STARTER Act 2.0
Bill: H.R.3341 | Sponsor: Rep. Graves, Sam (R-MO)
Policy area: Transportation and Public Works

Summary:
Surface Transportation Advanced through Reform, Technology, and Efficient Review Act 2.0 or the STARTER Act 2.0
This bill addresses provisions related to federal-aid highway, transit, highway safety, motor carrier, innovation, and resiliency programs of the Department of Transportation (DOT). It also sets forth requirements for the operation of railroad freight cars in the United States.
For example, the bill extends FY2020 enacted levels through FY2026 for federal-aid highway, transit, and safety programs.
DOT must
The bill also establishes new competitive grant programs to spur innovation of connected vehicle applications into operational deployments and to test the safe integration of automated driving system technologies into the on-road transportation system.
Additionally, the bill addresses projects to improve the resiliency of federal-aid highways and bridges on and off the National Highway System.
Further, the bill prohibits the operation of railroad freight cars in the United States that have been manufactured or assembled by certain foreign countries or that contain sensitive technology from such countries.

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 Representatives 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, Technology, and Efficient 
Review Act 2.0'' or the ``STARTER Act 2.0''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1.  Short title; table of contents.
        DIVISION A--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

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. Tax-exempt financing for qualified highway or surface 
                            freight transfer facilities.
Sec. 1006. Effective date.
                   DIVISION B--SURFACE TRANSPORTATION

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 1101. Nationally significant freight and highway projects.
Sec. 1102. Better utilizing investments to leverage development (BUILD) 
                            transportation discretionary grants.
Sec. 1103. National highway freight program.
Sec. 1104. Truck parking safety improvement.
Sec. 1105. Temporary Federal share for Federal-aid highway projects.
Sec. 1106. Consolidated funding program.
Sec. 1107. Bridge rebuilding programs.
Sec. 1108. Increased flexibility for bridge bundling projects.
Sec. 1109. Off-system bridge set-aside.
Sec. 1110. Establishment of ROUTES and NETT entities.
              Subtitle B--Acceleration of Project Delivery

Sec. 1201. Environmental reviews for major projects.
Sec. 1202. Efficient environmental reviews for project decisionmaking.
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 reviews.
Sec. 1208. Major projects threshold.
Sec. 1209. Adding previously approved projects to the transportation 
                            improvement program.
                  TITLE II--INNOVATIVE PROJECT FINANCE

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 
                            1998 temporary loan relief due to the 
                            COVID-19 pandemic.
                    TITLE III--PUBLIC TRANSPORTATION

Sec. 3001. Short title.
Sec. 3002. Urbanized area formula grants.
Sec. 3003. Fixed guideway capital investment grants.
Sec. 3004. Enhanced mobility of seniors and individuals with 
                            disabilities.
Sec. 3005. Formula grants for rural areas.
Sec. 3006. Non-emergency medical transportation.
Sec. 3007. Technical assistance and workforce development.
Sec. 3008. General provisions.
Sec. 3009. Apportionments.
Sec. 3010. Grants for bus and bus facilities.
Sec. 3011. Elimination of apportionments based on high density State 
                            factors.
Sec. 3012. Innovative mobility and technology deployment grants.
Sec. 3013. Expedited project delivery for capital investment grants.
                    TITLE IV--HIGHWAY TRAFFIC SAFETY

Sec. 4001. Funding and grant requirements.
Sec. 4002. Highway safety research and development.
Sec. 4003. National priority safety programs.
Sec. 4004. National priority safety program grant eligibility.
                     TITLE V--MOTOR CARRIER SAFETY

Sec. 5001. Funding and grant requirements.
Sec. 5002. Compliance, safety, and accountability reform.
Sec. 5003. Entry-level driver training regulations.
Sec. 5004. Trucking industry workforce development.
Sec. 5005. Hours of service requirements for agricultural operations.
                          TITLE VI--INNOVATION

Sec. 6001. Advanced transportation technologies program.
Sec. 6002. Connected vehicle deployment pilot program.
Sec. 6003. Automated driving system demonstration program.
Sec. 6004. Accelerated implementation and deployment of advanced 
                            digital construction 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 program.
Sec. 6008. Implementation of per-mile road usage charge for Federal 
                            vehicles.
                         TITLE VII--RESILIENCY

Sec. 7001. Promoting Resilient Operations for Transformative, 
                            Efficient, and Cost-Saving Transportation 
                            (PROTECT) grant program.
Sec. 7002. National highway performance program.
Sec. 7003. Resilience in federal-aid highway programs.
Sec. 7004. Resiliency in transit.
Sec. 7005. Highway emergency relief and resiliency.
Sec. 7006. Highway resiliency incentives.
Sec. 7007. Guidance on inundated and submerged roads.
Sec. 7008. Guidance on evacuation routes.
Sec. 7009. Definitions.
Sec. 7010. University transportation centers.
Sec. 7011. Pre-disaster hazard mitigation pilot program.
                 TITLE VIII--FREIGHT RAIL MANUFACTURING

Sec. 8001. Short title.
Sec. 8002. Requirements for railroad freight cars entering service in 
                            the United States.
Sec. 8003. Regulations; penalties.
Sec. 8004. Country specified.
Sec. 8005. Definitions.

        DIVISION A--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

SEC. 1001. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.

    (a) In General.--Except as otherwise provided in this Act, the 
requirements, authorities, conditions, eligibilities, limitations, and 
other provisions authorized under the covered laws, which would 
otherwise expire on or cease to apply after September 30, 2021, are 
incorporated by reference and shall continue in effect through 
September 30, 2026.
    (b) Authorization of Appropriations.--
            (1) Highway trust fund.--
                    (A) Highway account.--There is authorized to be 
                appropriated from the Highway Account for each of 
                fiscal years 2022 through 2026, for each program with 
                respect to which amounts are authorized to be 
                appropriated from such account for fiscal year 2021, an 
                amount equal to 132 percent of the amount authorized 
                for appropriation with respect to the program from such 
                account under the covered laws for fiscal year 2021.
                    (B) Mass transit account.--There is authorized to 
                be appropriated from the Mass Transit Account for each 
                of fiscal years 2022 through 2026, for each program 
                with respect to which amounts are authorized to be 
                appropriated from such account for fiscal year 2021, an 
                amount equal to the amount authorized for appropriation 
                with respect to the program from such account under the 
                covered laws for fiscal year 2021.
            (2) General fund.--There is authorized to be appropriated 
        for each of fiscal years 2022 through 2026, for each program 
        with respect to which amounts are authorized to be appropriated 
        for fiscal year 2021 from an account other than the Highway 
        Account or the Mass Transit Account under the titles specified 
        in subsection (e)(1)(A), an amount equal to the amount 
        authorized for appropriation with respect to the program under 
        such titles for fiscal year 2021.
    (c) Use of Funds.--Subject to section 1004(b), amounts authorized 
to be appropriated for each of fiscal years 2022 through 2026 with 
respect to a program under subsection (b) shall be distributed, 
administered, limited, and made available for obligation in the same 
manner as amounts authorized to be appropriated with respect to the 
program for fiscal year 2021 under the covered laws.
    (d) Obligation Limitation.--Subject to section 1004(d), a program 
for which amounts are authorized to be appropriated under subsection 
(b)(1) shall be subject to a limitation on obligations for each of 
fiscal years 2022 through 2026 in the same amount and in the same 
manner as the limitation applicable with respect to the program for 
fiscal year 2021.
    (e) Definitions.--In this section, the following definitions 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 Surface 
                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.
    (f) Disadvantaged Business Enterprises.--
            (1) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Small business concern.--
                            (i) In general.--The term ``small business 
                        concern'' means a small business concern (as 
                        the term is used in section 3 of the Small 
                        Business Act (15 U.S.C. 632)).
                            (ii) Exclusions.--The term ``small business 
                        concern'' does not include any concern or group 
                        of concerns controlled by the same socially and 
                        economically disadvantaged individual or 
                        individuals that have average annual gross 
                        receipts during the preceding 5 fiscal years in 
                        excess of $26,290,000, as adjusted annually by 
                        the Secretary for inflation.
                    (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning given the 
                term in section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                issued pursuant to such Act, except that women shall be 
                presumed to be socially and economically disadvantaged 
                individuals for purposes of this subsection.
            (2) Amounts for small business concerns.--Except to the 
        extent that the Secretary determines otherwise, not less than 
        10 percent of the amounts made available for any program under 
        titles I, II, and III of this Act and section 403 of title 23, 
        United States Code, shall be expended through small business 
        concerns owned and controlled by socially and economically 
        disadvantaged individuals.
            (3) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                    (A) survey and compile a list of the small business 
                concerns referred to in paragraph (2) in the State, 
                including the location of the small business concerns 
                in the State, and publish such list on a public 
                website; and
                    (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                            (i) women;
                            (ii) socially and economically 
                        disadvantaged individuals (other than women); 
                        and
                            (iii) individuals who are women and are 
                        otherwise socially and economically 
                        disadvantaged individuals.
            (4) Uniform certification.--
                    (A) In general.--The Secretary shall establish 
                minimum uniform criteria for use by State governments 
                in certifying whether a concern qualifies as a small 
                business concern for the purpose of this subsection.
                    (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                            (i) on-site visits;
                            (ii) personal interviews with personnel;
                            (iii) issuance or inspection of licenses;
                            (iv) analyses of stock ownership;
                            (v) listings of equipment;
                            (vi) analyses of bonding capacity;
                            (vii) listings of work completed;
                            (viii) examination of the resumes of 
                        principal owners;
                            (ix) analyses of financial capacity; and
                            (x) analyses of the type of work preferred.
            (5) Reporting.--The Secretary shall establish minimum 
        requirements for use by State governments in reporting to the 
        Secretary--
                    (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                    (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
            (6) Compliance with court orders.--Nothing in this 
        subsection limits the eligibility of an individual or entity to 
        receive funds made available under titles I, II, and III of 
        this Act and section 403 of title 23, United States Code, if 
        the entity or person is prevented, in whole or in part, from 
        complying with paragraph (2) because a Federal court issues a 
        final order in which the court finds that a requirement or the 
        implementation of paragraph (2) is unconstitutional.

SEC. 1002. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.

     Section 9503 of the Internal Revenue Code of 1986 is amended--
     (a) by striking ``October 1, 2021'' in subsections (b)(6)(B), 
(c)(1), and (e)(3) and inserting ``October 1, 2026''; and
    (b) by striking ``Continuing Appropriations Act, 2021 and Other 
Extensions Act'' in subsections (c)(1) and (e)(3) and inserting 
``STARTER Act 2.0''.

SEC. 1003. EXTENSION OF HIGHWAY-RELATED TAXES.

    (a) In General.--
            (1) Each of the following provisions of the Internal 
        Revenue Code of 1986 is amended by striking ``September 30, 
        2022'' and inserting ``September 30, 2026'':
                    (A) Section 4041(a)(1)(C)(iii)(I).
                    (B) Section 4041(m)(1)(B).
                    (C) Section 4081(d)(1).
            (2) Each of the following provisions of such Code is 
        amended by striking ``October 1, 2022'' and inserting ``October 
        1, 2026'':
                    (A) Section 4041(m)(1)(A).
                    (B) Section 4051(c).
                    (C) Section 4071(d).
                    (D) Section 4081(d)(3).
    (b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each 
of the following provisions of the Internal Revenue Code of 1986 is 
amended by striking ``2023'' each place it appears and inserting 
``2026'':
            (1) Section 4481(f).
            (2) Subsections (c)(4) and (d) of section 4482.
    (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``October 1, 2022'' each place it appears 
        and inserting ``October 1, 2026'';
            (2) by striking ``March 31, 2023'' each place it appears 
        and inserting ``March 31, 2026''; and
            (3) by striking ``January 1, 2023'' and inserting ``January 
        1, 2026''.
    (d) Extension of Certain Exemptions.--
            (1) Section 4221(a) of the Internal Revenue Code of 1986 is 
        amended by striking ``October 1, 2022'' and inserting ``October 
        1, 2026''.
            (2) Section 4483(i) of such Code is amended by striking 
        ``October 1, 2023'' and inserting ``October 1, 2026''.
    (e) Extension of Transfers of Certain Taxes.--
            (1) In general.--Section 9503 of the Internal Revenue Code 
        of 1986 is amended--
                    (A) in subsection (b)--
                            (i) by striking ``October 1, 2022'' each 
                        place it appears in paragraphs (1) and (2) and 
                        inserting ``October 1, 2026'';
                            (ii) by striking ``October 1, 2022'' in the 
                        heading of paragraph (2) and inserting 
                        ``October 1, 2026'';
                            (iii) by striking ``September 30, 2022'' in 
                        paragraph (2) and inserting ``September 30, 
                        2026''; and
                            (iv) by striking ``July 1, 2023'' in 
                        paragraph (2) and inserting ``July 1, 2026''; 
                        and
                    (B) in subsection (c)(2), by striking ``July 1, 
                2023'' and inserting ``July 1, 2026''.
            (2) Motorboat and small-engine fuel tax transfers.--
                    (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of 
                section 9503(c) of such Code are each amended by 
                striking ``October 1, 2022'' and inserting ``October 1, 
                2026''.
                    (B) Conforming amendments to land and water 
                conservation fund.--Section 200310 of title 54, United 
                States Code, is amended--
                            (i) by striking ``October 1, 2023'' each 
                        place it appears and inserting ``October 1, 
                        2026''; and
                            (ii) by striking ``October 1, 2022'' and 
                        inserting ``October 1, 2026''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2021.

SEC. 1004. ADDITIONAL CONTRACT AUTHORITY.

    (a) In General.--Notwithstanding any other provision of law, for 
each of fiscal years 2022 through 2026, any excess amount authorized to 
be appropriated from the Highway Account or the Mass Transit Account 
shall be distributed as described in subsection (b).
    (b) Adjustment to Core Account Programs.--For each fiscal year in 
which an excess amount as described in subsection (a) is authorized to 
be appropriated from the Highway Account or the Mass Transit Account, 
the Secretary shall--
            (1) under section 1001 of this Act make available for core 
        account programs authorized from such account an amount equal 
        to the amount authorized for such programs for fiscal year 
        2021;
            (2) under this section, make available an additional amount 
        for such programs equal to the excess amount authorized to be 
        appropriated as described in subsection (a); and
            (3) distribute the additional amount under paragraph (2) to 
        each of such core account programs in accordance with 
        subsection (c).
    (c) Distribution of Adjustment Among Core Account Programs.--
            (1) In general.--In making an adjustment for core account 
        programs authorized from the Highway Account or the Mass 
        Transit Account for a fiscal year under subsection (b), the 
        Secretary shall--
                    (A) determine the ratio that--
                            (i) the amount authorized to be 
                        appropriated for a core account program from 
                        the account for fiscal year 2021; bears to
                            (ii) the total amount authorized to be 
                        appropriated for such fiscal year for all core 
                        account programs under such account;
                    (B) multiply the ratio determined under 
                subparagraph (A) by the amount of the adjustment under 
                subsection (b)(2); and
                    (C) adjust the amount that the Secretary would 
                otherwise have allocated for the core account program 
                for the fiscal year by the amount calculated under 
                subparagraph (B).
            (2) Formula programs.--
                    (A) In general.--Subject to subparagraph (B), for a 
                program for which funds are distributed by formula, the 
                Secretary shall add the adjustment to the amount 
                authorized for the program but for this section and 
                make available the adjusted program amount for such 
                program in accordance with such formula.
                    (B) Exception.--In making the adjustment 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 adjustment under 
                subsection (c)(1) for an allocation, reservation, or 
                set-aside from an amount authorized 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, 
                                reservation, or set-aside from the 
                                account for fiscal year 2021; bears to
                                    (II) the total amount authorized to 
                                be appropriated for such fiscal year 
                                for all core account programs under 
                                such account;
                            (ii) multiply the ratio determined under 
                        clause (i) by the amount of the adjustment 
                        determined under subsection (b)(2); and
                            (iii) adjust the amount that the Secretary 
                        would have allocated for the allocation, 
                        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 
                        Performance Program under section 104(h)(1); 
                        and
                            (iv) supplemental funds reserved for a 
                        fiscal year for the surface transportation 
                        block grant program under section 104(h)(2).
    (d) Revision to Obligation Limitations.--If the Secretary makes an 
adjustment under subsection (b) for a fiscal year to an amount subject 
to a limitation on obligations 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 adjustment; and
            (2) the Secretary shall distribute such limitation on 
        obligations, as revised under paragraph (1), in accordance with 
        such provisions.
    (e) Definitions.--In this section, the following definitions 
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 section 9503(e)(1) of the Internal 
        Revenue Code of 1986.
            (3) Core account programs.--The term ``core account 
        programs'' means--
                    (A) the National Highway Performance Program under 
                section 119 of title 23, United States Code;
                    (B) the Surface Transportation Block Grant Program 
                under section 133 of title 23, United States Code;
                    (C) the Highway Safety Improvement Program under 
                section 148 of title 23, United States Code;
                    (D) the National Highway Freight Program 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 appropriated for a 
                fiscal year from the Highway Account or the Mass 
                Transit Account; minus
                    (B) the amount authorized to be appropriated for 
                fiscal year 2021 from such account.

SEC. 1005. TAX-EXEMPT FINANCING FOR QUALIFIED HIGHWAY OR SURFACE 
              FREIGHT TRANSFER FACILITIES.

    Section 142(m)(2)(A) of the Internal Revenue Code of 1986 is 
amended by striking ``$15,000,000,000'' and inserting 
``$45,000,000,000''.

SEC. 1006. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
October 1, 2021.

                   DIVISION B--SURFACE TRANSPORTATION

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

SEC. 1101. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.

    There are authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) for the nationally 
significant freight and highway projects program under section 117 of 
title 23, United States Code, such sums as may be necessary for each of 
fiscal years 2022 through 2026.

SEC. 1102. BETTER UTILIZING INVESTMENTS TO LEVERAGE DEVELOPMENT (BUILD) 
              TRANSPORTATION DISCRETIONARY GRANTS.

    (a) In General.--Chapter 55 of title 49, United States Code, is 
amended by inserting after section 5502 the following:
``Sec. 5503. BUILD grant program
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a discretionary grant program, to be known as the `Better 
Utilizing Investment to Leverage Development Transportation Grant 
Program' or the BUILD grant program, to be administered by the 
Secretary.
    ``(b) Purpose.--Under the BUILD grant program, the Secretary may 
award grants, on a competitive basis, for eligible projects that will 
have a projects that encourage economic viability of the Nation, a 
metropolitan area, or a region.
    ``(c) Eligible Applicants.--Applicants eligible for funding under 
this section are--
            ``(1) States;
            ``(2) local governments;
            ``(3) Tribal governments;
            ``(4) transit agencies;
            ``(5) port authorities;
            ``(6) metropolitan planning organizations;
            ``(7) political subdivisions of State or local governments;
            ``(8) Federal land management agencies; and
            ``(9) multi-State or multi-jurisdictional groups applying 
        through a single lead applicant.
    ``(d) Eligible Projects.--Projects eligible for a grant under this 
section are the following:
            ``(1) Highway or bridge projects eligible under title 23 
        (including bicycle and pedestrian related projects).
            ``(2) Public transportation projects eligible under chapter 
        53.
            ``(3) Passenger and freight rail transportation projects.
            ``(4) Port infrastructure investments.
            ``(5) Intermodal projects.
            ``(6) Projects investing in surface transportation 
        facilities that are located on tribal land and for which title 
        or maintenance responsibility is vested in the Federal 
        Government.
            ``(7) Activities related to--
                    ``(A) the planning, preparation, or design of a 
                single surface transportation project; or
                    ``(B) regional transportation investment planning, 
                including transportation planning that is coordinated 
                with interdisciplinary factors including housing 
                development, economic competitiveness, network 
                connectivity, stormwater and other infrastructure 
                investments, or that addresses future risks and 
                vulnerabilities, including extreme weather and climate 
                change.
    ``(e) Geographic Distribution.--
            ``(1) Equitable distribution.--In awarding grants under 
        this section, the Secretary shall take measures to ensure an 
        equitable geographic distribution of funds and a balance in 
        addressing the needs of urban and rural communities and the 
        investment in a variety of transportation modes.
            ``(2) Rural and urban projects.--Of the funds awarded under 
        this heading, not less than 40 percent shall be awarded as 
        urban awards and rural awards, respectively.
            ``(3) Limitation by state.--Not more than 25 percent of the 
        funds made available to carry out this section may be awarded 
        to projects in a single State.
    ``(f) Grant Program Solicitation and Award.--In administering the 
BUILD grant program, the Secretary shall--
            ``(1) solicit from eligible entities grant applications for 
        eligible projects in accordance with this section not later 
        than 60 days after funds are made available to carry out this 
        section; and
            ``(2) announce grants for eligible projects in accordance 
        with this section not later than 1 year from the date on which 
        such applications are due.
    ``(g) Planning Grants.--The Secretary may use up to 10 percent of 
the funds made available to carry out this section to fund the 
activities specified in subsection (d)(7). Selection criteria for such 
activities may include a preference for projects located in a qualified 
opportunity zone, as such term is defined in section 1400Z-1 of the 
Internal Revenue Code of 1986.
    ``(h) Application Evaluation and Scoring Process.--The Secretary 
shall describe in each Notice of Funding Opportunity for awards under 
this section a quantitative, merit-based process for evaluating 
eligible applications. The process shall include detailed information 
on how selection criteria will be evaluated.
    ``(i) Federal Share.--
            ``(1) In general.--The Federal share of the costs for a 
        project for which funds are awarded under this section shall 
        not exceed 80 percent.
            ``(2) Exception for rural areas.--The Secretary may provide 
        a Federal share of up to 100 percent for a project in a rural 
        area.
            ``(3) Priority.--In establishing grant program criteria 
        pursuant to subsection (h), the Secretary shall include 
        priority for projects that require a smaller Federal share.
    ``(j) Davis-Bacon Requirement.--Projects conducted using funds 
provided under this section shall comply with the requirements of 
subchapter IV of chapter 31 of title 40 (commonly known as the Davis-
Bacon Act).
    ``(k) Administrative Expenses.--
            ``(1) In general.--The Secretary may use up to 2.5 percent 
        of the funds made available each year to carry out this section 
        to administer grants under this program.
            ``(2) Availability.--The funds made available under 
        paragraph (1) shall remain available until expended.
    ``(l) TIFIA and RRIF Subsidy and Administrative Costs.--The 
Secretary may use up to 10 percent of the funds made available to carry 
out this section to pay the subsidy and administrative costs of 
projects eligible for Federal credit assistance under chapter 6 of 
title 23, United States Code, or title V of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) if the 
Secretary finds that the use of the funds would advance the purposes of 
this section.
    ``(m) Transfer Authority.--Funds authorized under this section may 
be transferred within the Department of Transportation and, except as 
otherwise provided in this section, administered in accordance with the 
requirements of title 23 or 49 of the United States Code applicable to 
the agency to which the funds are transferred and any other 
requirements applicable to the project.
    ``(n) Authorizations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Secretary to carry out this section $1,000,000,000 for 
        each of fiscal years 2022 through 2026.
            ``(2) Availability.--Funds authorized under this 
        subsection--
                    ``(A) shall be available for obligation on October 
                1 of the fiscal year for which they are authorized; and
                    ``(B) except as specified in subsection (I), shall 
                remain available for obligation for a period of 2 years 
                after the year for which such funds are authorized.
    ``(o) Performance Management.--The Secretary may collect 
performance data on projects assisted with awards under this section, 
under terms and conditions prescribed by the Secretary.
    ``(p) Definitions.--In this section:
            ``(1) Rural.--The term `rural' means any area that is not 
        an urbanized area.
            ``(2) State.--The term `State' means any of the 50 States, 
        the District of Columbia, and Puerto Rico.
            ``(3) Urban.--The term `urban' means an urbanized area, as 
        designated by the Bureau of the Census, that has a population 
        greater than 200,000 according to the most recent decennial 
        Census.''.
    (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by inserting after section 5502 the 
following:

``5503. BUILD grant program''.

SEC. 1103. NATIONAL HIGHWAY FREIGHT PROGRAM.

    There are authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) for the national highway 
freight program under section 167 of title 23, United States Code, such 
sums as may be necessary for each of fiscal years 2022 through 2026.

SEC. 1104. TRUCK PARKING SAFETY IMPROVEMENT.

    (a) Parking for Commercial Vehicles.--Chapter 1 of title 23, United 
States Code, is amended by adding at the end the following:
``Sec. 171. Truck parking safety improvement
    ``(a) Grant Authority.--The Secretary shall provide 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 Secretary an application at 
such time and in such manner as the Secretary may require.
    ``(c) Application Contents.--An application under subsection (b) 
shall contain--
            ``(1) a description of the proposed project; and
            ``(2) any other information that the Secretary may require.
    ``(d) Eligible Entities.--The following entities shall be eligible 
to receive amounts under this section:
            ``(1) A State.
            ``(2) A public agency carrying out responsibilities 
        relating to commercial motor vehicle parking.
            ``(3) A metropolitan planning organization.
            ``(4) A unit of local government.
    ``(e) Eligible Projects.--
            ``(1) In general.--An entity may use funds provided under 
        this section only for projects described 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 referred 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 
                        adjacent to, a publicly-owned freight facility, 
                        including a port terminal operated by a public 
                        authority; and
                            ``(iii) at existing facilities, including 
                        inspection and weigh stations and park-and-ride 
                        locations; and
                    ``(C) convert existing weigh stations and rest 
                areas to facilities for the exclusive use of commercial 
                motor vehicle parking.
    ``(f) Eligible Activities.--
            ``(1) In general.--Entities may use allocations under this 
        subsection for the following activities of an eligible project:
                    ``(A) Development phase activities, including 
                planning, feasability analysis, benefit-cost analysis, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities.
                    ``(B) Construction, reconstruction, rehabilitation, 
                acquisition of real property, environmental mitigation, 
                construction contingencies, acquisition of equipment, 
                and operational improvements directly related to 
                expanding commercial 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 subsection, the 
Secretary shall give priority to entities that--
            ``(1) demonstrate a safety need for commercial motor 
        vehicle parking capacity in the corridor in which the project 
        described under subsection (e)(1) is proposed to be carried 
        out;
            ``(2) have consulted with affected State and local 
        governments, trucking organizations, and private 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 congestion, 
                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 construction.
    ``(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 section 126, funds made 
available under this subsection shall remain available until expended 
and shall not be transferable.
    ``(j) Prohibition on Charging Fees.--To be eligible 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 section, the Secretary shall notify, 
in writing, the Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Environment and Public Works 
of the Senate, and the Committee on Commerce, Science, and 
Transportation of the Senate of the--
            ``(1) the amount of each proposed grant to be made under 
        this subsection;
            ``(2) evaluation and justification for the project 
        selection.
    ``(l) Survey and Comparative Assessment.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this subsection, and every 2 years thereafter, 
        the Secretary, in consultation with appropriate State motor 
        carrier safety personnel and State departments of 
        transportation, shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives, the 
        Committee on Environment and Public Works of the Senate, and 
        the Committee on Commerce, Science, and Transportation of the 
        Senate a report that--
                    ``(A) evaluates the capability of the States to 
                provide adequate parking and rest facilities for 
                commercial motor vehicles engaged in interstate 
                transportation;
                    ``(B) evaluates the effectiveness of the projects 
                funded under this subsection in improving access to 
                truck parking;
                    ``(C) evaluates the ability of entities receiving 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.
    ``(o) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding after the item relating to 
section 171 the following:

``171. Truck parking safety improvement.''.

SEC. 1105. TEMPORARY FEDERAL SHARE FOR FEDERAL-AID HIGHWAY PROJECTS.

    Notwithstanding any other provision of law, the Federal share of 
the cost of a project under title 23, United States Code, for which 
amounts are made available during fiscal year 2022 and 2023 may be up 
to 100 percent, at the discretion of the Secretary of Transportation.

SEC. 1106. CONSOLIDATED FUNDING PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
further amended by adding at the end the following:
``Sec. 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.
    ``(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 described in section 119(f)(2);
            ``(3) uses a performance-based approach to transportation 
        planning and programming for statewide 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 paragraph (2).
            ``(2) Contents.--An application submitted under this 
        paragraph shall include a plan on how the State and each 
        affected metropolitan planning organization shall continue to 
        meet, or make significant 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 program under 
                section 148;
                    ``(D) the congestion mitigation and air quality 
                improvement program under section 149; and
                    ``(E) for metropolitan planning under section 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 fiscal year for projects 
        described in paragraph (1)--
                    ``(A) 25 percent of funds shall be obligated, 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 obligated 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 apportion block grants 
        to the awarded States.
            ``(4) Sunset.--The authority to provide grants under this 
        section shall cease on the last day of fiscal year 2026.
    ``(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 meeting, 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 performance targets set in the 
        report required under paragraph (1), the Secretary may not 
        provide funds to such State under the program in the following 
        fiscal year or 6 months after determination that the State 
        failed to meet, or make significant progress toward target 
        achievement, whichever is later.
            ``(4) Transmission to congress.--Not later than 30 days 
        after which the Secretary receives a report from a State under 
        paragraph (1), the Secretary 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 meaning given the term in section 
104(i).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is further amended by adding at the end the 
following:

``172. Consolidated funding program.''.

SEC. 1107. BRIDGE REBUILDING PROGRAMS.

    (a) Large Bridges Investment Program.--
            (1) Establishment.--The Secretary of Transportation shall 
        establish a competitive grant program (referred to in this 
        subsection as the ``Program'') to award grants to eligible 
        entities for highway bridge replacement and rehabilitation 
        projects.
            (2) Eligible entities.--
                    (A) In general.--The Secretary may make a grant 
                under the Program to--
                            (i) a State or a group of States; or
                            (ii) a Federal land management agency.
                    (B) Applications.--To be eligible for a grant under 
                the Program, an entity specified in subparagraph (A) 
                shall submit to the Secretary an application in such 
                form, at such time, and containing such information as 
                the Secretary determines is appropriate.
            (3) Eligible projects.--The Secretary may award a grant 
        under the Program only for a highway bridge replacement or 
        rehabilitation project that is--
                    (A) for a large bridge that does not cross an 
                international border; and
                    (B) carried out on--
                            (i) the National Highway System; or
                            (ii) the National Highway Freight Network 
                        established under section 167 of title 23, 
                        United States Code.
            (4) Eligible project costs.--A grant received for a project 
        under this subsection may be used for--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities; and
                    (B) replacement, rehabilitation, acquisition of 
                real property (including land related to the project 
                and improvements to the land), environmental 
                mitigation, construction contingencies, and operational 
                improvements directly related to implementing 
                electronic tolling.
            (5) Selection criteria.--In selecting eligible projects to 
        receive grants under the Program, the Secretary shall consider 
        the extent to which a project, relative to other projects 
        submitted in response to a Notice of Funding Opportunity--
                    (A) serves a significant number of users;
                    (B) utilizes non-Federal contributions;
                    (C) utilizes nontraditional financing, innovative 
                design and construction techniques, or innovative 
                technologies;
                    (D) spans at least 1 border between 2 States;
                    (E) rehabilitates or replaces a large bridge that--
                            (i) is classified as in poor condition;
                            (ii) is load posted; or
                            (iii) does not meet current geometric 
                        design standards;
                    (F) will improve resiliency; and
                    (G) facilitates transfer of bridge ownership from 
                the Federal government to a non-Federal entity.
            (6) Electronic tolling.--Any toll facility located on a 
        bridge receiving a grant under this subsection shall, upon 
        completion of the project funded with such grant--
                    (A) utilize only electronic toll collection; and
                    (B) implement technologies or business practices 
                that provide for the regional interoperability of 
                electronic toll collection programs, to the extent 
                practicable.
            (7) Federal share.--
                    (A) In general.--A grant under the Program shall 
                not exceed 50 percent of the cost of a project. Subject 
                to the limitation in subparagraph (B), Federal 
                assistance other than a grant under the Program may be 
                used for the remainder of the cost of the project.
                    (B) Maximum federal involvement.--The total Federal 
                assistance provided for a project receiving a grant 
                under the Program shall not exceed 80 percent of the 
                cost of a project.
                    (C) Federal land management agencies.--
                Notwithstanding any other provision of law, any Federal 
                funds other than those made available under title 23 or 
                title 49, United States Code, may be used to pay the 
                non-Federal share of the cost of a project carried out 
                by a Federal land management agency with a grant under 
                the Program.
            (8) Appropriations.--
                    (A) In general.--Out of any funds in the Treasury 
                not otherwise appropriated, the Secretary of the 
                Treasury shall transfer to the Secretary to carry out 
                this subsection $4,600,000,000 for each of fiscal years 
                2022 through 2026. Such funds shall remain available 
                for a period of 3 fiscal years following the fiscal 
                year for which the amounts are transferred by the 
                Secretary of the Treasury.
                    (B) Receipt and acceptance.--The Secretary shall be 
                entitled to receive, shall accept, and shall use to 
                carry out this subsection the funds transferred under 
                subparagraph (A), without further appropriation.
            (9) Administrative expenses.--The Secretary may use not 
        more than 2 percent of the amounts made available for the 
        Program for each fiscal year to pay the administrative expenses 
        of the Program.
            (10) Applicability of title 23, united states code.--Funds 
        made available under paragraph (8) shall be administered as if 
        apportioned under chapter I of title 23, United States Code.
            (11) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Large bridge.--The term ``large bridge'' means 
                a bridge--
                            (i) with total deck area of 400,000 square 
                        feet or more; or
                            (ii) with a main span of 500 feet or more.
                    (B) State.--The term ``State'' means any of the 50 
                States, the District of Columbia, or Puerto Rico.
    (b) Community Rural Bridge Program.--
            (1) Establishment.--The Secretary of Transportation shall 
        establish a community rural bridge program (referred to in this 
        subsection as the ``Program'') to provide funding to States for 
        off-system bridge replacement and rehabilitation.
            (2) Purposes.--The purposes of the Program are to provide 
        immediate funding to help--
                    (A) replace and rehabilitate off-system bridges, 
                many of which provide vital connections to rural 
                communities;
                    (B) reduce risk, by bringing these bridges into a 
                state of good repair; and
                    (C) facilitate the transfer of bridge ownership 
                from the Federal government to non-Federal entities.
            (3) Distribution of funds.--
                    (A) In general.--The Secretary of Transportation 
                shall distribute funds made available to carry out the 
                Program for each fiscal year as follows:
                            (i) One-half of the funds made available 
                        for each fiscal year shall be distributed to 
                        each State by the proportion that the total 
                        deck area of off-system bridges in each State 
                        bears to the total deck area of off-system 
                        bridges in all States.
                            (ii) One-half of the funds made available 
                        for each fiscal year shall be distributed to 
                        each State by the proportion that the total 
                        deck area of off-system bridges classified as 
                        in poor condition in each State bears to the 
                        total deck area of off-system bridges 
                        classified as in poor condition in all States.
                    (B) Deck area calculation.--In distributing funds 
                under this paragraph, the Secretary shall calculate the 
                total deck area of off-system bridges and total area of 
                off-system bridges classified as in poor condition 
                based on the National Bridge Inventory as of the end of 
                the preceding calendar year.
            (4) Eligible projects.--Funds apportioned under paragraph 
        (3) shall only be used by a State for projects that--
                    (A) replace or rehabilitate off-system bridges; and
                    (B) are bundled as one project with at least 1 
                other similar bridge project.
            (5) Eligible project costs.--Funds apportioned under this 
        subsection may be used for--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities; and
                    (B) replacement, rehabilitation, acquisition of 
                real property (including land related to the project 
                and improvements to the land), environmental 
                mitigation, and construction contingencies.
            (6) Appropriations.--
                    (A) In general.--Out of any funds in the Treasury 
                not otherwise appropriated, the Secretary of the 
                Treasury shall transfer to the Secretary to carry out 
                this subsection $6,000,000,000 for each of fiscal years 
                2022 and 2023. Such funds shall remain available for a 
                period of 3 fiscal years following the fiscal year for 
                which the amounts are transferred by the Secretary of 
                the Treasury.
                    (B) Receipt and acceptance.--The Secretary shall be 
                entitled to receive, shall accept, and shall use to 
                carry out this subsection the funds transferred under 
                subparagraph (A), without further appropriation.
            (7) Applicability of title 23, united states code.--Funds 
        made available under paragraph (6) shall be administered as if 
        apportioned under chapter 1 of title 23, United States Code.
            (8) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Off-system bridge.--The term ``off-system 
                bridge'' means a highway bridge located on a public 
                road, other than a bridge on a Federal-aid highway.
                    (B) State.--The term ``State'' means any of the 50 
                States, the District of Columbia, or Puerto Rico.

SEC. 1108. INCREASED FLEXIBILITY FOR BRIDGE BUNDLING PROJECTS.

    Section 144(j) of title 23, United States Code is amended--
            (1) by striking paragraph (5); and
            (2) by redesignating paragraph (6) as paragraph (5).

SEC. 1109. OFF-SYSTEM BRIDGE SET-ASIDE.

    Section 133(f) of title 23, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Off-system bridge.--The term `off-system 
                bridge' means a highway bridge located on a public 
                road, other than a bridge on a Federal-aid highway.
                    ``(B) Off-system low water crossing.--The term 
                `offsystem low water crossing' means a low water 
                crossing (as defined by the Secretary) located on a 
                public road, other than a low water crossing on a 
                Federal-aid highway.'';
            (2) in paragraph (2), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) Set-aside.--
                            ``(i) In general.--Of the amounts 
                        apportioned to a State for fiscal year 2013 and 
                        each fiscal year thereafter under this section, 
                        the State shall obligate for activities 
                        described in clause (ii) an amount that is not 
                        less than 15 percent of the amount of funds 
                        apportioned to the State for the highway bridge 
                        program for fiscal year 2009, except that 
                        amounts allocated under subsection (d) shall 
                        not be obligated to carry out this subsection.
                            ``(ii) Activities described.--The 
                        activities referred to in clause (i) are--
                                    ``(I) replacement, rehabilitation, 
                                preservation, protection, or inspection 
                                and evaluation of off-system bridges; 
                                and
                                    ``(II) replacement of an off-system 
                                low water crossing with a bridge.''; 
                                and
            (3) in paragraph (3), in the matter preceding subparagraph 
        (A)--
                    (A) by striking ``replacement of a bridge or 
                rehabilitation of a bridge'' and inserting 
                ``replacement of a bridge, rehabilitation of a bridge, 
                or replacement of a low water crossing with a 
                bridge,'';
                    (B) by inserting ``and'' after ``is 
                noncontroversial,''; and
                    (C) by striking`` and is determined by the 
                Secretary upon completion to be no longer a deficient 
                bridge''.

SEC. 1110. ESTABLISHMENT OF ROUTES AND NETT ENTITIES.

    Section 102 of title 49, United States Code, is amended--
            (1) by redesignating subsection (h) as subsection (j); and
            (2) by inserting after subsection (g) the following:
    ``(h) Rural Opportunities to Use Transportation For Economic 
Success Council.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Council.--The term `Council' means the Rural 
                Opportunities to Use Transportation for Economic 
                Success Council.
                    ``(B) Office.--The term `Office' means the Office 
                of Rural Economic Investment.
            ``(2) Establishment.--There is established in the 
        Department of Transportation an internal council to be known as 
        the Rural Opportunities to Use Transportation for Economic 
        Success Council or the ROUTES Council.
            ``(3) Duties.--The Council shall carry out the following 
        duties:
                    ``(A) Coordinate rural-related funding programs and 
                assistance among the modal administrations of the 
                Department.
                    ``(B) Educate rural communities about applicable 
                Department discretionary grants, develop effective 
                methods to evaluate rural projects in discretionary 
                grant programs, and communicate such methods through 
                program guidance.
                    ``(C) Collect input from knowledgeable entities and 
                the public on the benefits of rural transportation 
                projects, the technical and financial assistance 
                required for constructing and operating rural 
                transportation infrastructure and services, and 
                barriers and opportunities to funding these rural 
                projects.
                    ``(D) Evaluate data on rural transportation 
                challenges and determine methods to align the 
                Department's discretionary funding and financing 
                opportunities with the needs of rural communities for 
                meeting national transportation goals.
            ``(4) Membership.--The Council shall consist of the 
        following members of the Department or their designees:
                    ``(A) The Under Secretary of Transportation for 
                Policy, who shall serve as the Chair of the Council.
                    ``(B) The General Counsel.
                    ``(C) The Chief Financial Officer and Assistant 
                Secretary for Budget and Programs.
                    ``(D) The Assistant Secretary for Research and 
                Technology.
                    ``(E) The Administrators of the--
                            ``(i) Federal Aviation Administration;
                            ``(ii) Federal Highway Administration;
                            ``(iii) Federal Railroad Administration;
                            ``(iv) Federal Transit Administration; and
                            ``(v) Maritime Administration.
                    ``(F) Other members the Secretary may designate.
            ``(5) Council meetings.--The Council shall meet at least 
        bimonthly.
            ``(6) Report to congress.--The Council shall submit 
        annually a report on the safety, condition, and usage of rural 
        transportation infrastructure in the United States to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives, the Committee on Environment and Public Works 
        of the Senate, and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            ``(7) Office of rural economic investment.--
                    ``(A) In general.--There is established in the 
                Department an Office of Rural Economic Investment, 
                which shall report to the Under Secretary of 
                Transportation for Policy. The Secretary shall appoint 
                a Director of the Office of Rural Economic Investment.
                    ``(B) Mission and goals.--The mission and goals of 
                the Office shall be to coordinate with other offices 
                and agencies within the Department and with other 
                Federal agencies--
                            ``(i) to ensure that the unique needs and 
                        attributes of rural transportation, involving 
                        all modes, are fully addressed during the 
                        development and implementation of 
                        transportation policies, programs, and 
                        activities within the Department;
                            ``(ii) to improve coordination of Federal 
                        transportation policies, programs, and 
                        activities within the Department in a manner 
                        that expands economic development in rural 
                        communities and regions, and to provide 
                        recommendations for improvement;
                            ``(iii) to improve Federal transportation 
                        infrastructure investment in rural communities, 
                        including by providing recommendations for 
                        changes in formula funds or other existing 
                        funding distribution patterns;
                            ``(iv) to use innovation and research to 
                        resolve local and regional transportation 
                        challenges faced by rural communities;
                            ``(v) to promote and improve planning and 
                        coordination among rural areas to maximize the 
                        unique competitive advantage in those areas 
                        while avoiding duplicative Federal, State, and 
                        local investments; and
                            ``(vi) to ensure that all rural communities 
                        lacking resources receive proactive outreach, 
                        education, and technical assistance to improve 
                        access to Federal transportation programs.
                    ``(C) Duties of the office.--The Director of the 
                Office shall--
                            ``(i) support the Council and the 
                        activities of the Council;
                            ``(ii) provide information and outreach to 
                        rural communities concerning the availability 
                        and eligibility requirements of participating 
                        in programs of the Department;
                            ``(iii) help rural communities identify 
                        transportation investments needed to ensure 
                        continued economic growth;
                            ``(iv) serve as a resource for assisting 
                        rural communities with respect to Federal 
                        transportation programs;
                            ``(v) ensure and coordinate a routine rural 
                        consultation on the development of policies, 
                        programs, and activities of the Department;
                            ``(vi) serve as an advocate within the 
                        Department on behalf of rural communities; and
                            ``(vii) work in consultation with the 
                        Secretary of Agriculture, the Secretary of 
                        Health and Human Services, the Secretary of 
                        Commerce, the Federal Communications 
                        Commission, and other Federal agencies, as the 
                        Secretary determines to be appropriate, in 
                        carrying out the responsibilities of the 
                        Office.
                    ``(D) Applicability.--In carrying out the mission 
                and goals of the Office under subparagraph (B) and the 
                duties of the Office under subparagraph (A), the 
                Director shall consider as `rural' any area considered 
                to be a rural area under any Federal transportation 
                program of the Department.
    ``(i) Nontraditional and Emerging Transportation Technology 
Council.--
            ``(1) Establishment.--There is established in the 
        Department of Transportation an internal council to be known as 
        the Nontraditional and Emerging Transportation Technology 
        Council or the NETT Council.
            ``(2) Mission.--The mission of the Council shall be to 
        identify and resolve jurisdictional and regulatory gaps that 
        impede innovation in, and implementation of, nontraditional and 
        emerging transportation technologies, approaches, and projects 
        that seek to improve safety, alleviate congestion, expand 
        access and mobility for rural and urban consumers of all 
        economic backgrounds, and enable a more efficient flow of 
        commercial goods.
            ``(3) Duties.--The NETT Council shall identify and resolve 
        jurisdictional and regulatory gaps associated with 
        nontraditional and emerging transportation projects pending 
        before the Department, including with respect to--
                    ``(A) safety oversight;
                    ``(B) environmental review; and
                    ``(C) funding and financing issues.
            ``(4) Membership.--The membership of the NETT Council shall 
        include--
                    ``(A) the Under Secretary of Transportation for 
                Policy, who shall serve as the Chair of the Council;
                    ``(B) Administrators or designees of the operating 
                Administrations of the Department; and
                    ``(C) other members the Secretary may designate, to 
                include heads of offices within the Office of the 
                Secretary of Transportation.
            ``(5) Council meetings.--The Council shall hold meetings as 
        needed at the Secretary's discretion.''.

              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 ``process 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 `authorization' means an 
        environmental license, permit, approval, finding, or other 
        administrative decision related to an environmental review 
        process that is required under Federal law to site, construct, 
        or reconstruct a project.
            ``(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 
                redesignated, 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 determined 
                that--
                            ``(i) an environmental impact statement is 
                        required; or
                            ``(ii) an environmental assessment is 
                        required, and the project sponsor requests that 
                        the project be treated as a major project.''.
            (2) in subsection (b)(1)--
                    (A) by inserting ``, including major projects,'' 
                after ``all projects''; and
                    (B) by inserting ``, at the request of a project 
                sponsor'' after ``be applied'';
            (3) in subsection (c)--
                    (A) in paragraph (6)--
                            (i) in subparagraph (B) by striking ``and'' 
                        at the end;
                            (ii) in subparagraph (C) by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(D) to calculate annually the average time taken 
                by the lead agency to complete all environmental 
                documents for each project during the previous fiscal 
                year.''; and
                    (B) by adding at the end the following:
            ``(7) Process improvements for projects.--
                    ``(A) In general.--The Secretary shall review 
                existing practices, procedures, programmatic 
                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 Secretary 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 STARTER Act 2.0, 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)--
                    (A) in paragraph (8)--
                            (i) in the heading, by striking ``NEPA'' 
                        and inserting ``Environmental'';
                            (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 prepared 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 following:
                    ``(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 
                        documents;
                            ``(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 already been 
                        satisfied with respect to such project; or
                            ``(iii) the lead agency determines that 
                        such application would not facilitate 
                        completion of the environmental review process 
                        for such project within the timeline 
                        established 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 necessary 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 
                decision 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 of the participating 
                agencies in the environmental review process.
                    ``(C) Extension of deadline.--Not later than 180 
                days after the date of enactment of the STARTER Act 
                2.0, the Secretary shall establish procedures for a 
                lead agency to extend a deadline under subparagraph (A) 
                in cases in which--
                            ``(i) Federal law prohibits the lead agency 
                        or another agency from issuing an approval or 
                        permit within the period described 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 environmental 
                                review and make decisions 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 following:
                            ``(iii) Major project schedule.--To the 
                        maximum extent practicable and consistent with 
                        applicable Federal law, in the case of a major 
                        project, the lead agency 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 
                                publication of a notice of intent to 
                                prepare an environmental impact 
                                statement and ends on the date of 
                                publication of a record of decision; or
                                    ``(II) in the case of a project 
                                which does not require an environmental 
                                impact statement, begins on the date of 
                                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 deadline, such 
                        agency shall submit to the Secretary 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 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 website of such 
                                agency.''; 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 STARTER Act 2.0, the Secretary shall 
        establish a performance accountability system to track each 
        major project.
            ``(2) Requirements.--The performance accountability system 
        required under paragraph (1) shall, for each major project, 
        track--
                    ``(A) the environmental review process for such 
                project, including the project schedule required by 
                subsection (g)(1)(B)(iii);
                    ``(B) whether the lead agency, cooperating 
                agencies, and participating agencies are meeting such 
                schedule; and
                    ``(C) the time taken to complete the environmental 
                review process.
    ``(q) Development of Categorical Exclusions.--
            ``(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 described 
                in paragraph (2), identify the categorical exclusions 
                established by the Federal Highway Administration that 
                would accelerate delivery 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 exclusions identified 
                under subparagraph (A) and the documentation and 
                substantiating information 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;
                            ``(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 Secretary.
            ``(3) Adoption of categorical exclusions.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which the Secretary provides the list under 
                paragraph (1)(C), an agency described in paragraph (2) 
                shall publish a notice of proposed rulemaking to 
                propose any categorical exclusions from the list 
                applicable to the agency, subject to the condition that 
                the categorical exclusion identified under paragraph 
                (1)(A) meets the criteria for a categorical exclusion 
                under section 102 of the National Environmental 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 exclusions meet the criteria 
                for a categorical exclusion under section 1508.4 of 
                title 40, Code of Federal Regulations (or successor 
                regulations).''.

SEC. 1202. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.

    (a) Amendments.--Title I of the National Environmental 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 impacts and on relevant information, studies, 
        or analyses with respect to the proposed Federal action.
            ``(2) Sponsor preparation.--A lead agency may allow a 
        project sponsor to prepare an environmental impact statement, 
        if such agency provides such sponsor with appropriate guidance 
        and assists in the preparation. The lead agency shall 
        independently evaluate the environmental impact statement 
        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 
        complete 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 summarizes the underlying purpose and need for the 
        proposed 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, including the costs of agency full-time equivalent 
        personnel hours, contractor costs, and other direct costs.
            ``(6) Word limit.--A statement of environmental impact may 
        not exceed 75,000 words unless--
                    ``(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 environmental 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 adopting it, and 
        shall take responsibility for the contents upon adoption.
            ``(2) Word limit.--An environmental assessment may not 
        exceed 37,500 words, excluding appendices, unless the lead 
        agency approves a longer statement in writing and establishes a 
        new word limit.
            ``(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 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 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 determining whether 
        the effects of a proposed Federal action are significant, a 
        Federal official shall only consider the reasonably foreseeable 
        effects with a reasonably 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 Council on Environmental Quality 
shall establish procedures for a Federal agency to adopt a categorical 
exclusion established by another Federal agency.
    ``(e) Judicial Review.--No agency action taken under parts 1500 
through 1508 of title 40, Code of Federal 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 which 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 `cooperating 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 environmental assessment prepared under 
        section 102.
            ``(4) Environmental impact statement.--The term 
        `environmental impact statement' means 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 decision.
            ``(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 determining significance.--
        The Council on Environmental 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 jurisdiction.--The 
        Council on Environmental Quality shall, not later than 120 days 
        after the date of enactment 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 Environmental 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 ``transportation'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``Department of 
                        Transportation operating administration or 
                        secretarial 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:
            ``(2) Lead agency.--The term `lead agency' means a Federal 
        agency, or State agency that has been delegated authority under 
        the National Environmental 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 agency'';
                    (C) by striking ``procedures of a cooperating 
                authority for a proposed multimodal project'' and 
                inserting ``procedures of any other Federal agency for 
                a proposed project'';
                    (D) in paragraph (1)--
                            (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 determination, 
                        after consultation with the other Federal 
                        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 
                        authority 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 chapter 3 of title 49, 
United States Code, is amended by striking the item relating to section 
304 and inserting the following:

``304. Application of categorical exclusions for transportation 
                            projects.''.

SEC. 1204. AIR QUALITY AND CONFORMITY.

    (a) Separating Requirements Applicable to Projects.--Section 
176(c)(2) of the Clean Air Act (42 U.S.C. 7506(c)(2)) is amended--
            (1) by striking ``(2) Any transportation'' and inserting 
        ``(2)(A) Any transportation'';
            (2) 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'';
            (3) by striking ``(A) no transportation'' and inserting 
        ``(i) no transportation'';
            (4) by striking ``(B) no metropolitan'' and inserting 
        ``(ii) no metropolitan'';
            (5) by striking ``(C) a transportation project may be 
        adopted or approved by a metropolitan 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 metropolitan planning organization or approved, 
        accepted, or funded by the Department of Transportation only if 
        it meets either the requirements 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 either 
the requirements of subparagraph (C)'';
            (6) by adjusting the margins of clauses (i), (ii), and 
        (iii) of subparagraph (B), as redesignated, 2 ems to the left; 
        and
            (7) by striking ``(D) Any project not referred to in 
        subparagraph (C)'' and inserting the following:
    ``(C) Any project not referred to in subparagraph (B)''.
    (b) Conformity Determinations Prior to Construction 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 
amended by adding at the end the following new subparagraph:
    ``(F) The conformity determinations required by this section with 
respect to transportation projects shall be coordinated with the 
transportation planning process under sections 134 and 135 of title 23, 
United States Code, and with the environmental review process required 
under the National Environmental Policy Act of 1969 and other 
applicable laws, in accordance with the following requirements:
            ``(i) The Secretary of Transportation shall make its 
        conformity determination for a transportation project prior to 
        initiation of construction of the project.
            ``(ii) The Secretary of Transportation shall include the 
        transportation project in the plan or program developed 
        pursuant to title 23 or chapter 53 of title 49, United States 
        Code, 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 document 
                prepared for the project under the National 
                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 requirements; and
                    ``(II) condition any approval issued by the 
                Secretary in the environmental review process 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 redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by striking ``(5) applicability.--This subsection'' and 
        inserting ``(5) applicability.--(A) This subsection''; and
            (3) by adding at the end the following new subparagraph:
    ``(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 most recently promulgated 
standard.''.
    (e) Programmatic Conformity Determinations.--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 Determinations.--
            ``(A) In general.--The Secretary of Transportation--
                    ``(i) shall, to the maximum extent practicable, use 
                programmatic conformity determinations to streamline 
                the process for satisfying transportation conformity 
                requirements under this subsection; and
                    ``(ii) may issue a programmatic conformity 
                determination, in consultation with the Administrator, 
                on a nationwide, statewide, metropolitan, or other 
                geographic basis.
            ``(B) Regulations.--
                    ``(i) Requirement.--Not later than 180 days after 
                the date of enactment of this paragraph, the Secretary 
                of Transportation shall issue regulations implementing 
                this paragraph.
                    ``(ii) Contents.-- The regulations required by 
                clause (i) shall include procedures for making 
                programmatic conformity determinations for--
                            ``(I) projects in marginal nonattainment 
                        areas;
                            ``(II) projects that are not exempt from 
                        conformity requirements, but would have 
                        individually and cumulatively minor effects on 
                        the applicable area's ability 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 Secretary to be unlikely 
                        to occur.
            ``(C) Definition.--In this paragraph, the term 
        `programmatic conformity determination' includes any conformity 
        determination that applies to a category of transportation 
        plans, programs, or projects.''.

SEC. 1205. AGREEMENTS RELATING TO USE OF AND ACCESS TO RIGHTS-OF-WAY 
              INTERSTATE SYSTEM.

    Section 111 of title 23, United States Code, is amended by striking 
subsection (e) and inserting the following:
    ``(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 approvals required under subsection (a) for 
        changes in points of access to, or exits from, the Interstate 
        System (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 responsibilities 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, repair or 
        construction of roadside ditches, including emergency 
        activities, temporary fills, and changes in the character, 
        scope, or size of the original fill design to meet current 
        design and safety standards, provided they that do not result 
        in significant alterations to flow or circulation, 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 PRACTICES FOR 
              ENVIRONMENTAL REVIEWS.

    (a) Findings.--Congress finds the following:
            (1) The environmental review process for transportation 
        infrastructure projects is complex and inefficient, resulting 
        in delays and increased costs of delivery 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 Transportation shall establish 
a pilot program to promote the use of innovative practices in carrying 
out environmental reviews for transportation projects, including 
innovative practices that--
            (1) integrate environmental planning or other techniques 
        involving consideration of multiple resources on a watershed or 
        ecosystem scale;
            (2) enhance environmental mitigation and enhancement 
        measures that will result in a substantial improvement over 
        existing conditions in an ecosystem or watershed;
            (3) use innovative technologies that enable more effective 
        public participation in decision-making, including 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 program established 
under subsection (b), the Secretary, in concurrence with the affected 
agency may waive, with respect to an eligible project, any requirement 
under Federal law, regulation, or order, if the Secretary and such 
agencies find that waiving the requirement is reasonably expected to--
            (1) promote the development of innovative practices for the 
        environmental review process, as described 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 each year to participate in the program.
    (e) Application Process.--
            (1) In general.--The Secretary and the affected agency 
        shall be jointly responsible for reviewing 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 Secretary recommends 
        approval of the application, the Secretary shall submit a 
        written recommendation to the affected agency for review. The 
        Secretary's recommendation may include modifications to the 
        applicant's proposal.
            (4) Approval or denial of application.--The affected agency 
        shall approve or deny the application, 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 agency, and shall post the decision on the 
        agency's public website, and publish the decision in the 
        Federal Register. 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 decision in the 
Federal Register pursuant to subsection (e)(4), the Secretary may 
initiate the proposal or the environmental review process for the 
project. Each federal agency 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.--
            (1) In general.--The Secretary or any affected 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 consultation with the 
        affected agency, shall annually 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 on each eligible project 
        participating in the program.
            (2) Contents.--The annual report under paragraph (1) 
        shall--
                    (A) identify each eligible project;
                    (B) provide a status update on the environmental 
                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 approval or consultation role that 
        would be affected if the flexibilities described in subsection 
        (c) are used.
            (2) Eligible entity.--The term ``eligible entity'' 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 process has not been initiated 
                for such project; and
                    (B) any proposal to meet paragraphs (1) through (4) 
                of subsection (c).

SEC. 1208. MAJOR PROJECTS THRESHOLD.

    (a) In General.--Section 106 of title 23, United States Code, is 
amended--
            (1) in subsection (h)(1) by striking ``$500,000,000'' and 
        inserting ``$1,000,000,000, increased by the Secretary as 
        necessary,'';
            (2) by striking subsection (i); and
            (3) by redesignating subsection (j) as subsection (i).
    (b) Conforming Amendments.--Section 139(h) of title 23, United 
States Code, is amended--
            (1) in paragraph (7)(B)(i)(I) by striking ``or (i)''; and
            (2) by amending paragraph (8) to read as follows:
            ``(8) Expedient decisions and reviews.--To ensure that 
        Federal environmental decisions and reviews are expeditiously 
        made, adequate resources made available under this title shall 
        be devoted to ensuring that applicable environmental reviews 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) are completed on an expeditious basis and that 
        the shortest existing applicable process under that Act is 
        implemented, not to exceed 2 years.''.

SEC. 1209. ADDING PREVIOUSLY APPROVED PROJECTS TO THE TRANSPORTATION 
              IMPROVEMENT PROGRAM.

    (a) Metropolitan Transportation Planning.--Section 134(j)(1) of 
title 23, United States Code, is amended by adding at the end the 
following:
                    ``(E) Exception.--Notwithstanding any other 
                provision of law, the amendment of an approved TIP to 
                add a project or an identified phase of a project does 
                not require public review and comment if the added 
                project or the identified phase--
                            ``(i) was in the approved TIP that 
                        immediately preceded the current TIP; and
                            ``(ii) is unchanged from the project or the 
                        identified phase in that preceding TIP.''.
    (b) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(g) of title 23, United States Code, is amended--
            (1) by redesignating paragraph (9) as paragraph (10); and
            (2) by inserting after paragraph (8) the following:
            ``(9) Exception.--Notwithstanding any other provision of 
        law, the amendment of an approved TIP to add a project or an 
        identified phase of a project does not require public review 
        and comment if the added project or the identified phase--
                    ``(A) was in the approved transportation 
                improvement program that immediately preceded the 
                transportation improvement program in effect on the 
                date of such proposed amendment; and
                    ``(B) is unchanged from the project or the 
                identified phase in that preceding transportation 
                improvement program.''.

                  TITLE II--INNOVATIVE PROJECT FINANCE

SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 
              1998 TEMPORARY LOAN RELIEF DUE TO THE COVID-19 PANDEMIC.

    (a) Definitions.--In this section:
            (1) Eligible borrower.--The term ``eligible borrower'' 
        means a recipient of an eligible loan administered 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 enactment 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 borrower of such 
        eligible loan is unable to generate sufficient revenues from 
        the dedicated revenue source as a result of the COVID-19 
        pandemic and is unable to pay the scheduled repayments of 
        principal and interest on such eligible loan--
                    (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 subsection (d), 
                        shall determine whether the eligible borrower 
                        is unable to generate sufficient revenues as a 
                        result of the COVID-19 pandemic; 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 maturity of the 
                        eligible loan on the date of the reset, in 
                        accordance with this section.
            (2) Applicability.--A lower interest rate provided for an 
        eligible loan pursuant to paragraph (1)(B)(ii) shall apply 
        until the final maturity date of the eligible loan.
    (c) Other Loan Modifications.--With respect to an eligible borrower 
described in subsection (b)(1), the Secretary, in carrying out 
subparagraph (B) of such subsection, 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 
        Regulatory 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 Revitalization 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 compliance with such criteria as the 
        Secretary may establish, in accordance with paragraph (2).
            (2) Factors for consideration.--In establishing 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 Secretary to reset 
        interest rates pursuant to this section shall terminate on 
        September 30, 2022.
            (2) Effect of subsection.--Nothing in this subsection 
        affects any eligible loan that is modified pursuant to this 
        section on or before September 30, 2022.

                    TITLE III--PUBLIC TRANSPORTATION

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``Federal Public Transportation Act 
of 2021''.

SEC. 3002. URBANIZED AREA FORMULA GRANTS.

    (a) Impacts of Service Reductions.--Section 5307(c)(1) is amended--
            (1) by redesignating subparagraphs (J) and (K) as 
        subparagraphs (K) and (L), respectively; and
            (2) by inserting after subparagraph (I) the following:
                    ``(J) in any case in which a project will result in 
                a service reduction that impacts an area of persistent 
                poverty, consider whether third party contractors can 
                offer options for continuing the service, provided that 
                such options do not negatively impact the salaries or 
                benefits of employees currently providing the 
                service;''.
    (b) Targeted Review.--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 subparagraph (B)''; and
            (2) by adding at the end the following:
                    ``(B) Targeted review for high-performing 
                recipients.--In the case of a recipient 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;
                            ``(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 Secretary 
                        determines risks the recipient's compliance 
                        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--
                    ``(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
                    (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 INDIVIDUALS 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 recipient of a grant under'';
            (2) in subsection (c)(2) by adding at the end the 
        following:
                    ``(E) Reallocation.--Amounts apportioned under 
                section 5310(c)(1)(A) may be reallocated to projects in 
                areas other than urbanized areas.'';
            (3) by striking paragraphs (1) and (2) of subsection (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.
                    ``(B) Exception.--A State described in section 
                120(b) of title 23 shall receive a Federal Government 
                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 exceed 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 Federal Government 
                share of the net costs that is equal to 62.5 percent of 
                the Federal 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
                    ``(B) section 5311 shall apply to recipients of 
                grants made in rural areas under this subsection.''.

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 opportunity zones, 
                medically underserved areas, or areas with a medically 
                underserved 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 population shall be 
                for 90 percent of the net costs of the project, as 
                determined by the Secretary.'';
            (2) in paragraph (2) by adding at the end the following:
                    ``(C) Projects in qualified opportunity zones, 
                medically underserved areas, or areas with a medically 
                underserved population.--A grant awarded under this 
                section for a capital project in a qualified 
                opportunity zone, a medically underserved area, or an 
                area with a medically underserved population shall be 
                for 62.5 percent of the Federal Government 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 section 1400Z-1 of the Internal Revenue Code of 
                1986.
                    ``(B) Medically underserved areas; an area with a 
                medically underserved population.--The term `medically 
                underserved areas' or `an area with a medically 
                underserved population' means an area or populations 
                that are designated as medically underserved 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--
            (1) in subparagraph (M), by striking ``or'' at the end;
            (2) by redesignating subparagraph (N) as subparagraph (O); 
        and
            (3) by inserting after subparagraph (M) the following:
                    ``(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 Eligibility.--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 subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) public transportation projects that improve 
                health care access and outcomes; or''.
    (c) Demonstration, Deployment, and Evaluation Project 
Eligibility.--Section 5312(e)(3) of title 49, United States Code, is 
amended--
            (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 transportation 
                projects or practices that--
                            ``(i) achieve measurable improvements in 
                        transportation access to health care for 
                        medically underserved areas or populations, as 
                        designated by the Health Resources and Services 
                        Administration pursuant to section 330(b)(3) of 
                        the Public Health Service Act (42 U.S.C. 
                        254b(b)(3));
                            ``(ii) implement transportation strategies 
                        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 transportation 
                        barriers to accessing health care that are 
                        identified and prioritized in the coordinated 
                        public transit-human services transportation 
                        plan described in section 5310(e)(2)(A).''.

SEC. 3007. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

    (a) In General.--Section 5314(a) of title 49, Unites States Code, 
is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (H) by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (I) as 
                subparagraph (J); and
                    (C) by inserting after subparagraph (H) the 
                following:
                    ``(I) provide innovation and capacity-building to 
                rural and tribal public transportation recipients but 
                that do not duplicate the activities of sections 
                5311(b) or 5312; and''; and
            (2) by adding at the end the following:
            ``(5) 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 paragraph (2)(I).''.
    (b) Availability of Amounts.--Section 5314(c)(4)(A) of title 49, 
United States Code, is amended by inserting ``5311,'' after ``5307,''.

SEC. 3008. GENERAL PROVISIONS.

    (a) Reasonable Access to Public Transportation Facilities.--Section 
5323 of title 49, United States Code, is amended by striking subsection 
(r) and inserting the following:
    ``(r) Reasonable Access to Public Transportation 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, including intermodal facilities, 
        park and ride lots, and bus-only highway lanes. In determining 
        reasonable access, capacity requirements of the recipient of 
        assistance and the extent to which access would be detrimental 
        or beneficial to existing public transportation 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 assistance 
                under this chapter fails to respond to a request within 
                the 90-day period described in paragraph (1), the 
                operator may seek assistance 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 standards provided in 
                paragraph (1), the recipient shall provide, in writing, 
                the reasons for the denial.''.
    (b) Waivers and Deferrals; Administrative Option.--Section 5323 of 
title 49, United States Code, is further 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 authority 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 Transportation Act of 2021, the 
        Secretary shall publish guidance for recipients of assistance 
        under this chapter that operate 10 or fewer buses in service or 
        that receive financial assistance under both of sections 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 assistance 
                described in paragraph (1) may request such waivers, 
                exemptions, deferrals, or simplified levels of 
                compliance;
                    ``(C) the criteria by which the Secretary shall 
                evaluate and act upon such requests;
                    ``(D) the terms and conditions the Secretary 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 conditions 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 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 
        of Banking, Housing, and Urban Affairs of the Senate and the 
        Committee of Transportation and Infrastructure of the House of 
        Representatives 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 Vehicles After Service 
Life.--Section 5323 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(w) Threshold for the Sale of Transit Vehicles After Service 
Life.--Notwithstanding any other provision of law, 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 upon sale of the asset for use by the transit agency for 
the purpose or 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 paragraphs (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 subparagraph (A) and 
        inserting the following:
                    ``(A) National distribution.--For each of fiscal 
                years 2022 through 2026, 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.'';
            (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 
                        semicolon and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) with respect to projects in rural 
                        areas, any passenger vehicle that is equipped 
                        with any technology, including compressed 
                        natural gas and liquefied natural gas that 
                        reduces energy consumption or harmful 
                        emissions, including direct carbon emissions, 
                        when compared to a diesel powered vehicle;'';
                    (B) in paragraph (3)(A) by striking ``requirements 
                of section 5307'' and inserting the following: 
                ``requirements of--
                            ``(i) for eligible recipients of grants 
                        made in urbanized areas, section 5307; and
                            ``(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 distributed 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 subsection (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)''.

SEC. 3012. INNOVATIVE MOBILITY AND TECHNOLOGY DEPLOYMENT GRANTS.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5312 the following:
``Sec. 5313. Innovative mobility and technology deployment grants
    ``(a) Authority.--The Secretary shall establish an innovative 
mobility and technology deployment grants program 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 services or 
        technologies in public transportation services, including 
        traveler information, trip planning information, new or 
        expanded reservation capabilities, integrated payment 
        solutions, fare automation, or delivery designs to improve 
        options in public transportation;
            ``(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;
            ``(3) advance on demand complementary paratransit 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 transportation business 
        models that increase access to public transportation; or
            ``(6) provide any other transit service that the Secretary 
        determines appropriate to meet the purposes 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 transportation.
    ``(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 require.
    ``(d) Rulemaking.--The Secretary shall--
            ``(1) issue such regulations as are necessary to carry out 
        this section, and publish such regulations 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 receive 
        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 fiscal year, 
        not more than 20 percent may be awarded under subsection (a) to 
        a single entity.
    ``(g) Best Practices.--The Secretary shall annually collect from, 
review, and disseminate to public transportation 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 Internal Revenue Code of 1986.
            ``(2) High-performing public transportation.--The term 
        `high-performing public transportation' means a public 
        transportation service, whether provided by a public agency, 
        private nonprofit, or for-profit organization, that is able to 
        collect 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 services that use 
        dynamically generated routes calculated by algorithms developed 
        to increase the occupancy of vehicles.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after section 5312 the 
following:

``5313. Innovative mobility and technology deployment grants.''.

SEC. 3013. EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS.

    Section 3005(b)(3)(A) of the FAST Act (49 U.S.C. 5309 note) is 
amended--
            (1) in clause (iv)(V) by adding ``and'' at the end;
            (2) in clause (v) by striking ``; and'' and inserting a 
        period; and
            (3) by striking clause (vi).

                    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 requirements, as applicable:
            (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 subsection (a) for fiscal years 2022 through 
        2026 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) State matching requirements.--If a grant awarded under 
        chapter 4 of title 23, United States Code, requires a State to 
        share in the cost, the aggregate of all expenditures for 
        highway safety activities made during a fiscal year by the 
        State and its political subdivisions (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.
            (3) 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.
            (4) 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
                    (B) may not be used by States or local governments 
                for construction purposes.

SEC. 4002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

    (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 for each of fiscal years 2022 through 2024 from 
        the funds made available to carry out this section to conduct 
        the research described 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 the STARTER Act 2.0, the Secretary 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 implement the pilot 
        program in States that are, or a region that is, most affected 
        by the opioid epidemic, as measured by the most recent opioid-
        involved overdose deaths per 10,000 persons, as reported by the 
        Centers for Disease Control and Prevention.
            ``(3) Sunset.--The authority of the Secretary under 
        paragraph (1) shall terminate on the date that is 2 years after 
        the date on which the pilot program is established pursuant to 
        paragraph (1).
            ``(4) Report.--Not later than 1 year after the date of 
        termination of the pilot program described in paragraph (3), 
        the Secretary shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the results of the study of the effects of 
        the public awareness and enforcement campaign.
    ``(l) Research and Training on Marijuana Detection.--
            ``(1) In general.--The Administrator of the National 
        Highway Traffic Safety Administration shall carry out a 
        collaborative research effort to study the effect that 
        marijuana use has on driving and research ways to detect and 
        reduce incidences of driving under the influence of marijuana.
            ``(2) Reports.--The Administrator shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives an annual report that--
                    ``(A) describes the progress made in carrying out 
                the collaborative research effort; and
                    ``(B) includes an accounting for the use of Federal 
                funds obligated or expended in carrying out such 
                effort.''.
    (b) Study of Illegal Passing of School Buses.--Section 403 of title 
23, United States Code, is further amended by adding at the end the 
following:
    ``(m) Study of Illegal Passing of School Buses.--
            ``(1) In general.--The Comptroller General of the Unites 
        States shall conduct a study on illegal passing of school buses 
        by motor vehicles.
            ``(2) Study elements.--In completing the study under 
        paragraph (1), the Comptroller General shall compile and 
        examine the following issues related to illegal passing of 
        school buses:
                    ``(A) Description of illegal passing laws in each 
                State relating to school buses.
                    ``(B) Identification of laws that may affect or 
                intersect with illegal school bus passing laws.
                    ``(C) Description of how each State enforces such 
                laws.
                    ``(D) Evaluation of methods that each State uses to 
                review, document, and report to law enforcement school 
                bus stop-arm violations and illegal school bus passing.
                    ``(E) Review of driver education materials.
                    ``(F) Identification of best practices relating to 
                the most effective approaches to address illegal 
                passing of school buses.
            ``(3) Report.--Not later than 2 years after the date of 
        enactment of the STARTER Act 2.0 the Comptroller General shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        results of the study under paragraph (1).
    ``(n) Public Safety Media Programs.--
            ``(1) Child heatstroke.--Not later than 1 year after the 
        date of enactment of the STARTER Act 2.0, the Secretary shall 
        establish and implement a public safety messaging program to 
        educate the public and reduce heatstroke related deaths of 
        children in unattended vehicles.
            ``(2) Illegal passing of school buses.--Not later than 18 
        months after the date of enactment of this subsection, the 
        Secretary shall establish and implement a public safety 
        messaging program to educate the public and reduce the illegal 
        passing of school buses.''.

SEC. 4003. NATIONAL PRIORITY SAFETY PROGRAMS.

    Section 405(a)(9)(A) of title 23, United States Code, is amended by 
striking ``date of enactment of the FAST Act'' and inserting ``date of 
enactment of the STARTER Act 2.0''.

SEC. 4004. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

    Section 4010 of the FAST Act (23 U.S.C. 405 note) is amended--
            (1) by striking ``the date on which the Secretary awards'' 
        and inserting ``each occurrence of the Secretary awarding''; 
        and
            (2) by striking ``a publicly available Internet Web site of 
        the Department'' and inserting ``the website of the 
        Department''.

                     TITLE V--MOTOR CARRIER SAFETY

SEC. 5001. FUNDING AND GRANT REQUIREMENTS.

    The funds provided for programs under chapter 311 of title 49, 
United States Code, shall be subject to the following requirements:
            (1) Applicability of title 23.--Except as otherwise 
        provided in chapter 311 of title 49, United States Code, 
        amounts made available under subsection (a) for fiscal years 
        2022 through 2026 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) State matching requirements.--If a grant awarded under 
        chapter 311 of title 49, United States Code, requires a State 
        to share in the cost, the aggregate of all expenditures for 
        highway safety activities made during a fiscal year by the 
        State and its political subdivisions (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 311 of 
        title 49, United States Code (other than planning or 
        administration), without regard to whether such expenditures 
        were made in connection with such project.
            (3) Grant application and deadline.--To receive a grant 
        under chapter 311 of title 49, 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.
            (4) Prohibition on other uses.--Except as otherwise 
        provided in chapter 311 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
                    (B) may not be used by States or local governments 
                for construction purposes.

SEC. 5002. COMPLIANCE, SAFETY, AND ACCOUNTABILITY REFORM.

    (a) Motor Carrier Safety Grants.--
            (1) In general.--
                    (A) Selection standard.--For any applicable legal 
                requirement with respect to a covered entity 
                contracting with a covered motor carrier for the 
                shipment of goods or household goods, the covered 
                entity shall be considered reasonable and prudent in 
                the selection of such motor carrier if the covered 
                entity verifies, not later than the date of shipment 
                and not earlier than 45 days before the date of 
                shipment, that the covered motor carrier--
                            (i) is registered under section 13902 of 
                        title 49, United States Code, as a motor 
                        carrier or household goods motor carrier;
                            (ii) has at least the minimum insurance 
                        coverage required by Federal and State law; and
                            (iii) is not determined unfit to operate 
                        safely commercial motor vehicles under section 
                        31144 of title 49, United States Code, or 
                        otherwise ordered to discontinue operations by 
                        the Federal Motor Carrier Safety Administration 
                        (including not renewing a Department of 
                        Transportation registration number) or a State.
                    (B) Sunset.--The standard established under 
                subparagraph (A) shall sunset on the effective date of 
                a regulation issued pursuant to paragraph (3).
            (2) Revocation of registration.--Section 31144(a) of title 
        49, United States Code, is amended--
                    (A) in paragraph (3) by striking ``and'';
                    (B) in paragraph (4) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) prescribe by regulation a process for revoking the 
        registration of an owner or operator determined unfit to 
        operate safely a commercial motor vehicle under this 
        section.''.
            (3) Rulemaking.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary of 
                Transportation shall--
                            (i) update and revise the regulations 
                        issued pursuant to subsection (b) of section 
                        31144 of title 49, United States Code, to 
                        include the requirements of paragraph (1); and
                            (ii) issue such regulations as are 
                        necessary to carry out section 31144(a)(5) of 
                        title 49, United States Code, as added by this 
                        Act.
                    (B) Factors for an unsatisfactory rating.--The 
                regulations updated under subparagraph (A)(i) shall 
                provide a procedure for the Secretary to determine if a 
                motor carrier is not fit to operate a commercial motor 
                vehicle in or affecting interstate commerce in 
                accordance with section 31144 of title 49, United 
                States Code.
            (4) Savings clause.--Nothing in this section shall be 
        construed to preempt or supercede any State law or regulation 
        relating to drayage.
            (5) Definitions.--In this section:
                    (A) Covered entity.--The term ``covered entity'' 
                means a person acting as--
                            (i) a shipper or cosignee of goods, except 
                        that such term does not mean a person acting as 
                        an individual shipper (as such term is defined 
                        in section 13103 of title 49, United States 
                        Code);
                            (ii) a broker, a freight forwarder, or a 
                        household goods freight forwarder (as such 
                        terms are defined in section 13102 of title 49, 
                        United States Code);
                            (iii) an ocean transportation intermediary 
                        (as such term is defined in section 40102 of 
                        title 46, United States Code), when arranging 
                        for inland transportation as part of an 
                        international through movement involving ocean 
                        transportation between the United States and a 
                        foreign port;
                            (iv) an indirect air carrier holding a 
                        Standard Security Program approved by the 
                        Transportation Security Administration only to 
                        the extent that the indirect air carrier is 
                        engaging in the activities as an air carrier 
                        defined in paragraph (2) or (3) of section 
                        40102 of title 49, United States Code;
                            (v) a customs broker licensed in accordance 
                        with section 111.2 of title 19, Code of Federal 
                        Regulations, only to the extent that the 
                        customs broker is engaging in a movement under 
                        a customs bond or in a transaction involving 
                        customs business, as defined by section 111.1 
                        of title 19, Code of Federal Regulations; or
                            (vi) a motor carrier registered under 
                        chapter 139 of title 49, United States Code.
                    (B) Covered motor carrier.--The term ``covered 
                motor carrier'' means a motor carrier or a household 
                goods motor carrier (as such terms are defined in 
                section 13102 of title 49, United States Code) that is 
                subject to Federal motor carrier financial 
                responsibility and safety regulations.
                    (C) Household goods.--The term ``household goods'' 
                has the meaning given such term in section 13102 of 
                title 49, United States Code.
    (b) Remote Audit.--Section 31144 of title 49, United States Code, 
is amended by adding at the end the following:
    ``(j) Remote Audits.--
            ``(1) In general.--The Secretary shall establish a pilot 
        program to conduct remote compliance reviews under subpart A of 
        part 385 of title 49, Code of Federal Regulations, to assign a 
        safety rating for commercial motor carriers.
            ``(2) Contents.--In conducting the pilot program, the 
        Secretary shall--
                    ``(A) use the same standards that would otherwise 
                be applicable to commercial motor carriers;
                    ``(B) apply the procedures of part 385 of title 49, 
                Code of Federal Regulations, including the safety 
                fitness rating methodology under appendix B, prior to 
                assigning a safety rating under such pilot program;
                    ``(C) assign safety ratings regardless of whether 
                an on-site review of activities has taken place; and
                    ``(D) leverage all available technology to access 
                information and records.
            ``(3) Eligible participants.--
                    ``(A) In general.--Motor carriers that are eligible 
                to participate in the pilot program under this 
                subsection shall--
                            ``(i) voluntarily agree to participate in 
                        such pilot program; and
                            ``(ii) be able to opt-out of participation 
                        in such pilot program at any time.
                    ``(B) Prohibition on participation.--Motor carriers 
                that transport hazardous materials or passengers shall 
                be prohibited from participating in the pilot program 
                under this section.
            ``(4) Authorized agents.--Remote compliance reviews 
        conducted under the pilot program under this section may be 
        conducted by--
                    ``(A) Federal Motor Carrier Safety Administration 
                personnel;
                    ``(B) State commercial motor vehicle authorities 
                that meet acceptable standards set forth by the 
                Secretary; or
                    ``(C) private contractors that meet acceptable 
                standards set forth by the Secretary.
            ``(5) Availability of safety ratings.--Safety ratings 
        determined under the pilot program under this subsection may 
        not be released publicly by the Secretary or by any authorized 
        agent described in paragraph (4) that is participating in the 
        pilot program under this subsection.''.

SEC. 5003. ENTRY-LEVEL DRIVER TRAINING REGULATIONS.

    (a) In General.--Not later than February 7, 2023, the Secretary of 
Transportation shall implement the minimum training requirements for 
entry-level commercial motor vehicle operators published in the final 
rule issued by the Federal Motor Carrier Safety Administration on 
December 8, 2016, titled ``Minimum Training Requirements for Entry-
Level Commercial Motor Vehicle Operators'' (81 Fed. Reg. 88732).
    (b) Training Provider Registry Deployment.--Not later than October 
1, 2022, the Federal Motor Carrier Safety Administration shall deploy 
the training provider registry referenced in the final regulation 
issued by the Administration on December 8, 2016, titled ``Minimum 
Training Requirements for Entry-Level Commercial Motor Vehicle 
Operators'' (81 Fed. Reg. 88732) to allow training providers to sign up 
prior to the implementation date described in subsection (a).
    (c) Report to Congress.--Not later than February 7, 2022, and every 
90 days thereafter until the implementation of the requirements 
described in subsection (a), the Secretary of Transportation shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report describing--
            (1) the status of the training provider registry described 
        in subsection (b); and
            (2) the Federal and State efforts to implement the final 
        rule described in subsection (a).
    (d) Report on Noncompliance.--Not later than 45 days after the date 
on which compliance with the final rule described in subsection (a) is 
required under such subsection, the Secretary of Transportation shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing a list of all States 
in substantial noncompliance with such final rule.

SEC. 5004. TRUCKING INDUSTRY WORKFORCE DEVELOPMENT.

    (a) Definitions.--In this section:
            (1) Apprentice.--The term ``apprentice'' means an employee 
        under the age of 21 who holds a commercial driver's license 
        required to operate a class of vehicles described in part 383 
        of title 49, Code of Federal Regulations, and any successor 
        regulations.
            (2) Commercial driver's license.--The term ``commercial 
        driver's license'' has the meaning given the term in section 
        31301 of title 49, United States Code.
            (3) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' means a commercial motor vehicle that meets the 
        definition under paragraph (1) or (4) of the definition of the 
        term ``commercial motor vehicle'' in section 390.5 of title 49, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act).
            (4) Driving time.--The term ``driving time'' has the 
        meaning given the term in section 395.2 of title 49, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        this Act).
            (5) Employee.--The term ``employee'' has the meaning given 
        such term in section 31132 of title 49, United States Code.
            (6) Employer.--The term ``employer'' has the meaning given 
        such term in section 31132 of title 49, United States Code.
            (7) Experienced driver.--The term ``experienced driver'' 
        means an individual who--
                    (A) is not less than 21 years of age;
                    (B) has held a commercial driver's license for the 
                2-year period ending on the date on which the 
                individual serves as an experienced driver under 
                subsection (c)(3)(B);
                    (C) has had no preventable accidents reportable to 
                the Department of Transportation or pointed moving 
                violations during the 1-year period ending on the date 
                on which the individual serves as an experienced driver 
                under subsection (c)(3)(B); and
                    (D) has a minimum of 2 years of experience driving 
                a commercial motor vehicle in interstate commerce.
            (8) On-duty time.--The term ``on-duty time'' has the 
        meaning given the term in section 395.2 of title 49, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        this Act).
            (9) Pointed moving violation.--The term ``pointed moving 
        violation'' means a violation that results in points being 
        added to the license of a driver, or a similar comparable 
        violation, as determined by the Secretary.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Apprentice.--An apprentice may--
            (1) drive a commercial motor vehicle in interstate commerce 
        while taking part in the 120-hour probationary period under 
        subsection (c)(1) or the 280-hour probationary period under 
        subsection (c)(2), pursuant to an apprenticeship program 
        established by an employer in accordance with this section; and
            (2) drive a commercial motor vehicle in interstate commerce 
        after the apprentice completes an apprenticeship program 
        described in paragraph (1).
    (c) Apprenticeship Program.--An apprenticeship program referred to 
in subsection (b) is a program that consists of the following 
requirements:
            (1) 120-hour probationary period.--
                    (A) In general.--The apprentice shall complete 120 
                hours of on-duty time, of which not less than 80 hours 
                are driving time in a commercial motor vehicle.
                    (B) Performance benchmarks.--In order to complete 
                the 120-hour probationary period under subparagraph 
                (A), an employer shall determine that the apprentice is 
                competent in each of the following areas:
                            (i) Interstate, city traffic, rural 2-lane, 
                        and evening driving.
                            (ii) Safety awareness.
                            (iii) Speed and space management.
                            (iv) Lane control.
                            (v) Mirror scanning.
                            (vi) Right and left turns.
                            (vii) Logging and complying with rules 
                        relating to hours of service.
            (2) 280-hour probationary period.--
                    (A) In general.--After completing the 120-hour 
                probationary period under paragraph (1), the apprentice 
                shall complete 280 hours of on-duty time, of which not 
                less than 160 hours are driving time in a commercial 
                motor vehicle.
                    (B) Performance benchmarks.--In order to complete 
                the 280-hour probationary period under subparagraph 
                (A), an employer shall determine that the apprentice is 
                competent in each of the following areas:
                            (i) Backing and maneuvering in close 
                        quarters.
                            (ii) Pre-trip inspections.
                            (iii) Fueling procedures.
                            (iv) Weighing loads, weight distribution, 
                        and sliding tandems.
                            (v) Coupling and uncoupling procedures.
                            (vi) Trip planning, truck routes, map 
                        reading, navigation, and permits.
            (3) Restrictions for 120-hour and 280-hour probationary 
        periods.--During the 120-hour probationary period under 
        paragraph (1) and the 280-hour probationary period under 
        paragraph (2)--
                    (A) the apprentice may only drive a commercial 
                motor vehicle that has--
                            (i) automatic manual or automatic 
                        transmissions;
                            (ii) active braking collision mitigation 
                        systems;
                            (iii) forward-facing video event capture; 
                        and
                            (iv) governed speeds of 65 miles per hour 
                        at the pedal and 65 miles per hour under 
                        adaptive cruise control; and
                    (B) the apprentice shall be accompanied in the cab 
                of the commercial motor vehicle by an experienced 
                driver.
            (4) Records retention.--The employer shall maintain 
        records, in a manner required by the Secretary, relating to the 
        satisfaction of the requirements of paragraphs (1)(B) and 
        (2)(B) by the apprentice.
            (5) Reportable incidents.--If the apprentice is involved in 
        a preventable accident reportable to the Department of 
        Transportation or a pointed moving violation while driving a 
        commercial motor vehicle as part of an apprenticeship program 
        described in this subsection, the apprentice shall undergo 
        remediation and additional training until the apprentice can 
        demonstrate, to the satisfaction of the employer, competence in 
        each of the performance benchmarks described in paragraphs 
        (1)(B) and (2)(B).
            (6) Completion of program.--The apprentice shall be 
        considered to have completed the apprenticeship program on the 
        date on which the apprentice completes the 280-hour 
        probationary period under paragraph (2).
            (7) Minimum requirements.--
                    (A) In general.--Nothing in this section prevents 
                an employer from imposing additional requirements on an 
                apprentice taking part in an apprenticeship program 
                established pursuant to this section.
                    (B) Technologies.--Nothing in this section prevents 
                an employer from requiring or installing additional 
                technologies in a commercial motor vehicle in addition 
                to the technologies described in paragraph (3)(A).
    (d) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall promulgate regulations to implement 
this section.
    (e) No Effect on License Requirement.--Nothing in this section 
exempts an apprentice from any requirement to hold a commercial 
driver's license in order to operate a commercial motor vehicle.
    (f) Employer Responsibility.--An employer shall not knowingly 
allow, require, permit, or authorize a driver under the age of 21 to 
operate a commercial motor vehicle in interstate commerce unless the 
driver is participating in or has completed an apprenticeship program 
that meets the requirements of subsection (c).

SEC. 5005. HOURS OF SERVICE REQUIREMENTS FOR AGRICULTURAL OPERATIONS.

    Section 229 of the Motor Carrier Safety Improvement Act of 1999 (49 
U.S.C. 31136 note) is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``during planting and harvest periods, as 
                determined by each State,''; and
                    (B) by amending subparagraph (A) to read as 
                follows:
                    ``(A) drivers transporting agricultural commodities 
                within a 150 air-mile radius from--
                            ``(i) the source of the agricultural 
                        commodities; or
                            ``(ii) the destination of the agricultural 
                        commodities;''; and
            (2) in subsection (e)(8)--
                    (A) by striking ``during the planting and 
                harvesting seasons within each State, as determined by 
                the State,''; and
                    (B) by striking ``at any time of the year''.

                          TITLE VI--INNOVATION

SEC. 6001. ADVANCED TRANSPORTATION TECHNOLOGIES PROGRAM.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 520. Advanced transportation technologies program
    ``(a) In General.--The Secretary of Transportation shall establish 
a program to provide grants to eligible entities to deploy, install, 
and operate advanced transportation technologies to improve safety, 
efficiency, system performance, mobility, intermodal connectivity, and 
infrastructure return on investment.
    ``(b) Criteria.--In carrying out the program under subsection (a), 
the Secretary shall develop criteria for selection of an eligible 
entity to receive a grant, including how the proposed deployment of 
technology--
            ``(1) reduces costs and improves return on investments 
        (including through the optimization of existing transportation 
        capacity);
            ``(2) delivers environmental benefits by alleviating 
        congestion and streamlining traffic flow;
            ``(3) measures and improves the operational performance of 
        the applicable transportation network;
            ``(4) reduces the number and severity of traffic accidents 
        and increases driver, passenger, and pedestrian safety;
            ``(5) collects, disseminates, and uses information on real-
        time traffic, work zone, weather, transit, paratransit, 
        parking, and other transportation-related information to 
        improve mobility, reduce congestion, and provide for more 
        efficient, accessible, and integrated transportation and 
        transportation services;
            ``(6) monitors transportation assets to improve 
        infrastructure management, reduce maintenance costs, prioritize 
        investment decisions, and ensure a state of good repair;
            ``(7) delivers economic benefits by reducing delays, 
        improving system performance, and providing for the efficient 
        and reliable movement of goods and services; or
            ``(8) accelerates the deployment of vehicle-to-vehicle, 
        vehicle-to-infrastructure, autonomous vehicles, and other 
        technologies.
    ``(c) Applications.--An application submitted for a project to be 
carried out by a grant under this program shall include the following:
            ``(1) A plan to deploy and provide for the long-term 
        operation and maintenance of advanced transportation 
        technologies to improve safety, efficiency, system performance, 
        and return on investment.
            ``(2) Objectives for quantifiable system performance 
        improvements, such as--
                    ``(A) reducing traffic-related accidents, 
                congestion, and costs;
                    ``(B) optimizing system efficiency; and
                    ``(C) improving access to transportation services.
            ``(3) Quantifiable safety, mobility, and environmental 
        benefit projections such as data-driven estimates of how the 
        project proposes to improve the applicable transportation 
        system efficiency and how such project proposes to reduce 
        traffic congestion.
            ``(4) A plan for any partnerships with private sector 
        entities or public agencies, including multimodal and 
        multijurisdictional entities, research institutions, 
        organizations representing transportation and technology 
        leaders, or other transportation stakeholders.
            ``(5) A plan to leverage and optimize existing local and 
        regional advanced transportation technology investments.
    ``(d) Grant Selection.--
            ``(1) Grant awards.--Each fiscal year for which funding is 
        made available under this section, the Secretary shall award 
        grants to not less than 5 and not more than 10 eligible 
        entities.
            ``(2) Geographic diversity.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                awarding a grant under this section, the Secretary 
                shall ensure, to the extent practicable, that grant 
                recipients represent diverse geographic areas of the 
                United States, including urban areas and rural areas.
                    ``(B) Rural set-aside.--Not less than 20 percent of 
                the amounts made available to carry out this section 
                shall be reserved for projects serving rural areas, to 
                the extent there are sufficient eligible applications.
            ``(3) Technology diversity.--In awarding a grant under this 
        section, the Secretary shall ensure, to the extent practicable, 
        that grant recipients represent a variety of technology 
        solutions.
    ``(e) Use of Grant Funds.--A grant recipient may use funds awarded 
under this section to deploy advanced transportation technologies, 
including--
            ``(1) advanced traveler information systems;
            ``(2) advanced transportation management technologies;
            ``(3) advanced transportation technologies to improve 
        emergency evacuation and response by Federal, State, and local 
        authorities;
            ``(4) infrastructure maintenance, monitoring, and condition 
        assessment;
            ``(5) advanced public transportation systems;
            ``(6) transportation system performance data collection, 
        analysis, and dissemination systems;
            ``(7) advanced safety systems, such as systems using 
        cellular technology, vehicle-to-vehicle, vehicle-to-pedestrian, 
        and vehicle-to-infrastructure communications, technologies 
        associated with autonomous vehicles, and other collision 
        avoidance technologies;
            ``(8) integration of intelligent transportation systems 
        with the Smart Grid and other energy distribution and charging 
        systems;
            ``(9) integrated corridor management systems;
            ``(10) advanced parking reservation or variable pricing 
        systems;
            ``(11) electronic pricing, toll collection, and payment 
        systems;
            ``(12) technology that enhances high occupancy vehicle toll 
        lanes, cordon pricing, or congestion pricing;
            ``(13) advanced mobility and access technologies, such as 
        dynamic ridesharing and information systems to support human 
        services for elderly and disabled individuals;
            ``(14) technology that collects and maintains automated 
        driving system safety data and data analysis tools;
            ``(15) cybersecurity protection measures and activities to 
        protect against cybersecurity threats; or
            ``(16) advanced vulnerable road user safety information 
        systems.
    ``(f) Report to Secretary.--
            ``(1) In general.--The Secretary shall ensure that a 
        recipient of a grant under this section submits, not later than 
        1 year after the recipient receives a grant and annually 
        thereafter, a report to the Secretary that describes--
                    ``(A) deployment and operational costs of the 
                project compared to the benefits and savings the 
                project provides; and
                    ``(B) how the project has met the original 
                expectations projected in the deployment plan submitted 
                with the application, such as--
                            ``(i) data on how the project has helped 
                        reduce traffic accidents, congestion, costs, 
                        and other benefits of the deployed systems;
                            ``(ii) data on the effect of measuring and 
                        improving transportation system performance 
                        through the deployment of advanced 
                        transportation technologies;
                            ``(iii) the effectiveness of providing 
                        real-time integrated traffic, transit, and 
                        multimodal transportation information to the 
                        public to make informed travel decisions; and
                            ``(iv) lessons learned and recommendations 
                        for future deployment strategies to optimize 
                        transportation mobility, efficiency, and 
                        multimodal system performance.
            ``(2) Report consistency.--
                    ``(A) Administration.--The Secretary shall provide 
                grant recipients with methods and techniques to support 
                consistent data collection across grant recipients and 
                may update such methods and techniques as appropriate.
                    ``(B) Update.--The Secretary shall provide grant 
                recipients notice of an update described in 
                subparagraph (A) not less than 90 days before carrying 
                out such update.
    ``(g) Report.--Not later than 2 years after the date of enactment 
of this section, and once every 2 years thereafter, the Secretary shall 
make available to the public on the website of the Department of 
Transportation an updated report that describes the effectiveness of 
grant recipients in meeting projected deployment plans including data 
described in subsection (f) on how the program has--
            ``(1) reduced traffic-related fatalities and injuries;
            ``(2) reduced traffic congestion and improved travel time 
        reliability;
            ``(3) reduced transportation-related emissions;
            ``(4) optimized multimodal system performance;
            ``(5) improved access to transportation alternatives;
            ``(6) provided the public with access to real-time 
        integrated traffic, transit, and multimodal transportation 
        information to make informed travel decisions;
            ``(7) provided cost savings to transportation agencies, 
        businesses, and the traveling public; or
            ``(8) provided other benefits to transportation users and 
        the general public.
    ``(h) Penalty.--The Secretary may terminate a grant provided under 
this section and deobligate funds provided by such grant if--
            ``(1) the Secretary determines from a report submitted 
        pursuant to subsection (f) that a recipient of such grant is 
        not carrying out the requirements of the grant; and
            ``(2) the Secretary provides written notice to the 
        Committees on Transportation and Infrastructure and Science, 
        Space, and Technology of the House of Representatives and the 
        Committees on Environment and Public Works and Commerce, 
        Science, and Transportation of the Senate 60 days prior to 
        deobligating funds under this subsection.
    ``(i) Funding.--Of the amounts provided to carry out this section, 
the Secretary may set aside $2,000,000 each fiscal year for program 
reporting, evaluation, and administrative costs related to this 
section.
    ``(j) Federal Share.--The Federal share of the cost of a project 
for which a grant is awarded under this subsection shall not exceed 50 
percent of the cost of the project.
    ``(k) Expenses for Grant Recipients.--A grant recipient under this 
section may use not more than 5 percent of the funds awarded each 
fiscal year to such recipient to carry out planning and reporting 
requirements.
    ``(l) Grant Flexibility.--
            ``(1) In general.--If, by August 1 of each fiscal year, the 
        Secretary determines that there are not enough grant 
        applications that meet the requirements described in subsection 
        (c) to carry out this section for a fiscal year, the Secretary 
        shall transfer to the programs specified in paragraph (2)--
                    ``(A) any of the funds reserved for the fiscal year 
                under subsection (i) that the Secretary has not yet 
                awarded under this section; and
                    ``(B) an amount of obligation limitation equal to 
                the amount of funds that the Secretary transfers under 
                subparagraph (A).
            ``(2) Programs.--The programs referred to in paragraph (1) 
        are--
                    ``(A) the programs under sections 503(b) and 
                503(c); and
                    ``(B) the programs under sections 512 through 518.
            ``(3) Distribution.--Any transfer of funds and obligation 
        limitation under paragraph (1) shall be divided among the 
        programs referred to in that paragraph in the same proportions 
        as the Secretary originally reserved funding from the programs 
        for the fiscal year under subsection (i).
    ``(m) Definitions.--In this section, the following definitions 
apply:
            ``(1) Advanced transportation technologies.--The term 
        `advanced transportation technologies' means technologies that 
        improve the efficiency, safety, or state of good repair of 
        surface transportation systems, including intelligent 
        transportation systems.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State or local government or a political 
                subdivision of a State or local government;
                    ``(B) a transit agency;
                    ``(C) a metropolitan planning organization;
                    ``(D) a multijurisdictional group; or
                    ``(E) a consortia of research institutions or 
                academic institutions.
            ``(3) Multijurisdictional group.--The term 
        `multijurisdictional group' means any combination of State 
        governments, local governments, metropolitan planning 
        organizations, transit agencies, or other political 
        subdivisions of a State for which each member of the group--
                    ``(A) has signed a written agreement to implement a 
                project carried out under this section across 
                jurisdictional boundaries; and
                    ``(B) is an eligible entity under this section.
            ``(4) Smart grid.--The term `Smart Grid' means a system 
        that provides for any of the smart grid functions set forth in 
        section 1306(d) of the Energy Independence and Security Act of 
        2007 (42 U.S.C. 17386(d)).''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``520. Advanced transportation technologies program.''.
    (c) Conforming Amendment.--Chapter 5 of title 23, United States 
Code, is amended by striking section 503(c)(4).

SEC. 6002. CONNECTED VEHICLE DEPLOYMENT PILOT PROGRAM.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
further amended by adding at the end the following:
``Sec. 521. Connected vehicle deployment pilot program
    ``(a) Establishment.--
            ``(1) In general.--The Secretary of Transportation shall 
        establish a connected vehicle deployment pilot program to make 
        grants, on a competitive basis, to spur operational deployments 
        to meet the transportation needs of eligible entities through 
        the use of the best available and emerging intelligent 
        transportation systems.
            ``(2) Goals.--The goals of the program shall be to--
                    ``(A) spur connected vehicle technology deployment 
                through wirelessly connected vehicles that interact 
                with a connected environment, including mobile devices, 
                infrastructure, and other elements;
                    ``(B) realize safety, mobility, and environmental 
                impacts through operational deployments;
                    ``(C) capture and use new forms of connected 
                vehicle and mobile device data to support improved 
                surface transportation system performance and enhanced 
                performance-based management;
                    ``(D) encourage partnerships of multiple 
                stakeholders (including private companies, State and 
                local agencies, transit agencies, commercial vehicle 
                operators, freight shippers, and transportation network 
                companies);
                    ``(E) deploy applications using data captured from 
                multiple sources (including vehicles, mobile devices, 
                and infrastructure) across all elements of the surface 
                transportation system (including transit, highway, 
                arterial highways, parking facilities, and toll 
                highways); and
                    ``(F) support deployment sites that create 
                foundations for future expanded and enhanced 
                deployments.
    ``(b) Grant Amount.--Each grant made under this section shall be in 
an amount that is at least $10,000,000.
    ``(c) Eligible Entities.--The Secretary may make a grant under this 
section to any of the following entities:
            ``(1) A State.
            ``(2) A transit agency.
            ``(3) A metropolitan planning organization that serves an 
        urbanized area with a population of more than 200,000 
        individuals.
            ``(4) A unit of local government.
            ``(5) A political subdivision of a State or local 
        government.
            ``(6) A special purpose district or public authority with a 
        transportation function, including a port authority.
            ``(7) A multijurisdictional group (as defined under section 
        520).
            ``(8) A consortia of research institutions or academic 
        institutions.
    ``(d) Eligible Projects.--A grant recipient may use funds awarded 
under this section for a project that deploys connected vehicle 
applications and technologies, including--
            ``(1) advanced safety systems, such as systems using 
        cellular technology, vehicle-to-vehicle and vehicle-to-
        infrastructure communications, technologies associated with 
        autonomous vehicles, and other collision avoidance 
        technologies;
            ``(2) integration of intelligent transportation systems 
        with the Smart Grid and other energy distribution and charging 
        systems;
            ``(3) electronic pricing and payment systems;
            ``(4) advanced mobility and access technologies, such as 
        dynamic ridesharing and information systems to support human 
        services for elderly and disabled individuals; and
            ``(5) any deployment concept eligible, before the date of 
        enactment of this section, under the connected vehicle pilot 
        deployment program carried out by the Department of 
        Transportation.
    ``(e) Use of Funds.--Grant amounts received for a project under 
this section may be used for--
            ``(1) activities in the development phase, including 
        planning, feasibility analysis, revenue forecasting, 
        environmental review process (as defined under section 139), 
        preliminary engineering and design work, and other 
        preconstruction activities;
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvement directly related to 
        improving system performance;
            ``(3) providing incentives to attract driver participation; 
        and
            ``(4) purchasing and installing any connected vehicle 
        equipment (including vehicle applications, roadside units, and 
        back-office equipment).
    ``(f) Applications.--
            ``(1) In general.--To be eligible for a grant under this 
        section, an entity described under subsection (c) shall submit 
        to the Secretary an application in such form, at such time, and 
        containing such information as the Secretary determines is 
        appropriate, including--
                    ``(A) a plan to deploy and provide for the long-
                term operation and maintenance of connected vehicle 
                technologies to improve safety, efficiency, and system 
                performance;
                    ``(B) objectives to improve and measure system 
                performance in 1 or more of--
                            ``(i) system productivity;
                            ``(ii) mobility, including impact on 
                        freight movements;
                            ``(iii) livability and accessibility of 
                        goods, services, and activities;
                            ``(iv) environment and fuel use; and
                            ``(v) traveler and system safety, including 
                        advising individuals of potentially unsafe 
                        conditions and mitigating the impact of events 
                        that may cause vehicle accidents; and
                    ``(C) a plan for partnering with private sector 
                entities or public agencies, including multimodal and 
                multijurisdictional entities, research institutions, 
                organizations representing transportation and 
                technology leaders, or other transportation 
                stakeholders.
            ``(2) Criteria.--When evaluating applications under this 
        section, the Secretary may not require that a pilot deployment 
        under the program be based on research carried out or funded by 
        the Department of Transportation.
    ``(g) Grant Selection.--
            ``(1) Grant awards.--Not later than 1 year after the date 
        of enactment of this section, and each fiscal year thereafter, 
        the Secretary shall award grants to not less than 3 and not 
        more than 5 eligible entities described in subsection (c).
            ``(2) Geographic diversity.--In awarding a grant under this 
        section, the Secretary shall ensure, to the extent practicable, 
        that grant recipients represent diverse geographic areas of the 
        United States, including urban areas and rural areas.
    ``(h) Grant Management.--In carrying out the grant program under 
this section, the Secretary shall--
            ``(1) emphasize project sustainability and long-term 
        funding goals;
            ``(2) create a noncompetitive environment and encourage 
        collaboration among project sites;
            ``(3) balance the privacy of users and secure operations of 
        pilot projects, while maintaining the ability to measure 
        performance factors; and
            ``(4) be wary of technological maturity of connected 
        vehicle applications and impact of long-term viability of non-
        deployment ready applications.
    ``(i) Smart Grid Defined.--In this section, the term `Smart Grid' 
means a system that provides for any of the smart grid functions set 
forth in section 1306(d) of the Energy Independence and Security Act of 
2007 (42 U.S.C. 17386(d)).''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is further amended by adding at the end the 
following new item:

``521. Connected vehicle deployment pilot program.''.

SEC. 6003. AUTOMATED DRIVING SYSTEM DEMONSTRATION PROGRAM.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
further amended by adding at the end the following:
``Sec. 522. Automated driving system demonstration program
    ``(a) Establishment.--
            ``(1) In general.--The Secretary of Transportation shall 
        establish an automated driving system demonstration program to 
        make grants, on a competitive basis, to eligible entities to--
                    ``(A) test the safe integration of automated 
                driving system technologies into the on-road 
                transportation system of the United States and 
                demonstrate how challenges to the safe integration of 
                such technologies can be addressed;
                    ``(B) ensure significant data gathering and sharing 
                of project data to identify--
                            ``(i) a baseline of safety metrics needed 
                        to characterize the safety risk of integrating 
                        automated driving system technologies into the 
                        transportation system; and
                            ``(ii) a baseline of roadway 
                        characteristics needed for the safe and 
                        efficient operation of automated driving system 
                        technologies; and
                    ``(C) encourage collaboration and partnerships of 
                multiple stakeholders to carry out subparagraphs (A) 
                and (B).
    ``(b) Eligible Entities.--The Secretary may make a grant under this 
section to the following:
            ``(1) A State.
            ``(2) A transit agency.
            ``(3) A metropolitan planning organization that serves an 
        urbanized area with a population of more than 200,000 
        individuals.
            ``(4) A unit of local government.
            ``(5) A political subdivision of a State or local 
        government.
            ``(6) A special purpose district or public authority with a 
        transportation function, including a port authority.
            ``(7) A public academic institution, public research 
        institution or a consortia of research institutions or academic 
        institutions.
            ``(8) A multijurisdictional group (as such term is defined 
        in section 520).
    ``(c) Applications.--To be eligible for a grant under this section, 
an entity described under subsection (b) shall submit to the Secretary 
an application in such form, at such time, and containing such 
information as the Secretary determines is appropriate.
    ``(d) Eligible Uses.--
            ``(1) In general.--A grant recipient may use funds awarded 
        under this section to demonstrate automated driving system 
        technologies, including--
                    ``(A) advanced safety systems, such as systems 
                using cellular technology, vehicle-to-vehicle and 
                vehicle-to-infrastructure communications, technologies 
                associated with autonomous vehicles, and other 
                collision avoidance technologies;
                    ``(B) innovative mobility solutions that involve 
                deployment of automated vehicles;
                    ``(C) automated driving systems that enhance safety 
                and mobility for elderly and disabled individuals;
                    ``(D) demonstration of shared interoperable fleet 
                of automated vehicles;
                    ``(E) demonstration and validation of exchanges of 
                data that can support the safe, efficient, and secure 
                interoperable integration of automated driving systems;
                    ``(F) any technology associated with automated 
                driving systems; and
                    ``(G) any deployment concept eligible under the 
                automated driving system demonstration grant program 
                carried out by the Department of Transportation before 
                the date of enactment of this section.
            ``(2) Additional uses.--A grant recipient may use funds 
        awarded under this section for infrastructure needs, including 
        capital expenses and maintenance activities, necessary to the 
        proper and safe operation of the automated driving system 
        technology.
    ``(e) Grant Selection.--
            ``(1) Grant awards.--The Secretary may award grants to not 
        less than 8 and not more than 10 eligible entities described 
        under subsection (b) in a fiscal year.
            ``(2) Geographic diversity.--
                    ``(A) In general.--In awarding a grant under this 
                section, the Secretary shall ensure, to the maximum 
                extent practicable, that grant recipients represent 
                diverse geographic areas of the United States, 
                including urban areas and rural areas.
                    ``(B) Rural set-aside.--Not less than 20 percent of 
                the amounts made available to carry out this section 
                shall be reserved for projects serving rural areas, to 
                the extent there are sufficient eligible applications 
                for such projects.
    ``(f) Demonstration Requirements.--The Secretary shall ensure that 
any project carried out with funds provided under this section shall--
            ``(1) carry out research and development of automated 
        driving system technologies of Level 3 or greater, as such term 
        is defined under subsection (h);
            ``(2) include physical and fully operational 
        demonstrations;
            ``(3) include gathering and sharing of all relevant data 
        with the Department of Transportation and the relevant State 
        transportation agencies; and
            ``(4) address scalability to be applicable across the 
        United States to similar road environments.
    ``(g) Report.--Not later than 1 year after the date on which a 
grant recipient receives a grant under this section, and annually 
thereafter until such grant is expended, the recipient shall submit to 
the Secretary and to the transportation agency of the State in which 
the project takes place, a report that describes--
            ``(1) lessons learned and how the demonstration has met 
        project objectives;
            ``(2) a summary of any complications experienced with the 
        project, including complications related to pedestrians, 
        infrastructure, and other vehicles;
            ``(3) how to use the results of the project to help the 
        public interact and better understand the operations of 
        automated driving system technologies; and
            ``(4) recommendations for improving roadway characteristics 
        needed for the safe and efficient operation of automated 
        driving system technologies within the State or jurisdiction in 
        which the project took place.
    ``(h) Guidance Required.--Not later than 120 days after the date of 
enactment of this section, the Secretary shall issue guidance defining 
the term `Level 3 or greater' by considering industry best practices 
and standards, including the definition found within `Taxonomy and 
Definitions for Terms Related to Driving Automation Systems for On-Road 
Motor Vehicles' published by SAE International on June 15, 2018 
(J3016_201806), or subsequent versions.
    ``(i) Automated Driving System Technologies Defined.--In this 
section, the term `automated driving system technologies' means the 
hardware and software that are collectively capable of performing the 
entire dynamic driving task on a sustained basis, regardless of whether 
such capability is limited to a specific operational design domain.''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is further amended by adding at the end the 
following new item:

``522. Automated driving system demonstration program.''.
    (c) Preparing Roadways for Automated Vehicles.--Section 133(b) of 
title 23, United States Code, is amended by adding at the end the 
following:
            ``(16) Capital and maintenance expenses for infrastructure 
        improvements to ensure the proper and safe operation of 
        automated driving system technologies for which a demonstration 
        project was carried out under section 522.''.

SEC. 6004. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF ADVANCED 
              DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.

    (a) In General.--Section 503(c) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(4) Accelerated implementation and deployment of advanced 
        digital construction management systems.--
                    ``(A) In general.--Not later than 6 months after 
                the date of enactment of this paragraph, the Secretary 
                of Transportation shall establish and implement an 
                advanced digital construction management system program 
                under the technology and innovation deployment program 
                established under paragraph (1) and implemented 
                pursuant to paragraph (2) to--
                            ``(i) deploy advanced digital construction 
                        management systems that enable the use of 
                        digital technologies on construction sites by 
                        contractors and leverage the use of such 
                        technologies, including state-of-the-art 
                        automated and connected machinery and optimized 
                        routing software that allows individuals to 
                        perform tasks faster, safer, more accurately, 
                        and with minimal supervision;
                            ``(ii) accelerate State adoption of 
                        advanced digital construction management 
                        systems applied throughout the design, 
                        engineering, construction, and operations 
                        phases of a construction project that--
                                    ``(I) maximize interoperability 
                                with other systems, products, tools, or 
                                applications;
                                    ``(II) increase productivity;
                                    ``(III) manage complexity of a 
                                construction project;
                                    ``(IV) reduce project delays and 
                                cost overruns; and
                                    ``(V) enhance safety of individuals 
                                involved and quality of a construction 
                                project;
                            ``(iii) share information among 
                        stakeholders through reduced reliance on paper 
                        to manage construction processes and 
                        deliverables, including blueprints, design 
                        drawings, procurement and supply-chain orders, 
                        equipment logs, daily progress reports, and 
                        punch lists;
                            ``(iv) develop and deploy best practices 
                        for use in advanced digital construction 
                        management systems;
                            ``(v) increase the adoption and deployment 
                        of technology by States and units of local 
                        government that enables entities carrying out 
                        construction projects to--
                                    ``(I) integrate the adoption of 
                                advanced digital construction 
                                management systems and technologies in 
                                contracts; and
                                    ``(II) weigh the cost of 
                                digitization and technology in setting 
                                project budgets;
                            ``(vi) implement technology training and 
                        workforce development to build the capabilities 
                        of entities carrying out construction projects 
                        that enables States and units of local 
                        government to--
                                    ``(I) better manage projects using 
                                advanced digital construction 
                                management technologies; and
                                    ``(II) properly measure and reward 
                                technology adoption across construction 
                                projects carried out by the State or 
                                unit of local government;
                            ``(vii) develop guidance to assist States 
                        in updating regulations of such States to allow 
                        entities carrying out construction projects 
                        to--
                                    ``(I) report data relating to the 
                                project in digital formats; and
                                    ``(II) fully capture the 
                                efficiencies and benefits of advanced 
                                digital construction management systems 
                                and related technologies;
                            ``(viii) reduce the environmental footprint 
                        of construction projects by using advanced 
                        digital construction management systems to 
                        eliminate traffic congestion through more 
                        efficient projects; and
                            ``(ix) enhance worker and roadway user 
                        safety.
                    ``(B) Funding.--The Secretary shall obligate for 
                each of fiscal years 2022 through 2026 from funds made 
                available to carry out this subsection such funds as 
                may be necessary to carry out this paragraph.
                    ``(C) Publication.--
                            ``(i) In general.--At least once every 2 
                        years, the Secretary shall issue and make 
                        available to the public on the website of the 
                        Department of Transportation a report on--
                                    ``(I) progress made in the 
                                implementation of advanced digital 
                                construction management systems by 
                                States; and
                                    ``(II) the costs and benefits of 
                                the deployment of technology and 
                                innovations resulting from the program 
                                established under this paragraph.
                            ``(ii) Inclusions.--The report required 
                        under clause (i) may include an analysis of--
                                    ``(I) Federal, State, and local 
                                cost savings;
                                    ``(II) project delivery time 
                                improvements;
                                    ``(III) traffic congestion impacts; 
                                and
                                    ``(IV) safety improvements for 
                                roadway users and construction workers.
                    ``(D) Advanced digital construction management 
                systems defined.--In this paragraph, the term `advanced 
                digital construction management systems' means 
                commercially-proven digital technologies and processes 
                for the management of construction and engineering 
                activities, including--
                            ``(i) systems for infrastructure planning, 
                        coordination, construction, maintenance, 
                        modernization and management; and
                            ``(ii) asset management systems for 
                        machines, site equipment, and personnel.''.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the 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--
            (1) a description of--
                    (A) the status of the program carried out under 
                section 503(c)(4) of title 23, United States Code, and 
                any other use of advanced digital construction 
                management systems in each State; and
                    (B) the progress of each State toward accelerating 
                the adoption of advanced digital construction 
                management systems; and
            (2) an analysis of the savings in project delivery time and 
        project costs that can be achieved through the use of advanced 
        digital construction management systems.

SEC. 6005. INNOVATIVE PROJECT DELIVERY METHODS.

    Section 120(c)(3) of title 23, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) in clause (v) by striking ``or'' at the end;
                    (B) in clause (vi) by striking the period and 
                inserting ``; or''; and
                    (C) by inserting at the end the following:
                            ``(vii) advanced digital construction 
                        management systems as defined in section 
                        503(c)(4).''; and
            (2) in subparagraph (C)(i) by striking ``10 percent'' and 
        inserting ``25 percent''.

SEC. 6006. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.

    Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``States'' and inserting ``States 
                or groups of States''; and
                    (B) by inserting ``to motor fuel and diesel taxes'' 
                after ``alternative revenue mechanisms'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Application.--
            ``(1) In general.--To be eligible for a grant under this 
        section, a State or group of States shall submit to the 
        Secretary an application in such form and containing such 
        information as the Secretary shall require, including--
                    ``(A) for any State or group of States that has 
                received a grant to carry out a program under this 
                section, how such State or group of States will use the 
                grant to build on any such program;
                    ``(B) how the State or group of States will collect 
                and analyze data on--
                            ``(i) lowering the administrative cost to 
                        collect revenue;
                            ``(ii) user experience with and acceptance 
                        of a user-based alternative revenue mechanism;
                            ``(iii) impacts on rural and urban users;
                            ``(iv) potential revenue generation; and
                            ``(v) revenue collection compliance 
                        strategies; and
                    ``(C) for any State or group of States that has not 
                received a grant to carry out a program under this 
                section, how the State or group of States--
                            ``(i) will avoid redundancies with any 
                        other pilot programs for user-based alternative 
                        revenue mechanisms carried out by the 
                        applicant; and
                            ``(ii) plans to use best practices from any 
                        such pilot programs in structuring the program 
                        for which such funds are provided.
            ``(2) Application guidance.--Not later than 30 days after 
        the date of enactment of the STARTER Act 2.0, the Secretary 
        shall publish online guidance on submission of an application 
        for the program.'';
            (3) in subsection (c)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) To test the design, acceptance, equity, and 
        implementation of user-based alternative revenue mechanisms, 
        including among--
                    ``(A) differing income groups;
                    ``(B) various geographic areas;
                    ``(C) rural and urban drivers; and
                    ``(D) unique design requirements for certain motor 
                vehicles, including motorcycles.''; and
                    (B) in paragraph (5) by striking ``To minimize the 
                administrative cost'' and inserting ``To quantify and 
                minimize the administrative costs'';
            (4) in subsection (d)(1)(B) by inserting ``and the safety 
        of data collection'' before the semicolon;
            (5) in subsection (e) by striking ``shall'' and inserting 
        ``may'';
            (6) by striking subsection (g) and inserting the following:
    ``(g) Federal Share.--The Federal share of the cost of an activity 
carried out under this section may not exceed--
            ``(1) 80 percent of the total cost of an activity that 
        involves 2 or more States; and
            ``(2) 80 percent of the total cost of any activity not 
        described in paragraph (1).'';
            (7) in subsection (h)(2) by striking ``lessons learned'' 
        and inserting ``recommendations''; and
            (8) by striking subsections (j) and (k) and inserting the 
        following:
    ``(j) Funding.--Of the funds authorized to carry out section 503(b) 
of title 23, United States Code, the Secretary shall reserve such sums 
as may be necessary to carry out this section.
    ``(k) Planning Grants.--
            ``(1) Planning, preparation, design.--Of the funds 
        authorized to carry out this section, the Secretary may award 
        grants in amounts not to exceed 10 percent of such funds to 
        States or groups of States for the planning, preparation, or 
        design of projects eligible for funding under this section.
            ``(2) Eligible uses.--A State or group of States receiving 
        funding under this subsection may use the funds for planning, 
        preparation, or design of an implementable pilot project, as 
        well as the examination of issues related to data and privacy, 
        cybersecurity, and the financial analysis of urban and rural 
        impacts of a project.
            ``(3) Maximum amount.--A grant under this subsection shall 
        not exceed $1,000,000.
            ``(4) Eligibility requirement.--To be eligible to receive 
        funds under this subsection, an State or group of States shall 
        describe to the Secretary how the State or group of States--
                    ``(A) will avoid redundancies with any other pilot 
                programs for user-based alternative revenue mechanisms 
                carried out by the applicant; and
                    ``(B) plans to use best practices from any such 
                pilot programs in structuring the program for which 
                such funds are provided.
    ``(l) Grant Flexibility.--
            ``(1) In general.--If there are not enough grant 
        applications that meet the requirements of this section for a 
        fiscal year, the Secretary may transfer to the program under 
        section 503(b) of title 23, United States Code, to remain 
        available until expended--
                    ``(A) any of the funds reserved for the fiscal year 
                under subsection (j) that the Secretary has not yet 
                awarded under this section; and
                    ``(B) an amount of obligation limitation equal to 
                the amount of funds that the Secretary transfers under 
                this subsection.
            ``(2) Notification.--If, by August 1 of each fiscal year, 
        the Secretary determines that there are not enough grant 
        applications that meet the requirements of this section for a 
        fiscal year, the Secretary shall submit a written notification 
        of the intent to transfer funds under this subsection to the 
        Committee on Appropriations and the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Appropriations and the Committee on Environment 
        and Public Works of the Senate.
            ``(3) Authorization of transfer.--The Secretary shall carry 
        out the transfer described in paragraph (1) if the committees 
        described in paragraph (2) provide written authorization to the 
        Secretary for such transfer not later than 30 days after 
        receiving a notification under paragraph (2).''.

SEC. 6007. SURFACE TRANSPORTATION SYSTEM ROAD USAGE CHARGE NATIONAL 
              PILOT PROGRAM.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of the Treasury, shall establish a pilot program 
(referred to in this section as the ``Pilot Program'') to demonstrate 
implementation of a national per-mile road usage charge.
    (b) Objectives.--In establishing the Pilot Program, the Secretary 
of Transportation and the Secretary of the Treasury shall carry out the 
following objectives:
            (1) Test the design, acceptance, implementation, and 
        financial sustainability of a national per-mile road usage 
        charge.
            (2) Collect and report data on the differential effects of 
        a national per-mile road usage charge and the Federal motor 
        fuels tax between urban and rural drivers.
            (3) Collect and report data on the interoperability of road 
        usage charge collection between States.
            (4) Create and implement a national public awareness 
        campaign to increase public awareness regarding a national per-
        mile user fee, including distributing information related to 
        the pilot program carried out under this section and 
        information from the State surface transportation system 
        funding pilot program under section 6020 of the FAST Act (23 
        U.S.C. 503 note).
            (5) Address the need for additional revenue for surface 
        transportation infrastructure and a national per-mile user fee.
            (6) Provide recommendations regarding adoption and 
        implementation of a national per-mile road usage charge and a 
        recommendation for the amount of the national per-mile road 
        usage charge.
    (c) Surface Transportation System Road Usage Charge Advisory 
Board.--
            (1) In general.--In carrying out the Pilot Program, the 
        Secretary of Transportation shall establish a surface 
        transportation system road usage charge advisory board to--
                    (A) advance and implement the objectives under 
                subsection (b); and
                    (B) develop the recommendations and report under 
                subsection (j)(1).
            (2) Members.--The advisory board established under 
        paragraph (1) shall, at a minimum, be composed of a total of 15 
        representatives of the following entities, to be appointed by 
        the Secretary:
                    (A) State departments of transportation or State 
                transportation commissions.
                    (B) Local transportation agencies located within a 
                transportation management area (as identified or 
                designated under section 134(k) of title 23, United 
                States Code).
                    (C) Any public or nonprofit entity that carried out 
                a surface transportation system funding alternatives 
                pilot project under section 6020 of the FAST Act (23 
                U.S.C. 503 note).
                    (D) Owners and operators of toll facilities.
                    (E) Fleet operators of commercial motor vehicles.
                    (F) Academic experts on surface transportation.
                    (G) Private sector technology companies.
                    (H) Automobile manufacturers.
                    (I) Other members as designated by the Secretary.
            (3) Application of law.--The Federal Advisory Committee Act 
        (5 U.S.C. App.) shall not apply to the advisory board 
        established under paragraph (1).
    (d) Program Requirements.--In carrying out the Pilot Program, the 
Secretary of Transportation, in consultation with the Secretary of the 
Treasury, shall--
            (1) establish appropriate methods for reporting vehicle 
        miles traveled under the program;
            (2) solicit volunteer participants from all 50 states and 
        the District of Columbia;
            (3) ensure an appropriate geographic distribution by 
        population among volunteer participants;
            (4) enter into agreements, as practicable, with owners of 
        passenger and commercial motor vehicle fleets or law 
        enforcement motorcycle fleets for the collection and sharing of 
        anonymized data throughout the pilot program;
            (5) enter into agreements with entities of the passenger 
        motor vehicle industry, motorcycle industry, and commercial 
        vehicle industry to develop a technology standard for onboard 
        units used to report vehicle miles traveled; and
            (6) use components of and information from the State pilots 
        under section 6020 of the FAST Act (23 U.S.C. 503 note), as 
        applicable.
    (e) Methods.--In establishing a method for collecting information 
on vehicle miles traveled under the Pilot Program, the Secretary of 
Transportation shall consider the following:
            (1) Third-party on-board diagnostic system-II devices.
            (2) Smart phone applications.
            (3) Solicitation of voluntary reporting by volunteer 
        participants.
            (4) Solicitation of voluntary reporting by car insurance 
        companies.
            (5) Solicitation of voluntary reporting through State 
        departments of motor vehicles.
            (6) Any other method that the Secretary of Transportation 
        considers appropriate.
    (f) Privacy of Participants.--Not later than 30 days after 
establishing the Pilot Program, the Secretary of Transportation, in 
consultation with the Secretary of the Treasury, shall issue policies 
to--
            (1) protect the privacy and security of volunteer 
        participants and their vehicles; and
            (2) secure the data provided by volunteer participants.
    (g) Calculation of Per-Mile Road Usage Charge.--For the purposes of 
the Pilot Program, the Secretary of the Treasury shall establish on an 
annual basis--
            (1) for motor vehicles that are not commercial motor 
        vehicles, a per mile road usage charge that is equivalent to 
        the annual gas tax revenues collected pursuant to section 4081 
        of the Internal Revenue Code of 1986 divided by the total 
        vehicle miles traveled by such motor vehicles; and
            (2) for commercial motor vehicles, a per mile road usage 
        charge equivalent to the annual diesel tax revenues collected 
        pursuant to section 4041 of the Internal Revenue Code of 1986 
        divided by the total vehicle miles traveled by medium and 
        heavy-duty trucks.
    (h) Revenue Collection.--
            (1) In general.--The Secretary of the Treasury, in 
        coordination with the Secretary of Transportation, may 
        establish a mechanism to collect a per-mile road usage charge 
        from volunteer participants under the Pilot Program that--
                    (A) may be adjusted as needed to address technical 
                challenges; and
                    (B) may allow third-party vendors to collect the 
                payments and submit such payments to the Secretary of 
                the Treasury.
            (2) Limitation on revenue collected.--Any revenue collected 
        under this section shall not be considered a toll under section 
        301 of title 23, United States Code.
            (3) Highway trust fund.--Notwithstanding any other 
        provision of law, the Secretary of the Treasury shall ensure 
        that any revenue collected under this section is deposited into 
        the Highway Trust Fund.
    (i) Refund.--The Secretary of the Treasury shall annually calculate 
and issue an equivalent refund to volunteer participants for any 
otherwise applicable Federal motor fuel taxes under sections 4041 and 
4081 of the Internal Revenue Code of 1986.
    (j) Reports.--
            (1) Advisory board.--Not later than 1 year after the date 
        on which the surface transportation system road usage charge 
        advisory board is established under subsection (c), such board 
        shall submit to the Secretary of Transportation a report on the 
        progress of the Pilot Program in meeting the objectives 
        described in subsection (b).
            (2) Report to congress.--Not later than 1 year after the 
        date on which volunteer participants begin participating in the 
        Pilot Program, and each year thereafter, the Secretary of 
        Transportation and the Secretary of the Treasury shall submit 
        to the Committee on Transportation and Infrastructure and the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Environment and Public Works and the Committee 
        on Finance of the Senate a report on the Pilot Program, 
        including the report and recommendations submitted to the 
        Secretary under paragraph (1).
    (k) Definitions.--In this section:
            (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given the term in section 31101 of 
        title 49, United States Code.
            (2) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established under section 9503 of 
        the Internal Revenue Code of 1986.
            (3) Volunteer participant.--The term ``volunteer 
        participant'' means--
                    (A) the individual owner of a passenger motor 
                vehicle or commercial motor vehicle who volunteers to 
                participate in the Pilot Program; and
                    (B) the owner of a fleet of commercial motor 
                vehicles or passenger motor vehicles who volunteers to 
                participate in the Pilot Program.

SEC. 6008. IMPLEMENTATION OF PER-MILE ROAD USAGE CHARGE FOR FEDERAL 
              VEHICLES.

    Not later than October 1, 2026, the Secretary of Transportation 
shall issue such regulations as are necessary to--
            (1) establish and implement a per-mile road charge for all 
        vehicles owned and operated by the Federal Government, at a 
        rate determined by the Secretary; and
            (2) provide for reimbursement for annual gas tax revenues 
        paid on behalf of such vehicles.

                         TITLE VII--RESILIENCY

SEC. 7001. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, 
              EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) GRANT 
              PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:
``Sec. 173. Promoting Resilient Operations for Transformative, 
              Efficient, and Cost-Saving Transportation (PROTECT) grant 
              program
    ``(a) Definitions.--In this section:
            ``(1) Emergency event.--The term `emergency event' means--
                    ``(A) a natural disaster or catastrophic failure or 
                an imminent natural disaster or catastrophic failure 
                resulting in an emergency declared by the Governor of 
                the State in which the disaster or failure occurred or 
                will occur; or
                    ``(B) an event for which the President declares a 
                major disaster or emergency under section 401 or 501, 
                respectively, of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5170 and 5191).
            ``(2) Evacuation route.--The term `evacuation route' means 
        a transportation route or system that--
                    ``(A) is owned, operated, or maintained by a 
                Federal, State, Indian Tribe, or local government or a 
                private entity;
                    ``(B) is used--
                            ``(i) to transport the public away from 
                        emergency events; or
                            ``(ii) to transport emergency responders 
                        and recovery resources; and
                    ``(C) is designated by the eligible entity with 
                jurisdiction over the area in which the route is 
                located for the purposes described in subparagraph (B).
            ``(3) Indian tribe.--The term `Indian tribe' has the 
        meaning given such term in section 207(m)(1).
            ``(4) Program.--The term `program' means the grant program 
        established under subsection (b)(1).
            ``(5) Resilience improvement.--The term `resilience 
        improvement' means the use of materials or structural or 
        nonstructural techniques, including natural infrastructure--
                    ``(A) that allow a project--
                            ``(i) to better anticipate, prepare for, 
                        and adapt to changing conditions and to 
                        withstand and respond to disruptions; or
                            ``(ii) to be better able to continue to 
                        serve the primary function of the project 
                        during and after emergency events for the 
                        expected life of the project; or
                    ``(B) that--
                            ``(i) reduce the cost, magnitude, and 
                        duration of the effects of emergency events on 
                        a project; or
                            ``(ii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease project vulnerability to emergency 
                        events.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a grant 
        program, to be known as the `Promoting Resilient Operations for 
        Transformative, Efficient, and Cost-saving Transportation grant 
        program' or the `PROTECT grant program'.
            ``(2) Purpose.--The purpose of the program is to provide 
        grants for resilience improvements through--
                    ``(A) formula funding distributed to States;
                    ``(B) competitive planning grants to enable 
                communities to assess vulnerabilities to emergency 
                events, and plan infrastructure improvements and 
                emergency response strategies to address such 
                vulnerabilities; and
                    ``(C) competitive resilience improvement grants to 
                protect--
                            ``(i) infrastructure assets by making the 
                        assets more resilient to current and future 
                        weather events and natural disasters, including 
                        severe storms, flooding, tornados, drought, 
                        levee and dam failures, wildfire, landslides, 
                        sea level rise, extreme weather (including 
                        extreme temperature), and earthquakes;
                            ``(ii) communities through resilience 
                        improvements and strategies that allow for the 
                        continued operation or rapid recovery of 
                        surface transportation systems that--
                                    ``(I) serve critical local, 
                                regional, and national needs, including 
                                evacuation routes; and
                                    ``(II) provide access or service to 
                                hospitals and other medical or 
                                emergency service facilities, major 
                                employers, critical manufacturing 
                                centers, ports and intermodal 
                                facilities, utilities, and Federal 
                                facilities;
                            ``(iii) coastal infrastructure, such as a 
                        tide gate, that is at long-term risk to sea 
                        level rise; and
                            ``(iv) natural infrastructure that protects 
                        and enhances surface transportation assets 
                        while improving ecosystem conditions, including 
                        culverts that ensure adequate flows in rivers 
                        and estuarine systems.
    ``(c) Formula Awards.--
            ``(1) Distribution of funds to states.--
                    ``(A) In general.--For each fiscal year, the 
                Secretary shall distribute among the States the amounts 
                made available to carry out this subsection for that 
                fiscal year in accordance with subparagraph (B).
                    ``(B) Distribution.--The amount for each State 
                shall be determined by multiplying the total amount 
                made available to carry out this subsection for the 
                applicable fiscal year by the ratio that--
                            ``(i) the total base apportionment for the 
                        State under section 104(c); bears to
                            ``(ii) the total base apportionments for 
                        all States under section 104(c).
            ``(2) Eligible activities.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a State shall use funds made 
                available under paragraph (1) to carry out activities 
                eligible under subparagraph (A), (B), or (C) of 
                subsection (d)(4).
                    ``(B) Planning set-aside.--Of the amounts made 
                available to each State under paragraph (1) for each 
                fiscal year, not less than 2 percent shall be for 
                activities described in subsection (d)(3).
            ``(3) Requirements.--
                    ``(A) Projects in certain areas.--If a project 
                under this subsection is carried out, in whole or in 
                part, within a base floodplain, the State shall--
                            ``(i) identify the base floodplain in which 
                        the project is to be located and disclose that 
                        information to the Secretary; and
                            ``(ii) indicate to the Secretary whether 
                        the State plans to implement 1 or more 
                        components of the risk mitigation plan under 
                        section 322 of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5165) with respect to the area.
                    ``(B) Eligibilities.--A State shall use funds made 
                available under paragraph (1) for--
                            ``(i) a highway project eligible for 
                        assistance under this title;
                            ``(ii) a public transportation facility or 
                        service eligible for assistance under chapter 
                        53 of title 49; or
                            ``(iii) a facility or service for intercity 
                        rail passenger transportation (as defined in 
                        section 24102 of title 49).
                    ``(C) System resilience.--A project carried out by 
                a State with funds made available under this subsection 
                may include, consistent with State hazard mitigation 
                plans, the use of natural infrastructure or the 
                construction or modification of storm surge, flood 
                protection, or aquatic ecosystem restoration elements 
                that are functionally connected to a transportation 
                improvement, such as--
                            ``(i) increasing marsh health and total 
                        area adjacent to a highway right-of-way to 
                        promote additional flood storage;
                            ``(ii) upgrades to and installation of 
                        culverts designed to withstand 100-year flood 
                        events;
                            ``(iii) upgrades to and installation of 
                        tide gates to protect highways; and
                            ``(iv) upgrades to and installation of 
                        flood gates to protect tunnel entrances.
                    ``(D) Federal cost share.--
                            ``(i) In general.--Except as provided in 
                        subsection (f)(1), the Federal share of the 
                        cost of a project carried out using funds made 
                        available under paragraph (1) shall not exceed 
                        80 percent of the total cost of the project.
                            ``(ii) Non-federal share.--A State may use 
                        Federal funds other than Federal funds made 
                        available under this subsection to meet the 
                        non-Federal cost share requirement for a 
                        project under this subsection.
                    ``(E) Eligible project costs.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), eligible project costs for 
                        activities carried out by a State with funds 
                        made available under paragraph (1) may include 
                        the costs of--
                                    ``(I) development phase activities, 
                                including planning, feasibility 
                                analysis, revenue forecasting, 
                                environmental review, preliminary 
                                engineering and design work, and other 
                                preconstruction activities; and
                                    ``(II) construction, 
                                reconstruction, rehabilitation, and 
                                acquisition of real property (including 
                                land related to the project and 
                                improvements to land), environmental 
                                mitigation, construction contingencies, 
                                acquisition of equipment directly 
                                related to improving system 
                                performance, and operational 
                                improvements.
                            ``(ii) Eligible planning costs.--In the 
                        case of a planning activity described in 
                        subsection (d)(3) that is carried out by a 
                        State with funds made available under paragraph 
                        (1), eligible costs may include development 
                        phase activities, including planning, 
                        feasibility analysis, revenue forecasting, 
                        environmental review, preliminary engineering 
                        and design work, other preconstruction 
                        activities, and other activities consistent 
                        with carrying out the purposes of subsection 
                        (d)(3).
                    ``(F) Limitations.--In carrying out this 
                subsection, a State--
                            ``(i) may use not more than 25 percent of 
                        the amounts made available under this 
                        subsection for the construction of new capacity 
                        so long as such inclusion is cost-effective and 
                        is directly related to the underlying project; 
                        and
                            ``(ii) may use not more than 10 percent of 
                        the amounts made available under this 
                        subsection for activities described in 
                        subparagraph (E)(i)(I).
    ``(d) Competitive Awards.--
            ``(1) In general.--In addition to funds distributed to 
        States under subsection (c)(1), the Secretary shall provide 
        grants on a competitive basis under this subsection to eligible 
        entities described in paragraph (2).
            ``(2) Eligible entities.--The Secretary may make a grant 
        under this subsection to any of the following:
                    ``(A) A State or political subdivision of a State.
                    ``(B) A metropolitan planning organization.
                    ``(C) A unit of local government.
                    ``(D) A special purpose district or public 
                authority with a transportation function, including a 
                port authority.
                    ``(E) An Indian tribe.
                    ``(F) A Federal land management agency that applies 
                jointly with a State or group of States.
                    ``(G) A multi-State or multijurisdictional group of 
                entities described in subparagraphs (A) through (F).
            ``(3) Planning grants.--Using funds made available for 
        purposes under this subsection, the Secretary shall provide 
        planning grants to eligible entities for the purpose of--
                    ``(A) in the case of a State or metropolitan 
                planning organization, developing a resilience 
                improvement plan under subsection (f)(2);
                    ``(B) resilience planning, predesign, design, or 
                the development of data tools to simulate 
                transportation disruption scenarios, including 
                vulnerability assessments;
                    ``(C) technical capacity building by the eligible 
                entity to facilitate the ability of the eligible entity 
                to assess the vulnerabilities of the infrastructure 
                assets and community response strategies of the 
                eligible entity under current conditions and a range of 
                potential future conditions; or
                    ``(D) evacuation planning and preparation.
            ``(4) Resilience grants.--
                    ``(A) Resilience improvement grants.--
                            ``(i) In general.--Using funds made 
                        available for purposes under this subsection, 
                        the Secretary shall provide resilience 
                        improvement grants to eligible entities to 
                        carry out 1 or more eligible activities under 
                        clause (ii).
                            ``(ii) Eligible activities.--
                                    ``(I) In general.--An eligible 
                                entity may use a resilience improvement 
                                grant under this subparagraph for 1 or 
                                more construction activities to enable 
                                an existing surface transportation 
                                infrastructure asset to withstand or 
                                reduce the costs and impact of 1 or 
                                more elements of an emergency event, or 
                                to increase the resilience of surface 
                                transportation infrastructure from the 
                                costs and impacts of changing 
                                conditions, such as sea level rise, 
                                flooding, extreme weather events, and 
                                other natural disasters.
                                    ``(II) Inclusions.--An activity 
                                eligible to be carried out under this 
                                subparagraph includes--
                                            ``(aa) resurfacing, 
                                        restoration, rehabilitation, 
                                        reconstruction, replacement, 
                                        improvement, or realignment of 
                                        an existing surface 
                                        transportation facility 
                                        eligible for assistance under 
                                        this title;
                                            ``(bb) the incorporation of 
                                        natural infrastructure;
                                            ``(cc) the upgrade of an 
                                        existing surface transportation 
                                        facility to meet or exceed 
                                        Federal Highway Administration 
                                        approved design standards;
                                            ``(dd) the installation of 
                                        mitigation measures that 
                                        prevent the intrusion of 
                                        floodwaters into surface 
                                        transportation systems;
                                            ``(ee) strengthening 
                                        systems that remove rainwater 
                                        from surface transportation 
                                        facilities;
                                            ``(ff) a resilience project 
                                        that addresses identified 
                                        vulnerabilities described in 
                                        the resilience improvement plan 
                                        of the eligible entity, if 
                                        applicable;
                                            ``(gg) relocating roadways 
                                        in a base floodplain to higher 
                                        ground above projected flood 
                                        elevation levels, or away from 
                                        slide prone areas;
                                            ``(hh) stabilizing slide 
                                        areas or slopes;
                                            ``(ii) installing riprap;
                                            ``(jj) lengthening or 
                                        raising bridges to increase 
                                        waterway openings, including to 
                                        respond to extreme weather;
                                            ``(kk) deepening channels 
                                        to prevent flooding;
                                            ``(ll) increasing the size 
                                        or number of drainage 
                                        structures;
                                            ``(mm) installing seismic 
                                        retrofits on bridges;
                                            ``(nn) adding scour 
                                        protection at bridges;
                                            ``(oo) adding scour, stream 
                                        stability, coastal, and other 
                                        hydraulic countermeasures, 
                                        including spur dikes; and
                                            ``(pp) any other protective 
                                        features, including natural 
                                        infrastructure, 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 
                                        eligible activity proposed to 
                                        be carried out by the eligible 
                                        entity exceed the costs of the 
                                        activity; and
                                            ``(bb) there is a need to 
                                        address the vulnerabilities of 
                                        infrastructure assets of the 
                                        eligible entity with a high 
                                        risk of, and impacts associated 
                                        with, failure due to the 
                                        impacts of emergency events or 
                                        changing conditions, such as 
                                        sea level rise and increased 
                                        flood risk; or
                                    ``(II) the eligible activity 
                                proposed to be carried out by the 
                                eligible entity is included in the 
                                applicable resilience improvement plan 
                                under subsection (f)(2).
                    ``(B) Community resilience and evacuation route 
                grants.--
                            ``(i) In general.--Using funds made 
                        available for purposes under this subsection, 
                        the Secretary shall provide community 
                        resilience and evacuation route grants to 
                        eligible entities to carry out 1 or more 
                        eligible activities under clause (ii).
                            ``(ii) Eligible activities.--An eligible 
                        entity may use a community resilience and 
                        evacuation route grant under this subparagraph 
                        for 1 or more projects that strengthen and 
                        protect evacuation routes that are essential 
                        for providing and supporting evacuations caused 
                        by emergency events, including a project that--
                                    ``(I) is an eligible activity under 
                                subparagraph (A)(ii), if such eligible 
                                activity will improve an evacuation 
                                route;
                                    ``(II) ensures the ability of the 
                                evacuation route to provide safe 
                                passage during an evacuation and 
                                reduces the risk of damage to 
                                evacuation routes as a result of future 
                                emergency events, including restoring 
                                or replacing existing evacuation routes 
                                that are in poor condition or not 
                                designed to meet the anticipated demand 
                                during an emergency event, and 
                                including steps to protect routes from 
                                mud, rock, or other debris slides;
                                    ``(III) if the Secretary determines 
                                that existing evacuation routes are not 
                                sufficient to adequately facilitate 
                                evacuations, including the 
                                transportation of emergency responders 
                                and recovery resources, expands the 
                                capacity of evacuation routes to 
                                swiftly and safely accommodate 
                                evacuations, including installation 
                                of--
                                            ``(aa) communications and 
                                        intelligent transportation 
                                        system equipment and 
                                        infrastructure;
                                            ``(bb) counterflow 
                                        measures; or
                                            ``(cc) shoulders;
                                    ``(IV) is for the construction of--
                                            ``(aa) new or redundant 
                                        evacuation routes, if the 
                                        Secretary determines that 
                                        existing evacuation routes are 
                                        not sufficient to adequately 
                                        facilitate evacuations, 
                                        including the transportation of 
                                        emergency responders and 
                                        recovery resources; or
                                            ``(bb) sheltering 
                                        facilities that are 
                                        functionally connected to an 
                                        eligible project;
                                    ``(V) is for the acquisition of 
                                evacuation route or traffic incident 
                                management equipment, vehicles, or 
                                signage; or
                                    ``(VI) will ensure access or 
                                service to critical destinations, 
                                including hospitals and other medical 
                                or emergency service facilities, major 
                                employers, critical manufacturing 
                                centers, ports and intermodal 
                                facilities, utilities, and Federal 
                                facilities.
                            ``(iii) Priority.--The Secretary shall 
                        prioritize community resilience and evacuation 
                        route grants under this subparagraph for 
                        eligible activities that are cost-effective, as 
                        determined by the Secretary, taking into 
                        account--
                                    ``(I) current and future 
                                vulnerabilities to an evacuation route 
                                due to future occurrence or recurrence 
                                of emergency events that are likely to 
                                occur in the geographic area in which 
                                the evacuation route is located; and
                                    ``(II) projected changes in 
                                development patterns, demographics, and 
                                extreme weather events based on the 
                                best available evidence and analysis.
                            ``(iv) Consultation.--In providing grants 
                        for community resilience and evacuation routes 
                        under this subparagraph, the Secretary shall 
                        consult with the Administrator of the Federal 
                        Emergency Management Agency, who shall provide 
                        technical assistance to the Secretary and to 
                        eligible entities.
                    ``(C) At-risk coastal infrastructure grants.--
                            ``(i) Definition of coastal state.--In this 
                        subparagraph, the term `coastal State' means--
                                    ``(I) a State in, or bordering on, 
                                the Atlantic, Pacific, or Arctic Ocean, 
                                the Gulf of Mexico, the Long Island 
                                Sound, or 1 or more of the Great Lakes;
                                    ``(II) the United States Virgin 
                                Islands;
                                    ``(III) Guam;
                                    ``(IV) American Samoa;
                                    ``(V) the Commonwealth of the 
                                Northern Mariana Islands; and
                                    ``(VI) Puerto Rico.
                            ``(ii) Grants.--Using funds made available 
                        for purposes under this subsection, the 
                        Secretary shall provide at-risk coastal 
                        infrastructure grants to eligible entities in 
                        coastal States to carry out 1 or more eligible 
                        activities under clause (iii).
                            ``(iii) Eligible activities.--An eligible 
                        entity may use an at-risk coastal 
                        infrastructure grant under this subparagraph 
                        for strengthening, stabilizing, hardening, 
                        elevating, relocating, or otherwise enhancing 
                        the resilience of highway and non-rail 
                        infrastructure, including bridges, roads, 
                        pedestrian walkways, and bicycle lanes, and 
                        associated infrastructure (such as culverts and 
                        tide gates) that are subject to, or face 
                        increased long-term future risks of, an 
                        emergency event or changing conditions, 
                        including coastal flooding, coastal erosion, 
                        wave action, storm surge, or sea level rise, in 
                        order to improve transportation and public 
                        safety and to reduce costs by avoiding larger 
                        future maintenance or rebuilding costs.
                            ``(iv) Criteria.--The Secretary shall 
                        provide at-risk coastal infrastructure grants 
                        under this subparagraph for a project--
                                    ``(I) that addresses the risks from 
                                a current or future weather event or 
                                natural disaster, including coastal 
                                flooding, coastal erosion, wave action, 
                                storm surge, or sea level rise; and
                                    ``(II) that reduces long-term 
                                infrastructure costs by avoiding larger 
                                future maintenance or rebuilding costs.
                            ``(v) Coastal benefits.--In addition to the 
                        criteria under clause (iv), for the purpose of 
                        providing at-risk coastal infrastructure grants 
                        under this subparagraph, the Secretary shall 
                        evaluate the extent to which a project will 
                        provide--
                                    ``(I) access to coastal homes, 
                                businesses, communities, and other 
                                critical infrastructure, including 
                                access by first responders and other 
                                emergency personnel; or
                                    ``(II) access to a designated 
                                evacuation route.
            ``(5) Grant requirements.--
                    ``(A) Solicitations for grants.--In providing 
                grants under this subsection, the Secretary shall 
                conduct a transparent and competitive national 
                solicitation process to select eligible projects to 
                receive grants under paragraph (3) and subparagraphs 
                (A), (B), and (C) of paragraph (4).
                    ``(B) Applications.--
                            ``(i) In general.--To be eligible to 
                        receive a grant under paragraph (3) or 
                        subparagraph (A), (B), or (C) of paragraph (4), 
                        an eligible entity shall submit to the 
                        Secretary an application in such form, at such 
                        time, and containing such information as the 
                        Secretary determines to be necessary.
                            ``(ii) Projects in certain areas.--If a 
                        project is proposed to be carried out by the 
                        eligible entity, in whole or in part, within a 
                        base floodplain, the eligible entity shall--
                                    ``(I) as part of the application, 
                                identify the floodplain in which the 
                                project is to be located and disclose 
                                that information to the Secretary; and
                                    ``(II) indicate in the application 
                                whether, if selected, the eligible 
                                entity will implement 1 or more 
                                components of the risk mitigation plan 
                                under section 322 of the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165) with 
                                respect to the area.
                    ``(C) Eligibilities.--The Secretary may make a 
                grant under paragraph (3) or subparagraph (A), (B), or 
                (C) of paragraph (4) only for--
                            ``(i) a highway project eligible for 
                        assistance under this title;
                            ``(ii) a public transportation facility or 
                        service eligible for assistance under chapter 
                        53 of title 49; or
                            ``(iii) a facility or service for intercity 
                        rail passenger transportation (as defined in 
                        section 24102 of title 49).
                    ``(D) System resilience.--A project for which a 
                grant is provided under paragraph (3) or subparagraph 
                (A), (B), or (C) of paragraph (4) may include the use 
                of natural infrastructure or the construction or 
                modification of storm surge, flood protection, or 
                aquatic ecosystem restoration elements that the 
                Secretary determines are functionally connected to a 
                transportation improvement, such as--
                            ``(i) increasing marsh health and total 
                        area adjacent to a highway right-of-way to 
                        promote additional flood storage;
                            ``(ii) upgrades to and installation of 
                        culverts designed to withstand 100-year flood 
                        events;
                            ``(iii) upgrades to and installation of 
                        tide gates to protect highways; and
                            ``(iv) upgrades to and installation of 
                        flood gates to protect tunnel entrances.
                    ``(E) Federal cost share.--
                            ``(i) Planning grant.--The Federal share of 
                        the cost of a planning activity carried out 
                        using a planning grant under paragraph (3) 
                        shall be 100 percent.
                            ``(ii) Resilience grants.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II) and 
                                subsection (f)(1), the Federal share of 
                                the cost of a project carried out using 
                                a grant under subparagraph (A), (B), or 
                                (C) of paragraph (4) shall not exceed 
                                80 percent of the total cost of the 
                                project.
                                    ``(II) Tribal projects.--On the 
                                determination of the Secretary, the 
                                Federal share of the cost of a project 
                                carried out using a grant under 
                                subparagraph (A), (B), or (C) of 
                                paragraph (4) by an Indian tribe may be 
                                up to 100 percent.
                            ``(iii) Non-federal share.--The eligible 
                        entity may use Federal funds other than Federal 
                        funds provided under this subsection to meet 
                        the non-Federal cost share requirement for a 
                        project carried out with a grant under this 
                        subsection.
                    ``(F) Eligible project costs.--
                            ``(i) Resilience grant projects.--Eligible 
                        project costs for activities funded with a 
                        grant under subparagraph (A), (B), or (C) of 
                        paragraph (4) may include the costs of--
                                    ``(I) development phase activities, 
                                including planning, feasibility 
                                analysis, revenue forecasting, 
                                environmental review, preliminary 
                                engineering and design work, and other 
                                preconstruction activities; and
                                    ``(II) construction, 
                                reconstruction, rehabilitation, and 
                                acquisition of real property (including 
                                land related to the project and 
                                improvements to land), environmental 
                                mitigation, construction contingencies, 
                                acquisition of equipment directly 
                                related to improving system 
                                performance, and operational 
                                improvements.
                            ``(ii) Planning grants.--Eligible project 
                        costs for activities funded with a grant under 
                        paragraph (3) may include the costs of 
                        development phase activities, including 
                        planning, feasibility analysis, revenue 
                        forecasting, environmental review, preliminary 
                        engineering and design work, other 
                        preconstruction activities, and other 
                        activities consistent with carrying out the 
                        purposes of that paragraph.
                    ``(G) Limitations.--An eligible entity that 
                receives a grant under subparagraph (A), (B), or (C) of 
                paragraph (4)--
                            ``(i) may use not more than 25 percent of 
                        the amount of the grant for the construction of 
                        new capacity so long as such inclusion is cost-
                        effective and is directly related to the 
                        underlying project; and
                            ``(ii) may use not more than 10 percent of 
                        the amount of the grant for activities 
                        described in subparagraph (F)(i)(I).
                    ``(H) Distribution of grants.--
                            ``(i) In general.--Subject to the 
                        availability of funds, an eligible entity may 
                        request and the Secretary may distribute funds 
                        for a grant under this subsection on a multi-
                        year basis, as the Secretary determines to be 
                        necessary.
                            ``(ii) Rural set-aside.--Of the amounts 
                        made available to carry out this subsection for 
                        each fiscal year, the Secretary shall use not 
                        less than 25 percent for grants for projects 
                        located in areas that are outside an urbanized 
                        area with a population of over 200,000.
                            ``(iii) Tribal set-aside.--Of the amounts 
                        made available to carry out this subsection for 
                        each fiscal year, the Secretary shall use not 
                        less than 2 percent for grants to Indian 
                        tribes.
                            ``(iv) Reallocation.--For any fiscal year, 
                        if the Secretary determines that the amount 
                        described in clause (ii) or (iii) will not be 
                        fully utilized for the grant described in that 
                        clause, the Secretary may reallocate the 
                        unutilized funds to provide grants to other 
                        eligible entities under this subsection.
    ``(e) Consultation.--In carrying out the program, the Secretary 
shall--
            ``(1) consult with the Assistant Secretary of the Army for 
        Civil Works, the Administrator of the Environmental Protection 
        Agency, the Secretary of the Interior, and the Secretary of 
        Commerce; and
            ``(2) solicit technical support from the Administrator of 
        the Federal Emergency Management Agency.
    ``(f) Resilience Improvement Plan and Lower Non-Federal Share.--
            ``(1) Federal share reductions.--
                    ``(A) In general.--A State that receives funds 
                under subsection (c) or an eligible entity that 
                receives a grant under subsection (d) shall have the 
                non-Federal share of a project carried out with the 
                funds or grant, as applicable, reduced by an amount 
                described in subparagraph (B) if the State or eligible 
                entity meets the applicable requirements under that 
                subparagraph.
                    ``(B) Amount of reductions.--
                            ``(i) Resilience improvement plan.--Subject 
                        to clause (iii), the amount of the non-Federal 
                        share of the costs of a project carried out 
                        with funds under subsection (c) or a grant 
                        under subsection (d) shall be reduced by 7 
                        percentage points if--
                                    ``(I) in the case of a State or an 
                                eligible entity that is a State or a 
                                metropolitan planning organization, the 
                                State or eligible entity has--
                                            ``(aa) developed a 
                                        resilience improvement plan in 
                                        accordance with this 
                                        subsection; and
                                            ``(bb) prioritized the 
                                        project on that resilience 
                                        improvement plan; and
                                    ``(II) in the case of an eligible 
                                entity not described in subclause (I), 
                                the eligible entity is located in a 
                                State or an area served by a 
                                metropolitan planning organization that 
                                has--
                                            ``(aa) developed a 
                                        resilience improvement plan in 
                                        accordance with this 
                                        subsection; and
                                            ``(bb) prioritized the 
                                        project on that resilience 
                                        improvement plan.
                            ``(ii) Incorporation of resilience 
                        improvement plan in other planning.--Subject to 
                        clause (iii), the amount of the non-Federal 
                        share of the cost of a project carried out with 
                        funds under subsection (c) or a grant under 
                        subsection (d) shall be reduced by 3 percentage 
                        points if--
                                    ``(I) in the case of a State or an 
                                eligible entity that is a State or a 
                                metropolitan planning organization, the 
                                resilience improvement plan developed 
                                in accordance with this subsection has 
                                been incorporated into the metropolitan 
                                transportation plan under section 134 
                                or the long-range statewide 
                                transportation plan under section 135, 
                                as applicable; and
                                    ``(II) in the case of an eligible 
                                entity not described in subclause (I), 
                                the eligible entity is located in a 
                                State or an area served by a 
                                metropolitan planning organization that 
                                incorporated a resilience improvement 
                                plan into the metropolitan 
                                transportation plan under section 134 
                                or the long-range statewide 
                                transportation plan under section 135, 
                                as applicable.
                            ``(iii) Limitations.--
                                    ``(I) Maximum reduction.--A State 
                                or eligible entity may not receive a 
                                reduction under this paragraph of more 
                                than 10 percentage points for any 
                                single project carried out with funds 
                                under subsection (c) or a grant under 
                                subsection (d).
                                    ``(II) No negative non-federal 
                                share.--A reduction under this 
                                paragraph shall not reduce the non-
                                Federal share of the costs of a project 
                                carried out with funds under subsection 
                                (c) or a grant under subsection (d) to 
                                an amount that is less than zero.
            ``(2) Plan contents.--A resilience improvement plan 
        referred to in paragraph (1)--
                    ``(A) shall be for the immediate and long-range 
                planning activities and investments of the State or 
                metropolitan planning organization with respect to 
                resilience;
                    ``(B) shall demonstrate a systemic approach to 
                transportation system resilience and be consistent with 
                and complementary of the State and local mitigation 
                plans required under section 322 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5165);
                    ``(C) shall--
                            ``(i) include a risk-based assessment of 
                        vulnerabilities of transportation assets and 
                        systems to current and future extreme weather 
                        events and natural disasters, including severe 
                        storms, flooding, tornados, drought, levee and 
                        dam failures, wildfire, landslides, sea level 
                        rise, extreme weather events, including extreme 
                        temperatures, and earthquakes;
                            ``(ii) designate evacuation routes and 
                        strategies, including multimodal facilities, 
                        designated with consideration for individuals 
                        without access to personal vehicles;
                            ``(iii) plan for response to anticipated 
                        emergency events, including plans for the 
                        mobility of--
                                    ``(I) emergency response personnel 
                                and equipment; and
                                    ``(II) access to emergency 
                                services, including for vulnerable or 
                                disadvantaged populations;
                            ``(iv) describe the resilience improvement 
                        policies, including strategies, land-use and 
                        zoning changes, investments in natural 
                        infrastructure, or performance measures that 
                        will inform the transportation investment 
                        decisions of the State or metropolitan planning 
                        organization with the goal of increasing 
                        resilience;
                            ``(v) include an investment plan that--
                                    ``(I) includes a list of priority 
                                projects; and
                                    ``(II) describes how funds provided 
                                by a grant under the program would be 
                                invested and matched, which shall not 
                                be subject to fiscal constraint 
                                requirements; and
                            ``(vi) use science and data and indicate 
                        the source of data and methodologies; and
                    ``(D) shall, as appropriate--
                            ``(i) include a description of how the plan 
                        will improve the ability of the State or 
                        metropolitan planning organization--
                                    ``(I) to respond promptly to the 
                                impacts of weather events and natural 
                                disasters; and
                                    ``(II) to be prepared for changing 
                                conditions, such as sea level rise and 
                                increased flood risk;
                            ``(ii) describe the codes, standards, and 
                        regulatory framework, if any, adopted and 
                        enforced to ensure resilience improvements 
                        within the impacted area of proposed projects 
                        included in the resilience improvement plan;
                            ``(iii) consider the benefits of combining 
                        hard infrastructure assets, and natural 
                        infrastructure, through coordinated efforts by 
                        the Federal Government and the States;
                            ``(iv) assess the resilience of other 
                        community assets, including buildings and 
                        housing, emergency management assets, and 
                        energy, water, and communication 
                        infrastructure;
                            ``(v) use a long-term planning period; and
                            ``(vi) include such other information as 
                        the eligible entity considers appropriate.
            ``(3) No new planning requirements.--Nothing in this 
        section requires a metropolitan planning organization or a 
        State to develop a resilience improvement plan or to include a 
        resilience improvement plan under the metropolitan 
        transportation plan under section 134 or the long-range 
        statewide transportation plan under section 135, as applicable, 
        of the metropolitan planning organization or State.
    ``(g) Monitoring.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Secretary, in consultation 
        with the officials described in subsection (e), shall--
                    ``(A) establish, for the purpose of evaluating the 
                effectiveness and impacts of projects carried out under 
                the program--
                            ``(i) subject to paragraph (2), 
                        transportation and any other metrics as the 
                        Secretary determines to be necessary; and
                            ``(ii) procedures for monitoring and 
                        evaluating projects based on those metrics; and
                    ``(B) select a representative sample of projects to 
                evaluate based on the metrics and procedures 
                established under subparagraph (A).
            ``(2) Notice.--Before adopting any metrics described in 
        paragraph (1), the Secretary shall--
                    ``(A) publish the proposed metrics in the Federal 
                Register; and
                    ``(B) provide to the public an opportunity for 
                comment on the proposed metrics.
    ``(h) Reports.--
            ``(1) Reports from eligible entities.--Not later than 1 
        year after the date on which a project carried out under the 
        program is completed, the entity that carried out the project 
        shall submit to the Secretary a report on the results of the 
        project and the use of the funds received under the program.
            ``(2) Reports to congress.--
                    ``(A) Annual reports.--The Secretary shall submit 
                to the Committee on Transportation and Infrastructure 
                of the House of Representatives and the Committee on 
                Environment and Public Works of the Senate, and publish 
                on the website of the Department of Transportation, an 
                annual report that describes the implementation of the 
                program during the preceding calendar year, including--
                            ``(i) each project for which a grant was 
                        provided under the program;
                            ``(ii) information relating to project 
                        applications received;
                            ``(iii) the manner in which the 
                        consultation requirements were implemented 
                        under this section;
                            ``(iv) recommendations to improve the 
                        administration of the program, including 
                        whether assistance from additional or fewer 
                        agencies to carry out the program is 
                        appropriate;
                            ``(v) the period required to disburse grant 
                        funds to recipients based on applicable Federal 
                        coordination requirements; and
                            ``(vi) a list of facilities that repeatedly 
                        require repair or reconstruction due to 
                        emergency events.
                    ``(B) Final report.--Not later than 5 years after 
                the date of enactment of the STARTER Act 2.0, the 
                Secretary shall submit to Congress a report that 
                includes the results of the reports submitted under 
                subparagraph (A). The Secretary shall use not more than 
                5 percent of the amounts made available to carry out 
                the program for each fiscal year for the costs of 
                administering the program, including monitoring and 
                evaluation under subsection (g).
                    ``(C) Consultation.--In developing guidance and 
                regulations, and in providing grants for under this 
                section, the Secretary shall consult with the 
                Administrator of the Federal Emergency Management 
                Agency, who shall provide technical assistance to the 
                Secretary and to eligible entities.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, as amended by this Act, is further amended by 
adding at the end the following:

``173. Promoting Resilient Operations for Transformative, Efficient, 
                            and Cost-saving Transportation (PROTECT) 
                            grant program.''.

SEC. 7002. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    Section 119 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2) by striking ``and'' at the 
                end;
                    (B) in paragraph (3) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) to provide support for measures to increase the 
        resiliency of Federal-aid highways and bridges on and off the 
        National Highway System to mitigate the impacts of sea level 
        rise, extreme weather events, flooding, or other natural 
        disasters.''; and
            (2) by adding at the end the following:
    ``(k) Protective Features.--
            ``(1) In general.--A State may use not more than 15 percent 
        of the funds apportioned to the State under section 104(b)(1) 
        for each fiscal year for 1 or more protective features on a 
        Federal-aid highway or bridge off the National Highway System, 
        if the protective feature is designed to mitigate the risk of 
        recurring damage, or the cost of future repairs, from extreme 
        weather events, flooding, or other natural disasters.
            ``(2) Protective features described.--A protective feature 
        referred to in paragraph (1) may include--
                    ``(A) raising roadway grades;
                    ``(B) relocating roadways in a base floodplain to 
                higher ground above projected flood elevation levels or 
                away from slide prone areas;
                    ``(C) stabilizing slide areas;
                    ``(D) stabilizing slopes;
                    ``(E) installing riprap;
                    ``(F) lengthening or raising bridges to increase 
                waterway openings;
                    ``(G) deepening channels to prevent flooding;
                    ``(H) increasing the size or number of drainage 
                structures;
                    ``(I) replacing culverts with bridges or upsizing 
                culverts;
                    ``(J) repairing or maintaining tide gates;
                    ``(K) installing seismic retrofits on bridges;
                    ``(L) adding scour protection at bridges;
                    ``(M) adding scour, stream stability, coastal, or 
                other hydraulic countermeasures, including spur dikes;
                    ``(N) the use of natural infrastructure to mitigate 
                the risk of recurring damage or the cost of future 
                repair from extreme weather events, flooding, or other 
                natural disasters; and
                    ``(O) any other features that mitigate the risk of 
                recurring damage or the cost of future repair as a 
                result of extreme weather events, flooding, or other 
                natural disasters, as determined by the Secretary.
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to limit the ability of a State to carry out a 
        project otherwise eligible under subsection (d) using funds 
        apportioned under section 104(b)(1).''.

SEC. 7003. RESILIENCE IN FEDERAL-AID HIGHWAY PROGRAMS.

    (a) Definitions.--Section 101(a) of title 23, United States Code, 
is amended--
            (1) by redesignating paragraphs (17) through (22) as 
        paragraphs (18) through (23), respectively;
            (2) by redesignating paragraphs (23) through (34) as 
        paragraphs (25) through (36), respectively;
            (3) by inserting after paragraph (16) the following:
            ``(17) Natural infrastructure.--
                    ``(A) In general.--The term `natural 
                infrastructure' means infrastructure that uses, 
                restores, or emulates natural ecological processes 
                and--
                            ``(i) is created through the action of 
                        natural physical, geological, biological, and 
                        chemical processes over time;
                            ``(ii) is created by human design, 
                        engineering, and construction to emulate or act 
                        in concert with natural processes; or
                            ``(iii) involves the use of plants, soils, 
                        and other natural features, including through 
                        the creation, restoration, or preservation of 
                        vegetated areas using materials appropriate to 
                        the region to manage stormwater and runoff, to 
                        attenuate flooding and storm surges, and for 
                        other related purposes.
                    ``(B) Inclusion.--The term `natural infrastructure' 
                includes green infrastructure and nature-based 
                solutions.''; and
            (4) by inserting after paragraph (23), as so redesignated, 
        the following:
            ``(24) Resilience.--The term `resilience', with respect to 
        a project, means a project with the ability to anticipate, 
        prepare for, or adapt to conditions or withstand, respond to, 
        or recover rapidly from disruptions, including the ability--
                    ``(A) to--
                            ``(i) resist hazards or withstand impacts 
                        from weather events and natural disasters; or
                            ``(ii) reduce the magnitude or duration of 
                        impacts of a disruptive weather event or 
                        natural disaster on a project; and
                    ``(B) to have the absorptive capacity, adaptive 
                capacity, and recoverability to decrease project 
                vulnerability to weather events or other natural 
                disasters.''.
    (b) National Highway Performance Program.--Section 119(d)(2) of 
title 23, United States Code, is amended by adding at the end the 
following:
                    ``(Q) Improving the resilience of projects funded 
                under this section, including through the use of 
                natural infrastructure.''.
    (c) Surface Transportation Block Grant Program.--Section 133(b) of 
title 23, United States Code, is amended by adding at the end the 
following:
            ``(16) Projects to improve the resilience of a 
        transportation facility, including through the use of natural 
        infrastructure, otherwise eligible for assistance under this 
        section.''.
    (d) Tribal Transportation Program.--Section 202(a)(1)(A) of title 
23, United States Code, is amended--
            (1) in clause (vii) by striking ``; and'' and inserting a 
        semicolon;
            (2) by redesginating clause (viii) as clause (ix); and
            (3) by inserting after clause (vii) the following:
                            ``(viii) projects to improve the resilience 
                        of a tribal transportation facility, including 
                        through the use of natural infrastructure; 
                        and''.
    (e) Federal Lands Transportation Program.--Section 203(a)(1)(A) of 
title 23, United States Code, is amended--
            (1) in clause (vi) by striking ``; and'' and inserting a 
        semicolon;
            (2) by redesignating clause (vii) as clause (viii); and
            (3) by inserting after clause (vi) the following:
                            ``(vii) projects to improve the resilience 
                        of a tribal transportation facility, including 
                        through the use of natural infrastructure; 
                        and''.
    (f) Federal Lands Access Program.--Section 204(a)(1)(A) of title 
23, United States Code, is amended--
            (1) in clause (v) by striking ``; and'' and inserting a 
        semicolon;
            (2) by redesignating clause (vi) as clause (vii); and
            (3) by inserting after clause (v) the following:
                            ``(vi) projects to improve the resilience 
                        of a tribal transportation facility, including 
                        through the use of natural infrastructure; 
                        and''.

SEC. 7004. RESILIENCY IN TRANSIT.

    Section 5324 of title 49, United States Code, is amended by--
            (1) striking ``and'' at the end of subsection (b)(1);
            (2) striking the period at the end of subsection (b)(2)(B) 
        and inserting ``; and''; and
            (3) by adding at the end of subsection (b) the following 
        new paragraph:
            ``(3) mitigation projects and activities that the Secretary 
        determines are cost effective and which substantially reduce 
        the risk of, or increase resilience to, future damage, 
        hardship, or loss, related to equipment and facilities of a 
        public transportation system operating in the United States or 
        on an Indian reservation that the Secretary determines is in 
        danger of suffering serious damage, or has suffered serious 
        damage, as a result of an emergency.''.

SEC. 7005. HIGHWAY EMERGENCY RELIEF AND RESILIENCY.

    (a) In General.--Section 125 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(1), by inserting ``wildfire, sea 
        level rise,'' after ``severe storm'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Restriction on Eligibility.--Funds under this section shall 
not be used for the repair or reconstruction of a bridge that has been 
permanently closed to all vehicular traffic by a Federal, State, 
Tribal, or local official because of imminent danger of collapse due to 
a structural deficiency or physical deterioration.''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)(A)--
                            (i) by striking the period at the end and 
                        inserting ``; and'';
                            (ii) by striking ``a facility that meets 
                        the current'' and inserting the following: ``a 
                        facility that--
                            ``(i) meets the current''; and
                            (iii) by adding at the end the following:
                            ``(ii) incorporates economically 
                        justifiable improvements designed and 
                        demonstrated to mitigate and reduce the risk of 
                        recurring damage from extreme weather events, 
                        flooding, or other natural disasters.'';
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively; and
                    (C) by inserting after paragraph (2) the following:
            ``(3) Protective features.--
                    ``(A) In general.--The cost of an improvement that 
                is part of a project under this section shall be an 
                eligible expense under this section if the improvement 
                is a protective feature that is designed and 
                demonstrated to mitigate and reduce the risk of 
                recurring damage, or the cost of future repair, from 
                extreme weather events, flooding, or other natural 
                disasters.
                    ``(B) Protective features described.--A protective 
                feature referred to in subparagraph (A) may include--
                            ``(i) raising roadway grades;
                            ``(ii) relocating roadways in a base 
                        floodplain to higher ground above projected 
                        flood elevation levels or away from slide prone 
                        areas;
                            ``(iii) stabilizing slide areas;
                            ``(iv) stabilizing slopes;
                            ``(v) installing riprap;
                            ``(vi) lengthening or raising bridges to 
                        increase waterway openings;
                            ``(vii) deepening channels to prevent 
                        flooding;
                            ``(viii) increasing the size or number of 
                        drainage structures;
                            ``(ix) replacing culverts with bridges or 
                        upsizing culverts;
                            ``(x) repairing or maintaining tide gates;
                            ``(xi) installing seismic retrofits on 
                        bridges;
                            ``(xii) adding scour protection at bridges;
                            ``(xiii) adding scour, stream stability, 
                        coastal, and other hydraulic countermeasures, 
                        including spur dikes;
                            ``(xiv) the use of natural infrastructure 
                        to mitigate the risk of recurring damage or the 
                        cost of future repair from extreme weather 
                        events, flooding, or other natural disasters; 
                        and
                            ``(xv) any other features that mitigate the 
                        risk of recurring damage or the cost of future 
                        repair as a result of extreme weather events, 
                        flooding, or other natural disasters, as 
                        determined by the Secretary.''.
    (b) Emergency Relief Projects.--
            (1) Definition of emergency relief project.--In this 
        section, the term ``emergency relief project'' means a project 
        carried out under the emergency relief program under section 
        125 of title 23, United States Code.
            (2) Improving the emergency relief program.--Not later than 
        90 days after the date of enactment of this Act, the Secretary 
        shall--
                    (A) revise the emergency relief manual of the 
                Federal Highway Administration--
                            (i) to include and reflect the definition 
                        of the term ``resilience'' (as defined in 
                        section 101(a) of title 23, United States 
                        Code);
                            (ii) to ensure resilience measures are cost 
                        effective and substantially reduce the risk of, 
                        or increase resilience to, future damage, 
                        hardship, loss, or suffering in any area 
                        affected by a major disaster or emergency 
                        declared by the President under section 401 of 
                        the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5170);
                            (iii) to identify procedures that States 
                        may use to incorporate resilience into 
                        emergency relief projects; and
                            (iv) to encourage the use of Complete 
                        Streets design principles and consideration of 
                        access for moderate and low-income families 
                        impacted by a major disaster or emergency 
                        declared by the President under section 401 of 
                        the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5170);
                    (B) develop best practices for improving the use of 
                resilience in--
                            (i) the emergency relief program under 
                        section 125 of title 23, United States Code; 
                        and
                            (ii) emergency relief efforts;
                    (C) provide to division offices of the Federal 
                Highway Administration and State departments of 
                transportation information on the best practices 
                developed under paragraph (2); and
                    (D) develop and implement a process to track--
                            (i) the consideration of resilience as part 
                        of the emergency relief program under section 
                        125 of title 23, United States Code; and
                            (ii) the measurement of risk reduction and 
                        costs of emergency relief projects.
            (3) Consultation.--In carrying out actions pursuant to 
        paragraph (2), the Secretary shall consult with the 
        Administrator of the Federal Emergency Management Agency to 
        ensure resiliency guidance and activities are consistent with 
        and do not conflict with other resiliency and mitigation 
        activities and priorities.

SEC. 7006. HIGHWAY RESILIENCY INCENTIVES.

    Section 120(c) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(4) Protective features.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Federal share payable for the 
                cost of a protective feature on a Federal-aid highway 
                or bridge project under this title may be up to 100 
                percent, at the discretion of the State, if the 
                protective feature is an improvement designed and 
                demonstrated to mitigate and reduce the risk of 
                recurring damage, or the cost of future repair, from 
                extreme weather events, flooding, or other natural 
                disasters.
                    ``(B) Protective features described.--A protective 
                feature referred to in subparagraph (A) may include--
                            ``(i) raising roadway grades;
                            ``(ii) relocating roadways in a base 
                        floodplain to higher ground above projected 
                        flood elevation levels or away from slide prone 
                        areas;
                            ``(iii) stabilizing slide areas;
                            ``(iv) stabilizing slopes;
                            ``(v) installing riprap;
                            ``(vi) lengthening or raising bridges to 
                        increase waterway openings;
                            ``(vii) deepening channels to prevent 
                        flooding;
                            ``(viii) increasing the size or number of 
                        drainage structures;
                            ``(ix) replacing culverts with bridges or 
                        upsizing culverts;
                            ``(x) repairing or maintaining tide gates;
                            ``(xi) installing seismic retrofits on 
                        bridges;
                            ``(xii) adding scour protection at bridges;
                            ``(xiii) adding scour, stream stability, 
                        coastal, and other hydraulic countermeasures, 
                        including spur dikes;
                            ``(xiv) the use of natural infrastructure 
                        to mitigate and reduce the risk of recurring 
                        damage or the cost of future repair from 
                        extreme weather events, flooding, or other 
                        natural disasters; and
                            ``(xv) any other features that mitigate and 
                        reduce the risk of recurring damage or the cost 
                        of future repair as a result of extreme weather 
                        events, flooding, or other natural disasters, 
                        as determined by the Secretary.''.

SEC. 7007. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.

    Upon the issuance of guidance pursuant to section 1228 of the 
Disaster Recovery Reform Act of 2018 (Public Law 115-254), the 
Administrator of the Federal Highway Administration, in consultation 
with the Administrator of the Federal Emergency Management Agency, 
shall review such guidance and issue guidance regarding repair, 
restoration, and replacement of inundated and submerged roads damaged 
or destroyed by a major disaster declared pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) with respect to roads eligible for assistance under Federal 
Highway Administration programs.

SEC. 7008. GUIDANCE ON EVACUATION ROUTES.

    (a) In General.--
            (1) Guidance.--The Administrator of the Federal Highway 
        Administration, in coordination with the Administrator of the 
        Federal Emergency Management Agency and consistent with 
        guidance issued by the Federal Emergency Management Agency 
        pursuant to section 1209 of the Disaster Recovery Reform Act of 
        2018 (Public Law 115-254), shall revise existing guidance or 
        issue new guidance as appropriate for State, local, and Indian 
        Tribal governments regarding the design, construction, 
        maintenance, and repair of evacuation routes.
            (2) Considerations.--In revising or issuing guidance under 
        subsection (a)(1), the Administrator of the Federal Highway 
        Administration shall consider--
                    (A) methods that assist evacuation routes to--
                            (i) withstand likely risks to viability, 
                        including flammability and hydrostatic forces;
                            (ii) improve durability, strength 
                        (including the ability to withstand tensile 
                        stresses and compressive stresses), and 
                        sustainability; and
                            (iii) provide for long-term cost savings;
                    (B) the ability of evacuation routes to effectively 
                manage contraflow operations;
                    (C) for evacuation routes on public lands, the 
                viewpoints of the applicable Federal land management 
                agency regarding emergency operations, sustainability, 
                and resource protection; and
                    (D) such other items the Administrator of the 
                Federal Highway Administration considers appropriate.
            (3) Report.--In the case in which the Administrator of the 
        Federal Highway Administration, in consultation with the 
        Administrator of the Federal Emergency Management Agency, 
        concludes existing guidance addresses the considerations in 
        paragraph (2), the Administrator of the Federal Highway 
        Administration shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives, the 
        Committee on Environment and Public Works of the Senate, and 
        the Committee on Commerce, Science, and Transportation of the 
        Senate a detailed report describing how existing guidance 
        addresses such considerations.
    (b) Study.--The Administrator of the Federal Highway 
Administration, in coordination with the Administrator of the Federal 
Emergency Management Agency and State, local, territorial, and Indian 
Tribal governments, shall--
            (1) conduct a study of the adequacy of available evacuation 
        routes to accommodate the flow of evacuees; and
            (2) submit recommendations to Congress on how to help with 
        anticipated evacuation route flow, based on the study conducted 
        under paragraph (1).

SEC. 7009. DEFINITIONS.

    Section 101(a) of title 23, United States Code, is amended--
            (1) in paragraph (4)(A) by inserting ``assessing 
        resilience,'' after ``surveying,''; and
            (2) by adding at the end the following:
            ``(35) Resilience.--Unless otherwise specified, the term 
        `resilience', with respect to a project, means a project with 
        the ability to anticipate, prepare for, or adapt to conditions 
        or mitigate against, withstand, respond to, or recover rapidly 
        from, disruptions, including the ability--
                    ``(A) to resist hazards, mitigate against, reduce 
                costs associated with, or withstand impacts from, 
                weather events and natural disasters; or
                    ``(B) to have the absorptive capacity, adaptive 
                capacity, and recoverability to decrease project 
                vulnerability to weather events or other natural 
                disasters.''.

SEC. 7010. UNIVERSITY TRANSPORTATION CENTERS.

    Section 5505 of title 49, United States Code, is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B) by striking ``and'' at the 
                end;
                    (B) in subparagraph (C) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) to consider the ability to anticipate, 
                prepare for, or adapt to conditions or withstand, 
                increase resiliency to, reduce costs related to, 
                respond to, or recover rapidly from, disruptions 
                resulting from extreme weather events and natural 
                disasters.'';
            (2) in subsection (b)(4)(A) by striking ``research 
        priorities identified in chapter 65.'' and inserting the 
        following: ``following research priorities:
                            ``(i) Improving the mobility of people and 
                        goods.
                            ``(ii) Reducing congestion.
                            ``(iii) Promoting safety.
                            ``(iv) Improving the durability and 
                        extending the life of transportation 
                        infrastructure and the existing transportation 
                        system.
                            ``(v) Improving the ability to anticipate, 
                        prepare for, or adapt to conditions or 
                        withstand, respond to, or recover rapidly from, 
                        disruptions resulting from extreme weather 
                        events and natural disasters.''; and
            (3) in subsection (c)(4)--
                    (A) in subparagraph (C) by adding at the end the 
                following: ``In awarding grants under this section, the 
                Secretary shall also select not less than 1 grant 
                recipient with each of the following focus areas:
                            ``(i) Improving the ability to anticipate, 
                        prepare for, or adapt to conditions or 
                        withstand, increase resiliency to, reduce costs 
                        related to, respond to, or recover rapidly from 
                        disruptions resulting from extreme weather 
                        events and natural disasters.
                            ``(ii) Developing innovative road designs, 
                        materials, and restoration strategies to better 
                        enhance the durability and structural integrity 
                        of roads and subgrade soils that may become 
                        inundated during extreme weather events.
                            ``(iii) Enhancing the viability and 
                        durability of evacuation routes, including ways 
                        to effectively manage contraflow operations to 
                        minimize casualties.''; and
                    (B) by adding at the end the following:
                    ``(D) Considerations for selected institutions.--
                            ``(i) In general.--Tier 1 transportation 
                        centers awarded a grant under this paragraph 
                        with a focus area described in subparagraph (C) 
                        shall consider the following areas for 
                        research:
                                    ``(I) Developing new materials and 
                                improving the performance and 
                                resiliency of existing materials for 
                                the construction of roads, bridges, 
                                rail, and related transportation 
                                infrastructure.
                                    ``(II) Reducing local, State, 
                                Federal, and Tribal costs associated 
                                with natural disasters and severe 
                                weather.
                                    ``(III) Innovative technologies and 
                                approaches to pre-mitigate against 
                                severe weather.
                                    ``(IV) The durability of roadways 
                                and subgrade with respect to 
                                flammability and hydrostatic forces.
                                    ``(V) Strategies to mitigate the 
                                costs associated with vulnerabilities 
                                in Federal evacuation routes, with 
                                respect to overcrowding and inundation.
                            ``(ii) Activities.--A tier 1 transportation 
                        center receiving a grant under this section 
                        with a focus area described in subparagraph (C) 
                        may--
                                    ``(I) establish best practices;
                                    ``(II) develop modeling tools; and
                                    ``(III) carry out other activities 
                                and develop technology that addresses 
                                the planning considerations described 
                                in clause (i).''.

SEC. 7011. PRE-DISASTER HAZARD MITIGATION PILOT PROGRAM.

    (a) In General.--Section 125 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(h) Pre-Disaster Hazard Mitigation Pilot Program.--
            ``(1) In general.--The Secretary shall establish a pre-
        disaster mitigation program for the purpose of mitigating 
        future hazards posed to Federal-aid highways.
            ``(2) Distribution of funds.--Every 6 months, the Secretary 
        shall total the amount of funds made available to each State, 
        territory, Tribe, or other eligible entity under the emergency 
        relief program during the preceding 6 months and remit an 
        additional 5 percent from the Highway Trust Fund to such State, 
        territory, Tribe, or other eligible entity for eligible 
        activities described in paragraph (3).
            ``(3) Eligible activities.--Funds made available under 
        paragraph (2) shall be used for mitigation projects and 
        activities that the Secretary determines are cost effective and 
        which substantially reduce the risk of, or increase resilience 
        to, future damage as a result of natural disasters, such as by 
        flood, hurricane, tidal wave, earthquake, wildfire, severe 
        storm, or landslide by upgrading existing assets to meet or 
        exceed design standards adopted by the Federal Highway 
        Administration by means of the following:
                    ``(A) Relocating or elevating roadways.
                    ``(B) Increasing the size or number of drainage 
                structures, including culverts.
                    ``(C) Installing mitigation measures to prevent the 
                impairment of transportation assets as a result of the 
                intrusion of floodwaters.
                    ``(D) Improving bridges to expand water capacity 
                and prevent flooding.
                    ``(E) Deepening channels to prevent asset 
                inundation and improve drainage.
                    ``(F) improving strength of natural features 
                adjacent to highway right-of-way to promote additional 
                flood storage.
                    ``(G) Installing or upgrading tide gates and flood 
                gates.
                    ``(H) Stabilizing slide areas or slopes.
                    ``(I) Installing seismic retrofits for bridges.
                    ``(J) Adding scour protection at bridges.
                    ``(K) Adding scour, stream stability, coastal, or 
                other hydraulic countermeasures, including riprap.
                    ``(L) Installing intelligent transportation system 
                equipment to monitor infrastructure quality.
                    ``(M) Any other protective features as determined 
                by the Secretary.
            ``(4) Report.--The Secretary shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives, the Committee on Environment and Public Works 
        of the Senate, and the Committee on Commerce, Science, and 
        Transportation of the Senate an annual report detailing--
                    ``(A) a description of the activities carried out 
                under the pilot program;
                    ``(B) an evaluation of the effectiveness of the 
                pilot program in meeting purposes described in 
                paragraph (1); and
                    ``(C) policy recommendations to improve the 
                effectiveness of the pre-disaster mitigation pilot 
                program.''.
    (b) Sunset.--The amendments made by this section shall be repealed 
on the date that is 5 years after the date of enactment of this Act.

                 TITLE VIII--FREIGHT RAIL MANUFACTURING

SEC. 8001. SHORT TITLE.

    This title may be cited as the ``A Future for Freight Rail 
Manufacturing Act of 2021'' or the ``AFFRM Act of 2021''.

SEC. 8002. REQUIREMENTS FOR RAILROAD FREIGHT CARS ENTERING SERVICE IN 
              THE UNITED STATES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, any Association of American Railroads (in this title 
referred to as ``AAR'') approved railroad freight car manufactured on 
or after such date may operate on the United States rail interchange 
system only if--
            (1) the railroad freight car is manufactured or assembled 
        or substantially transformed by a qualified builder in a 
        qualified facility;
            (2) none of the sensitive technology located on the 
        railroad freight car, including components necessary to the 
        functionality of the sensitive technology, originates or is 
        sourced from a country specified in section 8004 or a State-
        Owned Enterprise; and
            (3) none of the content of the railroad freight car that 
        originates from a country specified in section 8004 or a State-
        Owned Enterprise has been determined by a recognized court or 
        administrative agency of competent jurisdiction and legal 
        authority to have violated or infringed valid U.S. intellectual 
        property rights of another including such a finding by a 
        Federal district court under the Patent Act or the U.S. 
        International Trade Commission under section 337 of the Tariff 
        Act of 1930.
    (b) Content.--
            (1) In general.--Any Railroad Freight Car Manufacturer and 
        AAR approved railroad freight car manufactured on or after such 
        date may operate on the United States rail interchange system 
        only if the railroad freight car has a content percentage that 
        originates from a country specified in section 8004 or a State-
        Owned Enterprise of--
                    (A) beginning on the date of enactment of this Act, 
                not more than 20 percent; and
                    (B) beginning on the date that is 24 months after 
                the date of enactment of this Act, not more than 15 
                percent.
            (2) Application of law.--The content percentages specified 
        in this section apply notwithstanding any conflict with the 
        provisions of chapter 4 of the Agreement between the United 
        States of American, the United Mexican States, and Canada (Dec. 
        13, 2019).

SEC. 8003. REGULATIONS; PENALTIES.

    (a) Regulations Required.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to carry out this Act, including for the 
monitoring, enforcement, and sensitive technology requirements of this 
title.
    (b) Compliance.--A Railroad Freight Car Manufacturer will certify 
such manufacturer is meeting the requirements of this Act and 
noncompliant railroad freight cars may not be registered under the AAR 
Umler system.
    (c) Civil Penalties.--Any railroad freight car manufacturer that 
has manufactured a railroad freight car for the North American 
Interchange system that the Secretary of Transportation determines, 
after written notice and an opportunity for a hearing, has violated 
this Act is liable to the United States Government for a civil penalty 
of at least $150,000 but not more than $500,000 for each violation for 
each such railroad freight car and thereafter barred from release of 
such railroad freight car for operation on the North American 
Interchange system. The noncompliant railroad freight car may re-enter 
service upon re-certification from the railroad freight car 
manufacturer after paying the civil penalty and meeting compliance of 
this title.

SEC. 8004. COUNTRY SPECIFIED.

    A country specified in this section is a country that--
            (1) is identified by the Department of Commerce as a 
        nonmarket economy country (as defined in section 771(18) of the 
        Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of 
        enactment of this Act; and
            (2)(A) was identified by the United States Trade 
        Representative in the most recent report required by section 
        182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority 
        watch country or watch country; or
            (B) is subject to monitoring by the Trade Representative 
        under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

SEC. 8005. DEFINITIONS.

    In this title:
            (1) Content.--The term ``content'' means the net cost of 
        the railroad freight car less the cost of sensitive technology.
            (2) Control.--The term ``control'' means the power, whether 
        direct or indirect and whether or not exercised, through the 
        ownership of a majority or a dominant minority of the total 
        outstanding voting interest in an entity, representation on the 
        board of directors of an entity, proxy voting on the board of 
        directors of an entity, a special share in the entity, a 
        contractual arrangement with the entity, a formal or informal 
        arrangement to act in concert with an entity, or any other 
        means, to determine, direct, make decisions, or cause decisions 
        to be made for the entity.
            (3) Cost of sensitive technology.--The term ``cost of 
        sensitive technology'' means the aggregate cost of the 
        sensitive technology located on the railroad freight car.
            (4) Net cost.--The term ``net cost'' means the net cost as 
        defined in chapter 4 of the United States-Mexico-Canada Free 
        Trade Agreement or any subsequent free trade agreement between 
        the United States, Mexico, and Canada.
            (5) Originate; originating.--The terms ``originate'' and 
        ``originating'' mean the country or origin of a part, 
        component, subassembly or finished product as defined in 
        chapter 4 of the United States-Mexico-Canada Free Trade 
        Agreement or any subsequent free trade agreement between the 
        United States, Mexico, and Canada.
            (6) Qualified facility.--The term ``qualified facility'' 
        means a facility that is not under the control of a State-Owned 
        Enterprise.
            (7) Qualified railroad freight car builder.--The term 
        ``qualified railroad freight rail car builder'' means a builder 
        that is not under the control of a State-Owned Enterprise.
            (8) Railcar component supplier.--The term ``railcar 
        component supplier'' means an enterprise that supplies railroad 
        freight car components for the manufacturing of railroad 
        freight cars.
            (9) Railroad freight car.--The term ``railroad freight 
        car'' means a car designed to carry freight, or railroad 
        personnel, by rail and includes--
                    (A) box car;
                    (B) refrigerator car;
                    (C) ventilator car;
                    (D) stack car or intermodal well;
                    (E) gondola car;
                    (F) hopper car;
                    (G) auto rack car;
                    (H) flat car;
                    (I) special car;
                    (J) caboose car;
                    (K) tank car; and
                    (L) yard car.
            (10) Railroad freight car manufacturer.--The term 
        ``railroad freight rail car manufacturer'' is defined as a 
        builder of railroad freight rail cars as defined in the 
        definition of railroad freight car.
            (11) Sensitive technology.--The term ``sensitive 
        technology'' means any device embedded with electronics, 
        software, sensors, or other connectivity, except those freight 
        rail parts as defined as ``safety-critical'' in section 236.903 
        of title 49, Code of Federal Regulations, or any successor 
        regulations, that enables the device to connect, collect, or 
        exchange data, including--
                    (A) onboard telematics;
                    (B) remote monitoring software;
                    (C) firmware;
                    (D) analytics;
                    (E) GPS satellite and cellular location tracking 
                systems;
                    (F) event status sensors;
                    (G) predictive component condition and performance 
                monitoring sensors; and
                    (H) similar sensitive technologies embedded into 
                freight railcar components and subassemblies.
            (12) State-owned enterprise.--The term ``state-owned 
        enterprise'' means--
                    (A) an entity that is owned by or under the control 
                of a national, provincial, or local government of a 
                country or an agency of such government of a country as 
                described in section 8004; or
                    (B) an individual acting under the direction or 
                control of a government or agency described in 
                subparagraph (A).
            (13) Substantially transformed.--The term ``substantially 
        transformed'' means a component undergoes an applicable change 
        in tariff classification as a result of the manufacturing 
        process as outlined in chapter 4 and related Annexes of the 
        United States-Mexico-Canada Free Trade Agreement or any 
        subsequent free trade agreement between the United States, 
        Mexico, and Canada.
                                 <all>