I 
116TH CONGRESS 
2D SESSION 
H. R. 7248 
To authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 18, 2020 
Mr. GRAVES of Missouri (for himself, Mr. YOUNG, Mr. CRAWFORD, Mr. 
GIBBS, Mr. RODNEY DAVIS of Illinois, Mr. WOODALL, Mr. BABIN, Mr. 
GRAVES of Louisiana, Mr. ROUZER, Mr. BOST, Mr. WEBER of Texas, Mr. 
LAMALFA, Mr. WESTERMAN, Mr. SMUCKER, Mr. MAST, Mr. GALLA-
GHER, Mr. BALDERSON, Mr. SPANO, Mr. STAUBER, Mrs. MILLER, Mr. 
PENCE, Miss GONZA´LEZ-COLO´N of Puerto Rico, and Mr. WITTMAN) in-
troduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Surface Transportation Advanced through Reform, 
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Technology, and Efficient Review Act’’ or the ‘‘STARTER 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1.
Short title; table of contents. 
DIVISION A—SURFACE TRANSPORTATION 
Sec. 1001. Extension of Federal surface transportation programs. 
Sec. 1002. Extension of highway trust fund expenditure authority. 
Sec. 1003. Extension of highway-related taxes. 
Sec. 1004. Additional contract authority. 
Sec. 1005. Effective date. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
Sec. 1101. Nationally significant freight and highway projects. 
Sec. 1102. National highway freight program. 
Sec. 1103. Truck parking safety improvement. 
Sec. 1104. Temporary Federal share for Federal-aid highway projects. 
Sec. 1105. Consolidated funding program. 
Subtitle B—Acceleration of Project Delivery 
Sec. 1201. Environmental reviews for major projects. 
Sec. 1202. Efficient environmental reviews for project decision making. 
Sec. 1203. Application of categorical exclusions for transportation projects. 
Sec. 1204. Air quality and conformity. 
Sec. 1205. Agreements relating to use of and access to rights-of-way Interstate 
System. 
Sec. 1206. Permits for dredged or fill material. 
Sec. 1207. Pilot program on use of innovative practices for environmental re-
views. 
TITLE II—INNOVATIVE PROJECT FINANCE 
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 
temporary loan relief due to COVID-19. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 3001. Short title. 
Sec. 3002. Urbanized area formula grants. 
Sec. 3003. Fixed guideway capital investment grants. 
Sec. 3004. Enhanced mobility of seniors and individuals with disabilities. 
Sec. 3005. Formula grants for rural areas. 
Sec. 3006. Non-emergency medical transportation. 
Sec. 3007. Technical assistance and workforce development. 
Sec. 3008. General provisions. 
Sec. 3009. Apportionments. 
Sec. 3010. Grants for bus and bus facilities. 
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Sec. 3011. Elimination of apportionments based on high density State factors. 
Sec. 3012. Innovative mobility and technology deployment grants. 
TITLE IV—HIGHWAY TRAFFIC SAFETY 
Sec. 4001. Funding and grant requirements. 
Sec. 4002. Highway safety research and development. 
Sec. 4003. National priority safety programs. 
Sec. 4004. National priority safety program grant eligibility. 
TITLE V—MOTOR CARRIER SAFETY 
Sec. 5001. Funding and grant requirements. 
Sec. 5002. Compliance, safety, and accountability reform. 
Sec. 5003. Entry-level driver training regulations. 
Sec. 5004. Trucking industry workforce development. 
Sec. 5005. Hours of service requirements for agricultural operations. 
TITLE VI—INNOVATION 
Sec. 6001. Advanced transportation technologies program. 
Sec. 6002. Connected vehicle deployment pilot program. 
Sec. 6003. Automated driving system demonstration program. 
Sec. 6004. Accelerated implementation and deployment of advanced digital con-
struction management systems. 
Sec. 6005. Innovative project delivery methods. 
Sec. 6006. Surface transportation system funding alternatives. 
Sec. 6007. Surface transportation system road usage charge national pilot. 
TITLE VII—RESILIENCY 
Sec. 7001. Promoting Resilient Operations for Transformative, Efficient, and 
Cost-saving Transportation (PROTECT) grant program. 
Sec. 7002. National highway performance program. 
Sec. 7003. Resiliency in transit. 
Sec. 7004. Highway emergency relief and resiliency. 
Sec. 7005. Highway resiliency incentives. 
Sec. 7006. Guidance on inundated and submerged roads. 
Sec. 7007. Guidance on evacuation routes. 
Sec. 7008. Definitions. 
Sec. 7009. University transportation centers. 
Sec. 7010. Pre-disaster hazard mitigation pilot program. 
DIVISION A—SURFACE 
TRANSPORTATION 
SEC. 1001. EXTENSION OF FEDERAL SURFACE TRANSPOR-
TATION PROGRAMS. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, the requirements, authorities, conditions, eligi-
bilities, limitations, and other provisions authorized under 
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program from such account under the covered 
laws for fiscal year 2020. 
(2) GENERAL FUND.—There is authorized to be 
appropriated for each of fiscal years 2021 through 
2025, for each program with respect to which 
amounts are authorized to be appropriated for fiscal 
year 2020 from an account other than the Highway 
Account or the Mass Transit Account under the ti-
tles specified in subsection (e)(1)(A), an amount 
equal to the amount authorized for appropriation 
with respect to the program under such titles for fis-
cal year 2020. 
(c) USE OF FUNDS.—Subject to section 1004(b), 
amounts authorized to be appropriated for each of fiscal 
years 2021 through 2025 with respect to a program under 
subsection (b) shall be distributed, administered, limited, 
and made available for obligation in the same manner as 
amounts authorized to be appropriated with respect to the 
program for fiscal year 2020 under the covered laws. 
(d) OBLIGATION LIMITATION.—Subject to section 
1004(d), a program for which amounts are authorized to 
be appropriated under subsection (b)(1) shall be subject 
to a limitation on obligations for each of fiscal years 2021 
through 2025 in the same amount and in the same man-
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ner as the limitation applicable with respect to the pro-
gram for fiscal year 2020. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED LAWS.—The term ‘‘covered laws’’ 
means the following: 
(A) Titles I, III, IV, V, and VI of division 
A of the FAST Act (Public Law 114–94). 
(B) Division A, division B, subtitle A of 
title I and title II of division C, and division E 
of MAP–21 (Public Law 112–141). 
(C) Titles I, II, and III of the SAFETEA– 
LU Technical Corrections Act of 2008 (Public 
Law 110–244). 
(D) Titles I, II, III, IV, V, and VI of 
SAFETEA–LU (Public Law 109–59). 
(E) Titles I, II, III, IV, and V of the 
Transportation Equity Act for the 21st Century 
(Public Law 105–178). 
(F) Titles II, III, and IV of the National 
Highway System Designation Act of 1995 
(Public Law 104–59). 
(G) Title I, part A of title II, title III, title 
IV, title V, and title VI of the Intermodal Sur-
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face Transportation Efficiency Act of 1991 
(Public Law 102–240). 
(H) Title 23, United States Code. 
(I) Subtitle IV of Title 40, United States 
Code. 
(J) Sections 116, 117, 330, and 5505 and 
chapters 53, 303, 311, 313, 701, and 702 of 
title 49, United States Code. 
(2) HIGHWAY ACCOUNT.—The term ‘‘Highway 
Account’’ means the portion of the Highway Trust 
Fund that is not the Mass Transit Account. 
(3) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 
Transit Account’’ means the portion of the Highway 
Trust Fund established under section 9503(e)(1) of 
the Internal Revenue Code of 1986. 
SEC. 1002. EXTENSION OF HIGHWAY TRUST FUND EXPENDI-
TURE AUTHORITY. 
Section 9503 of the Internal Revenue Code of 1986 
is amended— 
(a) by striking ‘‘October 1, 2020’’ in subsections 
(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 
2021’’; and 
(b) by striking ‘‘FAST Act’’ in subsections (c)(1) and 
(e)(3) and inserting ‘‘STARTER Act’’. 
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SEC. 1003. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘September 30, 2022’’ and inserting ‘‘September 
30, 2025’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1). 
(2) Each of the following provisions of such 
Code is amended by striking ‘‘October 1, 2022’’ and 
inserting ‘‘October 1, 2025’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN 
HEAVY VEHICLES.—Each of the following provisions of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘2023’’ each place it appears and inserting ‘‘2025’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 
of the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘October 1, 2022’’ each place it 
appears and inserting ‘‘October 1, 2025’’; 
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(2) by striking ‘‘March 31, 2023’’ each place it 
appears and inserting ‘‘March 31, 2025’’; and 
(3) by striking ‘‘January 1, 2023’’ and insert-
ing ‘‘January 1, 2025’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) Section 4221(a) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘October 1, 
2022’’ and inserting ‘‘October 1, 2025’’. 
(2) Section 4483(i) of such Code is amended by 
striking ‘‘October 1, 2023’’ and inserting ‘‘October 
1, 2025’’. 
(e) EXTENSION
OF
TRANSFERS
OF
CERTAIN 
TAXES.— 
(1) IN GENERAL.—Section 9503 of the Internal 
Revenue Code of 1986 is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘October 1, 2022’’ 
each place it appears in paragraphs (1) 
and (2) and inserting ‘‘October 1, 2025’’; 
(ii) by striking ‘‘OCTOBER 1, 2022’’ in 
the heading of paragraph (2) and inserting 
‘‘OCTOBER 1, 2025’’; 
(iii) by striking ‘‘September 30, 
2022’’ in paragraph (2) and inserting 
‘‘September 30, 2025’’; and 
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(iv) by striking ‘‘July 1, 2023’’ in 
paragraph (2) and inserting ‘‘July 1, 
2025’’; and 
(B) in subsection (c)(2), by striking ‘‘July 
1, 2023’’ and inserting ‘‘July 1, 2025’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) 
and (4)(A) of section 9503(c) of such Code are 
each amended by striking ‘‘October 1, 2022’’ 
and inserting ‘‘October 1, 2025’’. 
(B) CONFORMING AMENDMENTS TO LAND 
AND
WATER
CONSERVATION
FUND.—Section 
200310 of title 54, United States Code, is 
amended by striking ‘‘October 1, 2023’’ each 
place it appears and inserting ‘‘October 1, 
2025’’; and (ii) by striking ‘‘October 1, 2022’’ 
and inserting ‘‘October 1, 2025.’’ 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2020. 
SEC. 1004. ADDITIONAL CONTRACT AUTHORITY. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, for each of fiscal years 2021 through 2025, 
any excess amount authorized to be appropriated from the 
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(B) EXCEPTION.—In making the adjust-
ment under subparagraph (A), the Secretary 
shall exclude subsections (b)(4), (b)(5)(D), and 
(b)(6) of section 104 of title 23, United States 
Code, from the formula calculations. 
(3) AVAILABILITY FOR OBLIGATION.—Adjusted 
amounts under this subsection shall be available for 
obligation and administered in the same manner as 
other amounts made available for the program for 
which the amount is adjusted. 
(4) SPECIAL RULE.— 
(A) ADJUSTMENT.—In making an adjust-
ment under subsection (c)(1) for an allocation, 
reservation, or set-aside from an amount au-
thorized from the Highway Account or Mass 
Transit Account referred to in subparagraph 
(B), the Secretary shall— 
(i) determine the ratio that— 
(I) the amount authorized to be 
appropriated for the allocation, res-
ervation, or set-aside from the account 
for fiscal year 2020; bears to 
(II) the total amount authorized 
to be appropriated for such fiscal year 
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for all core account programs under 
such account; 
(ii) multiply the ratio determined 
under clause (i) by the amount of the ad-
justment 
determined 
under 
subsection 
(b)(2); and 
(iii) adjust the amount that the Sec-
retary would have allocated for the alloca-
tion, reservation, or set-aside for the fiscal 
year but for this section by the amount 
calculated under clause (ii). 
(B) ALLOCATIONS, RESERVATIONS, AND 
SET-ASIDES.—The allocations, reservations, and 
set-asides referred to in subparagraph (A) 
are— 
(i) the amount reserved for a fiscal 
year under section 133(h)(1)(A); 
(ii) the amount set aside for a fiscal 
year for the National Highway Freight 
Program under section 104(b)(5); 
(iii) supplemental funds reserved for a 
fiscal year for the National Highway Per-
formance 
Program 
under 
section 
104(h)(1); and 
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(iv) supplemental funds reserved for a 
fiscal year for the surface transportation 
block 
grant 
program 
under 
section 
104(h)(2). 
(d) REVISION TO OBLIGATION LIMITATIONS.—If the 
Secretary makes an adjustment under subsection (b) for 
a fiscal year to an amount subject to a limitation on obli-
gations imposed by any other provision of law— 
(1) such limitation on obligations for such fiscal 
year shall be revised by an amount equal to such ad-
justment; and 
(2) the Secretary shall distribute such limita-
tion on obligations, as revised under paragraph (1), 
in accordance with such provisions. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply— 
(1) HIGHWAY ACCOUNT.—The term ‘‘Highway 
Account’’ means the portion of the Highway Trust 
Fund that is not the Mass Transit Account. 
(2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 
Transit Account’’ means the Mass Transit Account 
of the Highway Trust Fund established under sec-
tion 9503(e)(1) of the Internal Revenue Code of 
1986. 
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(3) CORE
ACCOUNT
PROGRAMS.—The term 
‘‘core account programs’’ means— 
(A) the National Highway Performance 
Program under section 119 of title 23, United 
States Code; 
(B) the Surface Transportation Block 
Grant Program under section 133 of title 23, 
United States Code; 
(C) the Highway Safety Improvement Pro-
gram under section 148 of title 23, United 
States Code; 
(D) the National Highway Freight Pro-
gram under section 167 of title 23, United 
States Code; and 
(E) the Formula Grants for Rural Areas 
Program under section 5311 of title 49, United 
States Code. 
(4) EXCESS
AMOUNT.—The term ‘‘excess 
amount’’ means— 
(A) the amount authorized to be appro-
priated for a fiscal year from the Highway Ac-
count or the Mass Transit Account; minus 
(B) the amount authorized to be appro-
priated for fiscal year 2020 from such account 
under the FAST Act (Public Law 114–94). 
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SEC. 1005. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect on October 1, 2020. 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 1101. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
WAY PROJECTS. 
There are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Ac-
count) for the nationally significant freight and highway 
projects program under section 117 of title 23, United 
States Code, such sums as may be necessary for each of 
fiscal years 2021 through 2025. 
SEC. 1102. NATIONAL HIGHWAY FREIGHT PROGRAM. 
There are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Ac-
count) for the national highway freight program under 
section 167 of title 23, United States Code, such sums 
as may be necessary for each of fiscal years 2021 through 
2025. 
SEC. 1103. TRUCK PARKING SAFETY IMPROVEMENT. 
(a) PARKING FOR COMMERCIAL VEHICLES.—Chapter 
1 of title 23, United States Code, is amended by adding 
at the end the following: 
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‘‘§ 171. Truck parking safety improvement 
‘‘(a) GRANT AUTHORITY.—The Secretary shall pro-
vide grants under this section, on a competitive basis, for 
projects to provide parking for commercial motor vehicles 
on Federal-aid highways or on a facility with reasonable 
access to— 
‘‘(1) a Federal-aid highway; or 
‘‘(2) a freight facility. 
‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this subsection, an entity shall submit to the Sec-
retary an application at such time and in such manner 
as the Secretary may require. 
‘‘(c) 
APPLICATION
CONTENTS.—An 
application 
under subsection (b) shall contain— 
‘‘(1) a description of the proposed project; and 
‘‘(2) any other information that the Secretary 
may require. 
‘‘(d) ELIGIBLE ENTITIES.—The following entities 
shall be eligible to receive amounts under this section: 
‘‘(1) A State. 
‘‘(2) Any public agency carrying out responsibil-
ities relating to commercial motor vehicle parking. 
‘‘(3) A metropolitan planning organization. 
‘‘(4) A local government. 
‘‘(e) ELIGIBLE PROJECTS.— 
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‘‘(1) IN GENERAL.—An entity may use funds 
provided under this section only for projects de-
scribed in paragraph (2) that are located— 
‘‘(A) on a Federal-aid highway; or 
‘‘(B) on a facility with reasonable access 
to— 
‘‘(i) a Federal-aid highway; or 
‘‘(ii) a freight facility. 
‘‘(2) PROJECTS
DESCRIBED.—A project re-
ferred to in paragraph (1) is a project to— 
‘‘(A) construct safety rest areas (as such 
term is defined in section 120(c)) that include 
parking for commercial motor vehicles; 
‘‘(B) construct commercial motor vehicle 
parking facilities— 
‘‘(i) adjacent to private commercial 
truck stops and travel plazas; 
‘‘(ii) within the boundaries of, or adja-
cent to, a publicly owned freight facility, 
including a port terminal operated by a 
public authority; and 
‘‘(iii) at existing facilities, including 
inspection and weigh stations and park- 
and-ride locations; and 
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‘‘(C) convert existing weigh stations and 
rest areas to facilities for the exclusive use of 
commercial motor vehicle parking. 
‘‘(f) ELIGIBLE ACTIVITIES.— 
‘‘(1) IN
GENERAL.—Entities may use alloca-
tions under this subsection for the following activi-
ties of an eligible project: 
‘‘(A) Development phase activities, includ-
ing planning, feasability analysis, benefit-cost 
analysis, environmental review, preliminary en-
gineering 
and 
design 
work, 
and 
other 
preconstruction activities. 
‘‘(B) Construction, reconstruction, rehabili-
tation, acquisition of real property, environ-
mental mitigation, construction contingencies, 
acquisition of equipment, and operational im-
provements directly related to expanding com-
mercial motor vehicle parking. 
‘‘(2) LIMITATION.—An entity may not use more 
than 10 percent of a grant under this subsection for 
activities described in paragraph (1)(A). 
‘‘(g) PRIORITY.—In making grants under this sub-
section, the Secretary shall give priority to entities that— 
‘‘(1) demonstrate a safety need for commercial 
motor vehicle parking capacity in the corridor in 
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which the project described under subsection (e)(1) 
is proposed to be carried out; 
‘‘(2) have consulted with affected State and 
local governments, trucking organizations, and pri-
vate providers of commercial motor vehicle parking; 
‘‘(3) demonstrate that the project described 
under subsection (e)(1) will likely— 
‘‘(A) increase commercial motor vehicle 
parking capacity; 
‘‘(B) facilitate the efficient movement of 
freight; and 
‘‘(C) improve highway safety, traffic con-
gestion, and air quality; and 
‘‘(4) demonstrate the ability to provide for the 
maintenance and operation cost necessary to keep 
the facility available for use after completion of con-
struction. 
‘‘(h) FEDERAL SHARE.—Notwithstanding any other 
provision of law, the Federal share for a project carried 
out under this subsection shall be 90 percent. 
‘‘(i) TREATMENT OF FUNDS.—Notwithstanding sec-
tion 126, funds made available under this subsection shall 
remain available until expended and shall not be transfer-
able. 
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‘‘(j) PROHIBITION ON CHARGING FEES.—To be eligi-
ble for a grant under this section, an entity shall agree 
that no fees will be charged for a commercial motor vehicle 
to access and park at any part of the facility constructed 
with funds made available under this subsection. 
‘‘(k) NOTIFICATION OF CONGRESS.—Not less than 3 
days before making a grant for a project under this sec-
tion, the Secretary shall notify, in writing, the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
Public Works of the Senate of— 
‘‘(1) the amount of each proposed grant to be 
made under this subsection; and 
‘‘(2) the evaluation and justification for the 
project selection. 
‘‘(l) SURVEY AND COMPARATIVE ASSESSMENT.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this subsection, and 
every 2 years thereafter, the Secretary, in consulta-
tion with appropriate State motor carrier safety per-
sonnel and State departments of transportation, 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate a report that— 
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‘‘(A) evaluates the capability of the States 
to provide adequate parking and rest facilities 
for commercial motor vehicles engaged in inter-
state transportation; 
‘‘(B) evaluates the effectiveness of the 
projects funded under this subsection in im-
proving access to truck parking; 
‘‘(C) evaluates the ability of entities receiv-
ing a grant under this subsection to sustain the 
operation of parking facilities constructed with 
funds provided under this subsection; and 
‘‘(D) reports on the progress being made 
to provide adequate commercial motor vehicle 
parking facilities in the State. 
‘‘(2) RESULTS.—The Secretary shall make the 
report under paragraph (1) available to the public 
on the website of the Department of Transportation. 
‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding 
any other provision of law, a project carried out under this 
section shall be treated as if the project is located on a 
Federal-aid highway under this chapter. 
‘‘(n) COMMERCIAL MOTOR VEHICLE DEFINED.—In 
this section, the term ‘commercial motor vehicle’ has the 
meaning given such term in section 31132 of title 49. 
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‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated such sums as are nec-
essary to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by add-
ing after the item relating to section 171 the following: 
‘‘171. Truck parking safety improvement.’’. 
SEC. 1104. TEMPORARY FEDERAL SHARE FOR FEDERAL-AID 
HIGHWAY PROJECTS. 
Notwithstanding any other provision of law, the Fed-
eral share of the cost of a project under title 23, United 
States Code, for which amounts are made available during 
fiscal year 2021 and 2022 may be up to 100 percent, at 
the discretion of the Secretary of Transportation. 
SEC. 1105. CONSOLIDATED FUNDING PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 172. Consolidated funding program 
‘‘(a) IN GENERAL.—Not later than 6 months after 
the date of enactment of this section, the Secretary shall 
establish a pilot program to allow up to 5 States to receive 
the base apportionment for the State in a lump sum, to 
be obligated and expended in accordance with this section. 
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‘‘(b) CRITERIA.—The Secretary shall develop criteria 
for selection of a State to receive a block grant under this 
Act, including requiring that recipient States— 
‘‘(1) meet minimum levels for the condition of 
pavement established by the Secretary under section 
150(c)(3); 
‘‘(2) meet minimum levels for the condition for 
bridges on the National Highway System as de-
scribed in section 119(f)(2); 
‘‘(3) uses a performance-based approach to 
transportation planning and programming for state-
wide and metropolitan planning areas to meet the 
requirements of sections 134, 135, and 150; and 
‘‘(4) meet recertification requirements for State 
asset management plans for the National Highway 
System as described in section 119(e). 
‘‘(c) APPLICATIONS.— 
‘‘(1) REQUEST.—Not later than 6 months after 
the date of enactment of this section, the Secretary 
shall request applications in accordance with para-
graph (2). 
‘‘(2) CONTENTS.—An application submitted 
under this paragraph shall include a plan on how the 
State and each affected metropolitan planning orga-
nization shall continue to meet, or make significant 
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progress toward meeting, performance measures and 
standards under section 150(c) of title 23, United 
States Code. 
‘‘(d) USE OF BLOCK GRANT FUNDS.— 
‘‘(1) ELIGIBILITIES.—Funds made available to 
a State under this program shall be eligible for use 
for any project eligible under— 
‘‘(A) the national highway performance 
program under section 119; 
‘‘(B) the surface transportation block 
grant program under section 133; 
‘‘(C) the highway safety improvement pro-
gram under section 148; 
‘‘(D) the congestion mitigation and air 
quality improvement program under section 
149; 
‘‘(E) for metropolitan planning under sec-
tion 134; or 
‘‘(F) the national highway freight program 
under section 167. 
‘‘(2) ALLOCATION
OF
FUNDS.—Of the total 
amount of funds provided under this section in a fis-
cal year for projects described in paragraph (1)— 
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‘‘(A) 25 percent of funds shall be obli-
gated, in proportion to the relative shares of the 
population of the State— 
‘‘(i) to urbanized areas of the State 
with an urbanized area population of over 
200,000; 
‘‘(ii) to areas of the State other than 
urban areas with a population greater than 
5,000; and 
‘‘(iii) to other areas of the State; and 
‘‘(B) for any funds that are not obligated 
under subparagraph (A), such funds may be ob-
ligated in any area of the State. 
‘‘(e) BLOCK GRANT SELECTION.— 
‘‘(1) ISSUANCE.—The Secretary shall provide 
grants under this section beginning with fiscal year 
2022. 
‘‘(2) OBLIGATION AUTHORITY.—Nothing in this 
section shall be construed to increase an obligation 
limitation applied to funds made available under this 
section. 
‘‘(3) SUBSEQUENT FISCAL YEARS.—Subject to 
subsection (g)(2), the Secretary shall continue to ap-
portion block grants to the awarded States. 
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‘‘(4) SUNSET.—The authority to provide grants 
under this section shall cease on the last day of fis-
cal year 2025. 
‘‘(f) SUPPLEMENTAL FUNDS.—Funds reserved under 
section 104(h) shall be treated as if apportioned in lump 
sum under this section, and shall be in addition to 
amounts apportioned under this section. 
‘‘(g) PROGRESS REPORT.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the first fiscal year in which funds are provided 
under this section, any State receiving funds shall 
submit to the Secretary a progress report on meet-
ing, or making significant progress toward meeting, 
performance measures and standards under section 
150(c). 
‘‘(2) GUIDANCE.—Not later than 1 year after 
the initial funds are provided under this section, the 
Secretary shall promulgate guidance to lump sum 
recipients on requirements for submitting a progress 
report under paragraph (1). 
‘‘(3) REVIEW.—If the Secretary finds that a 
State that received funds under this section did not 
meet, or achieve significant progress (as defined by 
the Secretary) toward target achievement of, all per-
formance targets set in the report required under 
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paragraph (1), the Secretary may not provide funds 
to such State under the program in the following fis-
cal year or 6 months after determination that the 
State failed to meet, or make significant progress to-
ward target achievement, whichever is later. 
‘‘(4) TRANSMISSION TO CONGRESS.—Not later 
than 30 days after which the Secretary receives a re-
port from a State under paragraph (1), the Sec-
retary shall transmit the progress report to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate. 
‘‘(h) TREATMENT
OF LAW.—Notwithstanding any 
other provision of law, projects funded under this section 
shall be treated as projects on a Federal-aid highway 
under this chapter. 
‘‘(i) DEFINITION
OF BASE APPORTIONMENT.—In 
this section, the term ‘base apportionment’ has the mean-
ing given the term in section 104(i).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by add-
ing at the end the following: 
‘‘172. Consolidated funding program.’’. 
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Subtitle B—Acceleration of Project 
Delivery 
SEC. 
1201. 
ENVIRONMENTAL 
REVIEWS 
FOR 
MAJOR 
PROJECTS. 
Section 139 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (3)(B) by striking ‘‘proc-
ess for and completion of any environmental 
permit’’ and inserting ‘‘process and schedule, 
including a timetable for and completion of any 
environmental permit’’; 
(B) 
by 
redesignating 
paragraphs 
(5) 
through (8) as paragraphs (9) through (11); 
(C) 
by 
redesignating 
paragraphs 
(2) 
through (4) as paragraphs (4) through (6); 
(D) by inserting after paragraph (1) the 
following: 
‘‘(2) AUTHORIZATION.—The term ‘authoriza-
tion’ means any environmental license, permit, ap-
proval, finding, or other administrative decision re-
lated to an environmental review process that is re-
quired under Federal law to site, construct, or re-
construct a project. 
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‘‘(3) ENVIRONMENTAL DOCUMENT.—The term 
‘environmental document’ means an environmental 
assessment, finding of no significant impact, notice 
of intent, environmental impact statement, or record 
of decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).’’; and 
(E) by inserting after paragraph (6), as re-
designated, the following: 
‘‘(7) 
MAJOR
PROJECT.—The 
term 
‘major 
project’ means a project for which— 
‘‘(A) multiple permits, approvals, reviews, 
or studies are required under a Federal law 
other than the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(B) the project sponsor has identified the 
reasonable availability of funds sufficient to 
complete the project; 
‘‘(C) the project is not a covered project, 
as such term is defined in section 41001 of the 
FAST Act (42 U.S.C. 4370m); and 
‘‘(D) the head of the lead agency has de-
termined that— 
‘‘(i) an environmental impact state-
ment is required; or 
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‘‘(A) IN
GENERAL.—The Secretary shall 
review existing practices, procedures, pro-
grammatic agreements, and applicable laws to 
identify potential changes that would facilitate 
an efficient environmental review process for 
projects. 
‘‘(B) CONSULTATION.—In conducting the 
review required by subparagraph (A), the Sec-
retary shall consult, as appropriate, with the 
heads of other Federal agencies that participate 
in the environmental review process. 
‘‘(C) REPORT.—Not later than 2 years 
after the date of enactment of the One Federal 
Decision Act of 2020, Secretary shall submit to 
the Committee on Environment and Public 
Works of the Senate and the Committee on 
Transportation and Infrastructure of the House 
of Representatives a report that includes— 
‘‘(i) the results of the review required 
by subparagraph (A); and 
‘‘(ii) an analysis of whether additional 
resources would help the Secretary meet 
the requirements applicable to the projects 
under this section.’’; 
(4) in subsection (d)— 
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(A) in paragraph (8)— 
(i) 
in 
the 
heading, 
by 
striking 
‘‘NEPA’’ 
and 
inserting 
‘‘ENVIRON-
MENTAL’’; 
(ii) by amending subparagraph (A) to 
read as follows: 
‘‘(A) IN GENERAL.—Except as inconsistent 
with paragraph (7), and except as provided in 
subparagraph (D), to the maximum extent 
practicable and consistent with Federal law, all 
Federal authorizations and reviews for a project 
shall rely on a single environmental document 
for each type of environmental document pre-
pared under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) under the 
leadership of the lead agency.’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) EXCEPTION.—The lead agency may 
waive the application of subparagraph (A) with 
respect to a project if— 
‘‘(i) the project sponsor requests that 
agencies issue separate environmental doc-
uments; 
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‘‘(ii) the obligations of a cooperating 
agency or participating agency under the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) have al-
ready been satisfied with respect to such 
project; or 
‘‘(iii) the lead agency determines that 
such application would not facilitate com-
pletion of the environmental review process 
for such project within the timeline estab-
lished under paragraph (10).’’; and 
(B) by adding at the end the following: 
‘‘(10) TIMELY
AUTHORIZATIONS
FOR
MAJOR 
PROJECTS.— 
‘‘(A) DEADLINE.—Except as provided in 
subparagraph (C), notwithstanding any other 
provision of law, all authorization decisions nec-
essary for the construction of a major project 
shall be completed by not later than 90 days 
after the date of the issuance of a record of de-
cision for the major project. 
‘‘(B) REQUIRED LEVEL OF DETAIL.—The 
final environmental impact statement for a 
major project shall include an adequate level of 
detail to inform decisions necessary for the role 
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of the participating agencies in the environ-
mental review process. 
‘‘(C) EXTENSION
OF
DEADLINE.—Not 
later than 180 days after the date of enactment 
of the One Federal Decision Act of 2020, the 
Secretary shall establish procedures for a lead 
agency to extend a deadline under subpara-
graph (A) in cases in which— 
‘‘(i) Federal law prohibits the lead 
agency or another agency from issuing an 
approval or permit within the period de-
scribed in such subparagraph; 
‘‘(ii) such an extension is requested by 
the project sponsor; or 
‘‘(iii) such extension would facilitate 
the completion of the environmental review 
and authorization process of the major 
project.’’; 
(5) in subsection (g)— 
(A) in paragraph (1)(B)— 
(i) by amending clause (ii)(IV) to read 
as follows: 
‘‘(IV) the overall time required 
by an agency to conduct an environ-
mental review and make decisions 
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under applicable Federal law relating 
to a project (including the issuance or 
denial of a permit or license) and the 
cost of the project;’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(iii) MAJOR PROJECT SCHEDULE.— 
To the maximum extent practicable and 
consistent with applicable Federal law, in 
the case of a major project, the lead agen-
cy shall develop, in consultation with the 
project sponsor, a schedule for the major 
project that is consistent with an agency 
average of not more than 2 years for the 
completion of the environmental review 
process for major projects. The time period 
measured, as applicable— 
‘‘(I) in the case of a project that 
requires an environmental impact 
statement, begins on the date of pub-
lication of a notice of intent to pre-
pare an environmental impact state-
ment and ends on the date of publica-
tion of a record of decision; or 
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‘‘(II) in the case of a project 
which does not require an environ-
mental impact statement, begins on 
the date that the decision is made to 
prepare an environmental assessment 
and ends on the date of issuance of a 
finding of no significant impact.’’; 
(B) by redesignating subparagraph (E) as 
subparagraph (F); and 
(C) by inserting after subparagraph (D) 
the following: 
‘‘(E) FAILURE TO MEET DEADLINE.—If a 
Federal cooperating agency fails to meet a 
deadline 
established 
under 
subparagraph 
(D)(ii)(I)— 
‘‘(i) not later than 30 days after the 
date such agency failed to meet such dead-
line, such agency shall submit to the Sec-
retary a report on why the deadline was 
not met; and 
‘‘(ii) not later than 30 days after the 
date on which a report is submitted under 
clause (i), the Secretary shall— 
‘‘(I) transmit to the Committee 
on Environment and Public Works of 
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the Senate and the Committee on 
Transportation and Infrastructure of 
the House of Representatives a copy 
of such report; and 
‘‘(II) make such report available 
to the public on the internet.’’; and 
(6) by adding at the end the following: 
‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR 
PROJECTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the One Federal Deci-
sion Act of 2020, the Secretary shall establish a per-
formance accountability system to track each major 
project. 
‘‘(2) REQUIREMENTS.—The performance ac-
countability system required under paragraph (1) 
shall, for each major project, track— 
‘‘(A) the environmental review process for 
such project, including the project schedule re-
quired by subsection (g)(1)(B)(iii); 
‘‘(B) whether the lead agency, cooperating 
agencies, and participating agencies are meet-
ing such schedule; and 
‘‘(C) the time taken to complete the envi-
ronmental review process. 
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‘‘(q) DEVELOPMENT
OF
CATEGORICAL
EXCLU-
SIONS.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of enactment of this subsection, the 
Secretary shall— 
‘‘(A) in consultation with the agencies de-
scribed in paragraph (2), identify the categor-
ical exclusions established by the Federal High-
way Administration that would accelerate deliv-
ery of a project if such categorical exclusions 
were available to such agencies; 
‘‘(B) collect existing documentation and 
substantiating information on the categorical 
exclusions described in subparagraph (A); and 
‘‘(C) provide to each agency described in 
paragraph (2) a list of the categorical exclu-
sions identified under subparagraph (A) and 
the documentation and substantiating informa-
tion collected under subparagraph (B). 
‘‘(2) AGENCIES
DESCRIBED.—The following 
agencies are described in this paragraph: 
‘‘(A) The Departments of— 
‘‘(i) the Interior; 
‘‘(ii) Commerce; 
‘‘(iii) Agriculture; 
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‘‘(iv) Energy; and 
‘‘(v) Defense, including the United 
States Army Corps of Engineers. 
‘‘(B) Any other Federal agency that has 
participated in an environmental review process 
for a major project, as determined by the Sec-
retary. 
‘‘(3) ADOPTION
OF
CATEGORICAL
EXCLU-
SIONS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date on which the Secretary provides 
the list under paragraph (1)(C), an agency de-
scribed in paragraph (2) shall publish a notice 
of proposed rulemaking to propose any categor-
ical exclusions from the list applicable to the 
agency, subject to the condition that the cat-
egorical exclusion identified under paragraph 
(1)(A) meets the criteria for a categorical exclu-
sion under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(B) PUBLIC COMMENT.—In a notice of 
proposed rulemaking under subparagraph (A), 
the applicable agency shall solicit comments on 
whether any of the proposed new categorical ex-
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clusions meet the criteria for a categorical ex-
clusion under section 1508.4 of title 40, Code 
of Federal Regulations (or successor regula-
tions).’’. 
SEC. 1202. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISION MAKING. 
(a) AMENDMENTS.—Title I of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332) is amended— 
(1) in section 102(2)(C), by inserting ‘‘subject 
to section 106,’’ before ‘‘include’’; and 
(2) by adding at the end the following: 
‘‘SEC. 106 PROCEDURES FOR DETERMINATIONS. 
‘‘(a) ENVIRONMENTAL IMPACT STATEMENTS.— 
‘‘(1) REQUEST FOR PUBLIC COMMENT.—Each 
notice of intent to prepare an environmental impact 
statement under section 102 shall include a request 
for public comment on potential alternatives or im-
pacts and on relevant information, studies, or anal-
yses with respect to the proposed Federal action. 
‘‘(2) SPONSOR PREPARATION.—A lead agency 
may allow a project sponsor to prepare an environ-
mental impact statement, if such agency provides 
such sponsor with appropriate guidance and assists 
in the preparation. The lead agency shall independ-
ently evaluate the environmental impact statement 
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before adopting it, and shall take responsibility for 
the contents upon adoption. 
‘‘(3) DEADLINE.—Each environmental impact 
statement shall be completed not later than 2 years 
after the date of publication of the notice of intent 
to prepare such environmental impact statement is 
issued unless the lead agency approves a delay in 
writing and establishes a new timeline that provides 
only so much additional time as is necessary to com-
plete such environmental impact statement. The lead 
agency may only approve such a delay if such delay 
is necessary to complete the environmental impact 
statement. 
‘‘(4) STATEMENT OF PURPOSE AND NEED.— 
Each environmental impact statement shall include a 
statement of purpose and need that briefly summa-
rizes the underlying purpose and need for the pro-
posed agency action. In a case where the agency is 
reviewing an application for authorization, such 
statement shall focus on the goals of the applicant 
and the agency’s authority. 
‘‘(5) ESTIMATED
TOTAL
COST.—The cover 
sheet for each environmental impact statement shall 
include a statement of the estimated total cost of 
preparing such environmental impact statement, in-
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cluding the costs of agency full-time equivalent per-
sonnel hours, contractor costs, and other direct 
costs. 
‘‘(6) WORD
LIMIT.—A statement of environ-
mental impact may not exceed 75,000 words un-
less— 
‘‘(A) the proposal is of unusual scope or 
complexity; or 
‘‘(B) the lead agency approves a longer 
statement in writing and establishes a new 
word limit. 
‘‘(b) ENVIRONMENTAL ASSESSMENTS.— 
‘‘(1) SPONSOR PREPARATION.—A lead agency 
may allow a project sponsor to prepare an environ-
mental assessment, if such agency provides such 
sponsor with appropriate guidance and assists in the 
preparation. The lead agency shall independently 
evaluate the environmental assessment before adopt-
ing it, and shall take responsibility for the contents 
upon adoption. 
‘‘(2) WORD LIMIT.—An environmental assess-
ment may not exceed 37,500 words, excluding ap-
pendices, unless the lead agency approves a longer 
statement in writing and establishes a new word 
limit. 
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‘‘(3) DEADLINE.—Environmental assessments 
required by section 102 shall be completed not later 
than 1 year after the date on which the decision to 
prepare such environmental assessment is made un-
less the lead agency approves a delay in writing and 
establishes a new timeline that provides only so 
much additional time as is necessary to complete 
such environmental assessment. 
‘‘(c) REVIEW FOR APPLICATION OF SECTION 102.— 
In reviewing a Federal action to determine the appropriate 
review under section 102: 
‘‘(1) REQUIREMENTS
FOR
A
COOPERATING 
AGENCY.—A cooperating agency shall submit any 
comments within a time period specified by the lead 
agency and limit such comments to matters on 
which such agency has jurisdiction by law or special 
expertise with respect to an environmental issue. 
‘‘(2) DEFINITION OF SIGNIFICANCE.—In deter-
mining whether the effects of a proposed Federal ac-
tion are significant, a Federal official shall only con-
sider the reasonably foreseeable effects with a rea-
sonably close causal relationship to the action being 
considered and may not consider cumulative effects. 
‘‘(d) CATEGORICAL EXCLUSIONS.—Not later than 90 
days after the date of enactment of this section, the Coun-
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cil on Environmental Quality shall establish procedures for 
a Federal agency to adopt a categorical exclusion estab-
lished by another Federal agency. 
‘‘(e) JUDICIAL REVIEW.—No agency action taken 
under parts 1500 through 1508 of title 40, Code of Fed-
eral Regulations, (or any successor regulations) may be 
subject to judicial review before the issuance of a record 
of decision or other final agency decision. 
‘‘(f) INJUNCTIVE RELIEF.—A violation of this Act 
shall not constitute the basis for injunctive relief. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) CATEGORICAL
EXCLUSION.—The term 
‘categorical exclusion’ means a category of actions 
that a Federal agency has determined do not under 
usual circumstances have a significant effect on the 
human environment for the purposes of this Act. 
‘‘(2) COOPERATING
AGENCY.—The term ‘co-
operating agency’ has the meaning given such term 
in section 139 of title 23, United States Code. 
‘‘(3) 
ENVIRONMENTAL
ASSESSMENT.—The 
term ‘environmental assessment’ means an environ-
mental assessment prepared under section 102. 
‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means 
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an environmental impact statement prepared under 
section 102. 
‘‘(5) LEAD AGENCY.—The term ‘lead agency’ 
has the meaning given such term in section 139 of 
title 23, United States Code. 
‘‘(6) REASONABLY
FORESEEABLE.—The term 
‘reasonably foreseeable’ means sufficiently likely to 
occur such that a person of ordinary prudence would 
take such occurrence into account in reaching a de-
cision. 
‘‘(7) SPECIAL EXPERTISE.—The term ‘special 
expertise’ means statutory responsibility, agency 
mission, or related program experience.’’. 
(b) REGULATORY CHANGES.— 
(1) CONTROVERSY
AS
A
FACTOR
IN
DETER-
MINING
SIGNIFICANCE.—The Council on Environ-
mental Quality shall, not later than 90 days after 
the date of enactment of this Act, issue regulations 
to remove consideration of the level of controversy 
with respect to a determination regarding whether a 
proposed Federal action is significant as such term 
is used in section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). 
(2) ALTERNATIVES OUTSIDE OF AGENCY JURIS-
DICTION.—The Council on Environmental Quality 
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shall, not later than 120 days after the date of en-
actment of this Act, issue regulations to remove any 
requirement that a lead agency consider alternatives 
not within the jurisdiction of such agency unless 
such consideration is necessary for agency decision 
making under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332). 
SEC. 1203. APPLICATION OF CATEGORICAL EXCLUSIONS 
FOR TRANSPORTATION PROJECTS. 
(a) IN GENERAL.—Section 304 of title 49, United 
States Code, is amended— 
(1) 
in 
the 
section 
heading 
by 
striking 
‘‘multimodal’’ 
and 
inserting 
‘‘transpor-
tation’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Department of Trans-
portation operating administration or sec-
retarial office’’ and inserting ‘‘Federal 
agency’’; 
(ii) by striking ‘‘lead authority’’ and 
inserting ‘‘lead agency’’; and 
(iii) by striking ‘‘multimodal’’; 
(B) by amending paragraph (2) to read as 
follows: 
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‘‘(2) LEAD AGENCY.—The term ‘lead agency’ 
means a Federal agency, or State agency that has 
been delegated authority under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), that has the lead responsibility for compliance 
with such Act with respect to a proposed project.’’; 
and 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) PROJECT.—The term ‘project’ has the 
meaning given such term in section 139(a) of title 
23.’’; 
(3) in subsection (b) by striking ‘‘multimodal’’; 
(4) in subsection (c)— 
(A) 
in 
the 
heading 
by 
striking 
‘‘MULTIMODAL’’; 
(B) by striking ‘‘multimodal project, a lead 
authority’’ and inserting ‘‘project, a lead agen-
cy’’; 
(C) by striking ‘‘procedures of a cooper-
ating authority for a proposed multimodal 
project’’ and inserting ‘‘procedures of any other 
Federal agency for a proposed project’’; 
(D) in paragraph (1)— 
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(i) by striking ‘‘lead authority makes 
a determination, with the concurrence of 
the cooperating authority’’ and inserting 
‘‘the Federal agency proposing to apply the 
categorical exclusion makes a determina-
tion, after consultation with the other Fed-
eral agencies’’; 
(ii) in subparagraph (A) by striking 
‘‘multimodal’’; and 
(iii) in subparagraph (B) by striking 
the semicolon and inserting ‘‘; and’’; 
(E) in paragraph (2)— 
(i) by striking ‘‘lead authority’’ and 
inserting ‘‘lead agency proposing to apply 
the categorical exclusion’’; and 
(ii) by striking ‘‘of the cooperating au-
thority or procedures under that Act; and’’ 
and inserting ‘‘or procedures of the other 
Federal agency under that Act.’’; and 
(F) by striking paragraph (3); and 
(5) in subsection (d) by striking ‘‘multimodal’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 of title 49, United States Code, is amended by strik-
ing the item relating to section 304 and inserting the fol-
lowing: 
‘‘304. Application of categorical exclusions for transportation projects.’’. 
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SEC. 1204. AIR QUALITY AND CONFORMITY. 
(a) SEPARATING REQUIREMENTS APPLICABLE
TO 
PROJECTS.—Section 176(c) of the Clean Air Act (42 
U.S.C. 7506(c)) is amended— 
(1) in the matter preceding subparagraph (A) 
in paragraph (1) by striking ‘‘Conformity to’’ and 
inserting ‘‘Conformity to’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘(2) Any transportation’’ 
and inserting ‘‘(2)(A) Any transportation’’; 
(B) by striking ‘‘any transportation plan, 
program or project unless such plan, program 
or project’’ and inserting ‘‘any transportation 
plan or program unless such plan or program’’; 
(C) by striking ‘‘(A) no transportation’’ 
and inserting ‘‘(i) no transportation’’; 
(D) by striking ‘‘(B) no metropolitan’’ and 
inserting ‘‘(ii) no metropolitan’’; 
(E) by striking ‘‘(C) a transportation 
project may be adopted or approved by a metro-
politan planning organization or any recipient 
of funds designated under title 23, United 
States Code, chapter 53 of title 49, United 
States Code, or found in conformity by a metro-
politan planning organization or approved, ac-
cepted, or funded by the Department of Trans-
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portation only if it meets either the require-
ments of subparagraph (D)’’ and inserting the 
following: 
‘‘(B) Except as provided in this section, no Federal 
agency may approve, accept, or fund any transportation 
project unless such project has been found to conform to 
any applicable implementation plan in effect under this 
Act. A transportation project may be found in conformity 
by the Department of Transportation only if it meets ei-
ther the requirements of subparagraph (C)’’; 
(F) by adjusting the margins of clauses (i), 
(ii), and (iii) of subparagraph (B), as redesig-
nated, 2 ems to the left; and 
(G) by striking ‘‘(D) Any project not re-
ferred to’’ and inserting the following: 
‘‘(C) Any project not referred to’’. 
(b) CONFORMITY DETERMINATIONS PRIOR TO CON-
STRUCTION OF TRANSPORTATION PROJECTS.—Paragraph 
(2) of section 176(c) of the Clean Air Act (42 U.S.C. 
7506(c)), as amended by subsection (a), is further amend-
ed by adding at the end the following new subparagraph: 
‘‘(E) The conformity determinations required by this 
section with respect to transportation projects shall be co-
ordinated with the transportation planning process under 
sections 134 and 135 of title 23, United States Code, and 
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with the environmental review process required under the 
National Environmental Policy Act of 1969 and other ap-
plicable laws, in accordance with the following require-
ments: 
‘‘(i) The Secretary of Transportation shall 
make its conformity determination for a transpor-
tation project prior to initiation of construction of 
the project. 
‘‘(ii) The Secretary of Transportation shall in-
clude the transportation project in the plan or pro-
gram developed pursuant to title 23 or chapter 53 
of title 49, as applicable, before the Secretary of 
Transportation makes a conformity determination 
for the project. 
‘‘(iii) The Secretary of Transportation shall— 
‘‘(I) ensure that any environmental docu-
ment prepared for the project under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4332 et seq.) discloses the need for a 
transportation conformity determination and 
evaluates consistency with conformity require-
ments; and 
‘‘(II) condition any approval issued by the 
Secretary in the environmental review process 
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on satisfying conformity requirements prior to 
construction.’’. 
(c) TECHNICAL CORRECTION
TO MARGINS.—The 
margins of paragraphs (5) through (10) of section 176(c) 
of the Clean Air Act (42 U.S.C. 7506(c)) are amended 
by moving such margins 2 ems to the left. 
(d) APPLICABILITY.—Section 176(c)(5) of the Clean 
Air Act (42 U.S.C. 7506(c)(5)), as amended by subsection 
(c), is further amended— 
(1) by striking ‘‘(5) APPLICABILITY.—This sub-
section’’ and inserting ‘‘(5) APPLICABILITY.—(A) 
This subsection’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) If a new national ambient air quality standard 
is promulgated for an air pollutant under section 109, the 
requirements of this section apply only with respect to the 
most recently promulgated standard.’’. 
(e) 
PROGRAMMATIC
CONFORMITY
DETERMINA-
TIONS.—Section 176(c) of the Clean Air Act (42 U.S.C. 
7506(c)), as amended, is amended by adding at the end 
the following new paragraph: 
‘‘(11) PROGRAMMATIC CONFORMITY DETERMINA-
TIONS.— 
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‘‘(A) IN GENERAL.—The Secretary of Trans-
portation— 
‘‘(i) shall, to the maximum extent prac-
ticable, use programmatic conformity deter-
minations to streamline the process for satis-
fying transportation conformity requirements 
under this subsection; and 
‘‘(ii) may issue a programmatic conformity 
determination, in consultation with the Admin-
istrator, on a nationwide, statewide, metropoli-
tan, or other geographic basis. 
‘‘(B) REGULATIONS.— 
‘‘(i) REQUIREMENT.—Not later than 180 
days after the date of enactment of this para-
graph, the Secretary of Transportation shall 
issue regulations implementing this paragraph. 
‘‘(ii) 
CONTENTS.—The 
regulations 
re-
quired by clause (i) shall include, at a min-
imum, procedures for making programmatic 
conformity determinations for— 
‘‘(I) projects in marginal nonattain-
ment areas; 
‘‘(II) projects that are not exempt 
from conformity requirements, but would 
have individually and cumulatively minor 
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effects on the applicable area’s ability to 
control pollutants; and 
‘‘(III) projects located in areas in 
which the ambient levels of the applicable 
pollutant are substantially lower than the 
level required by the applicable national 
ambient air quality standard, such that an 
exceedance of that standard is determined 
by the Secretary to be unlikely to occur. 
‘‘(C) DEFINITION.—In this paragraph, the term 
‘programmatic conformity determination’ includes 
any conformity determination that applies to a cat-
egory 
of 
transportation 
plans, 
programs, 
or 
projects.’’. 
SEC. 1205. AGREEMENTS RELATING TO USE OF AND AC-
CESS TO RIGHTS-OF-WAY INTERSTATE SYS-
TEM. 
Section 111(e) of title 23, United States Code, is 
amended by striking subsection (e) and inserting the fol-
lowing: 
‘‘(e) JUSTIFICATION REPORTS.— 
‘‘(1) IN GENERAL.—Upon request of a State, 
the Secretary shall enter into a written agreement 
with the State that assigns the full responsibility of 
the Secretary to the State for granting any approv-
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als required under subsection (a) for changes in 
points of access to, or exits from, the Interstate Sys-
tem (including new or modified freeway-to-crossroad 
interchanges inside a transportation management 
area (designated or identified under section 5303(k) 
of title 49)). 
‘‘(2) CONDITIONS.—In entering into a written 
agreement under paragraph (1), the Secretary shall 
include appropriate conditions to ensure that the re-
sponsibilities assigned are carried out in a manner 
consistent with maintaining a safe and efficient 
Interstate System.’’. 
SEC. 1206. PERMITS FOR DREDGED OR FILL MATERIAL. 
Section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344) is amended— 
(1) in subsection (f)(1)— 
(A) in subparagraph (C) by striking ‘‘or 
the maintenance of drainage ditches’’; 
(B) by redesignating subparagraphs (D), 
(E), and (F) as subparagraphs (E), (F), and 
(G), respectively; and 
(C) by inserting after subparagraph (C) 
the following: 
‘‘(D) activities involving maintenance, re-
pair and/or construction of roadside ditches, in-
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cluding emergency activities, temporary fills, 
and changes in the character, scope, and/or size 
of the original fill design to meet current design 
and safety standards, provided that they do not 
result in significant alterations to flow or cir-
culation, and maintain to the maximum extent 
practicable, the course, condition, capacity, and 
location of open waters;’’; and 
(2) in subsection (s)(3) by striking ‘‘acton’’ and 
inserting ‘‘action’’. 
SEC. 1207. PILOT PROGRAM ON USE OF INNOVATIVE PRAC-
TICES FOR ENVIRONMENTAL REVIEWS. 
(a) FINDINGS.—Congress finds the following: 
(1) The environmental review process for trans-
portation infrastructure projects is complex and inef-
ficient, resulting in delays and increased costs of de-
livery of needed improvements to our transportation 
system. 
(2) It is in the national interest to promote 
truly innovative approaches that have the potential 
to yield positive environmental and transportation 
outcomes more quickly and efficiently, with greater 
transparency and responsiveness to all stakeholders. 
(b) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a pilot program to promote the use 
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of innovative practices in carrying out environmental re-
views for transportation projects, including innovative 
practices that— 
(1) integrate environmental planning or other 
techniques involving consideration of multiple re-
sources on a watershed or ecosystem scale; 
(2) enhance environmental mitigation and en-
hancement measures that will result in a substantial 
improvement over existing conditions in an eco-
system or watershed; 
(3) use innovative technologies that enable more 
effective public participation in decision making, in-
cluding use of visualization, animation, and other 
advanced methods for depicting alternatives; and 
(4) focus on environmental and transportation 
outcomes rather than processes. 
(c) FLEXIBILITIES.—In carrying out the pilot pro-
gram established under subsection (b), the Secretary, in 
concurrence with the affected agency may waive, with re-
spect to an eligible project, any requirement under Federal 
law, regulation, or order, if the Secretary and such agen-
cies find that waiving the requirement is reasonably ex-
pected to— 
(1) promote the development of innovative prac-
tices for the environmental review process, as de-
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scribed in paragraphs (1) through (4) of subsection 
(b); 
(2) enable the more efficient delivery of needed 
improvements to the transportation system; and 
(3) result in achieving the conservation goals of 
relevant statutes. 
(d) ELIGIBILITY.—In carrying out the pilot program 
established under subsection (b), the Secretary may not 
select more than 15 eligible projects to participate in the 
program. 
(e) APPLICATION PROCESS.— 
(1) IN GENERAL.—The Secretary and the af-
fected agency shall be jointly responsible for review-
ing and approving applications for participation in 
the program, as set forth in this subsection. 
(2) APPLICATION.—The applicant shall submit 
a written application, in a form prescribed by the 
Secretary, requesting use of one or more innovative 
practices in the environmental review process for the 
project or proposal and identifying any flexibilities 
needed to carry out those innovative practices. 
(3) WRITTEN RECOMMENDATION.—If the Sec-
retary recommends approval of the application, the 
Secretary shall submit a written recommendation to 
the affected agency for review. The Secretary’s rec-
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ommendation may include modifications to the appli-
cant’s proposal. 
(4) APPROVAL OR DENIAL OF APPLICATION.— 
The affected agency shall approve or deny the appli-
cation, or approve the application with conditions. 
(5) COMMUNICATION OF DECISION.—Upon the 
final approval decision by the Secretary and affected 
agency, the Secretary shall communicate the decision 
in writing to the project sponsor, the affected State 
(if not the project sponsor), and each affected agen-
cy, and shall post the decision on the agency’s public 
website, and publish the decision in the Federal Reg-
ister. The Secretary’s notice shall identify, with 
specificity, each Federal requirement that has been 
waived or otherwise modified. This decision shall be 
final. 
(f) IMPLEMENTATION.—Upon publication of the deci-
sion in the Federal Register pursuant to subsection (e)(5), 
the Secretary may initiate the proposal or the environ-
mental review process for the project. Each Federal agen-
cy with responsibility for review, consultation, approval, 
or other role in the environmental review process for the 
project or proposal shall proceed in accordance with the 
decision. 
(g) TERMINATION.— 
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(1) IN
GENERAL.—The Secretary or any af-
fected agency may terminate the participation of a 
project in the pilot program under this section if the 
Secretary or affected agency determines that— 
(A) the conditions for participation (as set 
forth in the application approval decision) have 
not been met; and 
(B) termination is in the public interest. 
(2) NOTICE.—Before terminating a project’s 
participation under paragraph (1), the Secretary 
shall give the project sponsor (and the State, if the 
State is not the sponsor) written notice and a period 
of at least 30 days to address the concerns. 
(h) REPORTING.— 
(1) ANNUAL REPORT.—The Secretary, in con-
sultation with the affected agency, shall annually 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate a report on each eligible project participating 
in the program. 
(2) CONTENTS.—The annual report under 
paragraph (1) shall— 
(A) identify each eligible project; 
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(B) provide a status update on the envi-
ronmental review process for such project; and 
(C) summarize any lessons learned from 
the use of innovative practices authorized under 
the pilot program. 
(i) SUNSET.—The pilot program established under 
subsection (b) shall terminate on the date that is 5 years 
after the date of enactment of this Act. 
(j) DEFINITIONS.—In this section: 
(1) AFFECTED AGENCY.—The term ‘‘affected 
agency’’ means a Federal agency or agencies, other 
than the Department of Transportation, with an ap-
proval or consultation role that would be affected if 
the flexibilities described in subsection (c) are used. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any State department of transportation. 
(3) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ includes— 
(A) any project (as such term is defined in 
section 139(a)(6) of title 23, United States 
Code) for which the environmental review proc-
ess has not been initiated for such project; and 
(B) any proposal to meet paragraphs (1) 
through (4) of subsection (c). 
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TITLE II—INNOVATIVE PROJECT 
FINANCE 
SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT OF 1998 TEMPORARY 
LOAN RELIEF DUE TO COVID–19. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE BORROWER.—The term ‘‘eligible 
borrower’’ means a recipient of an eligible loan ad-
ministered by the National Surface Transportation 
and Innovative Finance Bureau. 
(2) ELIGIBLE LOAN.—The term ‘‘eligible loan’’ 
means a loan provided on or before the date of en-
actment of this Act under a program described in 
subparagraph (A) or (B) of section 116(d)(1) of title 
49, United States Code. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) INTEREST RATE RESET.— 
(1) IN
GENERAL.—If, at any time after the 
date of execution of an eligible loan, the eligible bor-
rower of such eligible loan is impacted by COVID– 
19 and unable to generate sufficient revenues from 
the dedicated revenue source to pay the scheduled 
repayments of principal and interest on such eligible 
loan— 
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(A) the eligible borrower may submit to 
the Secretary a request to reset the interest 
rate of the eligible loan in such manner and 
containing such information as the Secretary 
may require; and 
(B) the Secretary— 
(i) in accordance with such criteria as 
the Secretary may establish under sub-
section (d), shall determine whether the el-
igible borrower is impacted by COVID–19; 
and 
(ii) if a positive determination is made 
under clause (i), may reset the interest 
rate of such eligible loan (including 
through amendment of such eligible loan) 
to a lower interest rate equal to not less 
than the yield on United States Treasury 
securities of a similar maturity to the ma-
turity of the eligible loan on the date of the 
reset, in accordance with this section. 
(2) APPLICABILITY.—A lower interest rate pro-
vided for an eligible loan pursuant to paragraph 
(1)(B)(ii) shall apply until the final maturity date of 
the eligible loan. 
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(c) OTHER LOAN MODIFICATIONS.—With respect to 
an eligible borrower impacted by COVID–19, the Sec-
retary, on determining that the eligible borrower has been 
impacted by COVID–19, may— 
(1) allow, for a maximum aggregate period of 
not more than 5 years, an obligor to add unpaid 
principal and interest to the outstanding balance of 
the loan, subject to the requirements under section 
502(j)(3)(B) of the Railroad Revitalization and Reg-
ulatory 
Reform 
Act 
of 
1976 
(45 
U.S.C. 
822(j)(3)(B)) or section 603(c)(3)(B) of title 23, 
United States Code, as applicable; and 
(2) extend any applicable disbursement period 
established under an agreement for credit assistance 
made pursuant to section 502 of the Railroad Revi-
talization and Regulatory Reform Act of 1976 (45 
U.S.C. 822) or section 603 of title 23, United States 
Code, as applicable. 
(d) CRITERIA.— 
(1) IN GENERAL.—To be eligible to receive a 
lower interest rate or other loan modification under 
this section, an eligible borrower shall achieve com-
pliance with such criteria as the Secretary may es-
tablish, in accordance with paragraph (2). 
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(2) FACTORS FOR CONSIDERATION.—In estab-
lishing criteria for purposes of paragraph (1), the 
Secretary may take into consideration such factors 
as the Secretary determines to be relevant, including 
achieving the objectives of— 
(A) maintaining the operation of a project 
carried out by an eligible borrower in a disaster, 
emergency, or other extenuating circumstance; 
(B) mitigating the financial impact on an 
eligible borrower of a disaster, emergency, or 
other extenuating circumstance; and 
(C) protecting the interests of the Federal 
Government in critical infrastructure. 
(e) EFFECTIVE PERIOD.— 
(1) IN GENERAL.—The authority of the Sec-
retary to reset interest rates pursuant to this section 
shall terminate on September 30, 2021. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection affects any eligible loan that is modified 
pursuant to this section on or before September 30, 
2021. 
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TITLE III—PUBLIC 
TRANSPORTATION 
SEC. 3001. SHORT TITLE. 
This title may be cited as the ‘‘Federal Public Trans-
portation Act of 2020’’. 
SEC. 3002. URBANIZED AREA FORMULA GRANTS. 
Section 5307(f)(2) of title 49, United States Code, 
is amended— 
(1) by striking ‘‘At least once every 3 years’’ 
and inserting the following: 
‘‘(A) IN GENERAL.—At least once every 3 
years, except as provided for under subpara-
graph (B)’’; and 
(2) by adding at the end the following: 
‘‘(B) TARGETED REVIEW FOR HIGH-PER-
FORMING RECIPIENTS.—In the case of a recipi-
ent under this section for which no action under 
paragraph (3) has been found to be necessary 
for 6 or more consecutive years, the triennial 
review shall be a targeted review, as determined 
by the Secretary, to ascertain whether there is, 
with respect to the performance of a program 
under this section— 
‘‘(i) any outstanding or unresolved 
finding from prior reviews; 
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‘‘(ii) evidence of noncompliance with 
an applicable statutory or administrative 
requirement under this chapter; or 
‘‘(iii) any material change since the 
most recent triennial review that the Sec-
retary determines risks the recipient’s com-
pliance with respect to such performance.’’. 
SEC. 
3003. 
FIXED 
GUIDEWAY 
CAPITAL 
INVESTMENT 
GRANTS. 
Section 5309 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (7)— 
(i) in subparagraph (A) by striking 
‘‘$100,000,000’’ 
and 
inserting 
‘‘$200,000,000’’; and 
(ii) in subparagraph (B) by striking 
‘‘$300,000,000’’ 
and 
inserting 
‘‘$400,000,000’’; and 
(B) by adding at the end the following: 
‘‘(8) RURAL START PROJECT.—The term ‘rural 
start project’ means a new transit capital project 
that is not in an urbanized area for which— 
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‘‘(A) the Federal assistance provided or to 
be provided under this section is less than 
$80,000,000; and 
‘‘(B) the total estimated net capital cost is 
less than $150,000,000.’’; 
(2) in subsection (b)(1) by striking ‘‘or small 
start projects’’ and inserting ‘‘, small start projects, 
or rural start projects’’; 
(3) in subsection (c)(1) by striking ‘‘small start 
projects’’ and inserting ‘‘, small start projects, rural 
start projects’’; and 
(4) in subsection (h)— 
(A) in the heading by striking ‘‘SMALL 
START
PROJECTS’’ and inserting ‘‘SMALL 
START
PROJECTS
AND
RURAL
START 
PROJECTS’’; 
(B) in paragraph (1) by striking ‘‘small 
start project’’ and inserting ‘‘small start project 
or rural start project’’; 
(C) in paragraph (2)(A) by striking ‘‘small 
starts project’’ and inserting ‘‘small start 
project or rural start project’’; 
(D) in paragraph (3) by striking ‘‘small 
start project’’ and inserting ‘‘small start project 
or rural start project’’; and 
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(E) in paragraph (6)(A) by striking ‘‘small 
start project’’ and inserting ‘‘small start project 
or rural start project’’. 
SEC. 3004. ENHANCED MOBILITY OF SENIORS AND INDIVID-
UALS WITH DISABILITIES. 
Section 5310 of title 49, United States Code, is 
amended— 
(1) in subsection (b)(2) by striking ‘‘(A) 
AMOUNT AVAILABLE’’ and all that follows through 
‘‘A recipient of a grant under’’ and inserting ‘‘A re-
cipient of a grant under’’; 
(2) in subsection (c)(2) by adding at the end 
the following: 
‘‘(E) REALLOCATION.—Amounts appor-
tioned under section 5310(c)(1)(A) may be re-
allocated to projects in areas other than urban-
ized areas.’’; 
(3) by striking paragraphs (1) and (2) of sub-
section (d) and inserting the following: 
‘‘(1) CAPITAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a grant awarded under this 
section for a capital project shall be 80 percent 
of the net costs of the project, as determined by 
the Secretary. 
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‘‘(B) EXCEPTION.—A State described in 
section 120(b) of title 23 shall receive a Gov-
ernment share of the net costs in accordance 
with the formula under such section. 
‘‘(2) OPERATING ASSISTANCE.— 
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), a grant awarded under this 
section for a operating assistance may not ex-
ceed an amount equal to 50 percent of the net 
operating costs of the project, as determined by 
the Secretary. 
‘‘(B) EXCEPTION.—A State described in 
section 120(b) of title 23 shall receive a Gov-
ernment share of the net costs that is equal to 
62.5 percent of the Government share provided 
for under paragraph (1)(B).’’; and 
(4) by striking subsection (e)(1) and inserting 
the following: 
‘‘(1) IN GENERAL.—To the extent the Secretary 
determines appropriate, the requirements of— 
‘‘(A) section 5307 shall apply to recipients 
of grants made in urbanized areas under this 
subsection; and 
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‘‘(B) section 5311 shall apply to recipients 
of grants made in rural areas under this sub-
section.’’. 
SEC. 3005. FORMULA GRANTS FOR RURAL AREAS. 
Section 5311(g) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by adding at the end the 
following: 
‘‘(C) PROJECTS
IN
QUALIFIED
OPPOR-
TUNITY
ZONES, 
MEDICALLY
UNDERSERVED 
AREAS, OR AREAS WITH A MEDICALLY UNDER-
SERVED POPULATION.—A grant awarded under 
this section for a capital project in a qualified 
opportunity zone, a medically underserved area, 
or areas with a medically underserved popu-
lation shall be for 90 percent of the net costs 
of the project, as determined by the Sec-
retary.’’; 
(2) in paragraph (2) by adding at the end the 
following: 
‘‘(C) PROJECTS
IN
QUALIFIED
OPPOR-
TUNITY
ZONES, 
MEDICALLY
UNDERSERVED 
AREAS, OR AREAS WITH A MEDICALLY UNDER-
SERVED POPULATION.—A grant awarded under 
this section for a capital project in a qualified 
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opportunity zone, a medically underserved area, 
or an area with a medically underserved popu-
lation shall be for 62.5 percent of the Govern-
ment share provided for under paragraph 
(1)(B).’’; and 
(3) by adding at the end the following: 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) QUALIFIED
OPPORTUNITY
ZONE.— 
The term ‘qualified opportunity zone’ has the 
meaning given such term in section 1400Z–1 of 
the Internal Revenue Code of 1986. 
‘‘(B) MEDICALLY
UNDERSERVED
AREAS; 
AN
AREA
WITH
A
MEDICALLY
UNDERSERVED 
POPULATION.—The 
term 
‘medically 
under-
served areas’ or ‘an area with a medically un-
derserved population’ means an area or popu-
lations that are designated as medically under-
served by the Secretary of Health and Human 
Services pursuant to section 330(b)(3) of the 
Public 
Health 
Service 
Act 
(42 
U.S.C. 
254b(b)(3)).’’. 
SEC. 3006. NON-EMERGENCY MEDICAL TRANSPORTATION. 
(a) RESEARCH
PROJECT
ELIGIBILITY.—Section 
5312(c)(2) of title 49, United States Code, is amended— 
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(1) in subparagraph (M), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (N) as sub-
paragraph (O); and 
(3) by inserting after subparagraph (M) the fol-
lowing: 
‘‘(N) access to hospitals and healthcare 
providers in areas underserved by transit or 
with limited public transportation options, as 
determined by the Secretary; or’’. 
(b) INNOVATION AND DEVELOPMENT PROJECT ELI-
GIBILITY.—Section 5312(d)(2) of title 49, United States 
Code, is amended— 
(1) in subparagraph (G), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (H) as sub-
paragraph (I); and 
(3) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) public transportation projects that 
improve health care access and outcomes; or’’. 
(c) DEMONSTRATION, DEPLOYMENT, AND EVALUA-
TION PROJECT ELIGIBILITY.—Section 5312(e)(3) of title 
49, United States Code, is amended— 
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(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(D) the deployment of public transpor-
tation projects or practices that— 
‘‘(i) achieve measurable improvements 
in transportation access to health care for 
medically underserved areas or popu-
lations, as designated by the Health Re-
sources and Services Administration pursu-
ant to section 330(b)(3) of the Public 
Health 
Service 
Act 
(42 
U.S.C. 
254b(b)(3)); 
‘‘(ii) implement transportation strate-
gies for addressing significant health needs 
as identified by a community health needs 
assessment pursuant to the requirements 
of section 501(r)(3)(A) of the Internal 
Revenue Code of 1986; or 
‘‘(iii) eliminate or reduce transpor-
tation barriers to accessing health care 
that are identified and prioritized in the 
coordinated public transit-human services 
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transportation plan described in section 
5310(e)(2)(A).’’. 
SEC. 3007. TECHNICAL ASSISTANCE AND WORKFORCE DE-
VELOPMENT. 
(a) IN GENERAL.—Section 5314(a) of title 49, 
United States Code, is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (H) by striking ‘‘and’’ 
at the end; 
(B) by redesignating subparagraph (I) as 
subparagraph (J); and 
(C) by inserting after subparagraph (H) 
the following: 
‘‘(I) provide innovation and capacity build-
ing to rural and tribal public transportation re-
cipients but not to duplicate the activities of 
sections 5311(b) or 5312; and’’; and 
(2) by adding at the end the following: 
‘‘(4) AVAILABILITY
OF
AMOUNTS.—Of the 
amounts made available to carry out this section 
under section 5338(c), such sums as necessary shall 
be available to carry out activities described in para-
graph (2)(I).’’. 
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(b) 
AVAILABILITY
OF
AMOUNTS.—Section 
5314(c)(4)(A) of title 49, United States Code, is amended 
by inserting ‘‘5311,’’ after ‘‘5307,’’. 
SEC. 3008. GENERAL PROVISIONS. 
(a) REASONABLE ACCESS
TO PUBLIC TRANSPOR-
TATION FACILITIES.—Section 5323(r) of title 49, United 
States Code, is amended to read as follows: 
‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR-
TATION FACILITIES.— 
‘‘(1) IN GENERAL.—A recipient of assistance 
under this chapter may not deny reasonable access 
for a private or charter transportation operator to 
federally funded public transportation facilities, in-
cluding intermodal facilities, park-and-ride lots, and 
bus-only highway lanes. In determining reasonable 
access, capacity requirements of the recipient of as-
sistance and the extent to which access would be 
detrimental or beneficial to existing public transpor-
tation services must be considered. A recipient shall 
respond to any request for reasonable access within 
90 days of the receipt of the request. 
‘‘(2) RESPONSE TO REQUEST.— 
‘‘(A) IN GENERAL.—If a recipient of as-
sistance under this chapter fails to respond to 
a request within the 90-day period described in 
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paragraph (1), the operator may seek assist-
ance from the Secretary to obtain a response. 
‘‘(B) DENIAL OF ACCESS.—If a recipient 
of assistance under this chapter denies access 
to a private intercity or charter transportation 
operator based on the reasonable access stand-
ards provided in paragraph (1), the recipient 
shall provide, in writing, the reasons for the de-
nial.’’. 
(b) WAIVERS
AND DEFERRALS; ADMINISTRATIVE 
OPTION.—Section 5323 of title 49, United States Code, 
is amended by striking subsection (t) and inserting the 
following: 
‘‘(t) WAIVERS
AND DEFERRALS; ADMINISTRATIVE 
OPTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary shall have the author-
ity to waive, exempt, defer, or establish a simplified 
level of compliance for recipients of assistance under 
this chapter that operate 10 or fewer vehicles in 
service, or that receive financial assistance under 
both sections 5307 and 5311 of this chapter. 
‘‘(2) GUIDANCE
REQUIRED.—Not later than 
180 days of enactment of the Federal Public Trans-
portation Act of 2020, the Secretary shall publish 
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guidance for recipients of assistance under this 
chapter that operate 10 or fewer buses in service or 
that receive financial assistance under both of sec-
tions 5307 and 5311 concerning— 
‘‘(A) which specific requirements may be 
considered for waivers, exemptions, deferrals, or 
simplified levels of compliance by recipients of 
assistance described in paragraph (1); 
‘‘(B) the process by which recipients of as-
sistance described in paragraph (1) may request 
such waivers, exemptions, deferrals, or sim-
plified levels of compliance; 
‘‘(C) the criteria by which the Secretary 
shall evaluate and act upon such requests; 
‘‘(D) the terms and conditions the Sec-
retary shall attach to any waiver, exemption, 
deferral or simplified level of compliance that is 
awarded under paragraph (1); 
‘‘(E) actions the Secretary may take if a 
recipient fails to comply the terms and condi-
tions attached to a waiver, exemption, deferral, 
or simplified level of compliance that has been 
awarded under paragraph (1); and 
‘‘(F) the circumstances under which the 
Secretary may use this paragraph to award a 
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waiver, exemption, deferral or simplified level of 
compliance to a recipient of assistance under 
this chapter and described in this paragraph. 
‘‘(3) MAINTAIN SAFETY.—The Secretary shall 
not take any action under this subsection that would 
degrade safety to lives or property. 
‘‘(4) REPORT.—The Secretary shall submit to 
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives an annual report detailing the requests and 
actions that have been taken under this subsection 
in the preceding 12 months.’’. 
(c) THRESHOLD FOR THE SALE OF TRANSIT VEHI-
CLES AFTER SERVICE LIFE.—Section 5323 of title 49, 
United States Code, is further amended by adding at the 
end the following: 
‘‘(v) THRESHOLD FOR THE SALE OF TRANSIT VEHI-
CLES AFTER SERVICE LIFE.—Notwithstanding any other 
provision of law or regulation, for programs under this 
chapter the threshold amount for transit vehicles after the 
service life is reached shall be 20 percent of the original 
acquisition cost of the purchased equipment. For transit 
vehicles sold for an amount above such amount, the 
threshold amount shall be retained by the transit agency 
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upon sale of the asset for use by the transit agency for 
the purpose of operating or capital expenditures, and the 
remainder shall be remitted to the Secretary and shall be 
deposited into the Mass Transit Account of the Highway 
Trust Fund. If such a vehicle is sold for an amount below 
or equal to the threshold amount, the transit agency shall 
retain all funds from the sale.’’. 
SEC. 3009. APPORTIONMENTS. 
Section 5336(h)(3) of title 49, United States Code, 
is amended to read as follows: 
‘‘(3) of amount not apportioned under para-
graphs (1) and (2), 3 percent shall be apportioned 
to urbanized areas with populations of less than 
200,000 in accordance with subsection (i);’’. 
SEC. 3010. GRANTS FOR BUS AND BUS FACILITIES. 
Section 5339 of title 49, United States Code is 
amended— 
(1) in subsection (a)(5) by striking subpara-
graph (A) and inserting the following: 
‘‘(A) NATIONAL DISTRIBUTION.—For each 
of fiscal years 2021 through 2025, each State 
shall be allocated 0.6 percent of the amount 
made available under section 5338(a)(2)(L) and 
each territory shall be allocated 0.15 percent of 
such amount.’’; 
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(2) in subsection (b)(5) by striking ‘‘10’’ and 
inserting ‘‘20’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)(E)— 
(i) in clause (i) by striking ‘‘; or’’ and 
inserting a semicolon; 
(ii) in clause (ii) by striking the semi-
colon and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) with respect to projects in rural 
areas, any passenger vehicle that is 
equipped with any technology, including 
compressed natural gas and liquefied nat-
ural gas that reduces energy consumption 
or harmful emissions, including direct car-
bon emissions, when compared to a diesel 
powered vehicle;’’; 
(B) in paragraph (3)(A) by striking ‘‘re-
quirements of section 5307’’ and inserting the 
following: ‘‘requirements of— 
‘‘(i) for eligible recipients of grants 
made in urbanized areas, section 5307; 
and 
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‘‘(ii) for eligible recipients of grants 
made in rural areas, section 5311.’’; and 
(C) by adding at the end the following: 
‘‘(8) DISTRIBUTION OF GRANT FUNDS.—Of the 
funds allocated under section 5338(a)(2)(M) for no 
or low emission grants under section 5339(c), not 
less than 10 percent of the amounts shall be distrib-
uted to projects in rural areas.’’. 
SEC. 3011. ELIMINATION OF APPORTIONMENTS BASED ON 
HIGH DENSITY STATE FACTORS. 
(a) IN GENERAL.—Section 5340 of title 49, United 
States Code, is amended— 
(1) in subsection (b) by striking ‘‘and sub-
section (d)’’; and 
(2) by striking subsection (d). 
(b) TECHNICAL CORRECTIONS.—Section 5340 of title 
49, United States Code, is amended— 
(1) 
in 
subsection 
(b) 
by 
striking 
‘‘5338(b)(2)(N)’’ and inserting ‘‘5338(a)(2)(N)’’; 
and 
(2) in subsection (c)(1) by striking ‘‘subsection 
(b)(1)’’ and inserting ‘‘subsection (b)’’. 
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SEC. 3012. INNOVATIVE MOBILITY AND TECHNOLOGY DE-
PLOYMENT GRANTS. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5312 
the following: 
‘‘§ 5313. Innovative mobility and technology deploy-
ment grants 
‘‘(a) AUTHORITY.—The Secretary shall establish an 
innovative mobility and technology deployment grants pro-
gram to award grants to entities described in subsection 
(b) to assist in financing of public transportation projects 
that— 
‘‘(1) allow for the integration of mobility serv-
ices or technologies in public transportation services, 
including traveler information, trip planning infor-
mation, new or expanded reservation capabilities, in-
tegrated payment solutions, fare automation, or de-
livery designs to improve options in public transpor-
tation; 
‘‘(2) advance first-mile, last-mile, late night, or 
low density services that connect riders to public 
transportation, including— 
‘‘(A) microtransit; 
‘‘(B) commuter busing; or 
‘‘(C) commuter highway vehicles; 
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‘‘(3) advance on demand complementary para-
transit services; 
‘‘(4) provide accessibility and connectivity for 
rural areas not being adequately served by public 
transportation, as determined by the Secretary; 
‘‘(5) expand high-performing public transpor-
tation business models that increase access to public 
transportation; or 
‘‘(6) provide any other transit service that the 
Secretary determines appropriate to meet the pur-
poses of this section. 
‘‘(b) ELIGIBLE ENTITIES.—To be eligible for a grant 
under this section, an entity shall be— 
‘‘(1) a State or local government; or 
‘‘(2) a publicly owned operator of public trans-
portation. 
‘‘(c) APPLICATION.—To be eligible to receive a grant 
under this section, an entity described in subsection (b) 
shall submit to the Secretary an application in such form 
and contain such information as the Secretary may re-
quire. 
‘‘(d) RULEMAKING.—The Secretary shall— 
‘‘(1) issue such regulations as are necessary to 
carry out this section, and publish such regulations 
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in the Federal Register, not later than 270 days 
after the date of enactment of this section; and 
‘‘(2) in issuing such regulations, solicit and re-
ceive comments from stakeholders not later than 
180 days after the date of enactment of this section. 
‘‘(e) GRANT REQUIREMENTS.—The Secretary may 
approve modified grant requirements for projects carried 
out using a grant under this section. 
‘‘(f) LIMITATIONS.— 
‘‘(1) PERIOD OF GRANT.—A grant under this 
section shall be for a 3-year period beginning on the 
date on which the first payment of any amount 
under the grant is provided to an eligible entity. 
‘‘(2) RURAL GRANT MINIMUM.—The Secretary 
shall award not less than 20 percent of the total 
amounts made available to carry out this section to 
support activities described under subsection (a) in 
rural areas. 
‘‘(3) GOVERNMENT
SHARE
OF
COSTS.—The 
Federal share of the total project cost of a project 
carried out under this section may not exceed 80 
percent. 
‘‘(4) ALLOCATION.—Of the amounts authorized 
to be appropriated to carry out this section for each 
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fiscal year, not more than 20 percent may be award-
ed under subsection (a) to a single entity. 
‘‘(g) BEST PRACTICES.—The Secretary shall annu-
ally collect from, review, and disseminate to public trans-
portation agencies findings or best practices from projects 
funded under this section. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) COMMUTER
HIGHWAY
VEHICLE.—The 
term ‘commuter highway vehicle’ has the meaning 
given such term in section 132(f)(5)(B) of the Inter-
nal Revenue Code of 1986. 
‘‘(2) HIGH-PERFORMING
PUBLIC
TRANSPOR-
TATION.—The term ‘high-performing public trans-
portation’ means a public transportation service, 
whether provided by a public agency, private non-
profit, or for-profit organization, that is able to col-
lect all operating costs through fare-box revenue or 
other dedicated sources for an activity and increases 
access to public transportation. 
‘‘(3) MICRO-TRANSIT.—The term ‘micro-transit’ 
means internet-enabled, public transportation serv-
ices that use dynamically generated routes calculated 
by algorithms developed to increase the occupancy of 
vehicles.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 of title 49, United States Code, is amended by in-
serting after section 5312 the following: 
‘‘5313. Innovative mobility and technology deployment grants.’’. 
TITLE IV—HIGHWAY TRAFFIC 
SAFETY 
SEC. 4001. FUNDING AND GRANT REQUIREMENTS. 
The funds provided for programs under chapter 4 of 
title 23, United States Code, and chapter 303 of title 49, 
United States Code, shall be subject to the following re-
quirements: 
(1) APPLICABILITY OF TITLE 23.—Except as 
otherwise provided in chapter 4 of title 23, United 
States Code, and chapter 303 of title 49, United 
States Code, amounts made available under sub-
section (a) for fiscal years 2021 through 2025 shall 
be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 
23, United States Code. 
(2) REGULATORY AUTHORITY.—Grants award-
ed under this title shall be carried out in accordance 
with regulations issued by the Secretary of Trans-
portation. 
(3) STATE
MATCHING
REQUIREMENTS.—If a 
grant awarded under chapter 4 of title 23, United 
States Code, requires a State to share in the cost, 
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the aggregate of all expenditures for highway safety 
activities made during a fiscal year by the State and 
its political subdivisions (exclusive of Federal funds) 
for carrying out the grant (other than planning and 
administration) shall be available for the purpose of 
crediting the State during such fiscal year for the 
non-Federal share of the cost of any other project 
carried out under chapter 4 of title 23, United 
States Code (other than planning or administration), 
without regard to whether such expenditures were 
made in connection with such project. 
(4) GRANT APPLICATION AND DEADLINE.—To 
receive a grant under chapter 4 of title 23, United 
States Code, a State shall submit an application, 
and the Secretary shall establish a single deadline 
for such applications to enable the award of grants 
early in the next fiscal year. 
(5) PROHIBITION ON OTHER USES.—Except as 
otherwise provided in chapter 4 of title 23, United 
States Code, and chapter 303 of title 49, United 
States Code, the amounts made available from the 
Highway Trust Fund (other than the Mass Transit 
Account) for a program under such chapters— 
(A) shall only be used to carry out such 
program; and 
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(B) may not be used by States or local 
governments for construction purposes. 
SEC. 4002. HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT. 
(a) IN GENERAL.—Section 403 of title 23, United 
States Code, is amended— 
(1) in subsection (h) by striking paragraph (2) 
and inserting the following: 
‘‘(2) FUNDING.—The Secretary shall obligate 
such sums as are necessary in fiscal year 2021 
through 2024 from the funds made available to 
carry out this section to conduct the research de-
scribed in paragraph (1).’’; and 
(2) by adding at the end the following: 
‘‘(k) DRUG-IMPAIRED DRIVING PREVENTION PILOT 
PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, the Sec-
retary shall establish a pilot program to create, and 
study the effects of, a public awareness campaign to 
reduce instances of driving while under the influence 
of prescription and over-the-counter medications. 
‘‘(2) LOCATIONS.—The Secretary shall imple-
ment the pilot program in States that are, or a re-
gion that is, most affected by the opioid epidemic, as 
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174 
draulic countermeasures, includ-
ing spur dikes; and 
‘‘(pp) any other protective 
features, including natural infra-
structure, as determined by the 
Secretary. 
‘‘(iii) PRIORITY.—The Secretary shall 
prioritize a resilience improvement grant to 
an eligible entity if— 
‘‘(I) the Secretary determines— 
‘‘(aa) the benefits of the eli-
gible activity proposed to be car-
ried out by the eligible entity ex-
ceed the costs of the activity; and 
‘‘(bb) there is a need to ad-
dress the vulnerabilities of infra-
structure assets of the eligible 
entity with a high risk of, and 
impacts associated with, failure 
due to the impacts of weather 
events, 
natural 
disasters, 
or 
changing conditions, such as sea 
level rise and increased flood 
risk; or 
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