Department of Transportation, State departments of 
transportation, and all other recipients of Federal surface 
transportation funds— 
‘‘(1) to identify, accelerate, and deploy innova-
tion aimed at expediting project delivery; 
‘‘(2) enhancing the safety of the roadways of 
the United States, and protecting the environment; 
‘‘(3) to ensure that the planning, design, engi-
neering, construction, and financing of transpor-
tation projects is done in an efficient and effective 
manner; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00945
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
946 
‘‘(4) to promote the rapid deployment of proven 
solutions that provide greater accountability for pub-
lic investments and encourage greater private sector 
involvement; and 
‘‘(5) to create a culture of innovation within the 
highway community. 
‘‘(b) EVERY DAY COUNTS INITIATIVE.—To advance 
the policy described in subsection (a), the Administrator 
of the Federal Highway Administration shall continue the 
Every Day Counts initiative to work with States, local 
transportation agencies, all other recipients of Federal 
surface transportation funds, and industry stakeholders, 
including labor representatives, to identify and deploy 
proven innovative practices and products that— 
‘‘(1) accelerate innovation deployment; 
‘‘(2) expedite the project delivery process; 
‘‘(3) improve environmental sustainability; 
‘‘(4) enhance roadway safety; 
‘‘(5) reduce congestion; and 
‘‘(6) reduce greenhouse gas emissions. 
‘‘(c) CONSIDERATIONS.—In carrying out the Every 
Day Counts initiative, the Administrator shall consider 
any innovative practices and products in accordance with 
subsections (a) and (b), including— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00946
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
947 
‘‘(1) research results from the university trans-
portation centers program under section 5505 of 
title 49; and 
‘‘(2) results from the materials to reduce green-
house gas emissions program in section 503(d). 
‘‘(d) INNOVATION DEPLOYMENT.— 
‘‘(1) IN GENERAL.—At least every 2 years, the 
Administrator shall work collaboratively with stake-
holders to identify a new collection of innovations, 
best practices, and data to be deployed to highway 
stakeholders through case studies, outreach, and 
demonstration projects. 
‘‘(2) REQUIREMENTS.—In identifying a collec-
tion described in paragraph (1), the Secretary shall 
take into account market readiness, impacts, bene-
fits, and ease of adoption of the innovation or prac-
tice. 
‘‘(e) PUBLICATION.—Each collection identified under 
subsection (d) shall be published by the Administrator on 
a publicly available website. 
‘‘(f) FUNDING.—The Secretary may use funds made 
available to carry out section 503(c) to carry out this sec-
tion. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00947
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
948 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to allow the Secretary to waive any 
requirement under any other provision of Federal law.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 5 of title 23, United States Code, is amended by add-
ing at the end the following new item: 
‘‘520. Every Day Counts initiative.’’. 
(c) REPEAL.—Section 1444 of the FAST Act (23 
U.S.C. 101 note), and the item related to such section in 
the table of contents in section 1(b) of such Act, are re-
pealed. 
Subtitle C—Emerging Technologies 
SEC. 
5301. 
MOBILITY 
THROUGH 
ADVANCED 
TECH-
NOLOGIES. 
Section 503(c)(4) of title 23, United States Code, is 
amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘Not later than 6 months 
after the date of enactment of this paragraph, 
the’’ and inserting ‘‘The’’; 
(B) by striking ‘‘establish an advanced 
transportation and congestion management 
technologies deployment’’ and inserting ‘‘estab-
lish a mobility through advanced technologies’’; 
(C) by inserting ‘‘mobility,’’ before ‘‘effi-
ciency,’’; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00948
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
949 
(D) by inserting ‘‘environmental impacts,’’ 
after ‘‘system performance,’’; 
(2) in subparagraph (B)— 
(A) by striking clause (i) and inserting the 
following: 
‘‘(i) reduce costs, improve return on 
investments, and improve person through-
put and mobility, including through the op-
timization of existing transportation capac-
ity;’’; 
(B) in clause (iv) by inserting ‘‘bicyclist, 
and’’ before ‘‘pedestrian’’; 
(C) in clause (vii) by striking ‘‘; or’’ and 
inserting a semicolon; 
(D) in clause (viii)— 
(i) by striking ‘‘accelerate’’ and insert-
ing ‘‘prepare for’’; and 
(ii) by striking the period and insert-
ing ‘‘; or’’; and 
(E) by adding at the end the following: 
‘‘(ix) reduce greenhouse gas emissions 
and limit the effects of climate change.’’; 
(3) in subparagraph (C)— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00949
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
950 
(A) in clause (ii)(II)(aa) by striking ‘‘con-
gestion’’ and inserting ‘‘congestion and delays, 
greenhouse gas emissions’’; and 
(B) by adding at the end the following: 
‘‘(iii) CONSIDERATIONS.—An applica-
tion submitted under this paragraph may 
include a description of how the proposed 
project would support the national goals 
described in section 150(b), the achieve-
ment of metropolitan and statewide targets 
established under section 150(d), or the 
improvement of transportation system ac-
cess consistent with section 150(f), includ-
ing through— 
‘‘(I) the congestion and on-road 
mobile-source emissions performance 
measures established under section 
150(c)(5); or 
‘‘(II) the greenhouse gas emis-
sions performance measures estab-
lished under section 150(c)(7).’’; 
(4) in subparagraph (D) by adding at the end 
the following: 
‘‘(iv) PRIORITIZATION.—In awarding 
a grant under this paragraph, the Sec-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00950
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
951 
retary shall prioritize projects that, in ac-
cordance with the criteria described in sub-
paragraph (B)— 
‘‘(I) improve person throughput 
and mobility, including through the 
optimization of existing transportation 
capacity; 
‘‘(II) deliver environmental bene-
fits; 
‘‘(III) reduce the number and se-
verity of traffic crashes and increase 
driver, passenger, bicyclist, and pedes-
trian safety; or 
‘‘(IV) reduce greenhouse gas 
emissions and limit the effects of cli-
mate change. 
‘‘(v) GRANT DISTRIBUTION.—In each 
fiscal year, the Secretary shall award not 
fewer than 3 grants under this paragraph 
based on the potential of the project to re-
duce the number and severity of traffic 
crashes and increase, driver, passenger, bi-
cyclist, and pedestrian safety.’’; 
(5) in subparagraph (E)— 
(A) in clause (vi)— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00951
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
952 
(i) by inserting ‘‘, vehicle-to-pedes-
trian,’’ after ‘‘vehicle-to-vehicle’’; and 
(ii) by inserting ‘‘systems to improve 
vulnerable road user safety,’’ before ‘‘tech-
nologies associated with’’ ; 
(B) in clause (viii) by striking ‘‘; or’’ and 
inserting a semicolon; 
(C) in clause (ix) by striking ‘‘disabled in-
dividuals.’’ and inserting ‘‘disabled individuals, 
including activities under section 5316 of title 
49; or’’; and 
(D) by adding at the end the following: 
‘‘(x) measures to safeguard surface 
transportation system technologies under 
this 
subparagraph 
from 
cybersecurity 
threats.’’. 
(6) by striking subparagraph (G) and inserting 
the following: 
‘‘(G) REPORTING.— 
‘‘(i) APPLICABILITY
OF
LAW.—The 
program under this paragraph shall be 
subject to the accountability and oversight 
requirements in section 106(m). 
‘‘(ii) REPORT.—Not later than 3 
years after the date that the first grant is 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00952
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
953 
awarded under this paragraph, and each 
year thereafter, the Secretary shall make 
available to the public on a website a re-
port that describes the effectiveness of 
grant recipients in meeting their projected 
deployment plans, including data provided 
under subparagraph (F) on how the pro-
gram has provided benefits, such as how 
the program has— 
‘‘(I) reduced traffic-related fatali-
ties and injuries; 
‘‘(II) reduced traffic congestion 
and improved travel time reliability; 
‘‘(III) reduced transportation-re-
lated emissions; 
‘‘(IV) optimized multimodal sys-
tem performance; 
‘‘(V) improved access to trans-
portation alternatives; 
‘‘(VI) provided the public with 
access to real-time integrated traffic, 
transit, and multimodal transpor-
tation information to make informed 
travel decisions; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00953
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
954 
‘‘(VII) provided cost savings to 
transportation agencies, businesses, 
and the traveling public; 
‘‘(VIII) created or maintained 
transportation jobs and supported 
transportation workers; or 
‘‘(IX) provided other benefits to 
transportation users and the general 
public. 
‘‘(iii) CONSIDERATIONS.—If applica-
ble, the Secretary shall ensure that the ac-
tivities described in subclauses (I) and (IV) 
of clause (ii) reflect— 
‘‘(I) any information described in 
subparagraph (C)(iii) that is included 
by an applicant; or 
‘‘(II) the project prioritization 
guidelines 
under 
subparagraph 
(D)(iv).’’; 
(7) in subparagraph (I) by striking ‘‘FUNDING’’ 
and all that follows through ‘‘the Secretary may set 
aside’’ and inserting the following: ‘‘FUNDING.—Of 
the amounts made available to carry out this para-
graph, the Secretary may set aside’’; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00954
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
955 
(8) in subparagraph (J) by striking the period 
at the end and inserting ‘‘, except that the Federal 
share of the cost of a project for which a grant is 
awarded under this paragraph shall not exceed 80 
percent.’’; 
(9) in subparagraph (K) by striking ‘‘amount 
described under subparagraph (I)’’ and inserting 
‘‘funds made available to carry out this paragraph’’; 
(10) by striking subparagraph (M) and insert-
ing the following: 
‘‘(M) GRANT FLEXIBILITY.—If, by August 
1 of each fiscal year, the Secretary determines 
that there are not enough grant applications 
that meet the requirements described in sub-
paragraph (C) to carry out this paragraph for 
a fiscal year, the Secretary shall transfer to the 
technology and innovation deployment pro-
gram— 
‘‘(i) any of the funds made available 
to carry out this paragraph in a fiscal year 
that the Secretary has not yet awarded 
under this paragraph; and 
‘‘(ii) an amount of obligation limita-
tion equal to the amount of funds that the 
Secretary transfers under clause (i).’’; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00955
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
956 
(11) in subparagraph (N)— 
(A) in clause (i) by inserting ‘‘an urban-
ized area with’’ before ‘‘a population of’’; and 
(B) in clause (iii) by striking ‘‘a any’’ and 
inserting ‘‘any’’. 
SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PRO-
GRAM. 
(a) USE OF FUNDS FOR ITS ACTIVITIES.—Section 
513(c)(1) of title 23, United States Code, is amended by 
inserting ‘‘greenhouse gas emissions reduction,’’ before 
‘‘and congestion management’’. 
(b) GOALS AND PURPOSES.—Section 514(a) of title 
23, United States Code, is amended— 
(1) in paragraph (6) by striking ‘‘national 
freight 
policy 
goals’’ 
and 
inserting 
‘‘national 
multimodal freight policy goals and activities de-
scribed in subtitle IX of title 49’’; 
(2) by redesignating paragraphs (4), (5), and 
(6) as paragraphs (5), (6), and (7), respectively; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) reduction of greenhouse gas emissions and 
mitigation of the effects of climate change;’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00956
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
957 
(c) GENERAL AUTHORITIES AND REQUIREMENTS.— 
Section 515(h) of title 23, United States Code, is amend-
ed— 
(1) in paragraph (2)— 
(A) by striking ‘‘20 members’’ and insert-
ing ‘‘25 members’’; 
(B) in subparagraph (A) by striking 
‘‘State highway department’’ and inserting 
‘‘State department of transportation’’; 
(C) in subparagraph (B) by striking ‘‘local 
highway department’’ and inserting ‘‘local de-
partment of transportation’’; 
(D) by striking subparagraphs (E), (F), 
(G), (H), (I), and (J) and inserting the fol-
lowing: 
‘‘(E) a private sector representative of the 
intelligent transportation systems industry; 
‘‘(F) a representative from an advocacy 
group concerned with safety, including bicycle 
and pedestrian interests; 
‘‘(G) a representative from a labor organi-
zation; and’’; 
(E) by redesignating subparagraph (K) as 
subparagraph (H); and 
(F) by striking subparagraph (L); 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00957
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
958 
(2) in paragraph (3)— 
(A) in subparagraph (A) by striking ‘‘sec-
tion 508’’ and inserting ‘‘section 6503 of title 
49’’; 
(B) in subparagraph (B)— 
(i) in clause (ii)— 
(I) by inserting ‘‘in both urban 
and rural areas’’ after ‘‘by users’’; 
and 
(II) by striking ‘‘; and’’ and in-
serting a semicolon; 
(ii) in clause (iii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) assess how Federal transpor-
tation resources, including programs under 
this title, are being used to advance intel-
ligent transportation systems.’’; and 
(C) by adding at the end the following: 
‘‘(C) Convene not less frequently than 
twice each year, either in person or remotely.’’; 
(3) in paragraph (4) by striking ‘‘May 1’’ and 
inserting ‘‘April 1’’; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00958
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
959 
(4) in paragraph (5) by inserting ‘‘, except that 
section 14 of such Act shall not apply’’ before the 
period at the end. 
(d) RESEARCH AND DEVELOPMENT.—Section 516(a) 
of title 23, United States Code, is amended by inserting 
‘‘including through grants to entities or groups of entities, 
such as institutions of higher education,’’ after ‘‘research 
and development,’’. 
(e) 
RESEARCH
AND
DEVELOPMENT
PRIORITY 
AREAS.—Section 516(b) of title 23, United States Code, 
is amended— 
(1) by redesignating paragraphs (5), (6), and 
(7) as paragraphs (6), (7), and (8), respectively; 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) demonstrate reductions in greenhouse gas 
emissions;’’; 
(3) in paragraph (7), as so redesignated, by 
striking ‘‘; or’’ and inserting a semicolon; 
(4) in paragraph (8), as so redesignated, by 
striking the period and inserting a semicolon; and 
(5) by adding at the end the following: 
‘‘(9) integrate existing observational networks 
and data management systems for road weather ap-
plications; or 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00959
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
960 
‘‘(10) facilitate the interconnectivity of data 
and information technology systems across different 
observational networks and different users.’’. 
SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND 
MOBILITY INNOVATION CLEARINGHOUSE. 
(a) IN GENERAL.—Subchapter I of chapter 55 of title 
49, United States Code, is further amended by adding at 
the end the following: 
‘‘§ 5507. National highly automated vehicle and mo-
bility innovation clearinghouse 
‘‘(a) IN GENERAL.—The Secretary shall make a 
grant to an institution of higher education engaged in re-
search on the secondary impacts of highly automated vehi-
cles and mobility innovation to— 
‘‘(1) operate a national highly automated vehi-
cle and mobility innovation clearinghouse; 
‘‘(2) collect, conduct, and fund research on the 
secondary impacts of highly automated vehicles and 
mobility innovation; 
‘‘(3) make such research available on a public 
website; and 
‘‘(4) conduct outreach and dissemination of the 
information described in this subsection to assist 
communities. 
‘‘(b) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00960
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
961 
‘‘(1) HIGHLY AUTOMATED VEHICLE.—The term 
‘highly automated vehicle’ means a motor vehicle 
that is designed to be operated by a level 3 or level 
4 automated driving system for trips within its oper-
ational design domain or a level 5 automated driving 
system for all trips according to the recommended 
standards published in April 2021, by the Society of 
Automotive 
Engineers 
International 
(J3016l9 
202104) or, when adopted, equivalent standards es-
tablished by the Secretary under chapter 301 of title 
49, United States Code, with respect to automated 
motor vehicles. 
‘‘(2) MOBILITY INNOVATION.—The term ‘mobil-
ity innovation’ means an activity described in section 
5316, including mobility on demand and mobility as 
a service (as such terms are defined in such section). 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
‘‘(4) SECONDARY
IMPACTS.—The term ‘sec-
ondary impacts’ means the impacts on land use, 
urban design, transportation systems, real estate, 
accessibility, municipal budgets, social equity, avail-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00961
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
962 
ability and quality of jobs, air quality and climate, 
energy consumption, and the environment.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 55 of title 49, United States Code, is amended by in-
serting after the item relating to section 5506, as added 
by this Act, the following: 
‘‘5507. National highly automated vehicle and mobility innovation clearing-
house.’’. 
(c) DEADLINE
FOR CLEARINGHOUSE.—The Sec-
retary of Transportation shall ensure that the institution 
of higher education that receives the grant described in 
section 5507(a)(1) of title 49, United States Code, as 
added by subsection (a), shall establish the national highly 
automated vehicle clearinghouse described in such section 
not later than 180 days after the date of enactment of 
this Act. 
SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTO-
MATED VEHICLES AND ROAD USERS. 
(a) PURPOSE.—The purpose of this section shall be 
to ensure that the increasing deployment of automated ve-
hicles does not jeopardize the safety of road users. 
(b) STUDY.— 
(1) 
ESTABLISHMENT.—Not 
later 
than 
months after the date of enactment of this Act, the 
Secretary of Transportation shall initiate a study on 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00962
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
963 
the ability of automated vehicles to safely interact 
with other road users. 
(2) CONTENTS.—In carrying out the study 
under paragraph (1), the Secretary shall— 
(A) examine the ability of automated vehi-
cles to safely interact with general road users, 
including vulnerable road users; 
(B) identify barriers to improving the safe-
ty of interactions between automated vehicles 
and general road users; and 
(C) issue recommendations to improve the 
safety of interactions between automated vehi-
cles and general road users, including, at a 
minimum— 
(i) technology advancements with the 
potential to facilitate safer interactions be-
tween automated vehicles and general road 
users given the safety considerations in 
paragraph (3); 
(ii) road user public awareness; and 
(iii) improvements to transportation 
planning and road design. 
(3) CONSIDERATIONS.—In carrying out the 
study under paragraph (1), the Secretary shall take 
into consideration whether automated vehicles can 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00963
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
964 
safely operate within the surface transportation sys-
tem, including— 
(A) the degree to which ordinary human 
behaviors make it difficult for an automated ve-
hicle to safely, reliably predict human actions; 
(B) unique challenges for automated vehi-
cles in urban and rural areas; 
(C) the degree to which an automated ve-
hicle is capable of uniformly recognizing and re-
sponding to individuals with disabilities and in-
dividuals of different sizes, ages, races, and 
other varying characteristics; 
(D) for bicyclist, motorcyclist, and pedes-
trian road users— 
(i) the varying and non-standardized 
nature of bicyclist and pedestrian infra-
structure in different locations; 
(ii) the close proximity to motor vehi-
cles within which bicyclists often operate, 
including riding in unprotected bike lanes 
and crossing lanes to make a left turn, and 
the risk of such close proximity; and 
(iii) roadways that lack marked bicy-
clist 
infrastructure, 
particularly 
in 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00964
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
965 
midsized and rural areas, on which 
bicyclists often operate; 
(E) for motorcyclist road users, the close 
proximity to other motor vehicles within which 
motorcyclists operate, including operating be-
tween lanes of slow or stopped traffic; and 
(F) depending on the level of automation 
of the vehicle, the degree to which human inter-
vention remains necessary to safely operate an 
automated vehicle to ensure the safety of gen-
eral road users in circumstances including— 
(i) dangerous weather; 
(ii) an electronic or system malfunc-
tion of the automated vehicle; and 
(iii) a cybersecurity threat to the op-
eration of the vehicle. 
(4) PUBLIC COMMENT.—Before conducting the 
study under paragraph (1), the Secretary shall pro-
vide an opportunity for public comment on the study 
proposal. 
(c) WORKING GROUP.— 
(1) 
ESTABLISHMENT.—Not 
later 
than 
months after the date of enactment of this Act, the 
Secretary of Transportation shall establish a work-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00965
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
966 
ing group to assist in the development of the study 
and recommendations under subsection (b). 
(2) MEMBERSHIP.—The working group estab-
lished under paragraph (1) shall include representa-
tion from— 
(A) the National Highway Traffic Safety 
Administration; 
(B) State departments of transportation; 
(C) local governments (other than metro-
politan planning organizations, as such term is 
defined in section 134(b) of title 23, United 
States Code); 
(D) transit agencies; 
(E) metropolitan planning organizations 
(as such term is defined in section 134(b) of 
title 23, United States Code); 
(F) bicycle and pedestrian safety groups; 
(G) highway and automobile safety groups; 
(H) truck safety groups; 
(I) law enforcement officers and first re-
sponders; 
(J) motor carriers and independent owner- 
operators; 
(K) the road construction industry; 
(L) labor organizations; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00966
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
967 
(M) academic experts on automated vehicle 
technologies; 
(N) manufacturers and developers of both 
passenger and commercial automated vehicles; 
(O) a motorcyclist rights group; and 
(P) other industries and entities as the 
Secretary determines appropriate. 
(3) DUTIES.—The working group established 
under paragraph (1) shall assist the Secretary by, at 
a minimum— 
(A) assisting in the development of the 
scope of the study under subsection (b); 
(B) reviewing the data and analysis from 
such study; 
(C) provide ongoing recommendations and 
feedback to ensure that such study reflects the 
contents described in paragraphs (2) and (3) of 
subsection (b); and 
(D) providing input to the Secretary on 
recommendations required under subsection 
(b)(2)(C). 
(4) APPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE
ACT.—The working group under this 
subsection shall be subject to the Federal Advisory 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00967
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
968 
Committee Act (5 U.S.C. App.), except that section 
14 of such Act shall not apply. 
(d) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, and make publicly available, the study initiated 
under subsection (b), including recommendations for en-
suring that automated vehicles safely interact with general 
road users. 
(e) DEFINITIONS.—In this section: 
(1) AUTOMATED
VEHICLE.—The term ‘‘auto-
mated vehicle’’ means a motor vehicle that is de-
signed to be operated by a level 3 or level 4 auto-
mated driving system for trips within its operational 
design domain or a level 5 automated driving system 
for all trips according to the recommended standards 
published in April 2021, by the Society of Auto-
motive Engineers International (J3016l9 202104) 
or, when adopted, equivalent standards established 
by the Secretary under chapter 301 of title 49, 
United States Code, with respect to automated 
motor vehicles. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00968
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
969 
(2) GENERAL ROAD USERS.—The term ‘‘gen-
eral road users’’ means— 
(A) motor vehicles driven by individuals; 
(B) bicyclists and pedestrians; 
(C) motorcyclists; 
(D) workers in roadside construction 
zones; 
(E) emergency response vehicles, including 
first responders; 
(F) vehicles providing local government 
services, including street sweepers and waste 
collection vehicles; 
(G) law enforcement officers; 
(H) personnel who manually direct traffic, 
including crossing guards; 
(I) users of shared micromobility (includ-
ing bikesharing and shared scooter systems); 
and 
(J) other road users that may interact 
with automated vehicles, as determined by the 
Secretary of Transportation. 
(3) VULNERABLE ROAD USER.—The term ‘‘vul-
nerable road user’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00969
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
970 
SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPOR-
TATION TECHNOLOGY COUNCIL. 
(a) IN GENERAL.—Chapter 1 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 118. Nontraditional and Emerging Transportation 
Technology Council 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a Nontraditional and Emerging 
Transportation Technology Council (hereinafter referred 
to as the ‘Council’) in accordance with this section. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Council shall be com-
posed of the following officers of the Department of 
Transportation: 
‘‘(A) The Secretary of Transportation. 
‘‘(B) The Deputy Secretary of Transpor-
tation. 
‘‘(C) The Under Secretary of Transpor-
tation for Policy. 
‘‘(D) The General Counsel of the Depart-
ment of Transportation. 
‘‘(E) The Chief Information Officer of the 
Department of Transportation. 
‘‘(F) The Assistant Secretary for Research 
and Technology. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00970
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
971 
‘‘(G) The Assistant Secretary for Budget 
and Programs. 
‘‘(H) The Administrator of the Federal 
Aviation Administration. 
‘‘(I) The Administrator of the Federal 
Highway Administration. 
‘‘(J) The Administrator of the Federal 
Motor Carrier Safety Administration. 
‘‘(K) The Administrator of the Federal 
Railroad Administration. 
‘‘(L) The Administrator of the Federal 
Transit Administration. 
‘‘(M) The Administrator of the Federal 
Maritime Administration. 
‘‘(N) The Administrator of the National 
Highway Traffic Safety Administration. 
‘‘(O) The Administrator of the Pipeline 
and Hazardous Materials Safety Administra-
tion. 
‘‘(2) ADDITIONAL
MEMBERS.—The Secretary 
may designate additional members of the Depart-
ment to serve as at-large members of the Council. 
‘‘(3) CHAIR AND VICE CHAIR.—The Secretary 
may designate officials to serve as the Chair and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00971
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
972 
Vice Chair of the Council and of any working groups 
of the Council. 
‘‘(c) DUTIES.—The Council shall— 
‘‘(1) identify and resolve any jurisdictional or 
regulatory gaps or inconsistencies associated with 
nontraditional and emerging transportation tech-
nologies, modes, or projects pending or brought be-
fore the Department to eliminate, so far as prac-
ticable, impediments to the prompt and safe deploy-
ment of new and innovative transportation tech-
nology, including with respect to safety regulation 
and oversight, environmental review, and funding 
issues; 
‘‘(2) coordinate the Department’s internal over-
sight of nontraditional and emerging transportation 
technologies, modes, or projects and engagement 
with external stakeholders; 
‘‘(3) within applicable statutory authority other 
than this paragraph, develop and establish depart-
ment-wide processes, solutions, and best practices 
for identifying, managing and resolving issues re-
garding 
emerging 
transportation 
technologies, 
modes, or projects pending or brought before the 
Department; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00972
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
973 
‘‘(4) carry out such additional duties as the 
Secretary may prescribe, to the extent consistent 
with this title, including subsections (f)(2) and (g) 
of section 106.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 49, United States Code, is amended by add-
ing at the end the following: 
‘‘118. Nontraditional and Emerging Transportation Technology Council.’’. 
SEC. 5306. SURFACE TRANSPORTATION WORKFORCE RE-
TRAINING GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a program to make grants to eligible 
entities to develop a curriculum for, and establish, trans-
portation workforce training programs in urban and rural 
areas to train, retrain, or upgrade the skills of surface 
transportation workers— 
(1) whose employment may be changed or wors-
ened by automation; 
(2) who have been separated from employment; 
or 
(3) who have received notice of impending em-
ployment loss as a result of being replaced by the 
use of automated vehicles. 
(b) ELIGIBLE
ENTITIES.—The following entities 
shall be eligible to receive grants under this section: 
(1) Institutions of higher education. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00973
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
974 
(2) Consortia of institutions of higher edu-
cation. 
(3) Nonprofit organizations with a dem-
onstrated capacity to develop and provide career 
pathway programs through labor-management part-
nerships, pre-apprenticeships, or registered appren-
ticeships on a nationwide basis. 
(4) Local governments. 
(c) LIMITATION ON AWARDS.—An entity may only 
receive one grant in a fiscal year under this section. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—A recipient of a grant under 
this section may only use grant amounts for devel-
oping and carrying out training programs, includ-
ing— 
(A) identifying and testing new duties for 
existing jobs impacted by the use of automated 
vehicles, including mechanical work, diagnostic 
work, and fleet operations management; 
(B) educational programs, including— 
(i) coursework or curricula through 
which participants may pursue a degree or 
certification; and 
(ii) tuition and direct education ex-
penses, excluding salaries, in connection 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00974
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
975 
with the education and training of surface 
transportation workers whose jobs have 
been affected by the use of automated ve-
hicles; and 
(C) employee professional development, in-
cluding worker training or retraining, including 
train-the-trainer programs, to upgrade the skills 
of surface transportation workers whose jobs 
have been affected by the use of automated ve-
hicles. 
(2) REPORTING.—A recipient of a grant under 
this section shall report to the Secretary the fol-
lowing information: 
(A) The sectors of the surface transpor-
tation system from which workers are being dis-
placed. 
(B) The skills and professions for which 
workers are being retrained. 
(C) How many workers have benefitted 
from a grant awarded under this section. 
(D) Relevant demographic information of 
impacted workers. 
(3) LIMITATION.—Funds made available under 
this section may not be used to evaluate the effec-
tiveness of automated vehicle technologies. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00975
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
976 
(e) SELECTION CRITERIA.—In selecting grant recipi-
ents under this section, the Secretary shall consider the 
extent to which an applicant— 
(1) demonstrates the capability to develop cur-
ricula and provide training, provide retraining, or 
upgrade the skills of individuals described in sub-
section (a); 
(2) will provide program participants with prac-
tical experience and on-the-job training; and 
(3) demonstrates a commitment to carry out a 
surface transportation workforce development pro-
gram through degree-granting programs or pro-
grams that provide other industry-recognized creden-
tials. 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of a grant under this section shall be 100 per-
cent. 
(2) AVAILABILITY OF FUNDS.—For a recipient 
of a grant under this section carrying out activities 
under such grant in partnership with a public trans-
portation agency that is receiving funds under sec-
tion 5307, 5337, or 5339 of title 49, United States 
Code, up to 0.5 percent of amounts made available 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00976
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
977 
under any such section may qualify as the non-Fed-
eral share under paragraph (1). 
(g) REPORT REQUIREMENTS.—Not later than 60 
days after grants are awarded in a fiscal year under this 
section, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committees on Commerce, Science, 
and Transportation, Banking, Housing, and Urban Af-
fairs, and Environment and Public Works of the Senate, 
and make publicly available, a report that includes— 
(1) a list of all grant recipients for such fiscal 
year; 
(2) an explanation of why each recipient was 
chosen in accordance with the selection criteria 
under subsection (e); 
(3) a summary of activities planned to be car-
ried out by each recipient and how such activities re-
late to the goals established under subsection (a); 
(4) the grant amount awarded to each recipi-
ent; and 
(5) the information required to be provided to 
the Secretary under subsection (d)(2). 
(h) DEFINITIONS.—In this section: 
(1) AUTOMATED
VEHICLE.—The term ‘‘auto-
mated vehicle’’ means a motor vehicle that is de-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00977
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
978 
signed to be operated by a level 3 or level 4 auto-
mated driving system for trips within its operational 
design domain or a level 5 automated driving system 
for all trips according to the recommended standards 
published in April 2021, by the Society of Auto-
motive Engineers International (J3016l9 202104) 
or, when adopted, equivalent standards established 
by the Secretary under chapter 301 of title 49, 
United States Code, with respect to automated 
motor vehicles. 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(3) 
PUBLIC
TRANSPORTATION.—The 
term 
‘‘public transportation’’ has the meaning given such 
term in section 5302 of title 49, United States Code. 
(4) PRE-APPRENTICESHIP.—The term ‘‘pre-ap-
prenticeship’’ means a training model or program 
that prepares individuals for acceptance into a reg-
istered apprenticeship and has a demonstrated part-
nership with one or more registered apprenticeships. 
(5) REGISTERED APPRENTICESHIP.—The term 
‘‘registered apprenticeship’’ means an apprenticeship 
program registered under the Act of August 16, 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00978
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
979 
1937 (29 U.S.C. 50 et seq.; commonly known as the 
‘‘National Apprenticeship Act’’), that satisfies the 
requirements of parts 29 and 30 of title 29, Code 
of Federal Regulations (as in effect on January 1, 
2020). 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated $50,000,000 for each of fiscal years 
2023 through 2026 to carry out this section. 
(2) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available to the Secretary to carry out this sec-
tion shall remain available for a period of 3 years 
after the last day of the fiscal year for which the 
amounts are authorized. 
SEC. 5307. THIRD-PARTY DATA INTEGRATION PILOT PRO-
GRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall establish and implement a pilot program (in 
this section referred to as the ‘‘program’’) to leverage 
anonymous crowdsourced data from third-party entities to 
improve transportation management capabilities and effi-
ciency on Federal-aid highways. 
(b) GOALS.—The goals of the program include the 
utilization of anonymous crowdsourced data from third 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00979
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS