Title: INVEST in America Act
Policy area: Transportation and Public Works

Summary:
Investing in a New Vision for the Environment and Surface Transportation in America Act or the INVEST in America Act
This bill addresses provisions related to federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs of the Department of Transportation (DOT).
Among other provisions, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7095 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7095

 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2020

Mr. DeFazio (for himself, Ms. Norton, and Mr. Lipinski) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.

    Be it enacted by the Senate and House of 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 ``Investing in a New 
Vision for the Environment and Surface Transportation in America Act'' 
or the ``INVEST in America Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2021

Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. Definitions.
                   DIVISION B--SURFACE TRANSPORTATION

Sec. 1001. Applicability of division.
                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
           Subtitle B--Programmatic Infrastructure Investment

Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
                 Subtitle C--Project-Level Investments

Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize 
                            and reconnect America for the 21st century.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.
   Subtitle D--Planning, Performance Management, and Asset Management

Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
           Subtitle E--Federal Lands, Tribes, and Territories

Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
                   Subtitle F--Additional Provisions

Sec. 1601. Toward zero deaths.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Appalachian development highway system funding flexibility.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian right-of-way.
Sec. 1607. Highway formula modernization report.
Sec. 1608. Consolidation of programs.
Sec. 1609. Student outreach report to Congress.
Sec. 1610. Task force on developing a 21st century surface 
                            transportation workforce.
Sec. 1611. On-the-job training and supportive services.
Sec. 1612. Work zone safety.
Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
             Subtitle B--Improving Frequency and Ridership

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive 
                            grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
         Subtitle C--Buy America and Other Procurement Reforms

Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
                     Subtitle D--Bus Grant Reforms

Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
                   Subtitle E--Supporting All Riders

Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
     Subtitle F--Supporting Frontline Workers and Passenger Safety

Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Automated vehicle transit workforce standards.
Sec. 2604. Performance-based metrics.
               Subtitle G--Transit-Supportive Communities

Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.
                         Subtitle H--Innovation

Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
               Subtitle I--Other Program Reauthorizations

Sec. 2901. Reauthorization for capital and preventive maintenance 
                            projects for Washington Metropolitan Area 
                            Transit Authority.
Sec. 2902. Other apportionments.
                        Subtitle J--Streamlining

Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
                   TITLE III--HIGHWAY TRAFFIC SAFETY

Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while 
                            intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
                     TITLE IV--MOTOR CARRIER SAFETY

   Subtitle A--Motor Carrier Safety Grants, Operations, and Programs

Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
               Subtitle B--Motor Carrier Safety Oversight

Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
           Subtitle C--Commercial Motor Vehicle Driver Safety

Sec. 4301. Commercial drivers license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
       Subtitle D--Commercial Motor Vehicle and School Bus Safety

Sec. 4401. School bus safety standards.
Sec. 4402. Illegal passing of school buses.
Sec. 4403. State inspection of passenger-carrying commercial motor 
                            vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
                          TITLE V--INNOVATION

Sec. 5001. Authorization of appropriations.
                  Subtitle A--Research and Development

Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic 
                            plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation 
                            research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat 
                            connectivity improvement.
Sec. 5108. Research activities.
                   Subtitle B--Technology Deployment

Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement 
                            technologies.
Sec. 5203. Federal Highway Administration Every Day Counts Initiative.
                   Subtitle C--Emerging Technologies

Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation 
                            clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and 
                            road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology 
                            Council.
Sec. 5306. Hyperloop transportation.
       Subtitle D--Surface Transportation Funding Pilot Programs

Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
                       Subtitle E--Miscellaneous

Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Reports.
                  TITLE VI--MULTIMODAL TRANSPORTATION

Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance 
                            Bureau.
Sec. 6008. Local hire.
  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 8001. Short title.
                        TITLE I--AUTHORIZATIONS

Sec. 8101. Authorization of appropriations.
          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

Sec. 8201. Repeal of certain requirements related to lithium cells and 
                            batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
Sec. 8204. Study on hazardous materials transported by commercial motor 
                            vehicles on highway-rail grade crossings.
                            DIVISION D--RAIL

Sec. 9001. Short title.
                        TITLE I--AUTHORIZATIONS

Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion 
                            grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement 
                            grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
                        TITLE II--AMTRAK REFORMS

Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Recreational trail access.
               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
                     TITLE IV--COMMUTER RAIL POLICY

Sec. 9401. Surface Transportation Board mediation of trackage use 
                            requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use 
                            requests.
                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

Sec. 9501. National Academies study on safety impact of trains longer 
                            than 7,500 feet.
Sec. 9502. GAO study on changes in freight railroad operating and 
                            scheduling practices.
Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.
                   Subtitle B--Grade Crossing Safety

Sec. 9551. Grade crossing separation grant.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public 
                            grade crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.

  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2021

SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.

    (a) Extension of Federal Surface Transportation Programs.--
            (1) In general.--Except as otherwise provided in this 
        division, 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, 2020, are incorporated by 
        reference and shall continue in effect through September 30, 
        2021.
            (2) Authorization of appropriations.--
                    (A) Highway trust fund.--
                            (i) Highway account.--
                                    (I) In general.--Except as provided 
                                in subclause (II), there is authorized 
                                to be appropriated from the Highway 
                                Account for fiscal year 2021, for each 
                                program under the covered laws with 
                                respect to which amounts are authorized 
                                to be appropriated from such account 
                                for fiscal year 2020, an amount equal 
                                to the amount authorized for 
                                appropriation with respect to the 
                                program from such account for fiscal 
                                year 2020.
                                    (II) Administrative expenses.--
                                Notwithstanding any other provision of 
                                this division, there is authorized to 
                                be appropriated from the Highway 
                                Account for fiscal year 2021--
                                            (aa) $502,897,049 for 
                                        administrative expenses of the 
                                        Federal Highway Administration, 
                                        as described in section 104(a) 
                                        of title 23, United States 
                                        Code; and
                                            (bb) $30,086,000 for grant 
                                        administrative expenses of the 
                                        National Highway Traffic Safety 
                                        Administration, as described in 
                                        section 4001(a)(6) of the FAST 
                                        Act (Public Law 114-94).
                            (ii) Mass transit account.--There is 
                        authorized to be appropriated from the Mass 
                        Transit Account for fiscal year 2021, for each 
                        program under the covered laws with respect to 
                        which amounts are authorized to be appropriated 
                        from such account for fiscal year 2020, an 
                        amount equal to the amount authorized for 
                        appropriation with respect to the program from 
                        such account for fiscal year 2020.
                    (B) General fund.--
                            (i) In general.--Except as provided in 
                        clause (ii), there is authorized to be 
                        appropriated for fiscal year 2021, for each 
                        program with respect to which amounts are 
                        authorized to be appropriated for fiscal year 
                        2020 from an account other than the Highway 
                        Account or the Mass Transit Account under the 
                        titles described in subsection (b)(1), an 
                        amount not less than the amount authorized for 
                        appropriation with respect to the program under 
                        such titles for fiscal year 2020.
                            (ii) Administrative expenses.--
                        Notwithstanding any other provision of this 
                        division, there is authorized to be 
                        appropriated from the general fund of the 
                        Treasury for fiscal year 2021 $140,016,543 for 
                        administrative expenses of the Federal Transit 
                        Administration.
            (3) Use of funds.--Except as otherwise provided in this 
        division, amounts authorized to be appropriated for fiscal year 
        2021 with respect to a program under paragraph (2) shall be 
        distributed, administered, limited, and made available for 
        obligation in the same manner as amounts authorized to be 
        appropriated with respect to the program for fiscal year 2020 
        under the covered laws.
            (4) Obligation limitation.--A program for which amounts are 
        authorized to be appropriated under paragraph (2)(A) shall be 
        subject to a limitation on obligations for fiscal year 2021 in 
        the same amount and in the same manner as the limitation 
        applicable with respect to the program for fiscal year 2020 
        under the Department of Transportation Appropriations Act, 2020 
        (Public Law 116-94), as in effect on December 20, 2019.
    (b) Definitions.--In this section, the term ``covered laws'' means 
the following:
            (1) Titles I, III, IV, V, and VI of division A of the FAST 
        Act (Public Law 114-94).
            (2) 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).
            (3) Titles I, II, and III of the SAFETEA-LU Technical 
        Corrections Act of 2008 (Public Law 110-244).
            (4) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public 
        Law 109-59).
            (5) Titles I, II, III, IV, and V of the Transportation 
        Equity Act for the 21st Century (Public Law 105-178).
            (6) Titles II, III, and IV of the National Highway System 
        Designation Act of 1995 (Public Law 104-59).
            (7) 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).
            (8) Title 23, United States Code.
            (9) Sections 116, 117, 330, and 5505 and chapters 53, 139, 
        303, 311, 313, 701, and 702 of title 49, United States Code.

SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.

    (a) Additional Amounts.--
            (1) Authorization of appropriations.--
                    (A) In general.--In addition to amounts authorized 
                under section 101, there is authorized to be 
                appropriated from the Highway Account for fiscal year 
                2021, for activities under this section, 
                $14,742,808,640.
                    (B) Contract authority.--Amounts authorized to be 
                appropriated under subparagraph (A) shall be available 
                for obligation as if apportioned under chapter 1 of 
                title 23, United States Code.
            (2) Obligation ceiling.--
                    (A) In general.--Notwithstanding any other 
                provision of law, for fiscal year 2021, obligations for 
                activities authorized under paragraph (1) shall not 
                exceed $14,742,808,640.
                    (B) Distribution of obligation authority.--
                            (i) In general.--Of the obligation 
                        authority provided under subparagraph (A), the 
                        Secretary shall make available to States, 
                        Tribes, Puerto Rico, the territories, and 
                        Federal land management agencies, during the 
                        period of fiscal year 2021, amounts of 
                        obligation authority equal to the amounts 
                        described in subparagraphs (A) through (E) of 
                        paragraph (3), respectively.
                            (ii) Further distribution.--Each State, 
                        each Tribe, Puerto Rico, each territory, and 
                        each Federal land management agency receiving 
                        funds under subparagraphs (A) through (E) of 
                        paragraph (3), respectively, shall receive an 
                        amount of obligation authority equal to the 
                        funds that it receives under any of such 
                        subparagraphs.
                    (C) Redistribution of unused obligation 
                authority.--
                            (i) In general.--Notwithstanding 
                        subparagraph (B), the Secretary shall, after 
                        August 1 of fiscal year 2021--
                                    (I) revise a distribution of the 
                                obligation authority made available 
                                under subparagraph (B) if an amount 
                                distributed cannot be obligated during 
                                that fiscal year; and
                                    (II) redistribute sufficient 
                                amounts to those States able to 
                                obligate amounts in addition to those 
                                previously distributed during that 
                                fiscal year, giving priority to those 
                                States having large unobligated 
                                balances of funds apportioned under 
                                sections 144 (as in effect on the day 
                                before the date of enactment of MAP-21 
                                (Public Law 112-141)) and 104 of title 
                                23, United States Code.
                            (ii) Administration.--The Secretary shall 
                        administer a redistribution under clause (i) of 
                        obligation authority provided under 
                        subparagraph (B) in a similar manner as the 
                        standard August redistribution.
                            (iii) Use of obligation authority.--A State 
                        may use obligation authority that it receives 
                        pursuant to this subparagraph in the same 
                        manner that it uses obligation authority that 
                        it receives as part of the standard August 
                        redistribution.
            (3) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2021 under paragraph (1) shall be 
        distributed as follows:
                    (A) $14,384,629,710 to the States.
                    (B) $167,481,814 to Tribes.
                    (C) $52,400,251 to Puerto Rico.
                    (D) $13,929,181 to the territories.
                    (E) $124,367,684 to Federal land management 
                agencies.
            (4) State funds.--
                    (A) Distribution.--
                            (i) In general.--Amounts made available 
                        under paragraph (3)(A) shall be distributed 
                        among the States in the same ratio as total 
                        State apportionments under section 104(c)(1) of 
                        title 23, United States Code, in fiscal year 
                        2020.
                            (ii) Suballocation.--
                                    (I) In general.--Amounts 
                                distributed among the States under 
                                clause (i) shall be suballocated within 
                                the State to areas described in 
                                subclause (II) in the proportion that--
                                            (aa) the total amount of 
                                        funds suballocated to such 
                                        areas of the State as described 
                                        in such subclause for fiscal 
                                        year 2020; bears to
                                            (bb) the total amount of 
                                        funds apportioned to the State 
                                        for the Federal-aid highway 
                                        program under section 104 of 
                                        title 23, United States Code, 
                                        for fiscal year 2020.
                                    (II) Areas described.--The areas 
                                described in this subclause are--
                                            (aa) urbanized areas of the 
                                        State with an urbanized area 
                                        population of over 200,000;
                                            (bb) areas of the State 
                                        other than urban areas with a 
                                        population greater than 5,000; 
                                        and
                                            (cc) other areas of the 
                                        State.
                    (B) Treatment.--Except as otherwise provided in 
                this paragraph, amounts made available under paragraph 
                (3)(A) shall be administered as if apportioned under 
                chapter 1 of title 23, United States Code.
                    (C) Use of funds.--Amounts made available under 
                paragraph (3)(A) may be obligated for--
                            (i) eligible projects described in section 
                        133(b) of title 23, United States Code, subject 
                        to section 133(c) of such title; and
                            (ii) administrative expenses, including 
                        salaries and benefits, of--
                                    (I) the State department of 
                                transportation;
                                    (II) a local transportation agency; 
                                or
                                    (III) a metropolitan planning 
                                organization.
            (5) Tribal funds.--
                    (A) Treatment.--
                            (i) In general.--Except as otherwise 
                        provided in this paragraph, amounts made 
                        available under paragraph (3)(B) shall be 
                        administered as if made available under section 
                        202 of title 23, United States Code.
                            (ii) Nonapplicability of certain provisions 
                        of law.--Subsections (a)(6), (c), (d), and (e) 
                        of section 202 of title 23, United States Code, 
                        shall not apply to amounts made available under 
                        paragraph (3)(B).
                    (B) Use of funds.--Amounts made available under 
                paragraph (3)(B) may be obligated for--
                            (i) activities eligible under section 
                        202(a)(1) of title 23, United States Code; and
                            (ii) transportation-related administrative 
                        expenses, including salaries and benefits, of 
                        the Tribe.
            (6) Funds for puerto rico and the territories.--
                    (A) Treatment.--
                            (i) In general.--Except as otherwise 
                        provided in this paragraph, amounts made 
                        available under paragraphs (3)(C) and (3)(D) 
                        shall be administered as if allocated under 
                        sections 165(b) and 165(c), respectively, of 
                        title 23, United States Code.
                            (ii) Nonapplicability of certain provisions 
                        of law.--Section 165(b)(2) of title 23, United 
                        States Code, shall not apply to amounts made 
                        available to Puerto Rico under paragraph 
                        (3)(C).
                    (B) Use of funds.--
                            (i) Puerto rico.--Amounts made available to 
                        Puerto Rico under paragraph (3)(C) may be 
                        obligated for--
                                    (I) activities eligible under 
                                chapter 1 of title 23, United States 
                                Code; and
                                    (II) transportation related 
                                administrative expenses, including 
                                salaries and benefits.
                            (ii) Territories.--Amounts made available 
                        to a territory under paragraph (3)(D) may be 
                        obligated for--
                                    (I) activities eligible under 
                                section 165(c)(6) of title 23, United 
                                States Code, subject to section 
                                165(c)(7) of such title; and
                                    (II) transportation-related 
                                administrative expenses, including 
                                salaries and benefits.
            (7) Federal land management agency funds.--
                    (A) Distribution.--Amounts made available under 
                paragraph (3)(E) shall be distributed among the Federal 
                land management agencies as follows:
                            (i) $99,494,147 for the National Park 
                        Service.
                            (ii) $9,949,415 for the United States Fish 
                        and Wildlife Service.
                            (iii) $6,301,296 for the United States 
                        Forest Service.
                            (iv) $8,622,826 to be allocated to the 
                        applicable Federal land management agencies as 
                        described in section 203(b) of title 23, United 
                        States Code.
                    (B) Treatment.--Amounts made available under 
                paragraph (3)(E) shall be administered as if made 
                available under section 203 of title 23, United States 
                Code.
            (8) Disadvantaged business enterprises.--Section 1101(b) of 
        the FAST Act (Public Law 114-94) shall apply to additional 
        amounts made available under paragraph (1).
    (b) Special Rules for Fiscal Year 2021.--
            (1) Suballocated amounts.--
                    (A) Use of funds.--Amounts authorized to be 
                appropriated for fiscal year 2021 with respect to a 
                program under section 101(a)(2)(A) that are 
                suballocated pursuant to section 133(d)(1)(A) of title 
                23, United States Code, may be obligated for--
                            (i) eligible projects as described in 
                        section 133(b) of title 23, United States Code; 
                        or
                            (ii) administrative expenses, including 
                        salaries and benefits, of--
                                    (I) a local transportation agency; 
                                or
                                    (II) a metropolitan planning 
                                organization.
                    (B) Obligation authority.--
                            (i) In general.--A State that is required 
                        to obligate in an urbanized area with an 
                        urbanized area population of over 200,000 
                        individuals under section 133(d) of title 23, 
                        United States Code, funds apportioned to the 
                        State under section 104(b)(2) of such title 
                        shall make available during the period of 
                        fiscal years 2016 through 2021 an amount of 
                        obligation authority distributed to the State 
                        for Federal-aid highways and highway safety 
                        construction programs for use in the area that 
                        is equal to the amount obtained by 
                        multiplying--
                                    (I) the aggregate amount of funds 
                                that the State is required to obligate 
                                in the area under section 133(d) of 
                                title 23, United States Code, during 
                                the period; and
                                    (II) the ratio that--
                                            (aa) the aggregate amount 
                                        of obligation authority 
                                        distributed to the State for 
                                        Federal-aid highways and 
                                        highway safety construction 
                                        programs during the period; 
                                        bears to
                                            (bb) the total of the sums 
                                        apportioned to the State for 
                                        Federal-aid highways and 
                                        highway safety construction 
                                        programs (excluding sums not 
                                        subject to an obligation 
                                        limitation) during the period.
                            (ii) Joint responsibility.--Each State, 
                        each affected metropolitan planning 
                        organization, and the Secretary shall jointly 
                        ensure compliance with clause (i).
            (2) Ferry boat program.--Amounts authorized to be 
        appropriated for fiscal year 2021 with respect to a program 
        under section 101(a)(2)(A) that are made available for the 
        construction of ferry boats and ferry terminal facilities under 
        section 147 of title 23, United States Code, may be obligated--
                    (A) in accordance with sections 129(c) and 147 of 
                title 23, United States Code;
                    (B) for administrative expenses, including salaries 
                and benefits, of a ferry boat operator or ferry 
                terminal facility operator eligible for Federal 
                participation under section 129(c) of title 23, United 
                States Code; and
                    (C) for operating costs associated with a ferry 
                boat or ferry terminal facility eligible for Federal 
                participation under section 129(c) of title 23, United 
                States Code.
            (3) Nationally significant freight and highway projects.--
        In fiscal year 2021, the program carried out under section 117 
        of title 23, United States Code, shall, in addition to any 
        otherwise applicable requirements, be subject to the following 
        provisions:
                    (A) Multimodal projects.--Notwithstanding 
                subsection (d)(2)(A) of such section, the limitation 
                for projects described in such subsection shall be 
                $600,000,000 for fiscal years 2016 through 2021.
                    (B) Additional considerations.--Notwithstanding 
                subsection (h)(2) of such section, the Secretary shall 
                not consider the utilization of non-Federal 
                contributions.
                    (C) Evaluation and rating.--To evaluate 
                applications for funding under such section, the 
                Secretary shall--
                            (i) determine whether a project is eligible 
                        for a grant under such section;
                            (ii) evaluate, through a methodology that 
                        is discernible and transparent to the public, 
                        how each application addresses the merit 
                        criteria established by the Secretary;
                            (iii) assign a quality rating for each 
                        merit criteria for each application based on 
                        the evaluation under clause (ii);
                            (iv) ensure that applications receive final 
                        consideration by the Secretary to receive an 
                        award under such section only on the basis of 
                        such quality ratings and that the Secretary 
                        gives final consideration only to applications 
                        that meet the minimally acceptable level for 
                        each of the merit criteria; and
                            (v) award grants only to projects rated 
                        highly under the evaluation and rating process.
                    (D) Publication and methodology.--In any published 
                notice of funding opportunity for a grant under such 
                section, the Secretary shall include detailed 
                information on the rating methodology and merit 
                criteria to be used to evaluate applications.
                    (E) Repeat applications.--
                            (i) Briefing.--The Secretary shall provide 
                        to each applicant that applied for, but did not 
                        receive, funding under such section in fiscal 
                        year 2019 or 2020, at the request of the 
                        applicant, the opportunity to receive a 
                        briefing to--
                                    (I) explain any reasons the 
                                application was not selected for 
                                funding; and
                                    (II) advise the applicant on how to 
                                improve the application for 
                                resubmission in fiscal year 2021 under 
                                the application criteria described in 
                                this paragraph.
                            (ii) Supplementary application.--
                                    (I) In general.--An applicant for 
                                funding under such section may elect to 
                                resubmit an application from a previous 
                                solicitation with a supplementary 
                                appendix that describes how the 
                                proposed project meets the requirements 
                                of section 117 of title 23, United 
                                States Code, and this paragraph.
                                    (II) Requirements.--The Secretary 
                                shall ensure that applications 
                                submitted under subclause (I), 
                                including the supplementary appendix, 
                                are evaluated based on such 
                                requirements.
                    (F) Congressional notification.--A notification 
                submitted pursuant to subsection (m) of such section 
                shall include--
                            (i) a summary of each application submitted 
                        and, at the request of either Committee, a copy 
                        of any application submitted;
                            (ii) a list of any projects the Secretary 
                        determined were not eligible for funding;
                            (iii) a description of the specific 
                        criteria used for each evaluation, including 
                        the quality rating assigned for each eligible 
                        application submitted;
                            (iv) a list of all projects that advanced 
                        to the Secretary for consideration; and
                            (v) a detailed justification of the basis 
                        for each award proposed to be selected.
    (c) Federal Share.--
            (1) In general.--Except as provided in paragraph (3) and 
        notwithstanding section 120 of title 23, United States Code, or 
        any other provision of this division, the Federal share 
        associated with funds described in paragraph (2) that are 
        obligated during fiscal year 2021 may be up to 100 percent.
            (2) Funds described.--The funds described in this paragraph 
        are funds made available for the implementation or execution of 
        Federal-aid highway and highway safety construction programs 
        authorized under title 23 or 49, United States Code, the FAST 
        Act (Public Law 114-94), or this division.
            (3) Exceptions.--Paragraph (1) shall not apply to amounts 
        obligated under section 115 or 117 of title 23, United States 
        Code, or chapter 6 of such title.
    (d) Administrative Expenses.--
            (1) Self-certification and audit.--
                    (A) In general.--Prior to the obligation of funds 
                for administrative expenses pursuant to paragraph 
                (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or 
                (6)(B)(ii)(II) of subsection (a) or paragraphs 
                (1)(A)(ii) and (2)(B) of subsection (b), a State, a 
                Tribe, Puerto Rico, or a territory, as applicable, 
                shall certify to the Secretary that such administrative 
                expenses meet the requirements of such paragraphs, as 
                applicable.
                    (B) Audit.--The Secretary may conduct an audit to 
                review obligations of funds and liquidation of such 
                obligations for eligible administrative expenses 
                described under subparagraph (A).
            (2) Planning.--Notwithstanding any other provision of law, 
        administrative expenses described in paragraph (1)(A) shall not 
        be required to be included in a metropolitan transportation 
        plan, a long-range statewide transportation plan, a 
        transportation improvement program, or a statewide 
        transportation improvement program under sections 134 or 135 of 
        title 23, United States Code, or chapter 53 of title 49, United 
        States Code, as applicable.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Standard august redistribution.--The term ``standard 
        August redistribution'' means the redistribution of obligation 
        authority and amounts that the Secretary is directed to 
        administer under--
                    (A) section 1102(d) of the FAST Act (Public Law 
                114-94); or
                    (B) any Act making appropriations for the 
                Department of Transportation for fiscal year 2021.
            (2) State.--The term ``State'' means the 50 States and the 
        District of Columbia.
            (3) Territory.--The term ``territory'' means any of the 
        following territories of the United States:
                    (A) American Samoa.
                    (B) The Commonwealth of the Northern Mariana 
                Islands.
                    (C) Guam.
                    (D) The United States Virgin Islands.
            (4) Urban area; urbanized area.--The terms ``urban area'' 
        and ``urbanized area'' have the meanings given such terms in 
        section 101 of title 23, United States Code.

SEC. 103. FEDERAL TRANSIT ADMINISTRATION.

    (a) Additional Amounts.--
            (1) Authorization of appropriations from mass transit 
        account.--
                    (A) In general.--In addition to amounts authorized 
                under section 101, there is authorized to be 
                appropriated from the Mass Transit Account for fiscal 
                year 2021, for activities under this section, 
                $5,794,851,538.
                    (B) Apportionment.--Amounts authorized under 
                subparagraph (A) shall be apportioned in accordance 
                with section 5310, section 5311 (other than subsections 
                (b)(3), (c)(1)(A), and (c)(2) of such section), section 
                5336 (other than subsection (h)(4) of such section), 
                section 5337, and section 5340 of title 49, United 
                States Code, except that funds apportioned under 
                section 5337 of such title shall be added to funds 
                apportioned under section 5307 of such title for 
                administration under section 5307 of such title.
                    (C) Allocation.--The Secretary shall allocate the 
                amounts authorized to be appropriated to sections 5307, 
                5310, 5311, 5337, and 5340 of title 49, United States 
                Code, among such sections in the same ratio as funds 
                are provided in the fiscal year 2020 appropriations.
            (2) Authorization of appropriations from general fund.--In 
        addition to amounts authorized under section 101(a)(1)(B), 
        there is authorized to be appropriated from the general fund of 
        the Treasury--
                    (A) $958,000,000 to carry out section 5309 of title 
                49, United States Code; and
                    (B) such sums as may be necessary to be made 
                available as described in subsection (c) and that such 
                sums shall be designated by the Congress as being for 
                an emergency requirement pursuant to section 
                251(b)(2)(A)(i) of the Balanced Budget and Emergency 
                Deficit Control Act of 1985.
            (3) Disadvantaged business enterprises.--Section 1101(b) of 
        the FAST Act (Public Law 114-94) shall apply to additional 
        amounts made available under this subsection.
    (b) Special Rules for Fiscal Year 2021.--
            (1) Use of funds.--Notwithstanding 5307(a)(1) of title 49, 
        United States Code, amounts made available under subsection 
        (a)(1)(A) may be obligated for--
                    (A) operating expenses, including, beginning on 
                January 20, 2020--
                            (i) reimbursement for operating costs to 
                        maintain service and offset lost revenue, 
                        including the purchase of personal protective 
                        equipment; and
                            (ii) paying the administrative leave of 
                        operations personnel due to reductions in 
                        service; and
                    (B) any other activity eligible under section 5307, 
                5310, 5311, or 5337 of title 49, United States Code.
            (2) Conditions.--Recipients use of funds under paragraph 
        (1) shall--
                    (A) not require that operating expenses described 
                in paragraph (1)(A) be included in a metropolitan 
                transportation plan, long-range statewide 
                transportation plan, a transportation improvement 
                program, or a statewide transportation improvement 
                program;
                    (B) meet the requirements of section 5333 of title 
                49, United States Code; and
                    (C) to the maximum extent possible, be directed to 
                payroll and public transit service, unless the 
                recipient certifies to the Secretary that such 
                recipient has not furloughed any employees.
            (3) Oversight.--
                    (A) Of the amounts made available to carry out this 
                section, the percentages available for oversight in 
                section 5338(f)(1) of title 49, United States Code, 
                shall apply to the allocations of funds in subsection 
                (a)(1)(C).
                    (B) Use of funds.--Amounts made available under 
                subsection (a)(1)(A) shall be available for 
                administrative expenses and program management 
                oversight as authorized under sections 5334 and 
                5338(f)(2) of title 49, United States Code.
            (4) Administration of grants.--Amounts made available under 
        subsection (a)(1)(A) shall be administered, at the option of 
        the recipient, as grants provided under the CARES Act (Public 
        Law 116-136) are administered.
    (c) CIG COVID-19 Emergency Relief Program.--
            (1) In general.--From amounts made available under 
        subsection (a)(2)(B) and notwithstanding section 
        5309(k)(2)(C)(ii) or section 5309(l)(1)(B)(ii) of title 49, 
        United States Code, at the request of a project sponsor, the 
        Secretary shall use such sums as may be necessary to provide an 
        additional 30 percent of total project costs for any project 
        under--
                    (A) 5309(d) of title 49, United States Code, that 
                has been approved for advancement into the engineering 
                phase;
                    (B) 5309(e) of title 49, United States Code, that 
                has entered into the project development phase or 
                approved for advancement into the engineering phase; 
                and
                    (C) subsection (d) or (e) of section 5309 of title 
                49, United States Code, that has a full funding grant 
                agreement entered into under either such subsection 
                after January 1, 2017.
            (2) Project eligibility.--From amounts made available under 
        subsection (a)(2)(B), the Secretary shall use such sums as may 
        be necessary for projects under section 5309 of title 49, 
        United States Code, that--
                    (A) are not eligible for funds made available under 
                paragraph (1); and
                    (B) have remaining scheduled Federal funds to be 
                appropriated under a full funding grant agreement under 
                such section.
            (3) Deferred local share.--The Secretary shall allow a 
        project sponsor to defer payment of the local share for any 
        project described in paragraphs (1) and (2).
            (4) Total project cost.--In this subsection, the term 
        ``total project cost'' means the most recent total project cost 
        stipulated in--
                    (A) the full funding grant agreement;
                    (B) the approval into project engineering; or
                    (C) the project rating for a project not yet 
                approved into project engineering.
    (d) Federal Share.--
            (1) In general.--Notwithstanding chapter 53 of title 49, 
        United States Code, or any other provision of this division, 
        the Federal share associated with funds described in paragraph 
        (2) that are obligated during fiscal year 2021 may be up to 100 
        percent.
            (2) Funds described.--The funds described in this paragraph 
        are funds made available for the implementation of transit 
        programs authorized by chapter 53 of title 49, United States 
        Code, the FAST Act (Public Law 114-94), or this division, 
        excluding funds made available to projects under section 5309 
        of title 49, United States Code.
    (e) Condition for Apportionment.--No funds authorized in this 
division or any other Act may be used to adjust Mass Transit Account 
apportionments or withhold funds from Mass Transit Account 
apportionments pursuant to section 9503(e)(4) of the Internal Revenue 
Code of 1986 in fiscal year 2021.

SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

    (a) Special Funding for Fiscal Year 2021.--
            (1) In general.--
                    (A) Authorization of appropriations.--In addition 
                to amounts authorized under section 101, there is 
                authorized to be appropriated from the Highway Account 
                for fiscal year 2021, for activities under this 
                subsection, $244,514,000.
                    (B) Contract authority.--Amounts authorized under 
                subparagraph (A) 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) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2021 under paragraph (1) shall be 
        distributed as follows:
                    (A) $105,000,000 for carrying out section 402 of 
                title 23, United States Code.
                    (B) $15,312,000 for carrying out section 403 of 
                title 23, United States Code.
                    (C) $19,202,000 for carrying out section 404 of 
                title 23, United States Code.
                    (D) $105,000,000 for carrying out section 405 of 
                title 23, United States Code.
    (b) Special Rules for Fiscal Year 2021.--
            (1) Federal share.--Notwithstanding sections 120, 
        405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of title 23, 
        United States Code, the Federal share of activities for fiscal 
        year 2021 carried out under chapter 4 of title 23, United 
        States Code and section 1906 of SAFETEA-LU (23 U.S.C. 402 note) 
        shall be 100 percent.
            (2) Period of availability.--Notwithstanding section 118(b) 
        of title 23, United States Code, funds apportioned or allocated 
        to a State in fiscal years 2017 and 2018 under sections 402 and 
        405 of title 23, United States Code, and section 1906 of 
        SAFETEA-LU (23 U.S.C. 402 note), shall remain available for 
        obligation in that State for a period of 4 years after the last 
        day of the fiscal year for which the funds are authorized.
            (3) Maintenance of effort.--Notwithstanding section 
        405(a)(9) of title 23, United States Code, the Secretary may 
        waive the maintenance of effort requirements under such section 
        for fiscal year 2021 for a State, if the Secretary determines 
        appropriate. Notwithstanding any other provision of law, this 
        paragraph shall apply as if such paragraph was enacted on 
        September 30, 2020.
            (4) In-vehicle alcohol detection device research.--In 
        carrying out subsection (h) of section 403 of title 23, United 
        States Code, the Secretary may obligate from funds made 
        available to carry out such section for fiscal year 2021 not 
        more than $5,312,000 to conduct the research described in 
        paragraph (1) of such subsection.
            (5) Cooperative research and evaluation.--Notwithstanding 
        the apportionment formula set forth in section 402(c)(2) of 
        title 23, United States Code, and section 403(f)(1) of title 
        23, United States Code, $2,500,000 of the total amount 
        available for apportionment to the States for highway safety 
        programs under section 402(c)(2) of title 23, United States 
        Code, for each of fiscal years 2016 through 2021, shall be 
        available for expenditure by the Secretary, acting through the 
        Administrator of the National Highway Traffic Safety 
        Administration, for a cooperative research and evaluation 
        program to research and evaluate priority highway safety 
        countermeasures. This paragraph shall apply as if such 
        paragraph was enacted on October 1, 2015.

SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.

    (a) Special Funding for Fiscal Year 2021.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized under section 101, there is authorized to be 
        appropriated from the Highway Account for fiscal year 2021, for 
        activities under this subsection, $209,900,000.
            (2) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2021 under paragraph (1) shall be 
        distributed as follows:
                    (A) Subject to section 31104(c) of title 49, United 
                States Code--
                            (i) $80,512,000 for carrying out section 
                        31102 (except subsection (l)) of title 49, 
                        United States Code);
                            (ii) $14,208,000 for carrying out section 
                        31102(l) of title 49, United States Code; and
                            (iii) $23,680,000 for carrying out section 
                        31313 of title 49, United States Code.
                    (B) $91,500,000 for carrying out section 31110 of 
                title 49, United States Code.
            (3) Treatment of funds.--Except as provided in subsection 
        (b), amounts made available under this section shall be made 
        available for obligation and administered as if made available 
        under chapter 311 of title 49, United States Code.
    (b) Special Rules for Fiscal Year 2021.--
            (1) Financial assistance agreements federal share.--
        Notwithstanding chapter 311 of title 49, United States Code, or 
        any regulations adopted pursuant to such chapter, for the 
        duration of fiscal year 2021 with respect to all financial 
        assistance made available under subsection (a) and section 101, 
        the Secretary of Transportation may--
                    (A) reimburse recipients under section 31104(b)(2) 
                of title 49, United States Code, in an amount that is 
                100 percent of the costs described in such section; and
                    (B) waive the maintenance of effort requirement 
                under 31102(f) of title 49, United States Code, for all 
                States without requiring States to request a waiver.
            (2) Financial assistance agreements period of 
        availability.--Notwithstanding section 31104(f) of title 49, 
        United States Code, the Secretary shall extend the periods of 
        availability described in such section by 1 year.
            (3) Administrative expenses.--The Administrator of the 
        Federal Motor Carrier Safety Administration shall ensure that 
        funds made available under subsection (a)(2)(B) are used, to 
        the maximum extent practicable, to support--
                    (A) the acceleration of planned investments to 
                modernize the Administration's information technology 
                and information management systems;
                    (B) the completion of outstanding statutory 
                mandates required by MAP-21 (112-141) and the FAST Act 
                (114-94); and
                    (C) a Large Truck Crash Causal Factors Study of the 
                Administration.

SEC. 106. DEFINITIONS.

    In this division, 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 portion of the Highway Trust Fund 
        established under section 9503(e)(1) of the Internal Revenue 
        Code of 1986.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

                   DIVISION B--SURFACE TRANSPORTATION

SEC. 1001. APPLICABILITY OF DIVISION.

    (a) Applicability.--This division, including the amendments made by 
this division, applies beginning on October 1, 2021.
    (b) Reference to Date of Enactment.--In this division and the 
amendments made by this division, any reference to--
            (1) the date of enactment of this Act;
            (2) the date of enactment of a provision of this division;
            (3) the date of enactment of a provision added to law by an 
        amendment made by this division; or
            (4) the date of enactment of the INVEST in America Act 
        added to law by an amendment made by this division,
shall be treated as a reference to October 1, 2021.

                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United 
        States Code, the pre-disaster mitigation program under section 
        124 of such title, the railway crossings program under section 
        130 of such title, the surface transportation program under 
        section 133 of such title, the highway safety improvement 
        program under section 148 of such title, the congestion 
        mitigation and air quality improvement program under section 
        149 of such title, the national highway freight program under 
        section 167 of such title, the carbon pollution reduction 
        program under section 171 of such title, and metropolitan 
        planning under section 134 of such title--
                    (A) $55,022,048,429 for fiscal year 2022;
                    (B) $55,980,646,776 for fiscal year 2023;
                    (C) $57,095,359,712 for fiscal year 2024; and
                    (D) $58,118,666,186 for fiscal year 2025.
            (2) Transportation infrastructure finance and innovation 
        program.--For credit assistance under the transportation 
        infrastructure finance and innovation program under chapter 6 
        of title 23, United States Code, $300,000,000 for each of 
        fiscal years 2022 through 2025.
            (3) Construction of ferry boats and ferry terminal 
        facilities.--For construction of ferry boats and ferry terminal 
        facilities under section 147 of title 23, United States Code, 
        $120,000,000 for each of fiscal years 2022 through 2025.
            (4) Federal lands and tribal transportation programs.--
                    (A) Tribal transportation program.--For the tribal 
                transportation program under section 202 of title 23, 
                United States Code, $800,000,000 for each of fiscal 
                years 2022 through 2025.
                    (B) Federal lands transportation program.--
                            (i) In general.--For the Federal lands 
                        transportation program under section 203 of 
                        title 23, United States Code, $550,000,000 for 
                        each of fiscal years 2022 through 2025.
                            (ii) Allocation.--Of the amount made 
                        available for a fiscal year under clause (i)--
                                    (I) the amount for the National 
                                Park Service is $400,000,000 for each 
                                of fiscal years 2022 through 2025.
                                    (II) the amount for the United 
                                States Fish and Wildlife Service is 
                                $50,000,000 for each of fiscal years 
                                2022 through 2025; and
                                    (III) the amount for the United 
                                States Forest Service is $50,000,000 
                                for each of fiscal years 2022 through 
                                2025.
                    (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code, $345,000,000 for each of fiscal 
                years 2022 through 2025.
                    (D) Federal lands and tribal major projects 
                grants.--To carry out section 208 of title 23, United 
                States Code, $400,000,000 for each of fiscal years 2022 
                through 2025.
            (5) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 
        of title 23, United States Code, $310,000,000 for each of 
        fiscal years 2022 through 2025.
            (6) Projects of national and regional significance.--For 
        projects of national and regional significance under section 
        117 of title 23, United States Code--
                    (A) $2,200,000,000 for fiscal year 2022;
                    (B) $2,200,000,000 for fiscal year 2023;
                    (C) $2,300,000,000 for fiscal year 2024; and
                    (D) $2,350,000,000 for fiscal year 2025.
            (7) Community transportation investment grants.--To carry 
        out section 173 of title 23, United States Code, $600,000,000 
        for each of fiscal years 2022 through 2025.
            (8) Electric vehicle charging and hydrogen fueling 
        infrastructure grants.--To carry out section 151(f) of title 
        23, United States Code, $350,000,000 for each of fiscal years 
        2022 through 2025.
            (9) Community climate innovation grants.--To carry out 
        section 172 of title 23, United States Code, $250,000,000 for 
        each of fiscal years 2022 through 2025.
    (b) Additional Programs.--
            (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):
                    (A) Gridlock reduction grant program.--To carry out 
                section 1306 of this Act, $250,000,000 for fiscal year 
                2022.
                    (B) Rebuild rural grant program.--To carry out 
                section 1307 of this Act, $250,000,000 for fiscal year 
                2022.
                    (C) Parking for commercial motor vehicles.--To 
                carry out section 1308 of this Act, $250,000,000 for 
                fiscal year 2023.
                    (D) Active transportation connectivity grant 
                program.--To carry out section 1309 of this Act, 
                $250,000,000 for fiscal year 2024.
                    (E) Metro performance program.--To carry out 
                section 1305 of this Act, $250,000,000 for each of 
                fiscal years 2023 through 2025.
            (2) Treatment of funds.--Amounts made available under 
        subparagraphs (B) through (D) shall be administered as if 
        apportioned under chapter 1 of title 23, United States Code.
    (c) Disadvantaged Business Enterprises.--
            (1) Findings.--Congress finds that--
                    (A) while significant progress has occurred due to 
                the establishment of the disadvantaged business 
                enterprise program, discrimination and related barriers 
                continue to pose significant obstacles for minority- 
                and women-owned businesses seeking to do business in 
                federally assisted surface transportation markets 
                across the United States;
                    (B) the continuing barriers described in 
                subparagraph (A) merit the continuation of the 
                disadvantaged business enterprise program;
                    (C) Congress has received and reviewed testimony 
                and documentation of race and gender discrimination 
                from numerous sources, including congressional hearings 
                and roundtables, scientific reports, reports issued by 
                public and private agencies, news stories, reports of 
                discrimination by organizations and individuals, and 
                discrimination lawsuits, which show that race- and 
                gender-neutral efforts alone are insufficient to 
                address the problem;
                    (D) the testimony and documentation described in 
                subparagraph (C) demonstrate that discrimination across 
                the United States poses a barrier to full and fair 
                participation in surface transportation-related 
                businesses of women business owners and minority 
                business owners and has impacted firm development and 
                many aspects of surface transportation-related business 
                in the public and private markets; and
                    (E) the testimony and documentation described in 
                subparagraph (C) provide a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
            (2) 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 3 fiscal years in 
                        excess of $26,290,000, as adjusted annually by 
                        the Secretary of Transportation 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 that Act, except that women shall be 
                presumed to be socially and economically disadvantaged 
                individuals for purposes of this subsection.
            (3) Amounts for small business concerns.--Except to the 
        extent that the Secretary of Transportation determines 
        otherwise, not less than 10 percent of the amounts made 
        available for any program under titles I, II, V, and VII of 
        this division 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.
            (4) 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 (3) in the State, 
                including the location of the small business concerns 
                in the State; 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.
            (5) Uniform certification.--
                    (A) In general.--The Secretary of Transportation 
                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.
            (6) Reporting.--The Secretary of Transportation 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.
            (7) 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, V, and VII of 
        this division 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 (3) because a Federal court issues a 
        final order in which the court finds that a requirement or the 
        implementation of paragraph (3) is unconstitutional.
            (8) Sense of congress on prompt payment of dbe 
        subcontractors.--It is the sense of Congress that--
                    (A) the Secretary of Transportation should take 
                additional steps to ensure that recipients comply with 
                section 26.29 of title 49, Code of Federal Regulations 
                (the disadvantaged business enterprises prompt payment 
                rule), or any corresponding regulation, in awarding 
                federally funded transportation contracts under laws 
                and regulations administered by the Secretary; and
                    (B) such additional steps should include increasing 
                the Department of Transportation's ability to track and 
                keep records of complaints and to make that information 
                publicly available.

SEC. 1102. OBLIGATION LIMITATION.

    (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
            (1) $62,059,350,954 for fiscal year 2022;
            (2) $63,021,354,776 for fiscal year 2023;
            (3) $64,246,443,712 for fiscal year 2024; and
            (4) $65,080,125,186 for fiscal year 2025.
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance 
        Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation;
            (12) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2015, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (13) section 119 of title 23, United States Code (but, for 
        fiscal years 2016 through 2021, only in an amount equal to 
        $639,000,000 for each of those fiscal years);
            (14) section 203 of title 23, United States Code (but, for 
        fiscal years 2022 through 2025, only in an amount equal to 
        $550,000,000 for each of those fiscal years); and
            (15) section 133(d)(1)(B) of title 23, United States Code 
        (but, for fiscal years 2022 through 2025, only in an amount 
        equal to $89,000,000 for each of those fiscal years).
    (c) Distribution of Obligation Authority.--Subject to paragraph 
(1)(B), for each of fiscal years 2022 through 2025, the Secretary of 
Transportation--
            (1)(A) shall not distribute obligation authority provided 
        by subsection (a) for the fiscal year for--
                    (i) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code;
                    (ii) amounts authorized for the Bureau of 
                Transportation Statistics;
                    (iii) amounts authorized for the tribal 
                transportation program by section under section 202 of 
                title 23, United States Code; and
                    (iv) amounts authorized for the territorial and 
                Puerto Rico highway program under section 165(a) of 
                title 23, United States Code; and
            (B) for each of fiscal years 2023 through 2025, in addition 
        to the amounts described in subparagraph (A), shall not 
        distribute obligation authority provided by subsection (a) for 
        the fiscal year for amounts authorized for the metro 
        performance program under section 1305 of this Act;
            (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years the funds for which are allocated 
                by the Secretary (or apportioned by the Secretary under 
                section 202 or 204 of title 23, United States Code); 
                and
                    (B) for which obligation authority was provided in 
                a previous fiscal year;
            (3) shall determine the proportion that--
                    (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                    (B) the total of--
                            (i) the sums authorized to be appropriated 
                        for the Federal-aid highway and highway safety 
                        construction programs, other than sums 
                        authorized to be appropriated for--
                                    (I) provisions of law described in 
                                paragraphs (1) through (13) of 
                                subsection (b);
                                    (II) section 203 of title 23, 
                                United States Code, equal to the amount 
                                referred to in subsection (b)(14) for 
                                the fiscal year; and
                                    (III) section 133(d)(1)(B) of title 
                                23, United States Code, equal to the 
                                amount referred to in subsection 
                                (b)(15) for the fiscal year; less
                            (ii) the aggregate of the amounts not 
                        distributed under paragraphs (1) and (2) of 
                        this subsection;
            (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2), for each of the programs (other 
        than programs to which paragraph (1) applies) that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code, or apportioned by the Secretary under sections 202 
        or 204 of such title, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the surface transportation program in section 
        133(d)(1)(B) of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(15) and the amounts 
        apportioned under sections 202 and 204 of such title) in the 
        proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary of Transportation shall, after August 1 
of each of fiscal years 2022 through 2025--
            (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under section 
        104 of title 23, United States Code.
    (e) Special Limitation.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for--
                    (A) transportation research programs carried out 
                under chapter 5 of title 23, United States Code, and 
                title V of this Act; and
                    (B) the metro performance program under section 
                1305 of this Act.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal 
                years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
    (f) Lop-Off.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2022 through 2025, the Secretary of 
        Transportation shall distribute to the States any funds that--
                    (A) are authorized to be appropriated for the 
                fiscal year for Federal-aid highway programs; and
                    (B) the Secretary determines will not be allocated 
                to the States (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for the fiscal 
                year because of the imposition of any obligation 
                limitation for the fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.

    Section 101 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1), (2), (3), (4), 
                (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), 
                (15), (16), (17), (18), (19), (20), (21), (22), (23), 
                (24), (25), (26), (27), (28), (29), (30), (31), (32), 
                (33), and (34) as paragraphs (2), (3), (4), (6), (8), 
                (10), (11), (12), (13), (14), (16), (17), (18), (19), 
                (20), (21), (23), (24), (25), (26), (28), (29), (32), 
                (33), (34), (35), (36), (37), (38), (40), (41), (42), 
                (43), and (44), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following:
            ``(1) Adaptation.--The term `adaptation' means an 
        adjustment in natural or human systems in anticipation of, or 
        in response to, a changing environment in a way that moderates 
        negative effects of extreme events or climate change.'';
                    (C) by inserting after paragraph (4), as so 
                redesignated, the following:
            ``(5) Climate change.--The term `climate change' means any 
        significant change in the measures of climate lasting for an 
        extended period of time, and may include major changes in 
        temperature, precipitation, wind patterns, or sea level, among 
        others, that occur over several decades or longer.'';
                    (D) paragraph (6)(A), as so redesignated, by 
                inserting ``assessing resilience,'' after 
                ``surveying,'';
                    (E) by inserting after paragraph (6), as so 
                redesignated, the following:
            ``(7) Context sensitive design principle.--The term 
        `context sensitive design principle' means a principle for the 
        design of a public road that--
                    ``(A) provides for the safe and adequate 
                accommodation, in all phases of project planning, 
                design, and development, of users of the transportation 
                facility, including pedestrians, bicyclists, public 
                transportation users, children, older individuals, 
                individuals with disabilities, motorists, and freight 
                vehicles; and
                    ``(B) considers the context in which the facility 
                is planned to be constructed to determine the 
                appropriate facility design.'';
                    (F) by inserting after paragraph (8), as so 
                redesignated, the following:
            ``(9) Evacuation route.--The term `evacuation route' means 
        a transportation route or system that--
                    ``(A) is used to transport--
                            ``(i) the public away from an emergency 
                        event; or
                            ``(ii) first responders and recovery 
                        resources in the event of an emergency; and
                    ``(B) is identified, consistent with sections 
                134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 
                eligible entity with jurisdiction over the area in 
                which the route is located for the purposes described 
                in subparagraph (A).'';
                    (G) by inserting after paragraph (14), as so 
                redesignated, the following:
            ``(15) Greenhouse gas.--The term `greenhouse gas' has the 
        meaning given the term in section 211(o)(1)(G) of the Clean Air 
        Act (42 U.S.C. 21 7545(o)(1)(G)).'';
                    (H) by inserting after paragraph (21), as so 
                redesignated, the following:
            ``(22) Natural infrastructure.--
                    ``(A) In general.--The term `natural 
                infrastructure' means infrastructure that uses, 
                restores, or emulates natural ecological processes 
                that--
                            ``(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.'';
                    (I) by inserting after paragraph (26), as so 
                redesignated, the following:
            ``(27) Protective feature.--
                    ``(A) In general.--The term `protective feature' 
                means an improvement to a highway or bridge designed to 
                increase resilience or mitigate the risk of recurring 
                damage or the cost of future repairs from climate 
                change effects, extreme events, seismic activity, or 
                any other natural disaster.
                    ``(B) Inclusions.--The term `protective feature' 
                includes--
                            ``(i) raising roadway grades;
                            ``(ii) relocating roadways to higher ground 
                        above projected flood elevation levels or away 
                        from slide prone areas;
                            ``(iii) stabilizing slide areas;
                            ``(iv) stabilizing slopes;
                            ``(v) lengthening or raising bridges to 
                        increase waterway openings;
                            ``(vi) increasing the size or number of 
                        drainage structures;
                            ``(vii) replacing culverts with bridges or 
                        upsizing culverts;
                            ``(viii) installing seismic retrofits on 
                        bridges;
                            ``(iv) adding scour protection at bridges;
                            ``(x) scour, stream stability, coastal, and 
                        other hydraulic countermeasures; and
                            ``(xi) the use of natural 
                        infrastructure.'';
                    (J) by inserting after paragraph (29), as so 
                redesignated, the following:
            ``(30) Repeatedly damaged facility.--The term `repeatedly 
        damaged facility' means a road, highway, or bridge that has 
        required repair and reconstruction activities on 2 or more 
        occasions due to natural disasters or catastrophic failures 
        resulting in emergencies declared by the Governor of the State 
        in which the road, highway, or bridge is located or emergencies 
        or major disasters declared by the President under the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.).
            ``(31) Resilience.--
                    ``(A) In general.--The term `resilience' means, 
                with respect to a facility, the ability to--
                            ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                            ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                    ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                            ``(i) resist hazards or withstand impacts 
                        from disruptions;
                            ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                            ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.''; and
                    (K) by inserting after paragraph (38), as so 
                redesignated, the following:
            ``(39) Transportation system access.--The term 
        `transportation system access' means the ability to travel by 
        automobile, public transportation, pedestrian, and bicycle 
        networks, measured by travel time, taking into consideration--
                    ``(A) the impacts of the level of travel stress for 
                active travel; and
                    ``(B) costs for low-income travelers.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``Defense,'' and 
                inserting ``Defense Highways,'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A) by striking 
                        ``Century'' and inserting ``century'';
                            (ii) in subparagraph (G) by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) in subparagraph (H) by striking 
                        ``Century.'' and inserting ``century;''; and
                            (iv) by adding at the end the following:
                    ``(I) safety is the highest priority of the 
                Department of Transportation, and the Secretary and 
                States should take all actions necessary to meet the 
                transportation needs of the 21st century for all road 
                users;
                    ``(J) climate change presents a significant risk to 
                safety, the economy, and national security, and 
                reducing the contributions of the transportation system 
                to the Nation's total carbon pollution is critical; and
                    ``(K) the Secretary and States should take 
                appropriate measures and ensure investments to increase 
                the resilience of the Nation's transportation 
                system.''; and
                    (C) in paragraph (4)(A) by inserting ``while 
                ensuring that environmental protections are 
                maintained'' after ``review process''.

SEC. 1104. APPORTIONMENT.

    (a) In General.--Section 104 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(1) by striking subparagraphs (A) 
        through (E) and inserting the following;
                    ``(A) $ 506,302,525 for fiscal year 2022;
                    ``(B) $ 509,708,000 for fiscal year 2023;
                    ``(C) $ 520,084,000 for fiscal year 2024; and
                    ``(D) $ 530,459,000 for fiscal year 2025.'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Division Among Programs of State's Share of Apportionment.--
The Secretary shall distribute the amount apportioned to a State for a 
fiscal year under subsection (c) among the covered programs as follows:
            ``(1) National highway performance program.--For the 
        national highway performance program, 55.09 percent of the 
        amount remaining after distributing amounts under paragraphs 
        (4), (6), and (7).
            ``(2) Surface transportation program.--For the surface 
        transportation program, 28.43 percent of the amount remaining 
        after distributing amounts under paragraphs (4), (6), and (7).
            ``(3) Highway safety improvement program.--For the highway 
        safety improvement program, 6.19 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        and (7).
            ``(4) Congestion mitigation and air quality improvement 
        program.--
                    ``(A) In general.--For the congestion mitigation 
                and air quality improvement program, an amount 
                determined for the State under subparagraphs (B) and 
                (C).
                    ``(B) Total amount.--The total amount for the 
                congestion mitigation and air quality improvement 
                program for all States shall be--
                            ``(i) $2,913,925,833 for fiscal year 2022;
                            ``(ii) $2,964,919,535 for fiscal year 2023;
                            ``(iii) $3,024,217,926 for fiscal year 
                        2024; and
                            ``(iv) $3,078,653,849 for fiscal year 2025.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the amount 
                for the congestion mitigation and air quality 
                improvement program under subparagraph (B) so that each 
                State receives an amount equal to the proportion that--
                            ``(i) the amount apportioned to the State 
                        for the congestion mitigation and air quality 
                        improvement program for fiscal year 2020; bears 
                        to
                            ``(ii) the total amount of funds 
                        apportioned to all States for such program for 
                        fiscal year 2020.
            ``(5) National highway freight program.--For the national 
        highway freight program, 3.38 percent of the amount remaining 
        after distributing amounts under paragraphs (4), (6), and (7).
            ``(6) Metropolitan planning.--
                    ``(A) In general.--For metropolitan planning, an 
                amount determined for the State under subparagraphs (B) 
                and (C).
                    ``(B) Total amount.--The total amount for 
                metropolitan planning for all States shall be--
                            ``(i) $507,500,000 for fiscal year 2022;
                            ``(ii) $516,381,250 for fiscal year 2023;
                            ``(iii) $526,708,875 for fiscal year 2024; 
                        and
                            ``(iv) $536,189,635 for fiscal year 2025.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the amount 
                for metropolitan planning under subparagraph (B) so 
                that each State receives an amount equal to the 
                proportion that--
                            ``(i) the amount apportioned to the State 
                        for metropolitan planning for fiscal year 2020; 
                        bears to
                            ``(ii) the total amount of funds 
                        apportioned to all States for metropolitan 
                        planning for fiscal year 2020.
            ``(7) Railway crossings.--
                    ``(A) In general.--For the railway crossings 
                program, an amount determined for the State under 
                subparagraphs (B) and (C).
                    ``(B) Total amount.--The total amount for the 
                railway crossings program for all States shall be 
                $245,000,000 for each of fiscal years 2022 through 
                2025.
                    ``(C) State share.--
                            ``(i) In general.--For each fiscal year, 
                        the Secretary shall distribute among the States 
                        the amount for the railway crossings program 
                        under subparagraph (B) as follows:
                                    ``(I) 50 percent of the amount for 
                                a fiscal year shall be apportioned to 
                                States by the formula set forth in 
                                section 104(b)(3)(A) (as in effect on 
                                the day before the date of enactment of 
                                MAP-21).
                                    ``(II) 50 percent of the amount for 
                                a fiscal year shall be apportioned to 
                                States in the ratio that total public 
                                railway-highway crossings in each State 
                                bears to the total of such crossings in 
                                all States.
                            ``(ii) Minimum apportionment.--
                        Notwithstanding clause (i), for each fiscal 
                        year, each State shall receive a minimum of 
                        one-half of 1 percent of the total amount for 
                        the railway crossings program for such fiscal 
                        year under subparagraph (B).
            ``(8) Pre-disaster mitigation program.--For the pre-
        disaster mitigation program, 2.96 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        and (7).
            ``(9) Carbon pollution reduction program.--For the carbon 
        pollution reduction program, 3.95 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        and (7).
    ``(c) Calculation of Amounts.--
            ``(1) State share.--For each of fiscal years 2022 through 
        2025, the amount for each State shall be determined as follows:
                    ``(A) Initial amounts.--The initial amounts for 
                each State shall be determined by multiplying--
                            ``(i) the combined amount authorized for 
                        appropriation for the fiscal year for the 
                        covered programs; by
                            ``(ii) the share for each State, which 
                        shall be equal to the proportion that--
                                    ``(I) the amount of apportionments 
                                that the State received for fiscal year 
                                2020; bears to
                                    ``(II) the amount of those 
                                apportionments received by all States 
                                for fiscal year 2020.
                    ``(B) Adjustments to amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that each State receives an 
                aggregate apportionment equal to at least 95 percent of 
                the estimated tax payments attributable to highway 
                users in the State paid into the Highway Trust Fund 
                (other than the Mass Transit Account) in the most 
                recent fiscal year for which data are available.
            ``(2) State apportionment.--On October 1 of fiscal years 
        2022 through 2025, the Secretary shall apportion the sums 
        authorized to be appropriated for expenditure on the covered 
        programs in accordance with paragraph (1).'';
            (3) in subsection (d)(1)(A)--
                    (A) in clause (i) by striking ``paragraphs (5)(D) 
                and (6) of subsection (b)'' and inserting ``subsection 
                (b)(6)''; and
                    (B) in clause (ii) by striking ``paragraphs (5)(D) 
                and (6) of subsection (b)'' and inserting ``subsection 
                (b)(6)''; and
            (4) by striking subsections (h) and (i) and inserting the 
        following:
    ``(h) Definition of Covered Programs.--In this section, the term 
`covered programs' means--
            ``(1) the national highway performance program under 
        section 119;
            ``(2) the surface transportation program under section 133;
            ``(3) the highway safety improvement program under section 
        148;
            ``(4) the congestion mitigation and air quality improvement 
        program under section 149;
            ``(5) the national highway freight program under section 
        167;
            ``(6) metropolitan planning under section 134;
            ``(7) the railway crossings program under section 130(e);
            ``(8) the predisaster mitigation program under section 124; 
        and
            ``(9) the carbon pollution reduction program under section 
        171.''.
    (b) Federal Share Payable.--Section 120(c)(3) of title 23, United 
States Code, is amended--
            (1) in subparagraph (A) by striking ``(5)(D),''; and
            (2) in subparagraph (C)(i) by striking ``(5)(D)''.
    (c) Metropolitan Transportation Planning; Title 23.--Section 134(p) 
of title 23, United States Code, is amended by striking ``paragraphs 
(5)(D) and (6) of section 104(b)'' and inserting ``section 104(b)(6)''.
    (d) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(i) of title 23, United States Code, is amended by striking 
``paragraphs (5)(D) and (6) of section 104(b)'' and inserting ``section 
104(b)(6)''.
    (e) Metropolitan Transportation Planning; Title 49.--Section 
5303(p) of title 49, United States Code, is amended by striking 
``section 104(b)(5)'' and inserting ``section 104(b)(6)''.

SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

    Section 105 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)(A) by striking ``to be 
                appropriated'' each place it appears; and
                    (B) by adding at the end the following:
            ``(4) Special rule.--
                    ``(A) Adjustment.--In making an adjustment under 
                paragraph (1) for an allocation, reservation, or set-
                aside from an amount authorized from the Highway 
                Account or Mass Transit Account described 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 the fiscal year; bears to
                                    ``(II) the total amount authorized 
                                to be appropriated for such fiscal year 
                                for all programs under such account;
                            ``(ii) multiply the ratio determined under 
                        clause (i) by the amount of the adjustment 
                        determined under subsection (b)(1)(B); and
                            ``(iii) adjust the amount that the 
                        Secretary would have allocated for the 
                        allocation, reservation, or set-aside for such 
                        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 described 
                in this subparagraph are--
                            ``(i) from the amount made available for a 
                        fiscal year for the Federal lands 
                        transportation program under section 203, the 
                        amounts allocated for a fiscal year for the 
                        National Park Service, the United States Fish 
                        and Wildlife Service, and the United States 
                        Forest Service;
                            ``(ii) the amount made available for the 
                        Puerto Rico highway program under section 
                        165(a)(1); and
                            ``(iii) the amount made available for the 
                        territorial highway program under section 
                        165(a)(2).'';
            (2) in subsection (e)--
                    (A) by striking ``There is authorized'' and 
                inserting ``For fiscal year 2022 and each fiscal year 
                thereafter, there is authorized''; and
                    (B) by striking ``for any of fiscal years 2017 
                through 2020''; and
            (3) in subsection (f)(1) by striking ``section 1102 or 3018 
        of the FAST Act'' and inserting ``any other provision of law''.

SEC. 1106. TRANSPARENCY.

    (a) Apportionment.--Section 104 of title 23, United States Code, is 
amended by striking subsection (g) and inserting the following:
    ``(g) Highway Trust Fund Transparency and Accountability Reports.--
            ``(1) Requirement.--
                    ``(A) In general.--The Secretary shall compile data 
                in accordance with this subsection on the use of 
                Federal-aid highway funds made available under this 
                title.
                    ``(B) User friendly data.--The data compiled under 
                subparagraph (A) shall be in a user friendly format 
                that can be searched, downloaded, disaggregated, and 
                filtered by data category.
            ``(2) Project data.--
                    ``(A) In general.--Not later than 120 days after 
                the end of each fiscal year, the Secretary shall make 
                available on the website of the Department of 
                Transportation a report that describes--
                            ``(i) the location of each active project 
                        within each State during such fiscal year, 
                        including in which congressional district or 
                        districts such project is located;
                            ``(ii) the total cost of such project;
                            ``(iii) the amount of Federal funding 
                        obligated for such project;
                            ``(iv) the program or programs from which 
                        Federal funds have been obligated for such 
                        project;
                            ``(v) whether such project is located in an 
                        area of the State with a population of--
                                    ``(I) less than 5,000 individuals;
                                    ``(II) 5,000 or more individuals 
                                but less than 50,000 individuals;
                                    ``(III) 50,000 or more individuals 
                                but less than 200,000 individuals; or
                                    ``(IV) 200,000 or more individuals;
                            ``(vi) the type of improvement being made 
                        by such project, including categorizing such 
                        project as--
                                    ``(I) a road reconstruction 
                                project;
                                    ``(II) a new road construction 
                                project;
                                    ``(III) a new bridge construction 
                                project;
                                    ``(IV) a bridge rehabilitation 
                                project; or
                                    ``(V) a bridge replacement project;
                            ``(vii) the functional classification of 
                        the roadway on which such project is located; 
                        and
                            ``(viii) available information on the 
                        estimated cost of such project as of the start 
                        of project construction, or the revised cost 
                        estimate based on a description of revisions to 
                        the scope of work or other factors affecting 
                        project cost other than cost overruns.
                    ``(B) Interactive map.--In addition to the data 
                made available under subparagraph (A), the Secretary 
                shall make available on the website of the Department 
                of Transportation an interactive map that displays, for 
                each active project, the information described in 
                clauses (i) through (v) of subparagraph (A).
            ``(3) State data.--
                    ``(A) Apportioned and allocated programs.--The 
                website described in paragraph (2)(A) shall display the 
                Federal-aid highway funds apportioned and allocated to 
                each State under this title, including--
                            ``(i) the amount of funding available for 
                        obligation by the State at the start of the 
                        fiscal year;
                            ``(ii) the amount of funding obligated by 
                        the State during such fiscal year;
                            ``(ii) the amount of funding remaining 
                        available for obligation by the State at the 
                        end of such fiscal year; and
                            ``(iii) changes in the obligated, 
                        unexpended balance for the State;
                    ``(B) Programmatic data.--The data described in 
                subparagraph (A) shall include--
                            ``(i) the amount of funding by each 
                        apportioned and allocated program for which the 
                        State received funding under this title;
                            ``(ii) the amount of funding transferred 
                        between programs by the State during the fiscal 
                        year using the authority provided under section 
                        126; and
                            ``(iii) the amount and program category of 
                        Federal funds exchanged as described in section 
                        106(g)(6).
            ``(4) Definitions.--In this subsection:
                    ``(A) Active project.--
                            ``(i) In general.--The term `active 
                        project' means a Federal-aid highway project 
                        using funds made available under this title on 
                        which those funds were obligated or expended 
                        during the fiscal year for which the estimated 
                        total cost as of the start of construction is 
                        greater than $5,000,000.
                            ``(ii) Exclusion.--The term `active 
                        project' does not include any project for which 
                        funds are transferred to agencies other than 
                        the Federal Highway Administration.
                    ``(B) Interactive map.--The term `interactive map' 
                means a map displayed on the public website of the 
                Department of Transportation that allows a user to 
                select and view information for each active project, 
                State, and Congressional district.
                    ``(C) State.--The term `State' means any of the 50 
                States or the District of Columbia.''.
    (b) Project Approval and Oversight.--Section 106 of title 23, 
United States Code, is amended--
            (1) in subsection (g)--
                    (A) in paragraph (4) by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Assistance to states.--The Secretary shall--
                            ``(i) develop criteria for States to use to 
                        make the determination required under 
                        subparagraph (A); and
                            ``(ii) provide training, guidance, and 
                        other assistance to States and subrecipients as 
                        needed to ensure that projects administered by 
                        subrecipients comply with the requirements of 
                        this title.
                    ``(C) Periodic review.--The Secretary shall review, 
                not less frequently than every 2 years, the monitoring 
                of subrecipients by the States.''; and
                    (B) by adding at the end the following:
            ``(6) Federal funding exchange programs.--A State may 
        implement a program under which a subrecipient has the option 
        to exchange Federal funds allocated to such subrecipient in 
        accordance with the requirements of this title for State or 
        local funds if the State certifies to the Secretary that the 
        State has prevailing wage and domestic content requirements 
        that are comparable to the requirements under sections 113 and 
        313 and that such requirements shall apply to projects carried 
        out using such funds if such projects would have been subject 
        to the requirements of sections 113 and 313 if such projects 
        were carried out using Federal funds.'';
            (2) in subsection (h)(3)--
                    (A) in subparagraph (B) by striking ``, as 
                determined by the Secretary,''; and
                    (B) in subparagraph (D) by striking ``shall 
                assess'' and inserting ``in the case of a project 
                proposed to be advanced as a public-private 
                partnership, shall include a detailed value for money 
                analysis or comparable analysis to determine''; and
            (3) by adding at the end the following:
    ``(k) Megaprojects.--
            ``(1) Comprehensive risk management plan.--To be authorized 
        for the construction of a megaproject, the recipient of Federal 
        financial assistance under this title for such megaproject 
        shall submit to the Secretary a comprehensive risk management 
        plan that contains--
                    ``(A) a description of the process by which the 
                recipient will identify, quantify, and monitor the 
                risks, including natural hazards, that might result in 
                cost overruns, project delays, reduced construction 
                quality, or reductions in benefits with respect to the 
                megaproject;
                    ``(B) examples of mechanisms the recipient will use 
                to track risks identified pursuant to subparagraph (A);
                    ``(C) a plan to control such risks; and
                    ``(D) such assurances as the Secretary determines 
                appropriate that the recipient shall, with respect to 
                the megaproject--
                            ``(i) regularly submit to the Secretary 
                        updated cost estimates; and
                            ``(ii) maintain and regularly reassess 
                        financial reserves for addressing known and 
                        unknown risks.
            ``(2) Peer review group.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which a megaproject is authorized for 
                construction, the recipient of Federal financial 
                assistance under this title for such megaproject shall 
                establish a peer review group for such megaproject that 
                consists of at least 5 individuals (including at least 
                1 individual with project management experience) to 
                give expert advice on the scientific, technical, and 
                project management aspects of the megaproject.
                    ``(B) Membership.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this subsection, 
                        the Secretary shall establish guidelines 
                        describing how a recipient described in 
                        subparagraph (A) shall--
                                    ``(I) recruit and select members 
                                for a peer review group established 
                                under such subparagraph; and
                                    ``(II) make publicly available the 
                                criteria for such selection and 
                                identify the members so selected.
                            ``(ii) Conflict of interest.--No member of 
                        a peer review group for a megaproject may have 
                        a direct or indirect financial interest in such 
                        megaproject.
                    ``(C) Tasks.--A peer review group established under 
                subparagraph (A) by a recipient of Federal financial 
                assistance for a megaproject shall--
                            ``(i) meet annually until completion of the 
                        megaproject;
                            ``(ii) not later than 90 days after the 
                        date of the establishment of the peer review 
                        group and not later than 90 days after the date 
                        of any significant change, as determined by the 
                        Secretary, to the scope, schedule, or budget of 
                        the megaproject, review the scope, schedule, 
                        and budget of the megaproject, including 
                        planning, engineering, financing, and any other 
                        elements determined appropriate by the 
                        Secretary; and
                            ``(iii) submit to the Secretary, Congress, 
                        and such recipient a report on the findings of 
                        each review under clause (ii).
            ``(3) Transparency.--Not later than 90 days after the 
        submission of a report under paragraph (2)(C)(iii), the 
        Secretary shall publish on the website of the Department of 
        Transportation such report.
            ``(4) Megaproject defined.--In this subsection, the term 
        `megaproject' means a project under this title that has an 
        estimated total cost of $2,000,000,000 or more, and such other 
        projects as may be identified by the Secretary.
    ``(l) Special Experimental Projects.--
            ``(1) Public availability.--The Secretary shall publish on 
        the website of the Department of Transportation a copy of all 
        letters of interest, proposals, workplans, and reports related 
        to the special experimental project authority pursuant to 
        section 502(b).
            ``(2) Notification and opportunity for comment.--Not later 
        than 30 days before making a determination to proceed with an 
        experiment under a letter of interest described in paragraph 
        (1), the Secretary shall provide notification and an 
        opportunity for public comment on the letter of interest and 
        the Secretary's proposed response.
            ``(3) Report to congress.--Not later than 2 years after the 
        date of enactment of the INVEST in America Act, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report that includes--
                    ``(A) a summary of each experiment described in 
                this subsection carried out over the previous 5 years; 
                and
                    ``(B) legislative recommendations based on the 
                findings of such experiments.
    ``(m) Competitive Grant Program Oversight and Accountability.--
            ``(1) In general.--To ensure the accountability and 
        oversight of the discretionary grant selection process 
        administered by the Secretary, a covered program shall be 
        subject to the requirements of this section, in addition to the 
        requirements applicable to each covered program.
            ``(2) Application process.--The Secretary shall--
                    ``(A) develop a template for applicants to use to 
                summarize--
                            ``(i) project needs and benefits; and
                            ``(ii) any factors, requirements, or 
                        considerations established for the applicable 
                        covered program;
                    ``(B) create a data driven process to evaluate, as 
                set forth in the covered program, each eligible project 
                for which an application is received; and
                    ``(C) make a determination, based on the evaluation 
                made pursuant to subparagraph (B), on any ratings, 
                rankings, scores, or similar metrics for applications 
                made to the covered program.
            ``(3) Notification of congress.--Not less than 30 days 
        before making a grant for a covered program, the Secretary 
        shall notify, in writing, the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on the Environment and Public Works of the Senate 
        of--
                    ``(A) the amount for each award proposed to be 
                selected;
                    ``(B) a description of the review process;
                    ``(C) for each application, the determination made 
                under paragraph (2)(C); and
                    ``(D) a detailed explanation of the basis for each 
                award proposed to be selected.
            ``(4) Notification of applicants.--Not later than 30 days 
        after making a grant for a project under a covered program, the 
        Secretary shall send to all applicants under such covered 
        program, and publish on the website of the Department of 
        Transportation--
                    ``(A) a summary of each application made to the 
                covered program for the given round of funding; and
                    ``(B) the evaluation and justification for the 
                project selection, including all ratings, rankings, 
                scores, or similar metrics for applications made to the 
                covered program for the given round of funding during 
                each phase of the grant selection process.
            ``(5) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant of a covered program, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
            ``(6) Template.--The Secretary shall, to the extent 
        practicable, develop a template as described in paragraph 
        (2)(A) for any discretionary program administered by the 
        Secretary that is not a covered program.
            ``(7) Covered program defined.--The term `covered program' 
        means each of the following discretionary grant programs:
                    ``(A) Community climate innovation grants under 
                section 172.
                    ``(B) Electric vehicle charging and hydrogen 
                fueling infrastructure grants under section 151(f).
                    ``(C) Federal lands and tribal major projects 
                grants under section 208.
                    ``(D) Safe, efficient mobility through advanced 
                technologies grants under section 503(c)(4).''.
    (c) Division Office Consistency.--Not later than 1 year after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report that--
            (1) analyzes the consistency of determinations among 
        division offices of the Federal Highway Administration; and
            (2) makes recommendations to improve the consistency of 
        such determinations.

SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.

    (a) Standards.--Section 109 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``planned future 
                traffic of the highway in a manner that is conducive 
                to'' and inserting ``future operational performance of 
                the facility in a manner that enhances''; and
                    (B) in paragraph (2) by inserting ``, taking into 
                consideration context sensitive design principles'' 
                after ``each locality'';
            (2) in subsection (b)--
                    (A) by striking ``The geometric'' and inserting 
                ``Design Criteria for the Interstate System.--The 
                geometric''; and
                    (B) by striking ``the types and volumes of traffic 
                anticipated for such project for the twenty-year period 
                commencing on the date of approval by the Secretary, 
                under section 106 of this title, of the plans, 
                specifications, and estimates for actual construction 
                of such project'' and inserting ``the existing and 
                future operational performance of the facility'';
            (3) in subsection (c)(1)--
                    (A) in subparagraph (C) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (D) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) context sensitive design principles.'';
            (4) by striking subsection (o) and inserting the following:
    ``(o) Compliance With State Laws for Non-NHS Projects.--
            ``(1) In general.--Projects (other than highway projects on 
        the National Highway System) shall--
                    ``(A) be designed, constructed, operated, and 
                maintained in accordance with State laws, regulations, 
                directives, safety standards, design standards, and 
                construction standards; and
                    ``(B) take into consideration context sensitive 
                design principles.
            ``(2) Design flexibility.--
                    ``(A) In general.--A local jurisdiction may deviate 
                from the roadway design publication used by the State 
                in which the local jurisdiction is located for the 
                design of a project on a roadway (other than a highway 
                on the National Highway System) if--
                            ``(i) the deviation is approved by the 
                        Secretary; and
                            ``(ii) the design complies with all other 
                        applicable Federal laws.
                    ``(B) State-owned roads.--In the case of a roadway 
                under the ownership of the State, the local 
                jurisdiction may only deviate from the roadway design 
                publication used by the State with the concurrence of 
                the State.
                    ``(C) Programmatic basis.--The Secretary may 
                approve a deviation under this paragraph on a project, 
                multiple project, or programmatic basis.''; and
            (5) by adding at the end the following:
    ``(s) Context Sensitive Design.--
            ``(1) Context sensitive design standards.--The Secretary 
        shall collaborate with American Association of State Highway 
        Transportation Officials to ensure that any roadway design 
        publications approved by the Secretary under this section 
        provides adequate flexibility for a project sponsor to select 
        the appropriate design of a roadway, consistent with context 
        sensitive design principles.
            ``(2) Policies or procedures.--
                    ``(A) In general.--Not later than 1 year after the 
                Secretary publishes the final guidance described in 
                paragraph (3), each State shall adopt policies or 
                procedures to evaluate the context of a proposed 
                roadway and select the appropriate design, consistent 
                with context sensitive design principles.
                    ``(B) Local governments.--The Secretary and States 
                shall encourage local governments to adopt policies or 
                procedures described under subparagraph (A).
                    ``(C) Considerations.--The policies or procedures 
                developed under this paragraph shall take into 
                consideration the guidance developed by the Secretary 
                under paragraph (3).
            ``(3) Guidance.--
                    ``(A) In general.--
                            ``(i) Notice.--Not later than 1 year after 
                        the date of enactment of this subsection, the 
                        Secretary shall publish guidance on the 
                        official website of the Department of 
                        Transportation on context sensitive design.
                            ``(ii) Public review and comment.--The 
                        guidance described in this paragraph shall be 
                        finalized following an opportunity for public 
                        review and comment.
                            ``(iii) Update.--The Secretary shall 
                        periodically update the guidance described in 
                        this paragraph, including the model policies or 
                        procedures described under subparagraph (B)(v).
                    ``(B) Requirements.--The guidance described in this 
                paragraph shall--
                            ``(i) provide best practices for States, 
                        metropolitan planning organizations, regional 
                        transportation planning organizations, local 
                        governments or other project sponsors to carry 
                        out context sensitive design principles;
                            ``(ii) identify opportunities to modify 
                        planning, scoping, design, and development 
                        procedures to more effectively combine modes of 
                        transportation into integrated facilities that 
                        meet the needs of each of such modes of 
                        transportation in an appropriate balance;
                            ``(iii) identify metrics to assess the 
                        context of the facility, including surrounding 
                        land use or roadside characteristics;
                            ``(iv) assess the expected operational and 
                        safety performance of alternative approaches to 
                        facility design; and
                            ``(v) taking into consideration the 
                        findings of this guidance, establish model 
                        policies or procedures for a State or other 
                        project sponsor to evaluate the context of a 
                        proposed facility and select the appropriate 
                        facility design for the context.
                    ``(C) Topics of emphasis.--In publishing the 
                guidance described in this paragraph, the Secretary 
                shall emphasize--
                            ``(i) procedures for identifying the needs 
                        of users of all ages and abilities of a 
                        particular roadway;
                            ``(ii) procedures for identifying the types 
                        and designs of facilities needed to serve each 
                        class of users;
                            ``(iii) safety and other benefits provided 
                        by carrying out context sensitive design 
                        principles;
                            ``(iv) common barriers to carrying out 
                        context sensitive design principles;
                            ``(v) procedures for overcoming the most 
                        common barriers to carrying out context 
                        sensitive design principles;
                            ``(vi) procedures for identifying the costs 
                        associated with carrying out context sensitive 
                        design principles;
                            ``(vii) procedures for maximizing local 
                        cooperation in the introduction of context 
                        sensitive design principles and carrying out 
                        those principles; and
                            ``(viii) procedures for assessing and 
                        modifying the facilities and operational 
                        characteristics of existing roadways to improve 
                        consistency with context sensitive design 
                        principles.
            ``(4) Funding.--Amounts made available under sections 
        104(b)(6) and 505 of this title may be used for States, local 
        governments, metropolitan planning organizations, or regional 
        transportation planning organizations to adopt policies or 
        procedures to evaluate the context of a proposed roadway and 
        select the appropriate design, consistent with context 
        sensitive design principles.''.
    (b) Conforming Amendment.--Section 1404(b) of the FAST Act (23 
U.S.C. 109 note) is repealed.

SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.

    (a) In General.--Section 120(c)(3)(B) of title 23, United States 
Code, is amended--
            (1) by striking clause (i) and inserting the following:
                            ``(i) prefabricated bridge elements and 
                        systems, innovative materials, and other 
                        technologies to reduce bridge construction 
                        time, extend service life, and reduce 
                        preservation costs, as compared to 
                        conventionally designed and constructed 
                        bridges;'';
            (2) by redesignating clause (vi) as clause (vii);
            (3) in clause (v) by striking ``or'' at the end; and
            (4) by inserting after clause (v) the following:
                            ``(vi) innovative pavement materials that 
                        demonstrate reductions in greenhouse gas 
                        emissions through sequestration or innovative 
                        manufacturing processes; or''.
    (b) Technical Amendment.--Section 107(a)(2) of title 23, United 
States Code, is amended by striking ``subsection (c) of''.

SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

    Section 126(b) of title 23, United States Code, is amended--
            (1) in the heading by inserting ``and Programs'' after 
        ``Set-asides'';
            (2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and 
        inserting ``, 130, 133(d)(1)(A), and 133(h)''; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Environmental programs.--With respect to an 
        apportionment under either paragraph (4) or paragraph (9) of 
        section 104(b), and notwithstanding subsection (a), a State may 
        only transfer not more than 50 percent from the amount of the 
        apportionment of either such paragraph to the apportionment 
        under the other such paragraph in a fiscal year.''.

SEC. 1110. TOLLING.

    (a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129 of 
title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Authorization for federal participation.--
                Subject to the provisions of this section, Federal 
                participation shall be permitted on the same basis and 
                in the same manner as construction of toll-free 
                highways is permitted under this chapter in the--
                            ``(i) initial construction of a toll 
                        highway, bridge, or tunnel or approach to the 
                        highway, bridge, or tunnel;
                            ``(ii) initial construction of 1 or more 
                        lanes or other improvements that increase 
                        capacity of a highway, bridge, or tunnel (other 
                        than a highway on the Interstate System) and 
                        conversion of that highway, bridge, or tunnel 
                        to a tolled facility, if the number of toll-
                        free lanes, excluding auxiliary lanes, after 
                        the construction is not less than the number of 
                        toll-free lanes, excluding auxiliary lanes, 
                        before the construction;
                            ``(iii) initial construction of 1 or more 
                        lanes or other improvements that increase the 
                        capacity of a highway, bridge, or tunnel on the 
                        Interstate System and conversion of that 
                        highway, bridge, or tunnel to a tolled 
                        facility, if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after such 
                        construction is not less than the number of 
                        toll-free non-HOV lanes, excluding auxiliary 
                        lanes, before such construction;
                            ``(iv) reconstruction, resurfacing, 
                        restoration, rehabilitation, or replacement of 
                        a toll highway, bridge, or tunnel or approach 
                        to the highway, bridge, or tunnel;
                            ``(v) reconstruction or replacement of a 
                        toll-free bridge or tunnel and conversion of 
                        the bridge or tunnel to a toll facility;
                            ``(vi) reconstruction of a toll-free 
                        Federal-aid highway (other than a highway on 
                        the Interstate System) and conversion of the 
                        highway to a toll facility;
                            ``(vii) reconstruction, restoration, or 
                        rehabilitation of a highway on the Interstate 
                        System if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after 
                        reconstruction, restoration, or rehabilitation 
                        is not less than the number of toll-free non-
                        HOV lanes, excluding auxiliary lanes, before 
                        reconstruction, restoration, or rehabilitation;
                            ``(viii) conversion of a high occupancy 
                        vehicle lane on a highway, bridge, or tunnel to 
                        a toll facility, subject to the requirements of 
                        section 166; and
                            ``(iv) preliminary studies to determine the 
                        feasibility of a toll facility for which 
                        Federal participation is authorized under this 
                        paragraph.
                    ``(B) Agreement to toll.--
                            ``(i) In general.--Before the Secretary may 
                        authorize tolling as described in this 
                        paragraph, the public authority with 
                        jurisdiction over a highway, bridge, or tunnel 
                        shall enter into an agreement with the 
                        Secretary to ensure compliance with the 
                        requirements of this subsection.
                            ``(ii) Applicability.--
                                    ``(I) In general.--The provisions 
                                of this paragraph shall apply to--
                                            ``(aa) Federal 
                                        participation under 
                                        subparagraph (A);
                                            ``(bb) any prior Federal 
                                        participation in the facility 
                                        proposed to be tolled; and
                                            ``(cc) conversion, with or 
                                        without Federal participation, 
                                        of a non-tolled lane on the 
                                        National Highway System to a 
                                        toll facility under 
                                        subparagraph (E).
                                    ``(II) HOV facility.--Except as 
                                otherwise provided in this subsection 
                                or section 166, the provisions of this 
                                paragraph shall not apply to a high 
                                occupancy vehicle facility.
                            ``(iii) Major federal action.--Approval by 
                        the Secretary of an agreement to toll under 
                        this paragraph shall be considered a major 
                        Federal action under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Agreement conditions.--Prior to entering into 
                an agreement to toll under this subsection, the public 
                authority shall certify to the Secretary that--
                            ``(i) the public authority has established 
                        procedures to ensure the toll meets the 
                        purposes and requirements of this subsection;
                            ``(ii) the facility shall provide for 
                        access at no cost to public transportation 
                        vehicles and over-the-road buses serving the 
                        public; and
                            ``(iii) the facility shall provide for the 
                        regional interoperability of electronic toll 
                        collection, including through technologies or 
                        business practices.
                    ``(D) Consideration of impacts.--
                            ``(i) In general.--Prior to entering into 
                        an agreement to toll under this section, the 
                        Secretary shall ensure the public authority has 
                        adequately considered, including by providing 
                        an opportunity for public comment, the 
                        following factors within the corridor:
                                    ``(I) Congestion impacts on both 
                                the toll facility and in the corridor 
                                or cordon (including adjacent toll-free 
                                facilities).
                                    ``(II) In the case of a non-
                                attainment or maintenance area, air 
                                quality impacts.
                                    ``(III) Planned investments to 
                                improve public transportation or other 
                                non-tolled alternatives in the 
                                corridor.
                                    ``(IV) Environmental justice and 
                                equity impacts.
                                    ``(V) Impacts on freight movement.
                                    ``(VI) Economic impacts on 
                                businesses.
                            ``(ii) Consideration in environmental 
                        review.--Nothing in this subparagraph shall 
                        limit a public authority from meeting the 
                        requirements of this subparagraph through the 
                        environmental review process, as applicable.
                    ``(E) Congestion pricing.--
                            ``(i) In general.--The Secretary may 
                        authorize conversion of a non-tolled lane on 
                        the National Highway System to a toll facility 
                        to utilize variable pricing to manage the 
                        demand to use the facility by varying the toll 
                        amount that is charged.
                            ``(ii) Requirement.--Prior to entering into 
                        an agreement to convert a non-tolled lane on 
                        the National Highway System to a toll facility, 
                        the Secretary shall ensure (in addition to the 
                        requirements under subparagraphs (B), (C), and 
                        (D)) that such toll facility and the planned 
                        investments to improve public transportation or 
                        other non-tolled alternatives in the corridor 
                        are reasonably expected to improve the 
                        operation of the cordon or corridor, as 
                        described in clauses (iii) and (iv).
                            ``(iii) Performance monitoring.--A public 
                        authority that enters into an agreement to 
                        convert a non-tolled lane to a toll facility 
                        under this subparagraph shall--
                                    ``(I) establish, monitor, and 
                                support a performance monitoring, 
                                evaluation, and reporting program--
                                            ``(aa) for the toll 
                                        facility that provides for 
                                        continuous monitoring, 
                                        assessment, and reporting on 
                                        the impacts that the pricing 
                                        structure may have on the 
                                        operation of the facility; and
                                            ``(bb) for the corridor or 
                                        cordon that provides for 
                                        continuous monitoring, 
                                        assessment, and reporting on 
                                        the impacts of congestion 
                                        pricing on the operation of the 
                                        corridor or cordon;
                                    ``(II) submit to the Secretary 
                                annual reports of the impacts described 
                                in subclause (I); and
                                    ``(III) if the facility or the 
                                corridor or cordon becomes degraded, as 
                                described in clause (iv), submit to the 
                                Secretary an annual update that 
                                describes the actions proposed to bring 
                                the toll facility into compliance and 
                                the progress made on such actions.
                            ``(iv) Determination.--
                                    ``(I) Degraded operation.--For 
                                purposes of clause (iii)(III), the 
                                operation of a toll facility shall be 
                                considered to be degraded if vehicles 
                                operating on the facility are failing 
                                to maintain a minimum average operating 
                                speed 90 percent of the time over a 
                                consecutive 180-day period during 
                                morning or evening weekday peak hour 
                                periods (or both).
                                    ``(II) Degraded corridor or 
                                cordon.--For the purposes of clause 
                                (iii)(III), a corridor or cordon shall 
                                be considered to be degraded if 
                                congestion pricing or investments to 
                                improve public transportation or other 
                                non-tolled alternatives have not 
                                resulted in--
                                            ``(aa) an increase in 
                                        person or freight throughput in 
                                        the corridor or cordon; and
                                            ``(bb) a reduction in 
                                        person hours of delay in the 
                                        corridor or cordon, as 
                                        determined by the Secretary.
                                    ``(III) Definition of minimum 
                                average operating speed.--In this 
                                subparagraph, the term `minimum average 
                                operating speed' means--
                                            ``(aa) 45 miles per hour, 
                                        in the case of a toll facility 
                                        with a speed limit of 50 miles 
                                        per hour or greater; and
                                            ``(bb) not more than 10 
                                        miles per hour below the speed 
                                        limit, in the case of a toll 
                                        facility with a speed limit of 
                                        less than 50 miles per hour.
                            ``(v) Maintenance of operating 
                        performance.--
                                    ``(I) In general.--Not later than 
                                180 days after the date on which a 
                                facility or a corridor or cordon 
                                becomes degraded under clause (iv), the 
                                public authority with jurisdiction over 
                                the facility shall submit to the 
                                Secretary for approval a plan that 
                                details the actions the public 
                                authority will take to make significant 
                                progress toward bringing the facility 
                                or corridor or cordon into compliance 
                                with this subparagraph.
                                    ``(II) Notice of approval or 
                                disapproval.--Not later than 60 days 
                                after the date of receipt of a plan 
                                under subclause (I), the Secretary 
                                shall provide to the public authority a 
                                written notice indicating whether the 
                                Secretary has approved or disapproved 
                                the plan based on a determination of 
                                whether the implementation of the plan 
                                will make significant progress toward 
                                bringing the facility or corridor or 
                                cordon into compliance with this 
                                subparagraph.
                                    ``(III) Update.--Until the date on 
                                which the Secretary determines that the 
                                public authority has brought facility 
                                or corridor or cordon into compliance 
                                with this subparagraph, the public 
                                authority shall submit annual updates 
                                that describe--
                                            ``(aa) the actions taken to 
                                        bring the facility into 
                                        compliance;
                                            ``(bb) the actions taken to 
                                        bring the corridor or cordon 
                                        into compliance; and
                                            ``(cc) the progress made by 
                                        those actions.
                                    ``(IV) Compliance.--If a public 
                                authority fails to bring a facility 
                                into compliance under this 
                                subparagraph, the Secretary may subject 
                                the public authority to appropriate 
                                program sanctions under section 1.36 of 
                                title 23, Code of Federal Regulations 
                                (or successor regulations), until the 
                                performance is no longer degraded.
                            ``(vi) Consultation of mpo.--If a toll 
                        facility authorized under this subparagraph is 
                        located on the National Highway System and in a 
                        metropolitan planning area established in 
                        accordance with section 134, the public 
                        authority shall consult with the metropolitan 
                        planning organization for the area.
                            ``(vii) Inclusion.--For the purposes of 
                        this paragraph, the corridor or cordon shall 
                        include toll-free facilities that are adjacent 
                        to the toll facility.'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (iv) by striking 
                                ``and'' at the end; and
                                    (II) by striking clause (v) and 
                                inserting the following:
                            ``(v) any project eligible under this title 
                        or chapter 53 of title 49 that improves the 
                        operation of the corridor or cordon by 
                        increasing person or freight throughput and 
                        reducing person hours of delay;
                            ``(vi) toll discounts or rebates for users 
                        of the toll facility that have no reasonable 
                        alternative transportation method to the toll 
                        facility; and
                            ``(vii) if the public authority certifies 
                        annually that the tolled facility is being 
                        adequately maintained and the cordon or 
                        corridor is not degraded under paragraph 
                        (1)(E), any revenues remaining after funding 
                        the activities described in clauses (i) through 
                        (vi) shall be considered surplus revenue and 
                        may be used for any other purpose for which 
                        Federal funds may be obligated by a State under 
                        this title or chapter 53 of title 49.'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Transparency.--
                            ``(i) Annual audit.--
                                    ``(I) In general.--A public 
                                authority with jurisdiction over a toll 
                                facility shall conduct or have an 
                                independent auditor conduct an annual 
                                audit of toll facility records to 
                                verify adequate maintenance and 
                                compliance with subparagraph (A), and 
                                report the results of the audits to the 
                                Secretary.
                                    ``(II) Records.--On reasonable 
                                notice, the public authority shall make 
                                all records of the public authority 
                                pertaining to the toll facility 
                                available for audit by the Secretary.
                            ``(ii) Surplus revenues.--A State that 
                        obligates amounts under clauses (v), (vi), or 
                        (vii) of subparagraph (A) shall annually report 
                        to the Secretary a list of activities funded 
                        with such amounts and the amount of funding 
                        provided for each such activity.'';
                    (C) in paragraph (8) by striking ``as of the date 
                of enactment of the MAP-21, before commencing any 
                activity authorized'' and inserting ``, before 
                commencing any activity authorized''; and
                    (D) by striking paragraph (10) and inserting the 
                following:
            ``(10) Interoperability of electronic toll collection.--All 
        toll facilities on Federal-aid highways shall provide for the 
        regional interoperability of electronic toll collection, 
        including through technologies or business practices.
            ``(11) Noncompliance.--If the Secretary concludes that a 
        public authority has not complied with the requirements of this 
        subsection, the Secretary may require the public authority to 
        discontinue collecting tolls until the public authority and the 
        Secretary enter into an agreement for the public authority to 
        achieve compliance with such requirements.
            ``(12) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Federal participation.--The term `Federal 
                participation' means the use of funds made available 
                under this title.
                    ``(B) High occupancy vehicle; hov.--The term `high 
                occupancy vehicle' or `HOV' means a vehicle with not 
                fewer than 2 occupants.
                    ``(C) Initial construction.--
                            ``(i) In general.--The term `initial 
                        construction' means the construction of a 
                        highway, bridge, tunnel, or other facility at 
                        any time before it is open to traffic.
                            ``(ii) Exclusions.--The term `initial 
                        construction' does not include any improvement 
                        to a highway, bridge, tunnel, or other facility 
                        after it is open to traffic.
                    ``(D) Over-the-road bus.--The term `over-the-road 
                bus' has the meaning given the term in section 301 of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12181).
                    ``(E) Public authority.--The term `public 
                authority' means a State, interstate compact of States, 
                or public entity designated by a State.
                    ``(F) Public transportation vehicle.--The term 
                `public transportation vehicle' has the meaning given 
                that term in section 166.
                    ``(G) Toll facility.--The term `toll facility' 
                means a toll highway, bridge, or tunnel or approach to 
                the highway, bridge, or tunnel constructed or 
                authorized to be tolled under this subsection.''.
    (b) Repeal of Interstate System Reconstruction and Rehabilitation 
Pilot Program.--Section 1216 of the Transportation Equity Act for the 
21st Century (23 U.S.C. 129 note), and the item related to such section 
in the table of contents in section 1(b) of such Act, are repealed.
    (c) Value Pricing Pilot Program.--Section 1012(b) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is 
amended by adding at the end the following:
            ``(9) Sunset.--The Secretary may not consider an expression 
        of interest submitted under this section after the date of 
        enactment of this paragraph.''.
    (d) Savings Clause.--
            (1) Application of limitations.--Any toll facility 
        described in paragraph (2) shall be subject to the requirements 
        of section 129(a)(3) of title 23, United States Code, as in 
        effect on the day before the date of enactment of this Act.
            (2) Toll facilities.--A toll facility described in this 
        paragraph is a facility that, on the day prior to the date of 
        enactment of this Act was--
                    (A) operating;
                    (B) in the planning and design phase; or
                    (C) in the construction phase.

SEC. 1111. HOV FACILITIES.

    Section 166 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)(C)(iii) by striking 
                ``transportation buses'' and inserting ``transportation 
                vehicles''; and
                    (B) in paragraph (5) by striking subparagraph (B) 
                and redesignating subparagraph (C) as subparagraph (B);
            (2) in subsection (e)--
                    (A) by striking ``Not later than 180 days after the 
                date of enactment of this section, the Administrator'' 
                and inserting ``The Administrator'';
                    (B) in paragraph (1) by striking ``and'' at the 
                end;
                    (C) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) not later than 180 days after the date of enactment 
        of the INVEST in America Act, update the requirements 
        established under paragraph (1).''; and
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraphs (C), (D), and 
                        (F); and
                            (ii) by redesignating subparagraphs (E), 
                        (G), (H), and (I) as subparagraphs (C), (D), 
                        (E), and (F), respectively; and
                    (B) in paragraph (6)(B)(i) by striking ``public 
                entity'' and inserting ``public transportation service 
                that is a recipient or subrecipient of funds under 
                chapter 53 of title 49''.

SEC. 1112. BUY AMERICA.

    (a) In General.--Section 313 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Notwithstanding'' and inserting 
                ``In General--Notwithstanding'';
                    (B) by striking ``Secretary of Transportation'' and 
                inserting ``Secretary''; and
                    (C) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or'';
            (2) in subsection (b) by inserting ``Determination.--'' 
        before ``The provisions'';
            (3) in subsection (c) by striking ``For purposes'' and 
        inserting ``Calculation--For purposes'';
            (4) in subsection (d)--
                    (A) by striking ``The Secretary of Transportation'' 
                and inserting ``Requirements--The Secretary''; and
                    (B) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or''; and
            (5) by adding at the end the following:
    ``(h) Waiver Procedure.--
            ``(1) In general.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under paragraph (1) or (2) of subsection (b) as 
        to whether subsection (a) shall apply.
            ``(2) Public notification and comment.--
                    ``(A) In general.--Not later than 30 days before 
                making a determination regarding a waiver described in 
                paragraph (1), the Secretary shall provide notification 
                and an opportunity for public comment on the request 
                for such waiver.
                    ``(B) Notification requirements.--The notification 
                required under subparagraph (A) shall--
                            ``(i) describe whether the application is 
                        being made for a determination described in 
                        subsection (b)(1); and
                            ``(ii) be provided to the public by 
                        electronic means, including on the public 
                        website of the Department of Transportation.
            ``(3) Determination.--Before a determination described in 
        paragraph (1) takes effect, the Secretary shall publish a 
        detailed justification for such determination that addresses 
        all public comments received under paragraph (2)--
                    ``(A) on the public website of the Department of 
                Transportation; and
                    ``(B) if the Secretary issues a waiver with respect 
                to such determination, in the Federal Register.
    ``(i) Review of Nationwide Waivers.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, and at least every 5 years 
        thereafter, the Secretary shall review any standing nationwide 
        waiver issued by the Secretary under this section to ensure 
        such waiver remains justified.
            ``(2) Public notification and opportunity for comment.--
                    ``(A) In general.--Not later than 30 days before 
                the completion of a review under paragraph (1), the 
                Secretary shall provide notification and an opportunity 
                for public comment on such review.
                    ``(B) Means of notification.--Notification provided 
                under this subparagraph shall be provided by electronic 
                means, including on the public website of the 
                Department of Transportation.
            ``(3) Detailed justification in federal register.--After 
        the completion of a review under paragraph (1), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the determination made under paragraph (1) that addresses 
        all public comments received under paragraph (2).
    ``(j) Report.--Not later than 120 days after the last day of each 
fiscal year, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Appropriations of the House of Representatives, the 
Committee on Environment and Public Works of the Senate, and the 
Committee on Appropriations of the Senate a report on the waivers 
provided under subsection (h) during the previous fiscal year and the 
justifications for such waivers.''.
    (b) Conforming Amendments.--
            (1) Consolidated appropriations act, 2010.--Section 123 of 
        title I of division A of the Consolidated Appropriations Act, 
        2010 (23 U.S.C. 313 note; Public Law 111-117) is repealed.
            (2) Consolidated appropriations act, 2019.--Section 122 of 
        title I of division H of the Consolidated Appropriations Act, 
        2019 (23 U.S.C. 313 note; Public Law 116-94) is repealed.
            (3) SAFETEA-LU technical corrections act of 2008.--Section 
        117 of the SAFETEA-LU Technical Corrections Act of 2008 (23 
        U.S.C. 313 note) is repealed.

           Subtitle B--Programmatic Infrastructure Investment

SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    Section 119 of title 23, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Purposes.--The purposes of the national highway performance 
program shall be--
            ``(1) to provide support for the condition and performance 
        of Federal-aid highways and bridges on the National Highway 
        System, consistent with the asset management plans of States;
            ``(2) to support progress toward the achievement of 
        performance targets of States established under section 150;
            ``(3) to increase the resilience of Federal-aid highways 
        and bridges; and
            ``(4) to provide support for the construction of new 
        facilities on the National Highway System, consistent with 
        subsection (d)(3).'';
            (2) in subsection (d)--
                    (A) in paragraph (1)(A) by striking ``or freight 
                movement on the National Highway System'' and inserting 
                ``freight movement, environmental sustainability, 
                transportation system access, or combating climate 
                change'';
                    (B) in paragraph (1)(B) by striking ``and'' at the 
                end;
                    (C) in paragraph (2)--
                            (i) in subparagraph (G)--
                                    (I) in clause (i) by inserting 
                                ``and'' at the end;
                                    (II) in clause (ii) by striking ``; 
                                and'' and inserting a period; and
                                    (III) by striking clause (iii);
                            (ii) in subparagraph (I) by inserting ``, 
                        including the installation of safety barriers 
                        and nets on bridges on the National Highway 
                        System'' after ``National Highway System''; and
                            (iii) by adding at the end the following:
                    ``(Q) Projects on or off the National Highway 
                System to reduce greenhouse gas emissions that are 
                eligible under section 171, including the installation 
                of electric vehicle charging infrastructure.
                    ``(R) Projects on or off the National Highway 
                System to enhance resilience of a transportation 
                facility, including protective features.
                    ``(S) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                otherwise eligible for assistance under this section.
                    ``(T) Projects on or off the National Highway 
                System to improve an evacuation route eligible under 
                section 124(b)(1)(C); and''; and
                    (D) by adding at the end the following:
            ``(3) a project that is otherwise eligible under this 
        subsection to construct new capacity for single occupancy 
        passenger vehicles only if the State--
                    ``(A) has demonstrated progress in achieving a 
                state of good repair on the National Highway System; 
                and
                    ``(B) demonstrates that the project--
                            ``(i) supports the achievement of 
                        performance targets of the State established 
                        under section 150; and
                            ``(ii) is more cost effective, as 
                        determined by benefit-cost analysis, than--
                                    ``(I) an operational improvement to 
                                the facility or corridor;
                                    ``(II) the construction of a 
                                transit project eligible for assistance 
                                under chapter 53 of title 49; or
                                    ``(III) the construction of a non-
                                single occupancy passenger vehicle 
                                project that improves freight 
                                movement.''; and
            (3) in subsection (e)--
                    (A) in the heading by inserting ``Asset and'' after 
                ``State'';
                    (B) in paragraph (4)(D) by striking ``analysis'' 
                and inserting ``analyses, both of which shall take into 
                consideration climate change adaptation and 
                resilience;''; and
                    (C) in paragraph (8) by striking ``Not later than 
                18 months after the date of enactment of the MAP-21, 
                the Secretary'' and inserting ``The Secretary''.

SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.

    (a) Predisaster Mitigation Program.--
            (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by inserting after section 123 the following:
``Sec. 124. Predisaster mitigation program
    ``(a) Establishment.--The Secretary shall establish and implement a 
predisaster mitigation program to enhance the resilience of the 
transportation system of the United States, mitigate the impacts of 
covered events, and ensure the efficient use of Federal resources.
    ``(b) Eligible Activities.--
            ``(1) In general.--Subject to paragraph (2), funds 
        apportioned to the State under section 104(b)(8) may be 
        obligated for construction activities, including construction 
        of natural infrastructure or protective features, to--
                    ``(A) increase the resilience of a surface 
                transportation infrastructure asset to withstand a 
                covered event;
                    ``(B) relocate or provide a reasonable alternative 
                to a repeatedly damaged facility; and
                    ``(C) for an evacuation route identified in the 
                vulnerability assessment required under section 
                134(i)(2)(I)(iii) or section 135(f)(10)(C)--
                            ``(i) improve the capacity or operation of 
                        such evacuation route through--
                                    ``(I) communications and 
                                intelligent transportation system 
                                equipment and infrastructure;
                                    ``(II) counterflow measures; and
                                    ``(III) shoulders; and
                            ``(ii) relocate such evacuation route or 
                        provide a reasonable alternative to such 
                        evacuation route to address the risk of a 
                        covered event.
            ``(2) Infrastructure resilience and adaptation.--No funds 
        shall be obligated to a project under this section unless the 
        project meets each of the following criteria:
                    ``(A) The project is designed to ensure resilience 
                over the anticipated service life of the surface 
                transportation infrastructure asset.
                    ``(B) The project is identified in the metropolitan 
                or statewide transportation improvement program as a 
                project to address resilience vulnerabilities, 
                consistent with section 134(j)(3)(E) or 
                135(g)(5)(B)(iii).
                    ``(C) For a project in a flood plain, the project 
                sponsor considers hydrologic and hydraulic data and 
                methods that integrate current and projected changes in 
                flooding based on climate science and future land use 
                changes over the anticipated service life of the 
                surface transportation infrastructure asset.
            ``(3) Prioritization of projects.--A State shall develop a 
        process to prioritize projects under this section based on the 
        degree to which the proposed project would--
                    ``(A) be cost effective;
                    ``(B) reduce the risk of disruption to a surface 
                transportation infrastructure asset considered critical 
                to support population centers, freight movement, 
                economic activity, evacuation, recovery, or national 
                security functions; and
                    ``(C) ease disruptions to vulnerable, at-risk, or 
                transit-dependant populations.
    ``(c) Guidance.--The Secretary shall provide guidance to States to 
assist with the implementation of paragraphs (2) and (3) of subsection 
(b).
    ``(d) Definitions.--In this section:
            ``(1) Covered event.--The term `covered event' means a 
        climate change effect (including sea level rise), an extreme 
        event, seismic activity, or any other natural disaster 
        (including a wildfire).
            ``(2) Surface transportation infrastructure asset.--The 
        term `surface transportation infrastructure asset' means a 
        facility eligible for assistance under this title or chapter 53 
        of title 49.''.
            (2) Conforming amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by inserting after the 
        item relating to section 123 the following:

``124. Predisaster mitigation program.''.
    (b) Metropolitan Transportation Planning.--
            (1) Amendments to title 23.--
                    (A) Climate change and resilience.--Section 
                134(i)(2) of title 23, United States Code, is amended 
                by adding at the end the following:
                    ``(I) Climate change and resilience.--
                            ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                            ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                    ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                    ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                    ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                            ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                    ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124);
                                    ``(II) considers, as applicable, 
                                the risk management analysis in the 
                                State's asset management plan developed 
                                pursuant to section 119, and the 
                                State's evaluation of reasonable 
                                alternatives to repeatedly damaged 
                                facilities;
                                    ``(III) identifies evacuation 
                                routes, assesses the ability of any 
                                such routes to provide safe passage for 
                                evacuation and emergency response 
                                during an emergency event, and 
                                identifies any improvements or 
                                redundant facilities necessary to 
                                adequately facilitate safe passage;
                                    ``(IV) describes the metropolitan 
                                planning organization's adaptation and 
                                resilience improvement strategies that 
                                will inform the transportation 
                                investment decisions of the 
                                metropolitan planning organization; and
                                    ``(V) is 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).
                            ``(iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation with, as appropriate, 
                        State, local, and Tribal officials responsible 
                        for land use, housing, resilience, hazard 
                        mitigation, and emergency management.''.
                    (B) Resilience projects.--Section 134(j)(3) of 
                title 23, United States Code, is amended by adding at 
                the end the following:
                    ``(E) Resilience projects.--The TIP shall--
                            ``(i) identify projects that address the 
                        vulnerabilities identified by the assessment in 
                        subsection (i)(2)(I)(iii); and
                            ``(ii) describe how each project identified 
                        under clause (i) would improve the resilience 
                        of the transportation system.''.
            (2) Amendments to title 49.--
                    (A) Climate change and resilience.--Section 
                5303(i)(2) of title 49, United States Code, is amended 
                by adding at the end the following:
                    ``(I) Climate change and resilience.--
                            ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                            ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                    ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                    ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                    ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                            ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                    ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124 of title 23);
                                    ``(II) considers, as applicable, 
                                the risk management analysis in the 
                                State's asset management plan developed 
                                pursuant to section 119 of title 23, 
                                and the State's evaluation of 
                                reasonable alternatives to repeatedly 
                                damaged facilities;
                                    ``(III) identifies evacuation 
                                routes, assesses the ability of any 
                                such routes to provide safe passage for 
                                evacuation and emergency response 
                                during an emergency event, and 
                                identifies any improvements or 
                                redundant facilities necessary to 
                                adequately facilitate safe passage;
                                    ``(IV) describes the metropolitan 
                                planning organization's adaptation and 
                                resilience improvement strategies that 
                                will inform the transportation 
                                investment decisions of the 
                                metropolitan planning organization; and
                                    ``(V) is 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).
                            ``(iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation, as appropriate, with 
                        State, local, and Tribal officials responsible 
                        for land use, housing, resilience, hazard 
                        mitigation, and emergency management.''.
                    (B) Resilience projects.--Section 5303(j)(3) of 
                title 49, United States Code, is amended by adding at 
                the end the following:
                    ``(E) Resilience projects.--The TIP shall--
                            ``(i) identify projects that address the 
                        vulnerabilities identified by the assessment in 
                        subsection (i)(2)(I)(iii); and
                            ``(ii) describe how each project identified 
                        under clause (i) would improve the resilience 
                        of the transportation system.''.
    (c) Statewide and Nonmetropolitan Planning.--
            (1) Amendments to title 23.--
                    (A) Climate change and resilience.--Section 135(f) 
                of title 23, United States Code, is amended by adding 
                at the end the following:
            ``(10) Climate change and resilience.--
                    ``(A) In general.--The transportation planning 
                process shall assess strategies to reduce the climate 
                change impacts of the surface transportation system and 
                conduct a vulnerability assessment to identify 
                opportunities to enhance the resilience of the surface 
                transportation system and ensure the efficient use of 
                Federal resources.
                    ``(B) Climate change mitigation and impacts.--A 
                long-range transportation plan shall--
                            ``(i) identify investments and strategies 
                        to reduce transportation-related sources of 
                        greenhouse gas emissions per capita;
                            ``(ii) identify investments and strategies 
                        to manage transportation demand and increase 
                        the rates of public transportation ridership, 
                        walking, bicycling, and carpools; and
                            ``(iii) recommend zoning and other land use 
                        policies that would support infill, transit-
                        oriented development, and mixed use 
                        development.
                    ``(C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a vulnerability 
                assessment that--
                            ``(i) includes a risk-based assessment of 
                        vulnerabilities of critical transportation 
                        assets and systems to covered events (as such 
                        term is defined in section 124);
                            ``(ii) considers, as applicable, the risk 
                        management analysis in the State's asset 
                        management plan developed pursuant to section 
                        119, and the State's evaluation of reasonable 
                        alternatives to repeatedly damaged facilities;
                            ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                            ``(iv) describes the metropolitan planning 
                        organization's adaptation and resilience 
                        improvement strategies that will inform the 
                        transportation investment decisions of the 
                        metropolitan planning organization; and
                            ``(v) is 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).
                    ``(D) Consultation.--The assessment described in 
                this subparagraph shall be developed in consultation 
                with, as appropriate, State, local, and Tribal 
                officials responsible for land use, housing, 
                resilience, hazard mitigation, and emergency 
                management.''.
                    (B) Resilience projects.--Section 135(g)(5)(B) of 
                title 23, United States Code, is amended by adding at 
                the end the following:
                            ``(iii) Resilience projects.--The STIP 
                        shall--
                                    ``(I) identify projects that 
                                address the vulnerabilities identified 
                                by the assessment in subsection 
                                (i)(10)(B); and
                                    ``(II) describe how each project 
                                identified under subclause (I) would 
                                improve the resilience of the 
                                transportation system.''.
            (2) Amendments to title 49.--
                    (A) Climate change and resilience.--Section 5304(f) 
                of title 49, United States Code, is amended by adding 
                at the end the following:
            ``(10) Climate change and resilience.--
                    ``(A) In general.--The transportation planning 
                process shall assess strategies to reduce the climate 
                change impacts of the surface transportation system and 
                conduct a vulnerability assessment to identify 
                opportunities to enhance the resilience of the surface 
                transportation system and ensure the efficient use of 
                Federal resources.
                    ``(B) Climate change mitigation and impacts.--A 
                long-range transportation plan shall--
                            ``(i) identify investments and strategies 
                        to reduce transportation-related sources of 
                        greenhouse gas emissions per capita;
                            ``(ii) identify investments and strategies 
                        to manage transportation demand and increase 
                        the rates of public transportation ridership, 
                        walking, bicycling, and carpools; and
                            ``(iii) recommend zoning and other land use 
                        policies that would support infill, transit-
                        oriented development, and mixed use 
                        development.
                    ``(C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a vulnerability 
                assessment that--
                            ``(i) includes a risk-based assessment of 
                        vulnerabilities of critical transportation 
                        assets and systems to covered events (as such 
                        term is defined in section 124 of title 23);
                            ``(ii) considers, as applicable, the risk 
                        management analysis in the State's asset 
                        management plan developed pursuant to section 
                        119 of title 23, and the State's evaluation of 
                        reasonable alternatives to repeatedly damaged 
                        facilities;
                            ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                            ``(iv) describes the metropolitan planning 
                        organization's adaptation and resilience 
                        improvement strategies that will inform the 
                        transportation investment decisions of the 
                        metropolitan planning organization; and
                            ``(v) is 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).
                    ``(D) Consultation.--The assessment described in 
                this subparagraph shall be developed in consultation 
                with, as appropriate, State, local, and Tribal 
                officials responsible for land use, housing, 
                resilience, hazard mitigation, and emergency 
                management.''.
                    (B) Resilience projects.--Section 5304(g)(5)(B) of 
                title 49, United States Code, is amended by adding at 
                the end the following:
                            ``(iii) Resilience projects.--The STIP 
                        shall--
                                    ``(I) identify projects that 
                                address the vulnerabilities identified 
                                by the assessment in subsection 
                                (i)(10)(B); and
                                    ``(II) describe how each project 
                                identified under subclause (I) would 
                                improve the resilience of the 
                                transportation system.''.

SEC. 1203. EMERGENCY RELIEF.

    (a) In General.--Section 125 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(1) by inserting ``wildfire,'' after 
        ``severe storm,'';
            (2) by striking subsection (b);
            (3) in subsection (c)(2)(A) by striking ``in any 1 fiscal 
        year commencing after September 30, 1980,'' and inserting ``in 
        any fiscal year'';
            (4) in subsection (d)--
                    (A) in paragraph (3)(C) by striking ``subsection 
                (e)(1)'' and inserting ``subsection (g)'';
                    (B) by redesignating paragraphs (3), (4), and (5) 
                as paragraphs (4), (5), and (6), respectively; and
                    (C) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) In general.--The Secretary may expend funds from the 
        emergency fund authorized by this section only for the repair 
        or reconstruction of highways on Federal-aid highways in 
        accordance with this chapter.
            ``(2) Restrictions.--
                    ``(A) In general.--No funds shall be expended from 
                the emergency fund authorized by this section unless--
                            ``(i) an emergency has been declared by the 
                        Governor of the State with concurrence by the 
                        Secretary, unless the President has declared 
                        the emergency to be a major disaster for the 
                        purposes of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.) for which concurrence of the 
                        Secretary is not required; and
                            ``(ii) the Secretary has received an 
                        application from the State transportation 
                        department that includes a comprehensive list 
                        of all eligible project sites and repair costs 
                        by not later than 6 years after the natural 
                        disaster or catastrophic failure.
                    ``(B) Cost limitation.--The total cost of a project 
                funded under this section may not exceed the cost of 
                repair or reconstruction of a comparable facility 
                unless the Secretary determines that the project 
                incorporates economically justified betterments, 
                including protective features to increase the 
                resilience of the facility.
            ``(3) Special rule for bridge projects.--In no case shall 
        funds be used under this section for the repair or 
        reconstruction of a bridge--
                    ``(A) that has been permanently closed to all 
                vehicular traffic by the State or responsible local 
                official because of imminent danger of collapse due to 
                a structural deficiency or physical deterioration; or
                    ``(B) if a construction phase of a replacement 
                structure is included in the approved statewide 
                transportation improvement program at the time of an 
                event described in subsection (a).'';
            (5) in subsection (e)--
                    (A) by striking paragraph (1);
                    (B) in paragraph (2) by striking ``subsection 
                (d)(1)'' and inserting ``subsection (c)(1)''; and
                    (C) by redesignating paragraphs (2) and (3), as 
                amended, as paragraphs (1) and (2), respectively;
            (6) by redesignating subsections (c) through (g), as 
        amended, as subsections (b) through (f), respectively; and
            (7) by adding at the end the following:
    ``(g) Definitions.--In this section:
            ``(1) Comparable facility.--The term `comparable facility' 
        means a facility that meets the current geometric and 
        construction standards required for the types and volume of 
        traffic that the facility will carry over its design life.
            ``(2) Construction phase.--The term `construction phase' 
        means the phase of physical construction of a highway or bridge 
        facility that is separate from any other identified phases, 
        such as planning, design, or right-of-way phases, in the State 
        transportation improvement program.
            ``(3) Open to public travel.--The term `open to public 
        travel' means with respect to a road, that, except during 
        scheduled periods, extreme weather conditions, or emergencies, 
        the road--
                    ``(A) is maintained;
                    ``(B) is open to the general public; and
                    ``(C) can accommodate travel by a standard 
                passenger vehicle, without restrictive gates or 
                prohibitive signs or regulations, other than for 
                general traffic control or restrictions based on size, 
                weight, or class of registration.
            ``(4) Standard passenger vehicle.--The term `standard 
        passenger vehicle' means a vehicle with 6 inches of clearance 
        from the lowest point of the frame, body, suspension, or 
        differential to the ground.''.
    (b) Conforming Amendments.--
            (1) Federal lands and tribal transportation programs.--
        Section 201(c)(8)(A) of title 23, United States Code, is 
        amended by striking ``section 125(e)'' and inserting ``section 
        125(g)''.
            (2) Tribal transportation program.--Section 202(b)(6)(A) of 
        title 23, United States Code, is amended by striking ``section 
        125(e)'' and inserting ``section 125(d)''.

SEC. 1204. RAILWAY CROSSINGS.

    (a) In General.--Section 130 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``Railway-highway 
        crossings'' and inserting ``Railway crossings'';
            (2) in subsection (a)--
                    (A) by striking ``Subject to section 120 and 
                subsection (b) of this section, the entire'' and 
                inserting ``In General.--The'';
                    (B) by striking ``then the entire'' and inserting 
                ``the''; and
                    (C) by striking ``, subject to section 120 and 
                subsection (b) of this section,'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Classification.--
            ``(1) In general.--The construction of projects for the 
        elimination of hazards at railway crossings represents a 
        benefit to the railroad. The Secretary shall classify the 
        various types of projects involved in the elimination of 
        hazards of railway-highway crossings, and shall set for each 
        such classification a percentage of the total project cost that 
        represent the benefit to the railroad or railroads for the 
        purpose of determining the railroad's share of the total 
        project cost. The Secretary shall determine the appropriate 
        classification of each project.
            ``(2) Noncash contributions.--
                    ``(A) In general.--Not more than 5 percent of the 
                cost share described in paragraph (1) may be 
                attributable to noncash contributions of materials and 
                labor furnished by the railroad in connection with the 
                construction of such project.
                    ``(B) Requirement.--The requirements under section 
                200.306 and 200.403(g) of title 2, Code of Federal 
                Regulations (or successor regulations), shall apply to 
                any noncash contributions under this subsection.
            ``(3) Total project cost.--For the purposes of this 
        subsection, the determination of the railroad's share of the 
        total project cost shall include environment, design, right-of-
        way, utility accommodation, and construction phases of the 
        project.'';
            (4) in subsection (c)--
                    (A) by striking ``Any railroad involved'' and 
                inserting ``Benefit.--Any railroad involved'';
                    (B) by striking ``the net benefit'' and inserting 
                ``the cost associated with the benefit''; and
                    (C) by striking ``Such payment may consist in whole 
                or in part of materials and labor furnished by the 
                railroad in connection with the construction of such 
                project.'';
            (5) by striking subsection (e) and inserting the following:
    ``(e) Railway Crossings.--
            ``(1) Eligible activities.--Funds apportioned to a State 
        under section 104(b)(7) may be obligated for the following:
                    ``(A) The elimination of hazards at railway-highway 
                crossings, including technology or protective upgrades.
                    ``(B) Construction (including installation and 
                replacement) of protective devices at railway-highway 
                crossings.
                    ``(C) Infrastructure and noninfrastructure projects 
                and strategies to prevent or reduce suicide or 
                trespasser fatalities and injuries along railroad 
                rights-of-way and at or near railway-highway crossings.
                    ``(D) Projects to mitigate any degradation in the 
                level of access from a highway-grade crossing closure.
                    ``(E) Bicycle and pedestrian railway grade crossing 
                improvements, including underpasses and overpasses.
                    ``(F) Projects eligible under section 22907(c)(5) 
                of title 49, provided that amounts obligated under this 
                subparagraph--
                            ``(i) shall be administered by the 
                        Secretary in accordance with such section as if 
                        such amounts were made available to carry out 
                        such section; and
                            ``(ii) may be used to pay up to 90 percent 
                        of the non-Federal share of the cost of a 
                        project carried out under such section.
            ``(2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met all its 
        needs for installation of protective devices at railway-highway 
        crossings, the State may use funds made available by this 
        section for other highway safety improvement program 
        purposes.'';
            (6) by striking subsection (f) and inserting the following:
    ``(f) Federal Share.--Notwithstanding section 120, the Federal 
share payable on account of any project financed with funds made 
available to carry out subsection (e) shall be up to 90 percent of the 
cost thereof.'';
            (7) by striking subsection (g) and inserting the following:
    ``(g) Report.--
            ``(1) State report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the INVEST in America Act, and at 
                least biennially thereafter, each State shall submit to 
                the Secretary a report on the progress being made to 
                implement the railway crossings program authorized by 
                this section and the effectiveness of such 
                improvements.
                    ``(B) Contents.--Each State report under 
                subparagraph (A) shall contain an assessment of the 
                costs of the various treatments employed and subsequent 
                accident experience at improved locations.
            ``(2) Departmental report.--
                    ``(A) In general.--Not later than 180 days after 
                the deadline for the submission of a report under 
                paragraph (1)(A), the Secretary shall publish on the 
                website of the Department of Transportation a report on 
                the progress being made by the State in implementing 
                projects to improve railway-highway crossings.
                    ``(B) Contents.--The report under subparagraph (A) 
                shall include--
                            ``(i) the number of projects undertaken;
                            ``(ii) distribution of such projects by 
                        cost range, road system, nature of treatment, 
                        and subsequent accident experience at improved 
                        locations;
                            ``(iii) an analysis and evaluation of each 
                        State program;
                            ``(iv) the identification of any State 
                        found not to be in compliance with the schedule 
                        of improvements required by subsection (d); and
                            ``(v) recommendations for future 
                        implementation of the railway crossings 
                        program.'';
            (8) in subsection (j)--
                    (A) in the heading by inserting ``and Pedestrian'' 
                after ``Bicycle''; and
                    (B) by inserting ``and pedestrian'' after 
                ``bicycle''; and
            (9) in subsection (l)--
                    (A) in paragraph (1) by striking ``Not later than'' 
                and all that follows through ``each State'' and 
                inserting ``Not later than 6 months after a new railway 
                crossing becomes operational, each State''; and
                    (B) in paragraph (2) by striking ``On a periodic'' 
                and all that follows through ``every year thereafter'' 
                and inserting ``On or before September 30 of each 
                year''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by amending the item relating to section 
130 to read as follows:

``130. Railway crossings.''.
    (c) GAO Study.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report that includes an analysis of the effectiveness of 
the railway crossing program under section 130 of title 23, United 
States Code.
    (d) Sense of Congress Relating to Trespasser Deaths Along Railroad 
Rights-of-way.--It is the sense of Congress that the Department of 
Transportation should, where feasible, coordinate departmental efforts 
to prevent or reduce trespasser deaths along railroad rights-of-way and 
at or near railway-highway crossings.

SEC. 1205. SURFACE TRANSPORTATION PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended--
            (1) in the heading by striking ``block grant'';
            (2) in subsection (a) by striking ``block grant'';
            (3) in subsection (b)--
                    (A) by striking ``block grant'';
                    (B) in paragraph (4) by striking ``railway-highway 
                grade crossings'' and inserting ``projects eligible 
                under section 130 and installation of safety barriers 
                and nets on bridges'';
                    (C) in paragraph (6)--
                            (i) by striking ``Recreational'' and 
                        inserting ``Transportation alternatives 
                        projects eligible under subsection (h), 
                        recreational''; and
                            (ii) by striking ``1404 of SAFETEA-LU (23 
                        U.S.C. 402 note)'' and inserting ``211''; and
                    (D) by adding at the end the following:
            ``(16) Protective features (including natural 
        infrastructure) to enhance the resiliency of a transportation 
        facility otherwise eligible for assistance under this section.
            ``(17) Projects to reduce greenhouse gas emissions eligible 
        under section 171, including the installation of electric 
        vehicle charging infrastructure.
            ``(18) Projects and strategies to reduce vehicle-caused 
        wildlife mortality related to, or to restore and maintain 
        connectivity among terrestrial or aquatic habitats affected by, 
        a transportation facility otherwise eligible for assistance 
        under this section.'';
            (4) in subsection (c)--
                    (A) by striking ``block grant'' and inserting 
                ``program'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) for a project described in--
                    ``(A) subsection (h); or
                    ``(B) section 101(a)(29), as in effect on the day 
                before the date of enactment of the FAST Act;'';
                    (C) by redesignating paragraph (4) as paragraph 
                (5); and
                    (D) by inserting after paragraph (3) the following:
            ``(4) for a project described in section 5308 of title 49; 
        and'';
            (5) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by inserting ``each fiscal year'' after 
                        ``apportioned to a State'';
                            (ii) by striking ``the reservation of'' and 
                        inserting ``setting aside''; and
                            (iii) in subparagraph (A)--
                                    (I) by striking ``the percentage 
                                specified in paragraph (6) for a fiscal 
                                year'' and inserting ``55 percent'';
                                    (II) in clause (i) by striking ``of 
                                over'' and inserting ``greater than''; 
                                and
                                    (III) by striking clauses (ii) and 
                                (iii) and inserting the following:
                            ``(ii) in urbanized areas of the State with 
                        an urbanized area population greater than 
                        49,999 and less than 200,001;
                            ``(iii) in urban areas of the State with a 
                        population greater than 4,999 and less than 
                        50,000; and
                            ``(iv) in other areas of the State with a 
                        population less than 5,000; and'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Local coordination and consultation.--
                    ``(A) Coordination with metropolitan planning 
                organizations.--For purposes of paragraph (1)(A)(ii), a 
                State shall--
                            ``(i) establish a process to coordinate 
                        with all metropolitan planning organizations in 
                        the State that represent an urbanized area 
                        described in such paragraph; and
                            ``(ii) describe how funds described under 
                        paragraph (1)(A)(ii) will be allocated 
                        equitably among such urbanized areas during the 
                        period of fiscal years 2022 through 2025.
                    ``(B) Joint responsibility.--Each State and the 
                Secretary shall jointly ensure compliance with 
                subparagraph (A).
                    ``(C) Consultation with regional transportation 
                planning organizations.--For purposes of clauses (iii) 
                and (iv) of paragraph (1)(A), before obligating funding 
                attributed to an area with a population less than 
                50,000, a State shall consult with the regional 
                transportation planning organizations that represent 
                the area, if any.'';
                    (C) in the heading for paragraph (4) by striking 
                ``over 200,000'' and inserting ``greater than 
                200,000'';
                    (D) by striking paragraph (6) and inserting the 
                following:
            ``(6) Technical assistance.--
                    ``(A) In general.--The State and all metropolitan 
                planning organizations in the State that represent an 
                urbanized area with a population of greater than 
                200,000 shall jointly establish a program to improve 
                the ability of applicants to deliver projects under 
                this subsection in an efficient and expeditious manner 
                and reduce the period of time between the selection of 
                the project and the obligation of funds for the project 
                by providing--
                            ``(i) technical assistance and training to 
                        applicants for projects under this subsection; 
                        and
                            ``(ii) funding for 1 or more full-time 
                        State employee positions to administer this 
                        subsection.
                    ``(B) Eligible funds.--To carry out this 
                paragraph--
                            ``(i) a State shall set aside an amount 
                        equal to 1 percent of the funds available under 
                        paragraph (1)(A)(i); and
                            ``(ii) at the request of an eligible 
                        metropolitan planning organization, the State 
                        and metropolitan planning organization may 
                        jointly agree to use additional funds available 
                        under paragraph (1)(A)(i).
                    ``(C) Use of funds.--Amounts used under this 
                paragraph may be expended--
                            ``(i) directly by the State; or
                            ``(ii) through contracts with State 
                        agencies, private entities, or nonprofit 
                        organizations.'';
            (6) in subsection (e)(1)--
                    (A) by striking ``over 200,000'' and inserting 
                ``greater than 200,000''; and
                    (B) by striking ``2016 through 2020'' and inserting 
                ``2022 through 2025'';
            (7) by striking subsection (f) and inserting the following:
    ``(f) Bridges Not on Federal-Aid Highways.--
            ``(1) Definition of off-system bridge.--In this subsection, 
        the term `off-system bridge' means a bridge located on a public 
        road, other than a bridge on a Federal-aid highway.
            ``(2) Special rule.--
                    ``(A) Set aside.--Of the amounts apportioned to a 
                State for each fiscal year under this section other 
                than the amounts described in subparagraph (C), the 
                State shall obligate for activities described in 
                subsection (b)(2) (as in effect on the day before the 
                date of enactment of the FAST Act) for off-system 
                bridges an amount that is not less than 20 percent of 
                the amounts available to such State in fiscal year 
                2020.
                    ``(B) Reduction of expenditures.--The Secretary, 
                after consultation with State and local officials, may 
                reduce the requirement for expenditures for off-system 
                bridges under subparagraph (A) with respect to the 
                State if the Secretary determines that the State has 
                inadequate needs to justify the expenditure.
                    ``(C) Limitations.--The following amounts shall not 
                be used for the purposes of meeting the requirements of 
                subparagraph (A):
                            ``(i) Amounts described in section 
                        133(d)(1)(A).
                            ``(ii) Amounts set aside under section 
                        133(h).
                            ``(iii) Amounts described in section 
                        505(a).
            ``(3) Credit for bridges not on federal-aid highways.--
        Notwithstanding any other provision of law, with respect to any 
        project not on a Federal-aid highway for the replacement of a 
        bridge or rehabilitation of a bridge that is wholly funded from 
        State and local sources, is eligible for Federal funds under 
        this section, is certified by the State to have been carried 
        out in accordance with all standards applicable to such 
        projects under this section, and is determined by the Secretary 
        upon completion to be no longer a deficient bridge--
                    ``(A) any amount expended after the date of 
                enactment of this subsection from State and local 
                sources for the project in excess of 20 percent of the 
                cost of construction of the project may be credited to 
                the non-Federal share of the cost of other bridge 
                projects in the State that are eligible for Federal 
                funds under this section; and
                    ``(B) that crediting shall be conducted in 
                accordance with procedures established by the 
                Secretary.''; and
            (8) in subsection (g)(1)--
                    (A) by striking ``subsection (d)(1)(A)(ii) for each 
                of fiscal years 2016 through 2020'' and inserting 
                ``subsection (d)(1)(A)(iv) for each fiscal year'';
                    (B) by inserting ``rural'' after ``functionally 
                classified as''; and
                    (C) by inserting ``or on critical rural freight 
                corridors designated under section 167(e)'' after 
                ``minor collectors''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
133 and inserting the following:

``133. Surface transportation program.''.
    (c) Conforming Amendments.--
            (1) Advance acquisition of real property.--Section 108(c) 
        of title 23, United States Code, is amended--
                    (A) in paragraph (2)(A) by striking ``block 
                grant''; and
                    (B) in paragraph (3) by striking ``block grant''.
            (2) Nondiscrimination.--Section 140(b) of title 23, United 
        States Code, is amended by striking ``block grant''.
            (3) Public transportation.--Section 142(e)(2) of title 23, 
        United States Code, is amended by striking ``block grant''.
            (4) Highway use tax evasion projects.--Section 143(b)(8) of 
        title 23, United States Code, is amended in the heading by 
        striking ``block grant''.
            (5) Congestion mitigation and air quality improvement 
        program.--Section 149(d) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (1)(B) by striking ``block 
                grant''; and
                    (B) in paragraph (2)(A) by striking ``block 
                grant''.
            (6) Territorial and puerto rico highway program.--Section 
        165 of title 23, United States Code, is amended--
                    (A) in subsection (b)(2)(A)(ii) by striking ``block 
                grant''; and
                    (B) in subsection (c)(6)(A)(i) by striking ``block 
                grant''.
            (7) Magnetic levitation transportation technology 
        deployment program.--Section 322(h)(3) of title 23, United 
        States Code, is amended by striking ``block grant''.
            (8) Training and education.--Section 504(a)(4) of title 23, 
        United States Code, is amended by striking ``block grant''.

SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.

    Section 133(h) of title 23, United States Code, is amended to read 
as follows:
    ``(h) Transportation Alternatives Program Set-Aside.--
            ``(1) Set aside.--For each fiscal year, of the total funds 
        apportioned to all States under section 104(b)(2) for a fiscal 
        year, the Secretary shall set aside an amount such that--
                    ``(A) the Secretary sets aside a total amount under 
                this subsection for a fiscal year equal to 10 percent 
                of such total funds; and
                    ``(B) the State's share of the amount set aside 
                under subparagraph (A) is determined by multiplying the 
                amount set aside under subparagraph (A) by the ratio 
                that--
                            ``(i) the amount apportioned to the State 
                        for the transportation enhancement program for 
                        fiscal year 2009 under section 133(d)(2), as in 
                        effect on the day before the date of enactment 
                        of MAP-21; bears to
                            ``(ii) the total amount of funds 
                        apportioned to all States for the 
                        transportation enhancements program for fiscal 
                        year 2009.
            ``(2) Allocation within a state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State under 
                paragraph (1) shall be obligated within that State in 
                the manner described in subsection (d), except that, 
                for purposes of this paragraph (after funds are made 
                available under paragraph (5))--
                            ``(i) for each fiscal year, the percentage 
                        referred to in paragraph (1)(A) of subsection 
                        (d) shall be deemed to be 66 percent; and
                            ``(ii) paragraph (3) of subsection (d) 
                        shall not apply.
                    ``(B) Local control.--
                            ``(i) In general.--A State may make 
                        available up to 100 percent of the funds set 
                        aside under paragraph (1) to the entities 
                        described in subclause (I) if the State submits 
                        to the Secretary, and the Secretary approves, a 
                        plan that describes--
                                    ``(I) how such funds shall be made 
                                available to metropolitan planning 
                                organizations, regional transportation 
                                planning organizations, counties, or 
                                other regional transportation 
                                authorities;
                                    ``(II) how the entities described 
                                in subclause (I) shall select projects 
                                for funding and how such entities shall 
                                report selected projects to the State;
                                    ``(III) the legal, financial, and 
                                technical capacity of such entities; 
                                and
                                    ``(IV) the procedures in place to 
                                ensure such entities comply with the 
                                requirements of this title.
                            ``(ii) Requirement.--A State that makes 
                        funding available under a plan approved under 
                        this subparagraph shall make available an 
                        equivalent amount of obligation authority to 
                        the entities described in clause (i)(I).
            ``(3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for any of the following projects 
        or activities:
                    ``(A) Construction, planning, and design of on-road 
                and off-road trail facilities for pedestrians, 
                bicyclists, and other nonmotorized forms of 
                transportation, including sidewalks, bicycle 
                infrastructure, pedestrian and bicycle signals, traffic 
                calming techniques, lighting and other safety-related 
                infrastructure, and transportation projects to achieve 
                compliance with the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.).
                    ``(B) Construction, planning, and design of 
                infrastructure-related projects and systems that will 
                provide safe routes for nondrivers, including children, 
                older adults, and individuals with disabilities to 
                access daily needs.
                    ``(C) Conversion and use of abandoned railroad 
                corridors for trails for pedestrians, bicyclists, or 
                other nonmotorized transportation users.
                    ``(D) Construction of turnouts, overlooks, and 
                viewing areas.
                    ``(E) Community improvement activities, including--
                            ``(i) inventory, control, or removal of 
                        outdoor advertising;
                            ``(ii) historic preservation and 
                        rehabilitation of historic transportation 
                        facilities;
                            ``(iii) vegetation management practices in 
                        transportation rights-of-way to improve roadway 
                        safety, prevent against invasive species, and 
                        provide erosion control; and
                            ``(iv) archaeological activities relating 
                        to impacts from implementation of a 
                        transportation project eligible under this 
                        title.
                    ``(F) Any environmental mitigation activity, 
                including pollution prevention and pollution abatement 
                activities and mitigation to address stormwater 
                management, control, and water pollution prevention or 
                abatement related to highway construction or due to 
                highway runoff, including activities described in 
                sections 328(a) and 329.
                    ``(G) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                otherwise eligible for assistance under this 
                subsection.
                    ``(H) The recreational trails program under section 
                206.
                    ``(I) The safe routes to school program under 
                section 211.
                    ``(J) Activities in furtherance of a vulnerable 
                road user assessment described in section 148.
                    ``(K) Any other projects or activities described in 
                section 101(a)(29) or section 213, as such sections 
                were in effect on the day before the date of enactment 
                of the FAST Act (Public Law 114-94).
            ``(4) Access to funds.--
                    ``(A) In general.--A State or metropolitan planning 
                organization required to obligate funds in accordance 
                with paragraph (2) shall develop a competitive process 
                to allow eligible entities to submit projects for 
                funding that achieve the objectives of this subsection. 
                A metropolitan planning organization for an area 
                described in subsection (d)(1)(A)(i) shall select 
                projects under such process in consultation with the 
                relevant State.
                    ``(B) Eligible entity defined.--In this paragraph, 
                the term `eligible entity' means--
                            ``(i) a local government;
                            ``(ii) a regional transportation authority;
                            ``(iii) a transit agency;
                            ``(iv) a natural resource or public land 
                        agency;
                            ``(v) a school district, local education 
                        agency, or school;
                            ``(vi) a tribal government;
                            ``(vii) a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of 200,000 or fewer;
                            ``(viii) a nonprofit organization carrying 
                        out activities related to transportation;
                            ``(ix) any other local or regional 
                        governmental entity with responsibility for or 
                        oversight of transportation or recreational 
                        trails (other than a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of over 200,000 or a State agency) 
                        that the State determines to be eligible, 
                        consistent with the goals of this subsection; 
                        and
                            ``(x) a State, at the request of any entity 
                        listed in clauses (i) through (x).
            ``(5) Continuation of certain recreational trails 
        projects.--
                    ``(A) In general.--For each fiscal year, a State 
                shall--
                            ``(i) obligate an amount of funds set aside 
                        under this subsection equal to 175 percent of 
                        the amount of the funds apportioned to the 
                        State for fiscal year 2009 under section 
                        104(h)(2), as in effect on the day before the 
                        date of enactment of MAP-21, for projects 
                        relating to recreational trails under section 
                        206;
                            ``(ii) return 1 percent of the funds 
                        described in clause (i) to the Secretary for 
                        the administration of such program; and
                            ``(iii) comply with the provisions of the 
                        administration of the recreational trails 
                        program under section 206, including the use of 
                        apportioned funds described in subsection 
                        (d)(3)(A) of such section.
                    ``(B) State flexibility.--A State may opt out of 
                the recreational trails program under this paragraph if 
                the Governor of the State notifies the Secretary not 
                later than 30 days prior to the date on which an 
                apportionment is made under section 104 for any fiscal 
                year.
            ``(6) Improving accessibility and efficiency.--
                    ``(A) In general.--A State may use an amount equal 
                to not more than 5 percent of the funds set aside for 
                the State under this subsection, after allocating funds 
                in accordance with paragraph (2)(A), to improve the 
                ability of applicants to access funding for projects 
                under this subsection in an efficient and expeditious 
                manner by providing--
                            ``(i) to applicants for projects under this 
                        subsection application assistance, technical 
                        assistance, and assistance in reducing the 
                        period of time between the selection of the 
                        project and the obligation of funds for the 
                        project; and
                            ``(ii) funding for 1 or more full-time 
                        State employee positions to administer this 
                        subsection.
                    ``(B) Use of funds.--Amounts used under 
                subparagraph (A) may be expended--
                            ``(i) directly by the State; or
                            ``(ii) through contracts with State 
                        agencies, private entities, or nonprofit 
                        entities.
            ``(7) Federal share.--
                    ``(A) Flexible match.--
                            ``(i) In general.--Notwithstanding section 
                        120--
                                    ``(I) the non-Federal share for a 
                                project under this subsection may be 
                                calculated on a project, multiple-
                                project, or program basis; and
                                    ``(II) the Federal share of the 
                                cost of an individual project in this 
                                subsection may be up to 100 percent.
                            ``(ii) Aggregate non-federal share.--The 
                        average annual non-Federal share of the total 
                        cost of all projects for which funds are 
                        obligated under this subsection in a State for 
                        a fiscal year shall be not less than the non-
                        Federal share authorized for the State under 
                        section 120(b).
                            ``(iii) Requirement.--This subparagraph 
                        shall only apply to a State if such State has 
                        adequate financial controls, as certified by 
                        the Secretary, to account for the average 
                        annual non-Federal share under this 
                        subparagraph.
                    ``(B) Safety projects.--Notwithstanding section 
                120, funds made available to carry out section 148 may 
                be credited toward the non-Federal share of the costs 
                of a project under this subsection if the project--
                            ``(i) is a project described in section 
                        148(e)(1); and
                            ``(ii) is consistent with the State 
                        strategic highway safety plan (as defined in 
                        section 148(a)).
            ``(8) Flexibility.--
                    ``(A) State authority.--
                            ``(i) In general.--A State may use not more 
                        than 50 percent of the funds set aside under 
                        this subsection that are available for 
                        obligation in any area of the State 
                        (suballocated consistent with the requirements 
                        of subsection (d)(1)(B)) for any purpose 
                        eligible under subsection (b).
                            ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the State 
                        demonstrates to the Secretary that the State--
                                    ``(I) held a competition in 
                                compliance with the requirements of 
                                this subsection in such form as the 
                                Secretary determines appropriate;
                                    ``(II) offered technical assistance 
                                to all eligible entities and provided 
                                such assistance upon request by an 
                                eligible entity; and
                                    ``(III) demonstrates that there 
                                were not sufficient suitable 
                                applications from eligible entities to 
                                use the funds described in clause (i).
                    ``(B) MPO authority.--
                            ``(i) In general.--A metropolitan planning 
                        organization that represents an urbanized area 
                        with a population of greater than 200,000 may 
                        use not more than 50 percent of the funds set 
                        aside under this subsection for an urbanized 
                        area described in subsection (d)(1)(A)(i) for 
                        any purpose eligible under subsection (b).
                            ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the Secretary 
                        certifies that the metropolitan planning 
                        organization--
                                    ``(I) held a competition in 
                                compliance with the requirements of 
                                this subsection in such form as the 
                                Secretary determines appropriate; and
                                    ``(II) demonstrates that there were 
                                not sufficient suitable applications 
                                from eligible entities to use the funds 
                                described in clause (i).
            ``(9) Annual reports.--
                    ``(A) In general.--Each State or metropolitan 
                planning organization responsible for carrying out the 
                requirements of this subsection shall submit to the 
                Secretary an annual report that describes--
                            ``(i) the number of project applications 
                        received for each fiscal year, including--
                                    ``(I) the aggregate cost of the 
                                projects for which applications are 
                                received; and
                                    ``(II) the types of projects to be 
                                carried out, expressed as percentages 
                                of the total apportionment of the State 
                                under this subsection; and
                            ``(ii) the list of each project selected 
                        for funding for each fiscal year, including 
                        specifying the fiscal year for which the 
                        project was selected, the fiscal year in which 
                        the project is anticipated to be funded, the 
                        recipient, the location, the type, and a brief 
                        description.
                    ``(B) Public availability.--The Secretary shall 
                make available to the public, in a user-friendly format 
                on the website of the Department of Transportation, a 
                copy of each annual report submitted under subparagraph 
                (A).''.

SEC. 1207. BRIDGE INVESTMENT.

    (a) In General.--Section 144 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``National bridge 
        and tunnel inventory and inspection standards'' and inserting 
        ``Bridges and tunnels'';
            (2) in subsection (a)(1)(B) by striking ``deficient'';
            (3) in subsection (b)(5) by striking ``structurally 
        deficient bridge'' and inserting ``bridge classified as in poor 
        condition'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the MAP-21, each'' 
                and inserting ``Each''; and
                    (B) by striking paragraph (4);
            (5) in subsection (j)--
                    (A) in paragraph (2) by inserting ``, 124,'' after 
                ``section 119'';
                    (B) in paragraph (3)(A) by inserting ``, 124,'' 
                after ``section 119''; and
                    (C) in paragraph (5) by striking ``financial 
                characteristics'' and all that follows through the end 
                and inserting ``Federal share.''; and
            (6) by adding at the end the following:
    ``(l) Highway Bridge Replacement and Rehabilitation.--
            ``(1) Goals.--The goals of this subsection shall be to--
                    ``(A) support the achievement of a state of good 
                repair for the Nation's bridges;
                    ``(B) improve the safety, efficiency, and 
                reliability of the movement of people and freight over 
                bridges; and
                    ``(C) improve the condition of bridges in the 
                United States by reducing--
                            ``(i) the number of bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition;
                            ``(ii) the total person miles traveled over 
                        bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition;
                            ``(iii) the number of bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                            ``(iv) the total person miles traveled over 
                        bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network.
            ``(2) Bridges on public roads.--
                    ``(A) Minimum bridge investment.--Excluding the 
                amounts described in subparagraph (C), of the total 
                funds apportioned to a State under paragraphs (1) and 
                (2) of section 104(b) for fiscal years 2022 to 2025, a 
                State shall obligate not less than 20 percent for 
                projects described in subparagraph (E).
                    ``(B) Program flexibility.--A State required to 
                obligate funds under subparagraph (A) may use any 
                combination of funds apportioned to a State under 
                paragraphs (1) and (2) of section 104(b).
                    ``(C) Limitation.--Amounts described below may not 
                be used for the purposes of calculating or meeting the 
                minimum bridge investment requirement under 
                subparagraph (A)--
                            ``(i) amounts described in section 
                        133(d)(1)(A);
                            ``(ii) amounts set aside under section 
                        133(h); and
                            ``(iii) amounts described in section 
                        505(a).
                    ``(D) Rule of construction.--Nothing in this 
                section shall be construed to prohibit the expenditure 
                of funds described in subparagraph (C) for bridge 
                projects eligible under such section.
                    ``(E) Eligible projects.--Funds required to be 
                obligated in accordance with paragraph (2)(A) may be 
                obligated for projects or activities that--
                            ``(i) are otherwise eligible under either 
                        section 119 or section 133, as applicable;
                            ``(ii) support the achievement of 
                        performance targets of the State established 
                        under section 150 or provide support for the 
                        condition and performance of bridges on public 
                        roads within the State; and
                            ``(iii) replace, reconstruct, rehabilitate, 
                        preserve, or protect a bridge included on the 
                        national bridge inventory authorized by 
                        subsection (b), including through--
                                    ``(I) seismic retrofits;
                                    ``(II) systematic preventive 
                                maintenance;
                                    ``(III) installation of scour 
                                countermeasures;
                                    ``(IV) the use of innovative 
                                materials that extend the service life 
                                of the bridge and reduce preservation 
                                costs, as compared to conventionally 
                                designed and constructed bridges;
                                    ``(V) the use of nontraditional 
                                production techniques, including 
                                factory prefabrication;
                                    ``(VI) painting for purposes of 
                                bridge protection;
                                    ``(VII) application of calcium 
                                magnesium acetate, sodium acetate/
                                formate, or other environmentally 
                                acceptable, minimally corrosive anti-
                                icing and deicing compositions;
                                    ``(VIII) corrosion control;
                                    ``(IX) construction of protective 
                                features (including natural 
                                infrastructure) alone or in combination 
                                with other activities eligible under 
                                this paragraph to enhance resilience of 
                                a bridge;
                                    ``(X) bridge security 
                                countermeasures;
                                    ``(XI) impact protection measures 
                                for bridges;
                                    ``(XII) inspection and evaluation 
                                of bridges; and
                                    ``(XIII) training for bridge 
                                inspectors consistent with subsection 
                                (i).
                    ``(F) Bundles of projects.--A State may use a 
                bundle of projects as described in subsection (j) to 
                satisfy the requirements of subparagraph (A), if each 
                project in the bundle is otherwise eligible under 
                subparagraph (E).
                    ``(G) Flexibility.--The Secretary may, at the 
                request of a State, reduce the required obligation 
                under subparagraph (A) if--
                            ``(i) the reduction is consistent with a 
                        State's asset management plan for the National 
                        Highway System;
                            ``(ii) the reduction will not limit a 
                        State's ability to meet its performance targets 
                        under section 150 or to improve the condition 
                        and performance of bridges on public roads 
                        within the State; and
                            ``(iii) the State demonstrates that it has 
                        inadequate needs to justify the expenditure.
                    ``(H) Bridge investment report.--The Secretary 
                shall annually publish on the website of the Department 
                of Transportation a bridge investment report that 
                includes--
                            ``(i) the total Federal funding obligated 
                        for bridge projects in the most recent fiscal 
                        year, on a State-by-State basis and broken out 
                        by Federal program;
                            ``(ii) the total Federal funding obligated, 
                        on a State-by-State basis and broken out by 
                        Federal program, for bridge projects carried 
                        out pursuant to the minimum bridge investment 
                        requirements under subparagraph (A);
                            ``(iii) the progress made by each State 
                        toward meeting the minimum bridge investment 
                        requirement under subparagraph (A) for such 
                        State, both cumulatively and for the most 
                        recent fiscal year;
                            ``(iv) a summary of--
                                    ``(I) each request made under 
                                subparagraph (G) by a State for a 
                                reduction in the minimum bridge 
                                investment requirement under 
                                subparagraph (A); and
                                    ``(II) for each request described 
                                in subclause (I) that is granted by the 
                                Secretary--
                                            ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                            ``(bb) an explanation of 
                                        how the State met each of the 
                                        criteria described in 
                                        subparagraph (G); and
                            ``(v) a summary of--
                                    ``(I) each request made by a State 
                                for a reduction in the obligation 
                                requirements under section 133(f); and
                                    ``(II) for each request that is 
                                granted by the Secretary--
                                            ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                            ``(bb) an explanation of 
                                        how the Secretary made the 
                                        determination under section 
                                        133(f)(2)(B).
                    ``(I) Off-system bridges.--A State may apply 
                amounts obligated under this subsection or section 
                133(f)(2)(A) to the obligation requirements of both 
                this subsection and section 133(f).
                    ``(J) NHS penalty.--A State may apply amounts 
                obligated under this subsection or section 119(f)(2) to 
                the obligation requirements of both this subsection and 
                section 119(f)(2).
                    ``(K) Compliance.--If a State fails to satisfy the 
                requirements of subparagraph (A) by the end of fiscal 
                year 2025, the Secretary may subject the State to 
                appropriate program sanctions under section 1.36 of 
                title 23, Code of Federal Regulations (or successor 
                regulations).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
144 and inserting the following:

``144. Bridges and tunnels.''.

SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    Section 147 of title 23, United States Code, is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsections (i) and (j) as subsections 
        (h) and (i), respectively.

SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) In General.--Section 148 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B)--
                            (i) by striking ``only includes a project'' 
                        and inserting ``includes a project'';
                            (ii) in clause (xiii) by inserting ``, 
                        including the development of a vulnerable road 
                        user safety assessment or a vision zero plan 
                        under section 1601 of the INVEST in America 
                        Act'' after ``safety planning'';
                            (iii) by amending clause (xviii) to read as 
                        follows:
                            ``(xviii) Safe routes to school 
                        infrastructure-related projects eligible under 
                        section 211.'';
                            (iv) in clause (xxvi) by inserting ``or 
                        leading pedestrian intervals'' after ``hybrid 
                        beacons''; and
                            (v) by striking clause (xxviii) and 
                        inserting the following:
                            ``(xxviii) A pedestrian security feature 
                        designed to slow or stop a motor vehicle.
                            ``(xxix) Installation of infrastructure 
                        improvements, including sidewalks, crosswalks, 
                        signage, and bus stop shelters or protected 
                        waiting areas.'';
                    (B) in paragraph (11)--
                            (i) in subparagraph (E) by inserting 
                        ``Tribal,'' after ``State,'';
                            (ii) by redesignating subparagraphs (G), 
                        (H), and (I) as subparagraphs (H), (I), and 
                        (J), respectively; and
                            (iii) by inserting after subparagraph (F) 
                        the following:
                    ``(G) includes a vulnerable road user safety 
                assessment described under paragraph (16);'';
                    (C) by redesignating paragraphs (10), (11), and 
                (12) as paragraphs (12), (13), and (14), respectively;
                    (D) by inserting after paragraph (9) the following:
            ``(10) Safe system approach.--The term `safe system 
        approach' means a roadway design that emphasizes minimizing the 
        risk of injury or fatality to road users and that--
                    ``(A) takes into consideration the possibility and 
                likelihood of human error;
                    ``(B) accommodates human injury tolerance by taking 
                into consideration likely accident types, resulting 
                impact forces, and the human body's ability to 
                withstand such forces; and
                    ``(C) takes into consideration vulnerable road 
                users.
            ``(11) Specified safety project.--
                    ``(A) In general.--The term `specified safety 
                project' means a project carried out for the purpose of 
                safety under any other section of this title that is 
                consistent with the State strategic highway safety 
                plan.
                    ``(B) Inclusion.--The term `specified safety 
                project' includes a project that--
                            ``(i) promotes public awareness and informs 
                        the public regarding highway safety matters 
                        (including safety for motorcyclists, 
                        bicyclists, pedestrians, individuals with 
                        disabilities, and other road users);
                            ``(ii) facilitates enforcement of traffic 
                        safety laws;
                            ``(iii) provides infrastructure and 
                        infrastructure-related equipment to support 
                        emergency services;
                            ``(iv) conducts safety-related research to 
                        evaluate experimental safety countermeasures or 
                        equipment; or
                            ``(v) supports safe routes to school 
                        noninfrastructure-related activities described 
                        under section 211(e)(2).''; and
                    (E) by adding at the end the following:
            ``(15) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist--
                    ``(A) with a fatality analysis reporting system 
                person attribute code that is included in the 
                definition of the term `number of non-motorized 
                fatalities' in section 490.205 of title 23, Code of 
                Federal Regulations (or successor regulation); or
                    ``(B) described in the term `number of non-
                motorized serious injuries' in such section.
            ``(16) Vulnerable road user safety assessment.--The term 
        `vulnerable road user safety assessment' means an assessment of 
        the safety performance of the State with respect to vulnerable 
        road users and the plan of the State to improve the safety of 
        vulnerable road users described in subsection (l).'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``(a)(11)'' and 
                inserting ``(a)(13)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(vi) by inserting 
                        ``, consistent with the vulnerable road user 
                        safety assessment'' after ``nonmotorized 
                        crashes'';
                            (ii) in subparagraph (B)(i)--
                                    (I) by inserting ``, consistent 
                                with a safe system approach,'' after 
                                ``identify'';
                                    (II) by inserting ``excessive 
                                design speeds and speed limits,'' after 
                                ``crossing needs,''; and
                                    (III) by striking ``motorists 
                                (including motorcyclists), bicyclists, 
                                pedestrians, and other highway users'' 
                                and inserting ``road users''; and
                            (iii) in subparagraph (D)(iii) by striking 
                        ``motorists (including motorcyclists), 
                        bicyclists, pedestrians, persons with 
                        disabilities, and other highway users'' and 
                        inserting ``road users'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``Not 
                        later than 1 year after the date of enactment 
                        of the MAP-21, the'' and inserting ``The''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (iv) by inserting 
                                ``and serious injury'' after 
                                ``fatality'';
                                    (II) in clause (vii) by striking 
                                ``; and'' and inserting a semicolon;
                                    (III) by redesignating clause 
                                (viii) as clause (ix); and
                                    (IV) by inserting after clause 
                                (vii) the following:
                            ``(viii) the findings of a vulnerable road 
                        user safety assessment of the State; and''; and
                    (B) in paragraph (2)(B)(i) by striking ``subsection 
                (a)(11)'' and inserting ``subsection (a)(13)'';
            (4) in subsection (e)--
                    (A) in paragraph (1)(C) by striking ``, without 
                regard to whether the project is included in an 
                applicable State strategic highway safety plan''; and
                    (B) by adding at the end the following:
            ``(3) Flexible funding for specified safety projects.--
                    ``(A) In general.--To advance the implementation of 
                a State strategic highway safety plan, a State may use 
                not more than 10 percent of the amounts apportioned to 
                the State under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                    ``(B) Rule of statutory construction.--Nothing in 
                this paragraph shall be construed to require a State to 
                revise any State process, plan, or program in effect on 
                the date of enactment of this paragraph.
                    ``(C) Effect of paragraph.--
                            ``(i) Requirements.--A project funded under 
                        this paragraph shall be subject to all 
                        requirements under this section that apply to a 
                        highway safety improvement project.
                            ``(ii) Other apportioned programs.--
                        Subparagraph (A) shall not apply to amounts 
                        that may be obligated for noninfrastructure 
                        projects apportioned under any other paragraph 
                        of section 104(b).'';
            (5) in subsection (g)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) High-risk rural road safety.--
                    ``(A) In general.--If a State determines that the 
                fatality rate on rural roads in such State for the most 
                recent 2-year period for which data are available 
                exceeds the median fatality rate for rural roads among 
                all States, that State shall be required to--
                            ``(i) obligate over the 2 fiscal years 
                        following the fiscal year in which such 
                        determination is made for projects on high-risk 
                        rural roads an amount not less than 7.5 percent 
                        of the amounts apportioned to the State under 
                        section 104(b)(3) for fiscal year 2020; and
                            ``(ii) include, in the subsequent update to 
                        the State strategic highway safety plan, 
                        strategies to reduce the fatality rate.
                    ``(B) Source of funds.--Any amounts obligated under 
                subparagraph (A) shall be from amounts apportioned 
                under section 104(b)(2) (from the portion of such funds 
                that are available for obligation in any area of the 
                State).
                    ``(C) Consultation.--In carrying out a project with 
                an amount obligated under subparagraph (A), a State 
                shall consult with, as applicable, local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations.'';
                    (B) in paragraph (2)--
                            (i) in the heading by striking ``drivers'' 
                        and inserting ``road users''; and
                            (ii) by striking ``address the increases 
                        in'' and inserting ``reduce''; and
                    (C) by adding at the end the following:
            ``(3) Vulnerable road user safety.--
                    ``(A) In general.--Beginning 2 years after the date 
                of enactment of the INVEST in America Act, if a State 
                determines that the number of vulnerable road user 
                fatalities and serious injuries per capita in such 
                State over the most recent 2-year period for which data 
                are available exceeds the median number of such 
                fatalities and serious injuries among all States, that 
                State shall be required to obligate over the 2 fiscal 
                years following the fiscal year in which such 
                determination is made an amount that is not less than 
                50 percent of the amount set aside in such State under 
                section 133(h)(1) for fiscal year 2020 for projects 
                identified in the program of projects described in 
                subsection (l)(2)(C).
                    ``(B) Source of funds.--Any amounts obligated under 
                subparagraph (A) shall be from amounts apportioned 
                under section 104(b)(2) (from the portion of such funds 
                that are available for obligation in any area of the 
                State).'';
            (6) in subsection (h)(1)(A) by inserting ``, including any 
        efforts to reduce vehicle speed'' after ``under this section''; 
        and
            (7) by adding at the end the following:
    ``(l) Vulnerable Road User Safety Assessment.--
            ``(1) In general.--Not later than 2 years after date of 
        enactment of the INVEST in America Act, each State shall create 
        a vulnerable road user safety assessment.
            ``(2) Contents.--A vulnerable road user safety assessment 
        required under paragraph (1) shall include--
                    ``(A) a description of the location within the 
                State of each vulnerable road user fatality and serious 
                injury and the design speed of the roadway at any such 
                location;
                    ``(B) a description of any corridors identified by 
                a State that pose a high risk of a vulnerable road user 
                fatality or serious injury and the design speeds of 
                such corridors; and
                    ``(C) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in corridors 
                identified under subparagraph (B).
            ``(3) Analysis.--In creating a vulnerable road user safety 
        assessment under this subsection, a State shall assess the last 
        5 years of available data.
            ``(4) Requirements.--In creating a vulnerable road user 
        safety assessment under this subsection, a State shall--
                    ``(A) take into consideration a safe system 
                approach; and
                    ``(B) consult with local governments, metropolitan 
                planning organizations, and regional transportation 
                planning organizations that represent a high-risk area 
                identified under paragraph (2)(B).
            ``(5) Update.--A State shall update a vulnerable road user 
        safety assessment on the same schedule as the State updates the 
        State strategic highway safety plan.
            ``(6) Transportation system access.--The program of 
        projects developed under paragraph (2)(C) may not degrade 
        transportation system access for vulnerable road users.''.
    (b) Technical Amendment.--Section 148 of title 23, United States 
Code, is amended--
            (1) in the heading for subsection (a)(8) by striking ``Road 
        users'' and inserting ``Road user''; and
            (2) in subsection (i)(2)(D) by striking ``safety safety'' 
        and inserting ``safety''.
    (c) High-risk Rural Roads.--
            (1) Study.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        update the study described in paragraph (1) of section 1112(b) 
        of MAP-21 (23 U.S.C. 148 note).
            (2) Publication of report.--Not later than 2 years after 
        the date of enactment of this Act, the Secretary shall publish 
        on the website of the Department of Transportation an updated 
        report of the report described in paragraph (2) of section 
        1112(b) of MAP-21 (23 U.S.C. 148 note).
            (3) Best practices manual.--Not later than 180 days after 
        the date of submission of the report described in paragraph 
        (2), the Secretary shall update the best practices manual 
        described in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note).

SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    Section 149 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A)(ii) by striking 
                ``subsection (h)'' and inserting ``subsection (i)'';
                    (B) in paragraph (7) by inserting ``shared 
                micromobility (including bikesharing and shared scooter 
                systems),'' after ``carsharing,'';
                    (C) in paragraph (8)(B) by striking ``; or'' and 
                inserting a semicolon;
                    (D) in paragraph (9) by striking the period and 
                inserting ``; or''; and
                    (E) by adding at the end the following:
            ``(10) if the project or program mitigates seasonal or 
        temporary traffic congestion from long-haul travel or 
        tourism.'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in the heading by inserting ``, 
                        hydrogen vehicle,'' after ``Electric vehicle'';
                            (ii) by inserting ``hydrogen or'' after 
                        ``charging stations or''; and
                            (iii) by inserting ``, hydrogen-powered,'' 
                        after ``battery powered''; and
                    (B) in paragraph (3) by inserting ``, and is 
                consistent with section 166'' after ``travel times''; 
                and
            (3) by striking subsection (m) and inserting the following:
    ``(m) Operating Assistance.--
            ``(1) Projects.--A State may obligate funds apportioned 
        under section 104(b)(4) in an area of such State that is 
        otherwise eligible for obligations of such funds for operating 
        costs under chapter 53 of title 49 or on a system for which 
        CMAQ funding was made available, obligated, or expended in 
        fiscal year 2012, or, notwithstanding subsection (b), on a 
        State-supported Amtrak route with a cost-sharing agreement 
        under section 209 of the Passenger Rail Investment and 
        Improvement Act of 2008.
            ``(2) Time limitation.--Funds obligated under paragraph (1) 
        shall have--
                    ``(A) a time limitation of not less than 3 years; 
                and
                    ``(B) in the case of projects that demonstrate 
                continued net air quality benefits, as determined 
                annually by the Secretary in consultation with the 
                Administrator of the Environmental Protection Agency, 
                no imposed time limitation.''.

SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.

    (a) Electric Vehicle Charging Stations.--Chapter 1 of title 23, 
United States Code, is amended by inserting after section 154 the 
following new section:
``Sec. 155. Electric vehicle charging stations
    ``(a) In General.--Any electric vehicle charging infrastructure 
funded under this title shall be subject to the requirements of this 
section.
    ``(b) Interoperability.--
            ``(1) In general.--Electric vehicle charging stations shall 
        provide, at a minimum, the following charging connector types:
                    ``(A) CCS.
                    ``(B) CHAdeMO.
            ``(2) Savings clause.--Nothing in this subsection shall 
        prevent the use of charging types other than the connectors 
        described in paragraph (1) if, at a minimum, such connectors 
        meet applicable industry standards and are compatible with a 
        majority of electric vehicles in operation.
    ``(c) Open Access to Payment.--Electric vehicle charging stations 
shall provide payment methods available to all members of the public to 
ensure secure, convenient, and equal access and shall not be limited by 
membership to a particular payment provider.
    ``(d) Treatment of Projects.--Notwithstanding any other provision 
of law, any project to install electric vehicle charging infrastructure 
shall be treated as if the project is located on a Federal-aid 
highway.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 154 the following new item:

``155. Electric vehicle charging stations.''.
    (c) Electric Vehicle Charging Signage.--The Secretary of 
Transportation shall update the Manual on Uniform Traffic Control 
Devices to--
            (1) ensure uniformity in providing road users direction to 
        electric charging stations that are open to the public; and
            (2) allow the use of Specific Service signs for electric 
        vehicle charging station providers.

SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.

    Section 167 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (6) by striking ``; and'' and 
                inserting a semicolon; and
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7) to reduce the environmental impacts of freight 
        movement on the National Highway Freight Network, including--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution;
                    ``(C) minimizing, capturing, or treating stormwater 
                runoff and addressing other adverse impacts to water 
                quality; and
                    ``(D) wildlife habitat loss; and
            ``(8) to decrease any adverse impact of freight 
        transportation on communities located near freight facilities 
        or freight corridors.'';
            (2) in subsection (e) by adding at the end the following:
            ``(3) Additional mileage.--Notwithstanding paragraph (2), a 
        State that has designated at least 90 percent of its maximum 
        mileage described in paragraph (2) may designate up to an 
        additional 150 miles of critical rural freight corridors.'';
            (3) in subsection (f) by adding at the end the following:
            ``(5) Additional mileage.--Notwithstanding paragraph (4), a 
        State that has designated at least 90 percent of its maximum 
        mileage described in paragraph (4) may designate up to an 
        additional 75 miles of critical urban freight corridors under 
        paragraphs (1) and (2).'';
            (4) in subsection (h) by striking ``Not later than'' and 
        all that follows through ``shall prepare'' and inserting ``As 
        part of the report required under section 503(b)(8), the 
        Administrator shall biennially prepare'';
            (5) in subsection (i)--
                    (A) by striking paragraphs (2) and (3);
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Freight planning.--Notwithstanding any other 
        provision of law, a State may not obligate funds apportioned to 
        the State under section 104(b)(5) unless the State has 
        developed, updated, or amended, as applicable, a freight plan 
        in accordance with section 70202 of title 49.'';
                    (C) in paragraph (5)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Limitation.--The Federal share of a project 
                described in subparagraph (C)(xxiii) shall fund only 
                elements of such project that provide public 
                benefits.''; and
                            (ii) in subparagraph (C)--
                                    (I) in clause (iii) by inserting 
                                ``and freight management and operations 
                                systems'' after ``freight 
                                transportation systems''; and
                                    (II) by amending clause (xxiii) to 
                                read as follows:
                            ``(xxiii) Freight intermodal or freight 
                        rail projects, including--
                                    ``(I) projects within the 
                                boundaries of public or private freight 
                                rail or water facilities (including 
                                ports);
                                    ``(II) projects that provide 
                                surface transportation infrastructure 
                                necessary to facilitate direct 
                                intermodal interchange, transfer, and 
                                access into or out of the facility; and
                                    ``(III) any other surface 
                                transportation project to improve the 
                                flow of freight into or out of a 
                                facility described in subclause (I) or 
                                (II).'';
                    (D) in paragraph (6) by striking ``paragraph (5)'' 
                and inserting ``paragraph (3)''; and
                    (E) by redesignating paragraphs (4), (5), (6), and 
                (7) as paragraphs (2), (3), (4), and (5), respectively; 
                and
            (6) in subsection (k)(1)(A)(ii) by striking ``ports-of 
        entry'' and inserting ``ports-of-entry''.

SEC. 1213. CARBON POLLUTION REDUCTION.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
    ``(a) Establishment.--The Secretary shall establish a carbon 
pollution reduction program to support the reduction of greenhouse gas 
emissions from the surface transportation system.
    ``(b) Eligible Projects.--A project is eligible for funding under 
this section if such project--
            ``(1) is expected to yield a significant reduction in 
        greenhouse gas emissions from the surface transportation 
        system;
            ``(2) will help a State meet the greenhouse gas emissions 
        performance targets established under section 150(c)(7); and
            ``(3) is eligible for assistance under this title or under 
        chapter 53 of title 49; or
            ``(4) is a capital project, as such term is defined in 
        section 22906 of title 49, to improve intercity rail passenger 
        transportation, provided that the project will yield a 
        significant reduction in single occupant vehicle trips and 
        improve mobility on public roads.
    ``(c) Guidance.--The Secretary shall issue guidance on methods of 
determining the reduction of single occupant vehicle trips and 
improvement of mobility on public roads as those factors relate to 
intercity rail passenger transportation projects under subsection 
(b)(4).
    ``(d) Operating Expenses.--With respect to funds provided for an 
eligible project under this section, a State may use not more than 10 
percent of such funds for operating expenses relating to such project 
if such project is for public transportation, passenger rail, or 
transportation systems management and operations.
    ``(e) Single-Occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project that will 
result in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high occupancy vehicle 
facility and is consistent with section 166.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall annually evaluate 
        the progress of each State in carrying out the program under 
        this section by comparing the percent change in carbon dioxide 
        emissions per capita on public roads in the State calculated 
        as--
                    ``(A) the annual carbon dioxide emissions per 
                capita on public roads in the State for the most recent 
                year for which there is data; divided by
                    ``(B) the average annual carbon dioxide emissions 
                per capita on public roads in the State in calendar 
                years 2015 through 2019.
            ``(2) Measures.--In conducting the evaluation under 
        paragraph (1), the Secretary shall--
                    ``(A) prior to the effective date of the greenhouse 
                gas performance measures under section 150(c)(7), use 
                such data as are available, which may include data on 
                motor fuels usage published by the Federal Highway 
                Administration and information on emissions factors or 
                coefficients published by the Energy Information 
                Administration of the Department of Energy; and
                    ``(B) following the effective date of the 
                greenhouse gas performance measures under section 
                150(c)(7), use such measures.
    ``(g) Progress Report.--The Secretary shall annually issue a carbon 
pollution reduction progress report, to be made publicly available on 
the website of the Department of Transportation, that includes--
            ``(1) the results of the evaluation under subsection (f) 
        for each State; and
            ``(2) a ranking of all the States by the criteria under 
        subsection (f), with the States that, for the year covered by 
        such report, have the largest percentage reduction in annual 
        carbon dioxide emissions per capita on public roads being 
        ranked the highest.
    ``(h) High-Performing States.--
            ``(1) Designation.--For purposes of this section, each 
        State that is 1 of the 15 highest ranked States, as determined 
        under subsection (g)(2), and that achieves a reduction in 
        carbon dioxide emissions per capita on public roads, as 
        determined by the evaluation in subsection (f), shall be 
        designated as a high-performing State for the following fiscal 
        year.
            ``(2) Use of funds.--For each State that is designated as a 
        high-performing State under paragraph (1)--
                    ``(A) notwithstanding section 120, the State may 
                use funds made available under this title to pay the 
                non-Federal share of a project under this section 
                during any year for which such State is designated as a 
                high-performing State; and
                    ``(B) notwithstanding section 126, the State may 
                transfer up to 50 percent of funds apportioned under 
                section 104(b)(9) to the program under section 
                104(b)(2) in any year for which such State is 
                designated as a high-performing State.
            ``(3) Transfer.--For each State that is 1 of the 15 lowest 
        ranked States, as determined under subsection (g)(2), the 
        Secretary shall transfer 10 percent of the amount apportioned 
        to the State under section 104(b)(2) in the fiscal year 
        following the year in which the State is so ranked, not 
        including amounts set aside under section 133(d)(1)(A) and 
        under section 133(h) or 505(a), to the apportionment of the 
        State under section 104(b)(9).
            ``(4) Limitation.--The Secretary shall not conduct a 
        transfer under paragraph (3)--
                    ``(A) until the first fiscal year following the 
                effective date of greenhouse gas performance measures 
                under section 150(c)(7); and
                    ``(B) with respect to a State in any fiscal year 
                following the year in which such State achieves a 
                reduction in carbon dioxide emissions per capita on 
                public roads in such year as determined by the 
                evaluation under subsection (f).
    ``(i) Report.--Not later than 2 years after the date of enactment 
of this section and periodically thereafter, the Secretary, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall issue a report--
            ``(1) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are expected to provide the most significant greenhouse gas 
        emissions reductions from the surface transportation sector; 
        and
            ``(2) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are not expected to provide significant greenhouse gas 
        emissions reductions from the surface transportation sector.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``171. Carbon pollution reduction.''.

SEC. 1214. RECREATIONAL TRAILS.

    Section 206 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State 
under section 104(b) that are obligated for recreational trails and 
related projects shall be administered as if such funds were made 
available for purposes described under this section.''.

SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 210 the following:
``Sec. 211. Safe routes to school program
    ``(a) Program.--The Secretary shall carry out a safe routes to 
school program for the benefit of children in primary, middle, and high 
schools.
    ``(b) Purposes.--The purposes of the program shall be--
            ``(1) to enable and encourage children, including those 
        with disabilities, to walk and bicycle to school;
            ``(2) to make bicycling and walking to school a safer and 
        more appealing transportation alternative, thereby encouraging 
        a healthy and active lifestyle from an early age; and
            ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety and reduce traffic, fuel consumption, and air pollution 
        in the vicinity of schools.
    ``(c) Use of Funds.--Amounts apportioned to a State under 
paragraphs (2) and (3) of section 104(b) may be used to carry out 
projects, programs, and other activities under this section.
    ``(d) Eligible Entities.--Projects, programs, and activities funded 
under this section may be carried out by eligible entities described 
under section 133(h)(4)(B) that demonstrate an ability to meet the 
requirements of this section.
    ``(e) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                    ``(A) In general.--A State may obligate funds under 
                this section for the planning, design, and construction 
                of infrastructure-related projects that will 
                substantially improve the ability of students to walk 
                and bicycle to school, including sidewalk improvements, 
                traffic calming and speed reduction improvements, 
                pedestrian and bicycle crossing improvements, on-street 
                bicycle facilities, off-street bicycle and pedestrian 
                facilities, secure bicycle parking facilities, and 
                traffic diversion improvements in the vicinity of 
                schools.
                    ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on 
                any public road or any bicycle or pedestrian pathway or 
                trail in the vicinity of schools.
            ``(2) Noninfrastructure-related activities.--In addition to 
        projects described in paragraph (1), a State may obligate funds 
        under this section for noninfrastructure-related activities to 
        encourage walking and bicycling to school, including--
                    ``(A) public awareness campaigns and outreach to 
                press and community leaders;
                    ``(B) traffic education and enforcement in the 
                vicinity of schools;
                    ``(C) student sessions on bicycle and pedestrian 
                safety, health, and environment;
                    ``(D) programs that address personal safety; and
                    ``(E) funding for training, volunteers, and 
                managers of safe routes to school programs.
            ``(3) Safe routes to school coordinator.--Each State 
        receiving an apportionment under paragraphs (2) and (3) of 
        section 104(b) shall use a sufficient amount of the 
        apportionment to fund a full-time position of coordinator of 
        the State's safe routes to school program.
    ``(f) Federal Share.--The Federal share of the cost of a project, 
program, or activity under this section shall be 100 percent.
    ``(g) Clearinghouse.--
            ``(1) In general.--The Secretary shall maintain a national 
        safe routes to school clearinghouse to--
                    ``(A) develop information and educational programs 
                on safe routes to school; and
                    ``(B) provide technical assistance and disseminate 
                techniques and strategies used for successful safe 
                routes to school programs.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts authorized to be appropriated for 
        administrative expenses under section 104(a).
    ``(h) Treatment of Projects.--Notwithstanding any other provision 
of law, projects carried out under this section shall be treated as 
projects on a Federal-aid highway under chapter 1 of this title.
    ``(i) Definitions.--In this section, the following definitions 
apply:
            ``(1) In the vicinity of schools.--The term `in the 
        vicinity of schools' means, with respect to a school, the area 
        within bicycling and walking distance of the school 
        (approximately 2 miles).
            ``(2) Primary, middle, and high schools.--The term 
        `primary, middle, and high schools' means schools providing 
        education from kindergarten through twelfth grade.''.
    (b) Technical and Conforming Amendments.--
            (1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59; 
        119 Stat. 1228-1230), and the item relating to such section in 
        the table of contents in section 1(b) of such Act, are 
        repealed.
            (2) Analysis.--The analysis for chapter 2 of title 23, 
        United States Code, is amended by inserting after the item 
        relating to section 210 the following:

``211. Safe routes to school program.''.

SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    Section 217 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``104(b)(3)'' and inserting 
                ``104(b)(4)''; and
                    (B) by striking ``a position'' and inserting ``one 
                or more positions'';
            (2) in subsection (e) by striking ``bicycles'' and 
        inserting ``pedestrians and bicyclists'' each place such term 
        appears; and
            (3) in subsection (j) by striking paragraph (2) and 
        inserting the following:
            ``(2) Electric bicycle.--The term `electric bicycle' means 
        any bicycle, tricycle, or other motorized conveyance--
                    ``(A) weighing under 100 pounds;
                    ``(B) with a low-powered electric motor;
                    ``(C) with a top motor-powered speed not in excess 
                of 20 miles per hour; and
                    ``(D) that can safely share a bicycle 
                transportation facility with other users of such 
                facility.''.

                 Subtitle C--Project-Level Investments

SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

    (a) In General.--Section 117 of title 23, United States Code, is 
amended to read as follows:
``Sec. 117. Projects of national and regional significance
    ``(a) Establishment.--The Secretary shall establish a projects of 
national and regional significance program under which the Secretary 
may make grants to, and establish multiyear grant agreements with, 
eligible entities in accordance with this section.
    ``(b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, in such manner, and containing such information as the Secretary 
may require.
    ``(c) Grant Amounts and Project Costs.--
            ``(1) In general.--Each grant made under this section--
                    ``(A) shall be in an amount that is at least 
                $25,000,000; and
                    ``(B) shall be for a project that has eligible 
                project costs that are reasonably anticipated to equal 
                or exceed the lesser of--
                            ``(i) $100,000,000; or
                            ``(ii) in the case of a project--
                                    ``(I) located in 1 State, 30 
                                percent of the amount apportioned under 
                                this chapter to the State in the most 
                                recently completed fiscal year; or
                                    ``(II) located in more than 1 
                                State, 50 percent of the amount 
                                apportioned under this chapter to the 
                                participating State with the largest 
                                apportionment under this chapter in the 
                                most recently completed fiscal year.
            ``(2) Large projects.--For a project that has eligible 
        project costs that are reasonably anticipated to equal or 
        exceed $500,000,000, a grant made under this section--
                    ``(A) shall be in an amount sufficient to fully 
                fund the project, or in the case of a public 
                transportation project, a minimum operable segment, in 
                combination with other funding sources, including non-
                Federal financial commitment, identified in the 
                application; and
                    ``(B) may be awarded pursuant to the process under 
                subsection (d), as necessary based on the amount of the 
                grant.
    ``(d) Multiyear Grant Agreements for Large Projects.--
            ``(1) In general.--A large project that receives a grant 
        under this section may be carried out through a multiyear grant 
        agreement in accordance with this subsection.
            ``(2) Requirements.--A multiyear grant agreement for a 
        large project shall--
                    ``(A) establish the terms of participation by the 
                Federal Government in the project;
                    ``(B) establish the amount of Federal financial 
                assistance for the project;
                    ``(C) establish a schedule of anticipated Federal 
                obligations for the project that provides for 
                obligation of the full grant amount by not later than 4 
                fiscal years after the fiscal year in which the initial 
                amount is provided; and
                    ``(D) determine the period of time for completing 
                the project, even if such period extends beyond the 
                period of an authorization.
            ``(3) Special rules.--
                    ``(A) In general.--A multiyear grant agreement 
                under this subsection--
                            ``(i) shall obligate an amount of available 
                        budget authority specified in law; and
                            ``(ii) may include a commitment, contingent 
                        on amounts to be specified in law in advance 
                        for commitments under this paragraph, to 
                        obligate an additional amount from future 
                        available budget authority specified in law.
                    ``(B) Contingent commitment.--A contingent 
                commitment under this subsection is not an obligation 
                of the Federal Government under section 1501 of title 
                31.
                    ``(C) Interest and other financing costs.--
                            ``(i) In general.--Interest and other 
                        financing costs of carrying out a part of the 
                        project within a reasonable time shall be 
                        considered a cost of carrying out the project 
                        under a multiyear grant agreement, except that 
                        eligible costs may not be more than the cost of 
                        the most favorable financing terms reasonably 
                        available for the project at the time of 
                        borrowing.
                            ``(ii) Certification.--The applicant shall 
                        certify to the Secretary that the applicant has 
                        shown reasonable diligence in seeking the most 
                        favorable financing terms.
            ``(4) Advance payment.--An eligible entity carrying out a 
        large project under a multiyear grant agreement--
                    ``(A) may use funds made available to the eligible 
                entity under this title or title 49 for eligible 
                project costs of the large project; and
                    ``(B) shall be reimbursed, at the option of the 
                eligible entity, for such expenditures from the amount 
                made available under the multiyear grant agreement for 
                the project in that fiscal year or a subsequent fiscal 
                year.
    ``(e) Eligible Projects.--
            ``(1) In general.--The Secretary may make a grant under 
        this section only for a project that is a project eligible for 
        assistance under this title or chapter 53 of title 49 and is--
                    ``(A) a bridge project carried out on the National 
                Highway System;
                    ``(B) a project to improve person throughput that 
                is--
                            ``(i) a highway project carried out on the 
                        National Highway System;
                            ``(ii) a public transportation project; or
                            ``(iii) a capital project, as such term is 
                        defined in section 22906 of title 49, to 
                        improve intercity rail passenger 
                        transportation; or
                    ``(C) a project to improve freight throughput that 
                is--
                            ``(i) a highway freight project carried out 
                        on the National Highway Freight Network 
                        established under section 167 or on the 
                        National Highway System;
                            ``(ii) a freight intermodal, freight rail, 
                        or railway-highway grade crossing or grade 
                        separation project; or
                            ``(iii) within the boundaries of a public 
                        or private freight rail, water (including 
                        ports), or intermodal facility and that is a 
                        surface transportation infrastructure project 
                        necessary to facilitate direct intermodal 
                        interchange, transfer, or access into or out of 
                        the facility.
            ``(2) Limitation.--
                    ``(A) Certain freight projects.--Projects described 
                in clauses (ii) and (iii) of paragraph (1)(C) may 
                receive a grant under this section only if--
                            ``(i) the project will make a significant 
                        improvement to the movement of freight on the 
                        National Highway System; and
                            ``(ii) the Federal share of the project 
                        funds only elements of the project that provide 
                        public benefits.
                    ``(B) Certain projects for person throughput.--
                Projects described in clauses (ii) and (iii) of 
                paragraph (1)(B) may receive a grant under this section 
                only if the project will make a significant improvement 
                in mobility on public roads.
    ``(f) Eligible Project Costs.--An eligible entity receiving a grant 
under this section may use such grant for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, 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 improvements directly related to 
        improving system performance.
    ``(g) Project Requirements.--The Secretary may select a project 
described under this section for funding under this section only if the 
Secretary determines that the project--
            ``(1) generates significant regional or national economic, 
        mobility, safety, resilience, or environmental benefits;
            ``(2) is cost effective;
            ``(3) is based on the results of preliminary engineering;
            ``(4) has secured or will secure acceptable levels of non-
        Federal financial commitments, including--
                    ``(A) 1 or more stable and dependable sources of 
                funding and financing to construct, maintain, and 
                operate the project; and
                    ``(B) contingency amounts to cover unanticipated 
                cost increases;
            ``(5) cannot be easily and efficiently completed without 
        additional Federal funding or financial assistance available to 
        the project sponsor, beyond existing Federal apportionments; 
        and
            ``(6) is reasonably expected to begin construction not 
        later than 18 months after the date of obligation of funds for 
        the project.
    ``(h) Merit Criteria and Considerations.--
            ``(1) Merit criteria.--In awarding a grant under this 
        section, the Secretary shall evaluate the following merit 
        criteria:
                    ``(A) The extent to which the project supports 
                achieving a state of good repair.
                    ``(B) The level of benefits the project is expected 
                to generate, including--
                            ``(i) the costs avoided by the prevention 
                        of closure or reduced use of the asset to be 
                        improved by the project;
                            ``(ii) reductions in maintenance costs over 
                        the life of the asset;
                            ``(iii) safety benefits, including the 
                        reduction of accidents and related costs;
                            ``(iv) improved person or freight 
                        throughput, including congestion reduction and 
                        reliability improvements;
                            ``(v) national and regional economic 
                        benefits;
                            ``(vi) resilience benefits;
                            ``(vii) environmental benefits, including 
                        reduction in greenhouse gas emissions and air 
                        quality benefits; and
                            ``(viii) benefits to all users of the 
                        project, including pedestrian, bicycle, 
                        nonvehicular, railroad, and public 
                        transportation users.
                    ``(C) How the benefits compare to the costs of the 
                project.
                    ``(D) The average number of people or volume of 
                freight, as applicable, supported by the project.
            ``(2) Additional considerations.--In awarding a grant under 
        this section, the Secretary shall also consider the following:
                    ``(A) Whether the project serves an area of 
                persistent poverty.
                    ``(B) Whether the project uses innovative 
                technologies, innovative design and construction 
                techniques, or pavement materials that demonstrate 
                reductions in greenhouse gas emissions through 
                sequestration or innovative manufacturing processes 
                and, if so, the degree to which such technologies, 
                techniques, or materials are used.
                    ``(C) Whether the project improves connectivity 
                between modes of transportation moving people or goods 
                in the Nation or region.
                    ``(D) Whether the project provides new or improved 
                connections between at least 2 metropolitan areas with 
                a population of at least 500,000.
    ``(i) Project Selection.--
            ``(1) Evaluation.--To evaluate applications for funding 
        under this section, the Secretary shall--
                    ``(A) determine whether a project is eligible for a 
                grant under this section;
                    ``(B) evaluate, through a methodology that is 
                discernible and transparent to the public, how each 
                application addresses the merit criteria pursuant to 
                subsection (h);
                    ``(C) assign a quality rating for each merit 
                criteria for each application based on the evaluation 
                in subparagraph (B);
                    ``(D) ensure that applications receive final 
                consideration by the Secretary to receive an award 
                under this section only on the basis of such quality 
                ratings and that the Secretary gives final 
                consideration only to applications that meet the 
                minimally acceptable level for each of the merit 
                criteria; and
                    ``(E) award grants only to projects rated highly 
                under the evaluation and rating process.
            ``(2) Considerations for large projects.--In awarding a 
        grant for a large project, the Secretary shall--
                    ``(A) consider the amount of funds available in 
                future fiscal years for the program under this section; 
                and
                    ``(B) assume the availability of funds in future 
                fiscal years for the program that extend beyond the 
                period of authorization based on the amount made 
                available for the program in the last fiscal year of 
                the period of authorization.
            ``(3) Geographic distribution.--In awarding grants under 
        this section, the Secretary shall ensure geographic diversity 
        and a balance between rural and urban communities among grant 
        recipients over fiscal years 2022 through 2025.
            ``(4) Publication of methodology.--
                    ``(A) In general.--Prior to the issuance of any 
                notice of funding opportunity for grants under this 
                section, the Secretary shall publish and make publicly 
                available on the Department's website--
                            ``(i) a detailed explanation of the merit 
                        criteria developed under subsection (h);
                            ``(ii) a description of the evaluation 
                        process under this subsection; and
                            ``(iii) how the Secretary shall determine 
                        whether a project satisfies each of the 
                        requirements under subsection (g).
                    ``(B) Updates.--The Secretary shall update and make 
                publicly available on the website of the Department of 
                Transportation such information at any time a revision 
                to the information described in subparagraph (A) is 
                made.
                    ``(C) Information required.--The Secretary shall 
                include in the published notice of funding opportunity 
                for a grant under this section detailed information on 
                the rating methodology and merit criteria to be used to 
                evaluate applications, or a reference to the 
                information on the website of the Department of 
                Transportation, as required by subparagraph (A).
    ``(j) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        project carried out with a grant under this section may not 
        exceed 60 percent.
            ``(2) Maximum federal involvement.--Federal assistance 
        other than a grant under this section may be used to satisfy 
        the non-Federal share of the cost of a project for which such a 
        grant is made, except that the total Federal assistance 
        provided for a project receiving a grant under this section may 
        not exceed 80 percent of the total project cost.
    ``(k) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy American 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
            ``(3) Federal-aid highway requirements.--Notwithstanding 
        any other provision of this subsection, the Secretary shall 
        require recipients of grants under this section to comply with 
        subsection (a) of section 113 with respect to public 
        transportation projects, passenger rail projects, and freight 
        rail projects, in the same manner that recipients of grants are 
        required to comply with such subsection for construction work 
        performed on highway projects on Federal-aid highways.
    ``(l) TIFIA Program.--At the request of an eligible entity under 
this section, the Secretary may use amounts awarded to the entity to 
pay subsidy and administrative costs necessary to provide the entity 
Federal credit assistance under chapter 6 with respect to the project 
for which the grant was awarded.
    ``(m) Administration.--Of the amounts made available to carry out 
this section, the Secretary may use up to $5,000,000 for the costs of 
administering the program under this section.
    ``(n) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $5,000,000,000 to 
provide technical assistance to eligible entities.
    ``(o) Congressional Review.--
            ``(1) Notification.--Not less than 60 days before making an 
        award under this section, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works, the Committee on Banking, Housing, and Urban Affairs, 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate--
                    ``(A) a list of all applications determined to be 
                eligible for a grant by the Secretary;
                    ``(B) the quality ratings assigned to each 
                application pursuant to subsection (i);
                    ``(C) a list of applications that received final 
                consideration by the Secretary to receive an award 
                under this section;
                    ``(D) each application proposed to be selected for 
                a grant award;
                    ``(E) proposed grant amounts, including for each 
                new multiyear grant agreement, the proposed payout 
                schedule for the project; and
                    ``(F) an analysis of the impacts of any large 
                projects proposed to be selected on existing 
                commitments and anticipated funding levels for the next 
                4 fiscal years, based on information available to the 
                Secretary at the time of the report.
            ``(2) Committee review.--Before the last day of the 60-day 
        period described in paragraph (1), each Committee described in 
        paragraph (1) shall review the Secretary's list of proposed 
        projects.
            ``(3) Congressional disapproval.--The Secretary may not 
        make a grant or any other obligation or commitment to fund a 
        project under this section if a joint resolution is enacted 
        disapproving funding for the project before the last day of the 
        60-day period described in paragraph (1).
    ``(p) Transparency.--
            ``(1) In general.--Not later than 30 days after awarding a 
        grant for a project under this section, the Secretary shall 
        send to all applicants, and publish on the website of the 
        Department of Transportation--
                    ``(A) a summary of each application made to the 
                program for the grant application period; and
                    ``(B) the evaluation and justification for the 
                project selection, including ratings assigned to all 
                applications and a list of applications that received 
                final consideration by the Secretary to receive an 
                award under this section, for the grant application 
                period.
            ``(2) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant under this section, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
    ``(q) Definitions.--In this section:
            ``(1) Areas of persistent poverty.--The term `areas of 
        persistent poverty' has the meaning given such term in section 
        172(l).
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State or a group of States;
                    ``(B) a unit of local government, including a 
                metropolitan planning organization, or a group of local 
                governments;
                    ``(C) a political subdivision of a State or local 
                government;
                    ``(D) a special purpose district or public 
                authority with a transportation function, including a 
                port authority;
                    ``(E) a tribal government or a consortium of tribal 
                governments;
                    ``(F) a Federal agency eligible to receive funds 
                under section 201, 203, or 204 that applies jointly 
                with a State or group of States; and
                    ``(G) a multistate or multijurisdictional group of 
                entities described in this paragraph.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
117 and inserting the following:

``117. Projects of national and regional significance.''.

SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT GRANT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, as 
amended by this title, is further amended by adding at the end the 
following:
``Sec. 173. Community transportation investment grant program
    ``(a) Establishment.--The Secretary shall establish a community 
transportation investment grant program to improve surface 
transportation safety, state of good repair, accessibility, and 
environmental quality through infrastructure investments.
    ``(b) Grant Authority.--
            ``(1) In general.--In carrying out the program established 
        under subsection (a), the Secretary shall make grants, on a 
        competitive basis, to eligible entities in accordance with this 
        section.
            ``(2) Grant amount.--The maximum amount of a grant under 
        this section shall be $25,000,000.
    ``(c) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
may require.
    ``(d) Eligible Project Costs.--Grant amounts for an eligible 
project carried out under this section may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to such land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    ``(e) Rural Areas.--
            ``(1) In general.--The Secretary shall reserve not less 
        than 25 percent of the amounts made available to carry out this 
        section for projects located in rural areas.
            ``(2) Definition of rural area.--In this subsection, the 
        term `rural area' means all areas of a State not included in 
        urbanized areas.
            ``(3) Excess funding.--If the Secretary determines that 
        there are insufficient qualified applicants to use the funds 
        set aside under this subsection, the Secretary may use such 
        funds for grants for any projects eligible under this section.
    ``(f) Evaluation.--To evaluate applications under this section, the 
Secretary shall--
            ``(1) develop a process to objectively evaluate 
        applications on the benefits of the project proposed in such 
        application--
                    ``(A) to transportation safety, including 
                reductions in traffic fatalities and serious injuries;
                    ``(B) to state of good repair, including improved 
                condition of bridges and pavements;
                    ``(C) to transportation system access, including 
                improved access to jobs and services; and
                    ``(D) in reducing greenhouse gas emissions;
            ``(2) develop a rating system to assign a numeric value to 
        each application, based on each of the criteria described in 
        paragraph (1);
            ``(3) compare the total benefits of each application 
        submitted, as determined by the rating system developed under 
        paragraph (2), with the costs of such application, and rank 
        each application based on the results of the comparison; and
            ``(4) ensure that only such applications that are ranked 
        highly based on the results of the comparison conducted under 
        paragraph (3) are considered to receive a grant under this 
        section.
    ``(g) Weighting.--In establishing the evaluation process under 
subsection (f), the Secretary may assign different weights to the 
criteria developed under subsection (f)(1) based on project type, 
population served by a project, and other context-sensitive 
considerations, provided that--
            ``(1) each application is rated on all criteria developed 
        under subsection (f)(1); and
            ``(2) each application has the same possible minimum and 
        maximum rating, regardless of any differences in the weighting 
        of criteria.
    ``(h) Transparency.--
            ``(1) Publicly available information.--Prior to the 
        issuance of any notice of funding opportunity under this 
        section, the Secretary shall make publicly available on the 
        website of the Department of Transportation a detailed 
        explanation of the evaluation and rating process developed 
        under subsection (f), including any differences in the 
        weighting of criteria pursuant to subsection (g), if 
        applicable, and update such website for each revision of the 
        evaluation and rating process.
            ``(2) Notifications to congress.--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, the Committee on Banking, Housing, 
        and Urban Affairs of the Senate, and the Committee on Commerce, 
        Science, and Transportation of the Senate the following written 
        notifications:
                    ``(A) A notification when the Secretary publishes 
                or updates the information required under paragraph 
                (1).
                    ``(B) Not later than 30 days prior to the date on 
                which the Secretary awards a grant under this section, 
                a notification that includes--
                            ``(i) the ratings of each application 
                        submitted pursuant to subsection (f)(2);
                            ``(ii) the ranking of each application 
                        submitted pursuant to subsection (f)(3); and
                            ``(iii) a list of all applications that 
                        receive final consideration by the Secretary to 
                        receive an award under this section pursuant to 
                        subsection (f)(4).
                    ``(C) Not later than 3 business days prior to the 
                date on which the Secretary announces the award of a 
                grant under this section, a notification describing 
                each grant to be awarded, including the amount and the 
                recipient.
    ``(i) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $3,000,000 to provide 
technical assistance to eligible entities.
    ``(j) Administration.--Of the amounts made available to carry out 
this section, the Secretary may reserve up to $5,000,000 for the 
administrative costs of carrying out the program under this section.
    ``(k) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy American 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
            ``(3) Federal-aid highway requirements.--Notwithstanding 
        any other provision of this subsection, the Secretary shall 
        require recipients of grants under this section to comply with 
        subsection (a) of section 113 with respect to public 
        transportation projects, passenger rail projects, and freight 
        rail projects, in the same manner that recipients of grants are 
        required to comply with such subsection for construction work 
        performed on highway projects on Federal-aid highways.
    ``(l) Transparency.--
            ``(1) In general.--Not later than 30 days after awarding a 
        grant for a project under this section, the Secretary shall 
        send to all applicants, and publish on the website of the 
        Department of Transportation--
                    ``(A) a summary of each application made to the 
                program for the grant application period; and
                    ``(B) the evaluation and justification for the 
                project selection, including ratings and rankings 
                assigned to all applications and a list of applications 
                that received final consideration by the Secretary to 
                receive an award under this section, for the grant 
                application period.
            ``(2) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant under this section, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
    ``(m) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a metropolitan planning organization;
                    ``(B) a unit of local government;
                    ``(C) a transit agency;
                    ``(D) a Tribal Government or a consortium of tribal 
                governments;
                    ``(E) a multijurisdictional group of entities 
                described in this paragraph; or
                    ``(F) a State that applies for a grant under this 
                section jointly with an entity described in 
                subparagraphs (A) through (E).
            ``(2) Eligible project.--The term `eligible project' means 
        any project eligible under this title or chapter 53 of title 
        49.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is further amended by adding at the end the 
following new item:

``173. Community transportation investment grant program.''.

SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO MODERNIZE 
              AND RECONNECT AMERICA FOR THE 21ST CENTURY.

    (a) Purpose.--The purpose of this section is to establish a grant 
program to strategically deploy electric vehicle charging 
infrastructure and hydrogen fueling infrastructure along designated 
alternative fuel corridors that will be accessible to all drivers of 
electric vehicles and hydrogen vehicles.
    (b) Grant Program.--Section 151 of title 23, United States Code, is 
amended--
            (1) in subsection (a) by striking ``Not later than 1 year 
        after the date of enactment of the FAST Act, the Secretary 
        shall'' and inserting ``The Secretary shall periodically'';
            (2) in subsection (b)(2) by inserting ``previously 
        designated by the Federal Highway Administration or'' after 
        ``fueling corridors'';
            (3) in subsection (d)--
                    (A) by striking ``5 years after the date of 
                establishment of the corridors under subsection (a), 
                and every 5 years thereafter'' and inserting ``180 days 
                after the date of enactment of the INVEST in America 
                Act''; and
                    (B) by inserting ``establish a recurring process to 
                regularly'' after ``the Secretary shall'';
            (4) in subsection (e)--
                    (A) in paragraph (1) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (2)--
                            (i) by striking ``establishes an 
                        aspirational goal of achieving'' and inserting 
                        ``describes efforts to achieve''; and
                            (ii) by striking ``by the end of fiscal 
                        year 2020.'' and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of Energy, 
        for project development of electric vehicle charging 
        infrastructure, hydrogen fueling infrastructure, and natural 
        gas fueling infrastructure at the State, tribal, and local 
        level to allow for the predictable deployment of such 
        infrastructure; and
            ``(4) summarizes the progress and implementation of the 
        grant program under subsection (f), including--
                    ``(A) a description of how funds awarded through 
                the grant program under subsection (f) will aid efforts 
                to achieve strategic deployment of electric vehicle 
                charging infrastructure and hydrogen fueling 
                infrastructure in those corridors;
                    ``(B) the total number and location of charging 
                stations installed under subsection (f); and
                    ``(C) the total estimated greenhouse gas emissions 
                that have been reduced through the use of electric 
                vehicle charging or hydrogen fueling infrastructure 
                funded under subsection (f) using the methodology 
                identified in paragraph (3)(B).''; and
            (5) by adding at the end the following:
    ``(f) Electric Vehicle Charging and Hydrogen Fueling Infrastructure 
Grants.--
            ``(1) Establishment.--Not later than 1 year after the date 
        of enactment of the INVEST in America Act, the Secretary shall 
        establish a grant program to award grants to eligible entities 
        for electric vehicle charging and hydrogen fueling 
        infrastructure projects.
            ``(2) Eligible entity.--An entity eligible to receive a 
        grant under this subsection is--
                    ``(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) a Tribal government;
                    ``(F) an authority, agency, or instrumentality of, 
                or an entity owned by, 1 or more of the entities 
                described in subparagraphs (A) through (E); or
                    ``(G) a group of entities described in 
                subparagraphs (A) through (F).
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary shall require, 
        including--
                    ``(A) a description of--
                            ``(i) the public accessibility of the 
                        charging or fueling infrastructure proposed to 
                        be funded with a grant under this subsection, 
                        including--
                                    ``(I) charging or fueling connector 
                                types;
                                    ``(II) publicly available 
                                information on real-time availability; 
                                and
                                    ``(III) payment methods available 
                                to all members of the public to ensure 
                                secure, convenient, fair, and equal 
                                access and not limited by membership to 
                                a particular provider;
                            ``(ii) collaborative engagement with the 
                        entity with jurisdiction over the roadway and 
                        any other relevant stakeholders (including 
                        automobile manufacturers, utilities, 
                        infrastructure providers, technology providers, 
                        electric charging and hydrogen fuel providers, 
                        metropolitan planning organizations, States, 
                        Indian Tribes, units of local government, fleet 
                        owners, fleet managers, fuel station owners and 
                        operators, labor organizations, infrastructure 
                        construction and component parts suppliers, and 
                        multistate and regional entities)--
                                    ``(I) to foster enhanced, 
                                coordinated, public-private or private 
                                investment in electric vehicle charging 
                                and hydrogen fueling infrastructure;
                                    ``(II) to expand deployment of 
                                electric vehicle charging or hydrogen 
                                fueling infrastructure;
                                    ``(III) to protect personal privacy 
                                and ensure cybersecurity; and
                                    ``(IV) to ensure that a properly 
                                trained workforce is available to 
                                construct and install electric vehicle 
                                charging or hydrogen fueling 
                                infrastructure;
                            ``(iii) the location of the station or 
                        fueling site, including consideration of--
                                    ``(I) the availability of onsite 
                                amenities for vehicle operators, 
                                including restrooms or food facilities;
                                    ``(II) access in compliance with 
                                the Americans with Disabilities Act of 
                                1990 (42 U.S.C. 12101 et seq.);
                                    ``(III) height and fueling capacity 
                                requirements for facilities that charge 
                                or refuel large vehicles, including 
                                semitrailer trucks; and
                                    ``(IV) appropriate distribution to 
                                avoid redundancy and fill charging or 
                                fueling gaps;
                            ``(iv) infrastructure installation that can 
                        be responsive to technology advancements, 
                        including accommodating autonomous vehicles and 
                        future charging methods;
                            ``(v) the long-term operation and 
                        maintenance of the electric vehicle charging or 
                        hydrogen fueling infrastructure to avoid 
                        stranded assets and protect the investment of 
                        public funds in such infrastructure; and
                            ``(vi) in the case of an applicant that is 
                        not a State department of transportation, the 
                        degree of coordination with the applicable 
                        State department of transportation; and
                    ``(B) an assessment of the estimated greenhouse gas 
                emissions and air pollution from vehicle emissions that 
                will be reduced through the use of electric vehicle 
                charging or hydrogen fueling infrastructure, which 
                shall be conducted using one standardized methodology 
                or tool as determined by the Secretary.
            ``(4) Considerations.--In selecting eligible entities to 
        receive a grant under this subsection, the Secretary shall--
                    ``(A) consider the extent to which the application 
                of the eligible entity would--
                            ``(i) reduce estimated greenhouse gas 
                        emissions and air pollution from vehicle 
                        emissions, weighted by the total Federal 
                        investment in the project;
                            ``(ii) improve alternative fueling corridor 
                        networks by--
                                    ``(I) converting corridor-pending 
                                corridors to corridor-ready corridors; 
                                or
                                    ``(II) in the case of corridor-
                                ready corridors, providing additional 
                                capacity--
                                            ``(aa) to meet excess 
                                        demand for charging or fueling 
                                        infrastructure; or
                                            ``(bb) to reduce congestion 
                                        at existing charging or fueling 
                                        infrastructure in high-traffic 
                                        locations;
                            ``(iii) meet current or anticipated market 
                        demands for charging or fueling infrastructure;
                            ``(iv) enable or accelerate the 
                        construction of charging or fueling 
                        infrastructure that would be unlikely to be 
                        completed without Federal assistance; and
                            ``(v) support a long-term competitive 
                        market for electric vehicle charging 
                        infrastructure or hydrogen fueling 
                        infrastructure that does not significantly 
                        impair existing electric vehicle charging or 
                        hydrogen fueling infrastructure providers; and
                    ``(B) ensure, to the maximum extent practicable, 
                geographic diversity among grant recipients to ensure 
                that electric vehicle charging infrastructure or 
                hydrogen fueling infrastructure is available throughout 
                the United States.
            ``(5) Use of funds.--
                    ``(A) In general.--Any grant made under this 
                subsection shall be--
                            ``(i) directly related to the charging or 
                        fueling of a vehicle; and
                            ``(ii) only for charging or fueling 
                        infrastructure that is open to the general 
                        public.
                    ``(B) Location of infrastructure.--
                            ``(i) In general.--Any electric vehicle 
                        charging or hydrogen fueling infrastructure 
                        acquired and installed with a grant under this 
                        subsection shall be located along an 
                        alternative fuel corridor designated under this 
                        section or by a State or group of States.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), the Secretary may make a grant for 
                        electric vehicle charging infrastructure not on 
                        a designated alternative fuel corridor if the 
                        applicant demonstrates that the proposed 
                        charging infrastructure would expand deployment 
                        of electric vehicle charging to a greater 
                        number of users than investments on such 
                        corridor.
                    ``(C) Operating assistance.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), an eligible entity that receives a 
                        grant under this subsection may use a portion 
                        of the funds for operating costs for the first 
                        5 years of operations after the installation of 
                        electric vehicle charging or hydrogen fueling 
                        infrastructure while the facility transitions 
                        to independent system operations.
                            ``(ii) Inclusion.--Operating assistance 
                        under this subparagraph shall be limited to 
                        costs allocable to operating and maintaining 
                        the electric vehicle charging or hydrogen 
                        fueling infrastructure and service.
                            ``(iii) Limitation.--Operating assistance 
                        under this subparagraph may not exceed the 
                        amount of a contract under subparagraph (A) to 
                        acquire and install electric vehicle charging 
                        or hydrogen fueling infrastructure.
                    ``(D) Signs.--
                            ``(i) In general.--Subject to this 
                        paragraph and paragraph (6)(B), an eligible 
                        entity that receives a grant under this 
                        subsection may use a portion of the funds to 
                        acquire and install--
                                    ``(I) traffic control devices 
                                located in the right-of-way to provide 
                                directional information to electric 
                                vehicle charging or hydrogen fueling 
                                infrastructure acquired, installed, or 
                                operated with the grant under this 
                                subsection; and
                                    ``(II) on-premises signs to provide 
                                information about electric vehicle 
                                charging or hydrogen fueling 
                                infrastructure acquired, installed, or 
                                operated with a grant under this 
                                subsection.
                            ``(ii) Requirement.--Any traffic control 
                        device or on-premises sign acquired, installed, 
                        or operated with a grant under this subsection 
                        shall comply with the Manual on Uniform Traffic 
                        Control Devices, if located in the right-of-
                        way.
                    ``(E) Revenue.--An eligible entity receiving a 
                grant under this subsection and a private entity 
                referred to in subparagraph (F) may enter into a cost-
                sharing agreement under which the private entity 
                submits to the eligible entity a portion of the revenue 
                from the electric vehicle charging or hydrogen fueling 
                infrastructure.
                    ``(F) Private entity.--
                            ``(i) In general.--An eligible entity 
                        receiving a grant under this subsection may use 
                        the funds in accordance with this paragraph to 
                        contract with a private entity for 
                        installation, operation, or maintenance of 
                        electric vehicle charging or hydrogen fueling 
                        infrastructure.
                            ``(ii) Inclusion.--An eligible private 
                        entity shall include a privately, publicly, or 
                        cooperatively owned electric utility.
            ``(6) Project requirements.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, any project funded by a grant under 
                this subsection shall be treated as a project on a 
                Federal-aid highway.
                    ``(B) Electric vehicle charging projects.--A 
                project for electric vehicle charging infrastructure 
                funded by a grant under this subsection shall be 
                subject to the requirements of section 155.
            ``(7) Federal share.--The Federal share of the cost of a 
        project carried out with a grant under this subsection shall 
        not exceed 80 percent of the total project cost.''.

SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.

    (a) In General.--Chapter 1 of title 23, United States Code, as 
amended by this title, is further amended by inserting after section 
171 the following:
``Sec. 172. Community climate innovation grants
    ``(a) Establishment.--The Secretary shall establish a community 
climate innovation grant program (in this section referred to as the 
`Program') to make grants, on a competitive basis, for locally selected 
projects that reduce greenhouse gas emissions while improving the 
mobility, accessibility, and connectivity of the surface transportation 
system.
    ``(b) Purpose.--The purpose of the Program shall be to support 
communities in reducing greenhouse gas emissions from the surface 
transportation system.
    ``(c) Eligible Applicants.--The Secretary may make grants under the 
Program to the following entities:
            ``(1) A metropolitan planning organization.
            ``(2) A unit of local government or a group of local 
        governments.
            ``(3) A subdivision of a local government.
            ``(4) A transit agency.
            ``(5) A special purpose district with a transportation 
        function or a port authority.
            ``(6) A Tribal government or a consortium of tribal 
        governments.
            ``(7) A multijurisdictional group of entities described in 
        paragraphs (1) through (6).
    ``(d) Applications.--To be eligible for a grant under the Program, 
an entity specified in subsection (c) shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary determines appropriate.
    ``(e) Eligible Projects.--The Secretary may only provide a grant 
under the Program for a project that is expected to yield a significant 
reduction in greenhouse gas emissions from the surface transportation 
system and--
            ``(1) is a project eligible for assistance under this title 
        or under chapter 53 of title 49; or
            ``(2) is a capital project as defined in section 22906 of 
        title 49 to improve intercity passenger rail that will yield a 
        significant reduction in single occupant vehicle trips and 
        improve mobility on public roads.
    ``(f) Eligible Uses.--Grant amounts received for a project under 
the Program may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, 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 improvements.
    ``(g) Project Prioritization.--In making grants for projects under 
the Program, the Secretary shall give priority to projects that are 
expected to yield the most significant reductions in greenhouse gas 
emissions from the surface transportation system.
    ``(h) Additional Considerations.--In making grants for projects 
under the Program, the Secretary shall consider the extent to which--
            ``(1) a project maximizes greenhouse gas reductions in a 
        cost-effective manner;
            ``(2) a project reduces dependence on single-occupant 
        vehicle trips or provides additional transportation options;
            ``(3) a project improves the connectivity and accessibility 
        of the surface transportation system, particularly to low- and 
        zero-emission forms of transportation, including public 
        transportation, walking, and bicycling;
            ``(4) an applicant has adequately considered or will 
        adequately consider, including through the opportunity for 
        public comment, the environmental justice and equity impacts of 
        the project;
            ``(5) a project contributes to geographic diversity among 
        grant recipients, including to achieve a balance between urban, 
        suburban, and rural communities;
            ``(6) a project serves low-income communities, including 
        areas of persistent poverty; and
            ``(7) a project uses pavement materials that demonstrate 
        reductions in greenhouse gas emissions through sequestration or 
        innovative manufacturing processes.
    ``(i) Funding.--
            ``(1) Maximum amount.--The maximum amount of a grant under 
        the Program shall be $25,000,000.
            ``(2) Technical assistance.--Of the amounts made available 
        to carry out the Program, the Secretary may use up to 1 percent 
        to provide technical assistance to applicants and potential 
        applicants.
    ``(j) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy American 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
            ``(3) Federal-aid highway requirements.--Notwithstanding 
        any other provision of this subsection, the Secretary shall 
        require recipients of grants under this section to comply with 
        subsection (a) of section 113 with respect to public 
        transportation projects, passenger rail projects, and freight 
        rail projects, in the same manner that recipients of grants are 
        required to comply with such subsection for construction work 
        performed on highway projects on Federal-aid highways.
    ``(k) Single-Occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project that will 
result in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high-occupancy vehicle 
facility and is consistent with section 166.
    ``(l) Definition of Areas of Persistent Poverty.--In this section, 
the term `areas of persistent poverty' means--
            ``(1) any county that has had 20 percent or more of the 
        population of such county living in poverty over the past 30 
        years, as measured by the 1990 and 2000 decennial censuses and 
        the most recent Small Area Income and Poverty Estimates; and
            ``(2) any census tract with a poverty rate of at least 20 
        percent, as measured by the most recent 5-year data series 
        available from the American Community Survey of the Bureau of 
        the Census.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 171 the following:

``172. Community climate innovation grants.''.

SEC. 1305. METRO PERFORMANCE PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall provide 
funding to metropolitan planning organizations in accordance with this 
section to enhance local decision making and control in delivering 
projects to address local transportation needs.
    (b) Designation.--
            (1) In general.--The Secretary shall designate high-
        performing metropolitan planning organizations based on the 
        criteria in paragraph (3) to be direct recipients of funds 
        under this section.
            (2) Responsibilities.--A direct recipient shall assume, 
        with respect to the amounts made available under this section, 
        any responsibility for the oversight of Federal funds vested in 
        a State department of transportation under chapter 1 of title 
        23, United States Code.
            (3) Criteria.--In designating an applicant under this 
        subsection, the Secretary shall consider--
                    (A) the legal, financial, and technical capacity of 
                the applicant;
                    (B) the level of coordination between the applicant 
                and--
                            (i) the State department of transportation 
                        of the State or States in which the 
                        metropolitan planning area represented by the 
                        applicant is located;
                            (ii) local governments and providers of 
                        public transportation within the metropolitan 
                        planning area represented by the applicant; and
                            (iii) if more than 1 metropolitan planning 
                        organization is designated within an urbanized 
                        area represented by the applicant, any other 
                        such metropolitan planning organization;
                    (C) in the case of an applicant that represents an 
                urbanized area population of greater than 200,000, the 
                effectiveness of project delivery and timely obligation 
                of funds made available under section 133(d)(1)(A)(i) 
                of title 23, United States Code;
                    (D) if the applicant or a local government within 
                the metropolitan planning area that the applicant 
                represents has been the recipient of a discretionary 
                grant from the Secretary within the preceding 5 years, 
                the administration of such grant;
                    (E) the extent to which the planning and decision 
                making process of the applicant, including the long-
                range transportation plan and the approved 
                transportation improvement program under section 134 of 
                such title, support--
                            (i) the performance goals established under 
                        section 150(b) of such title; and
                            (ii) the achievement of metropolitan or 
                        statewide performance targets established under 
                        section 150(c) of such title; and
                    (F) any other criteria established by the 
                Secretary.
            (4) Requirements.--
                    (A) Call for nomination.--Not later than April 1, 
                2022, the Secretary shall publish in the Federal 
                Register a notice soliciting applications for 
                designation under this subsection.
                    (B) Guidance.--The notification under paragraph (1) 
                shall include guidance on the requirements and 
                responsibilities of a direct recipient under this 
                section.
                    (C) Determination.--The Secretary shall make all 
                designations under this section for fiscal year 2023 
                not later than June 1, 2022.
            (5) Term.--Except as provided in paragraph (6), a 
        designation under this subsection shall--
                    (A) be for a period of not less than 5 years; and
                    (B) be renewable.
            (6) Termination.--
                    (A) In general.--The Secretary shall establish 
                procedures for the termination of a designation under 
                this subsection.
                    (B) Considerations.--In establishing procedures 
                under subparagraph (A), the Secretary shall consider--
                            (i) with respect to projects carried out 
                        under this section, compliance with the 
                        requirements of title 23, United States Code, 
                        or chapter 53 of title 49, United States Code; 
                        and
                            (ii) the obligation rate of any funds--
                                    (I) made available under this 
                                section; and
                                    (II) in the case of a metropolitan 
                                planning organization that represents a 
                                metropolitan planning area with an 
                                urbanized area population of greater 
                                than 200,000, made available under 
                                section 133(d)(1)(A) of title 23, 
                                United States Code.
    (c) Use of Funds.--
            (1) Eligible projects.--Funds made available under this 
        section may be obligated for the purposes described in section 
        133(b) of title 23, United States Code.
            (2) Administrative expenses and technical assistance.--Of 
        the amounts made available under this section, the Secretary 
        may set aside not more than $5,000,000 for program management, 
        oversight, and technical assistance to direct recipients.
    (d) Responsibilities of Direct Recipients.--
            (1) Direct availability of funds.--Notwithstanding title 
        23, United States Code, the amounts made available under this 
        section shall be allocated to each direct recipient for 
        obligation.
            (2) Project delivery.--
                    (A) In general.--At the request of the direct 
                recipient, the State may collaborate with a project 
                sponsor to ensure delivery of the project and 
                compliance with all applicable Federal requirements.
                    (B) Use of funds.--Amounts made available under 
                this section may be used to compensate the State for 
                costs incurred in providing technical assistance under 
                this paragraph.
            (3) Distribution of amounts among direct recipients.--
                    (A) In general.--Subject to subparagraph (B), on 
                the first day of the fiscal year for which funds are 
                made available under this section, the Secretary shall 
                allocate such funds to each direct recipient as the 
                proportion of the population (as determined by data 
                collected by the Bureau of the Census) of the urbanized 
                area represented by any 1 direct recipient bears to the 
                total population of all of urbanized areas represented 
                by all direct recipients.
                    (B) Minimum and maximum amounts.--Each direct 
                recipient shall receive not less than $10,000,000 and 
                not more than $50,000,000 each fiscal year.
                    (C) Minimum guaranteed amount.--In making a 
                determination whether to designate a metropolitan 
                planning organization as a direct recipient under 
                subsection (b), the Secretary shall ensure that each 
                direct recipient receives the minimum required 
                allocation under subparagraph (B).
                    (D) Additional amounts.--If any amounts remain 
                unallocated after the distribution described in this 
                subsection, such remaining amounts and an associated 
                amount of obligation limitation shall be made available 
                for the purposes described in clauses (i) and (ii) of 
                section 133(d)(1)(A) of title 23, United States Code, 
                and distributed among the States in proportion to the 
                relative shares of the population (as determined by 
                data collected by the Bureau of the Census) of the 
                urbanized areas of each State bears to the total 
                population of all urbanized areas across all States.
            (4) Assumption of responsibility of the secretary.--
                    (A) In general.--For projects carried out with 
                funds provided under this section, the direct recipient 
                may assume the responsibilities of the Secretary under 
                title 23, United States Code, for design, plans, 
                specifications, estimates, contract awards, and 
                inspections with respect to the projects unless the 
                Secretary determines that the assumption is not 
                appropriate.
                    (B) Agreement.--The Secretary and the direct 
                recipient shall enter into an agreement relating to the 
                extent to which the direct recipient assumes the 
                responsibilities of the Secretary under this paragraph.
                    (C) Limitations.--The Secretary shall retain 
                responsibilities described in subparagraph (A) for any 
                project that the Secretary determines to be in a high-
                risk category, including projects on the National 
                Highway System.
    (e) Expenditure of Funds.--
            (1) Consistency with metropolitan planning.--Except as 
        otherwise provided in this section, programming and expenditure 
        of funds for projects under this section shall be consistent 
        with the requirements of section 134 of title 23, United States 
        Code.
            (2) Selection of projects.--
                    (A) In general.--Notwithstanding subsections (j)(5) 
                and (k)(4) of section 134 of such title, a direct 
                recipient shall select, from the approved 
                transportation improvement program under section 134 of 
                such title, all projects described under this section, 
                including projects on the National Highway System.
                    (B) Eligible projects.--The project selection 
                process described in this subsection shall apply to all 
                federally funded projects within the boundaries of a 
                metropolitan planning area served by a direct recipient 
                that are carried out under this section.
                    (C) Consultation required.--In selecting a project 
                under this subsection, the metropolitan planning 
                organization shall consult with--
                            (i) in the case of a highway project, the 
                        State and locality in which such project is 
                        located; and
                            (ii) in the case of a transit project, any 
                        affected public transportation operator.
            (3) Rule of construction.--Nothing in this section shall be 
        construed to limit the ability of a direct recipient to partner 
        with a State department of transportation or other recipient of 
        Federal funds under title 23, United States Code, or chapter 53 
        of title 49, United States Code, to carry out a project.
    (f) Treatment of Funds.--
            (1) In general.--Except as provided in this section, funds 
        made available to carry out this section shall be treated as 
        funds apportioned under title 23, United States Code.
            (2) Treatment of projects.--Notwithstanding any other 
        provision of law, any project using funds provided under this 
        section shall be treated as a project on a Federal-aid highway 
        under chapter 1 of title 23, United States Code.
            (3) Federal share.--The Federal share of the cost of a 
        project carried out under this section shall be determined in 
        accordance with section 120 of title 23, United States Code.
    (g) Report.--
            (1) Direct recipient report.--Not later than 60 days after 
        the end of each fiscal year, each direct recipient shall submit 
        to the Secretary a report that includes--
                    (A) a list of projects funded with amounts provided 
                under this section;
                    (B) a description of any obstacles to complete 
                projects or timely obligation of funds; and
                    (C) recommendations to improve the effectiveness of 
                the program under this section.
            (2) Report to congress.--Not later than October 1, 2024, 
        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--
                    (A) summarizes the findings of each direct 
                recipient provided under paragraph (1);
                    (B) describes the efforts undertaken by both direct 
                recipients and the Secretary to ensure compliance with 
                the requirements of title 23 and chapter 53 of title 
                49, United States Code;
                    (C) analyzes the capacity of direct recipients to 
                receive direct allocations of funds under chapter 1 of 
                title 23, United States Code; and
                    (D) provides recommendations from the Secretary 
                to--
                            (i) improve the administration, oversight, 
                        and performance of the program established 
                        under this section;
                            (ii) improve the effectiveness of direct 
                        recipients to complete projects and obligate 
                        funds in a timely manner; and
                            (iii) evaluate options to expand the 
                        authority provided under this section, 
                        including to allow for the direct allocation to 
                        metropolitan planning organizations of funds 
                        made available to carry out clause (i) or (ii) 
                        of section 133(d)(1)(A) of title 23, United 
                        States Code.
            (3) Update.--Not less frequently than every 2 years, the 
        Secretary shall update the report described in paragraph (2).
    (h) Definitions.--
            (1) Direct recipient.--In this section, the term ``direct 
        recipient'' means a metropolitan planning organization 
        designated by the Secretary as high-performing under subsection 
        (b) and that was directly allocated funds as described in 
        subsection (d).
            (2) Metropolitan planning area.--The term ``metropolitan 
        planning area'' has the meaning given such term in section 134 
        of title 23, United States Code.
            (3) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        such term in section 134 of title 23, United States Code.
            (4) National highway system.--The term ``National Highway 
        System'' has the meaning given such term in section 101 of 
        title 23, United States Code.
            (5) State.--The term ``State'' has the meaning given such 
        term in section 101 of title 23, United States Code.
            (6) Urbanized area.--The term ``urbanized area'' has the 
        meaning given such term in section 134 of title 23, United 
        States Code.

SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a gridlock reduction program to make grants, on a competitive basis, 
for projects to reduce, and mitigate the adverse impacts of, traffic 
congestion.
    (b) Applications.--To be eligible for a grant under this section, 
an applicant shall submit to the Secretary an application in such form, 
at such time, and containing such information as the Secretary 
determines appropriate.
    (c) Eligible Applicants.--The Secretary may make grants under this 
section to an applicant that is serving an urbanized area, as 
designated by the Bureau of the Census, with a population of not less 
than 1,000,000 and that is--
            (1) a metropolitan planning organization;
            (2) a unit of local government or a group of local 
        governments;
            (3) a multijurisdictional group of entities described in 
        paragraphs (1) and (2); or
            (4) a State that is in partnership with an entity described 
        in paragraph (1), (2), or (3).
    (d) Eligible Projects.--The Secretary may award grants under this 
section to applicants that submit a comprehensive program of surface 
transportation-related projects to reduce traffic congestion and 
related adverse impacts, including a project for 1 or more of the 
following:
            (1) Transportation systems management and operations.
            (2) Intelligent transportation systems.
            (3) Real-time traveler information.
            (4) Traffic incident management.
            (5) Active traffic management.
            (6) Traffic signal timing.
            (7) Multimodal travel payment systems.
            (8) Transportation demand management, including employer-
        based commuting programs such as carpool, vanpool, transit 
        benefit, parking cashout, shuttle, or telework programs.
            (9) A project to provide transportation options to reduce 
        traffic congestion, including--
                    (A) a project under chapter 53 of title 49, United 
                States Code; and
                    (B) a bicycle or pedestrian project, including a 
                project to provide safe and connected active 
                transportation networks.
            (10) Any other project, as determined appropriate by the 
        Secretary.
    (e) Award Prioritization.--
            (1) In general.--In selecting grants under this section, 
        the Secretary shall prioritize applicants serving urbanized 
        areas, as described in subsection (c), that are experiencing a 
        high degree of recurrent transportation congestion, as 
        determined by the Secretary.
            (2) Additional considerations.--In selecting grants under 
        this section, the Secretary shall also consider the extent to 
        which the project would--
                    (A) reduce traffic congestion and improve the 
                reliability of the surface transportation system;
                    (B) mitigate the adverse impacts of traffic 
                congestion on the surface transportation system, 
                including safety and environmental impacts;
                    (C) maximize the use of existing capacity; and
                    (D) employ innovative, integrated, and multimodal 
                solutions to the items described in subparagraphs (A), 
                (B), and (C).
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of a project 
        carried out under this section may not exceed 60 percent.
            (2) Maximum federal share.--Federal assistance other than a 
        grant for a project under this section may be used to satisfy 
        the non-Federal share of the cost of such project, except that 
        the total Federal assistance provided for a project receiving a 
        grant under this section may not exceed 80 percent of the total 
        project cost.
    (g) Use of Funds.--Funds made available for a project under this 
section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            (2) construction, reconstruction, 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 improvements.
    (h) Funding.--
            (1) Grant amount.--A grant under this section shall be in 
        an amount not less than $10,000,000 and not more than 
        $50,000,000.
            (2) Availability.--Funds made available under this program 
        shall be available until expended.
    (i) Freight Project Set-Aside.--
            (1) In general.--The Secretary shall set aside not less 
        than 50 percent of the funds made available to carry out this 
        section for grants for freight projects under this subsection.
            (2) Eligible uses.--The Secretary shall provide funds set 
        aside under this subsection to applicants that submit a 
        comprehensive program of surface transportation-related 
        projects to reduce freight-related traffic congestion and 
        related adverse impacts, including--
                    (A) freight intelligent transportation systems;
                    (B) real-time freight parking information;
                    (C) real-time freight routing information;
                    (D) freight transportation and delivery safety 
                projects;
                    (E) first-mile and last-mile delivery solutions;
                    (F) shifting freight delivery to off-peak travel 
                times;
                    (G) reducing greenhouse gas emissions and air 
                pollution from freight transportation and delivery, 
                including through the use of innovative vehicles that 
                produce fewer greenhouse gas emissions;
                    (H) use of centralized delivery locations;
                    (I) designated freight vehicle parking and staging 
                areas;
                    (J) curb space management; and
                    (K) other projects, as determined appropriate by 
                the Secretary.
            (3) Award prioritization.--
                    (A) In general.--In providing funds set aside under 
                this section, the Secretary shall prioritize applicants 
                serving urbanized areas, as described in subsection 
                (c), that are experiencing a high degree of recurrent 
                congestion due to freight transportation, as determined 
                by the Secretary.
                    (B) Additional considerations.--In providing funds 
                set aside under this subsection, the Secretary shall 
                consider the extent to which the proposed project--
                            (i) reduces freight-related traffic 
                        congestion and improves the reliability of the 
                        freight transportation system;
                            (ii) mitigates the adverse impacts of 
                        freight-related traffic congestion on the 
                        surface transportation system, including safety 
                        and environmental impacts;
                            (iii) maximizes the use of existing 
                        capacity;
                            (iv) employs innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) through (iii); and
                            (v) leverages Federal funds with non-
                        Federal contributions.
            (4) Flexibility.--If the Secretary determines that there 
        are insufficient qualified applicants to use the funds set 
        aside under this subsection, the Secretary may use such funds 
        for grants for any projects eligible under this section.
    (j) Report.--
            (1) Recipient report.--The Secretary shall ensure that not 
        later than 2 years after the Secretary awards grants under this 
        section, the recipient of each such grant submits to the 
        Secretary a report that contains--
                    (A) information on each activity or project that 
                received funding under this section;
                    (B) a summary of any non-Federal resources 
                leveraged by a grant under this section;
                    (C) any statistics, measurements, or quantitative 
                assessments that demonstrate the congestion reduction, 
                reliability, safety, and environmental benefits 
                achieved through activities or projects that received 
                funding under this section; and
                    (D) any additional information required by the 
                Secretary.
            (2) Report to congress.--Not later than 6 months after the 
        date specified in paragraph (1), the Secretary shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works, the Committee on Commerce, Science, and Transportation, 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate, and make publicly available on a website, a report 
        detailing--
                    (A) a summary of any information provided under 
                paragraph (1); and
                    (B) recommendations and best practices to--
                            (i) reduce traffic congestion, including 
                        freight-related traffic congestion, and improve 
                        the reliability of the surface transportation 
                        system;
                            (ii) mitigate the adverse impacts of 
                        traffic congestion, including freight-related 
                        traffic congestion, on the surface 
                        transportation system, including safety and 
                        environmental impacts; and
                            (iii) employ innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) and (ii).
    (k) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works, the Committee on 
Commerce, Science, and Transportation, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate of the intention to award such 
a grant.
    (l) Treatment of Projects.--
            (1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    (A) the requirements of title 23, United States 
                Code, to a highway project;
                    (B) the requirements of chapter 53 of title 49, 
                United States Code, to a public transportation project; 
                and
                    (C) the requirements of section 22905 of title 49, 
                United States Code, to a passenger rail or freight rail 
                project.
            (2) Multimodal projects.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            (i) determine the predominant modal 
                        component of the project; and
                            (ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    (B) Exceptions.--
                            (i) Passenger or freight rail component.--
                        For any passenger or freight rail component of 
                        a project, the requirements of section 
                        22907(j)(2) of title 49, United States Code, 
                        shall apply.
                            (ii) Public transportation component.--For 
                        any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49, United States Code, shall apply.
                    (C) Buy america.--In applying the Buy American 
                requirements under section 313 of title 23, United 
                States Code, and sections 5320, 22905(a), and 24305(f) 
                of title 49, United States Code, to a multimodal 
                project under this paragraph, the Secretary shall--
                            (i) consider the various modal components 
                        of the project; and
                            (ii) seek to maximize domestic jobs.
            (3) Federal-aid highway requirements.--Notwithstanding any 
        other provision of this subsection, the Secretary shall require 
        recipients of grants under this section to comply with 
        subsection (a) of section 113 of title 23, United States Code, 
        with respect to public transportation projects, passenger rail 
        projects, and freight rail projects, in the same manner that 
        recipients of grants are required to comply with such 
        subsection for construction work performed on highway projects 
        on Federal-aid highways.
    (m) Treatment of Funds.--Except as provided in subsection (l), 
funds authorized for the purposes described in this section shall be 
available for obligation in the same manner as if the funds were 
apportioned under chapter 1 of title 23, United States Code.

SEC. 1307. REBUILD RURAL GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a rebuild rural grant program to improve the safety, state of good 
repair, and connectivity of transportation infrastructure in rural 
communities.
    (b) Grant Authority.--
            (1) In general.--In carrying out the program established in 
        subsection (a), the Secretary shall make grants, on a 
        competitive basis, in accordance with this section.
            (2) Grant amount.--A grant made under this program shall be 
        for no more than $25,000,000.
    (c) Eligible Applicants.--The Secretary may make a grant under this 
section to--
            (1) a State;
            (2) a metropolitan planning organization or a regional 
        transportation planning organization;
            (3) a unit of local government;
            (4) a Federal land management agency;
            (5) a Tribal government or a consortium of Tribal 
        governments; and
            (6) a multijurisdictional group of entities described in 
        this subsection.
    (d) Applications.--To be eligible for a grant under this section, 
an entity specified 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.
    (e) Eligible Projects.--The Secretary shall provide grants under 
this section to projects eligible under title 23, United States Code, 
including projects on and off the Federal-aid highway system, that 
improve safety, state of good repair, or connectivity in a rural 
community, including projects to--
            (1) improve transportation safety, including projects on 
        high-risk rural roads and on Federal lands;
            (2) improve state of good repair, including projects to 
        repair and rehabilitate bridges on and off the Federal-aid 
        highway system;
            (3) provide or increase access to jobs and services;
            (4) provide or increase access to--
                    (A) a grain elevator;
                    (B) an agricultural facility;
                    (C) a mining facility;
                    (D) a forestry facility;
                    (E) an intermodal facility; or
                    (F) any other facility that supports the economy of 
                a rural community; and
            (5) reduce vehicle-wildlife collisions and improve habitat 
        connectivity.
    (f) Eligible Project Costs.--Grant amounts for a project under this 
section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            (2) construction, reconstruction, 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 improvements.
    (g) Federal Share.--
            (1) In general.--The share of the cost of a project 
        provided with a grant under this section may not exceed 80 
        percent of the total cost of such project.
            (2) Maximum federal assistance.--Federal assistance other 
        than a grant under this section may be used to satisfy up to 
        100 percent of the total cost of such project.
    (h) Priority.--In making grants under this section, the Secretary 
shall prioritize projects that address--
            (1) significant transportation safety challenges;
            (2) state of good repair challenges that pose safety risks 
        or risks to a local economy;
            (3) economic development challenges;
            (4) connectivity challenges that limit access to jobs or 
        services; and
            (5) coordination of projects in the highway right-of-way 
        with proposed broadband service infrastructure needs.
    (i) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary of Transportation shall notify 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant.
    (j) 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.
    (k) Definition of Rural Community.--In this section, the term 
``rural community'' means an area that is not an urbanized area, as 
such term is defined in section 101(a) of title 23, United States Code.

SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.

    (a) Establishment.--The Secretary of Transportation shall establish 
a program under which the Secretary shall make grants, on a competitive 
basis, to eligible entities to address the shortage of parking for 
commercial motor vehicles to improve the safety of commercial motor 
vehicle operators.
    (b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
may require.
    (c) Eligible Projects.--Projects eligible under this section are 
projects that--
            (1) construct safety rest areas that include parking for 
        commercial motor vehicles;
            (2) construct commercial motor vehicle parking facilities--
                    (A) adjacent to private commercial truckstops and 
                travel plazas;
                    (B) within the boundaries of, or adjacent to, a 
                publicly owned freight facility, including a port 
                terminal operated by a public authority; and
                    (C) at existing facilities, including inspection 
                and weigh stations and park-and-ride locations;
            (3) open existing weigh stations, safety rest areas, and 
        park-and-ride facilities to commercial motor vehicle parking;
            (4) facilitate access to publicly and privately provided 
        commercial motor vehicle parking, such as through the use of 
        intelligent transportation systems;
            (5) construct turnouts along a Federal-aid highway for 
        commercial motor vehicles;
            (6) make capital improvements to public commercial motor 
        vehicle parking facilities that are closed on a seasonal basis 
        to allow the facilities to remain open year-round;
            (7) open existing commercial motor vehicle chain-up areas 
        that are closed on a seasonal basis to allow the facilities to 
        remain open year-round for commercial motor vehicle parking;
            (8) address commercial motor vehicle parking and layover 
        needs in emergencies that strain the capacity of existing 
        publicly and privately provided commercial motor vehicle 
        parking; and
            (9) make improvements to existing commercial motor vehicle 
        parking facilities, including advanced truckstop 
        electrification systems.
    (d) Use of Funds.--
            (1) In general.--An eligible entity may use a grant under 
        this section for--
                    (A) development phase activities, including 
                planning, feasibility analysis, benefit-cost analysis, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities 
                necessary to advance a project described in subsection 
                (c); and
                    (B) construction and operational improvements, as 
                such terms are defined in section 101 of title 23, 
                United States Code.
            (2) Private sector participation.--An eligible entity that 
        receives a grant under this section may partner with a private 
        entity to carry out an eligible project under this section.
            (3) Limitation.--Not more than 10 percent of the amounts 
        made available to carry out this section may be used to promote 
        the availability of existing commercial motor vehicle parking.
    (e) Selection Criteria.--In making grants under this section, the 
Secretary shall consider--
            (1) in the case of construction of new commercial motor 
        vehicle parking capacity, the shortage of public and private 
        commercial motor vehicle parking near the project; and
            (2) the extent to which each project--
                    (A) would increase commercial motor vehicle parking 
                capacity or utilization;
                    (B) would facilitate the efficient movement of 
                freight;
                    (C) would improve safety, traffic congestion, and 
                air quality;
                    (D) is cost effective; and
                    (E) reflects consultation with motor carriers, 
                commercial motor vehicle operators, and private 
                providers of commercial motor vehicle parking.
    (f) Notification of Congress.--Not later than 3 business days 
before awarding a grant under this section, the Secretary of 
Transportation shall notify the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate of the intention to award 
such a grant.
    (g) Treatment of Funds.--
            (1) Treatment of projects.--Notwithstanding any other 
        provision of law, any project funded by a grant under this 
        section shall be treated as a project on a Federal-aid highway 
        under chapter 1 of title 23, United States Code.
            (2) Federal share.--The Federal share of the cost of a 
        project under this section shall be determined in accordance 
        with subsections (b) and (c) of section 120 of title 23, United 
        States Code.
    (h) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23 U.S.C. 
137 note) is amended--
            (1) by inserting ``and private providers of commercial 
        motor vehicle parking'' after ``personnel''; and
            (2) in subparagraph (A) by striking ``the capability of the 
        State to provide'' and inserting ``the availability of''.
    (i) Survey; Comparative Assessment; Report.--
            (1) Update.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall update the survey of 
        each State required under section 1401(c)(1) of the MAP-21 (23 
        U.S.C. 137 note).
            (2) Report.--Not later than 1 year after the deadline under 
        paragraph (1), the Secretary shall publish on the website of 
        the Department of Transportation and submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report that--
                    (A) evaluates the availability of adequate parking 
                and rest facilities for commercial motor vehicles 
                engaged in interstate transportation;
                    (B) evaluates the effectiveness of the projects 
                funded under this section in improving access to truck 
                parking; and
                    (C) reports on the progress being made to provide 
                adequate commercial motor vehicle parking facilities in 
                the State.
            (3) Consultation.--The Secretary shall prepare the report 
        required under paragraph (2) in consultation with--
                    (A) relevant State motor carrier safety personnel;
                    (B) motor carriers and commercial motor vehicle 
                operators; and
                    (C) private providers of commercial motor vehicle 
                parking.
    (j) Definitions.--In this section:
            (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31132 of 
        title 49, United States Code.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a metropolitan planning organization;
                    (C) a unit of local government;
                    (D) a political subdivision of a State or local 
                government carrying out responsibilities relating to 
                commercial motor vehicle parking; and
                    (E) a multistate or multijurisdictional group of 
                entities described in subparagraphs (A) through (D).
            (3) Safety rest area.--The term ``safety rest area'' has 
        the meaning given such term in section 120(c) of title 23, 
        United States Code.

SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
an active transportation connectivity grant program to provide for safe 
and connected active transportation facilities.
    (b) Grant Authority.--In carrying out the program established in 
subsection (a), the Secretary shall make grants, on a competitive 
basis, in accordance with this section.
    (c) Eligible Applicants.--The Secretary may make a grant under this 
section to--
            (1) a State;
            (2) a metropolitan planning organization;
            (3) a regional transportation authority;
            (4) a unit of local government;
            (5) a Federal land management agency;
            (6) a natural resource or public land agency;
            (7) a Tribal government or a consortium of Tribal 
        governments;
            (8) any local or regional governmental entity with 
        responsibility for or oversight of transportation or 
        recreational trails; and
            (9) a multistate or multijurisdictional group of entities 
        described in this subsection.
    (d) Applications.--To be eligible for a grant under this section, 
an entity specified 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.
    (e) Eligible Projects.--The Secretary shall provide grants under 
this section to projects that improve the connectivity and the use of 
active transportation facilities--
            (1) including--
                    (A) active transportation networks;
                    (B) active transportation spines; and
                    (C) planning related to the development of--
                            (i) active transportation networks;
                            (ii) active transportation spines; and
                            (iii) complete streets plans to create a 
                        connected network of active transportation 
                        facilities, including sidewalks, bikeways, or 
                        pedestrian and bicycle trails; and
            (2) that have--
                    (A) total project costs of not less than 
                $15,000,000; or
                    (B) in the case of planning grants under subsection 
                (f), a total cost of not less than $100,000.
    (f) Planning Grants.--Of the amounts made available to carry out 
this section, the Secretary may use not more than 10 percent to provide 
planning grants to eligible applicants for activities under subsection 
(e)(1)(C).
    (g) Considerations.--In making grants under this section, the 
Secretary shall consider the extent to which--
            (1) a project is likely to provide substantial additional 
        opportunities for walking and bicycling, including through the 
        creation of--
                    (A) active transportation networks connecting 
                destinations within or between communities, including 
                schools, workplaces, residences, businesses, recreation 
                areas, and other community areas; and
                    (B) active transportation spines connecting 2 or 
                more communities, metropolitan areas, or States;
            (2) an applicant has adequately considered or will 
        consider, including through the opportunity for public comment, 
        the environmental justice and equity impacts of the project;
            (3) the project would improve safety for vulnerable road 
        users, including through the use of complete street design 
        policies or a safe system approach; and
            (4) a project integrates active transportation facilities 
        with public transportation services, where available, to 
        improve access to public transportation.
    (h) Limitation.--
            (1) In general.--The share of the cost of a project 
        assisted with a grant under this section may not exceed 80 
        percent.
            (2) Maximum federal assistance.--Federal assistance other 
        than a grant under this section may be used to satisfy up to 
        100 percent of the total project cost.
    (i) Eligible Project Costs.--Amounts made available for a project 
under this section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            (2) construction, reconstruction, 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 improvements.
    (j) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary of Transportation shall notify 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant.
    (k) Treatment of Projects.--Notwithstanding any other provision of 
law, a project carried out under this section shall be treated in the 
manner described under section 133(i) of title 23, United States Code.
    (l) Definitions.--In this section:
            (1) Active transportation.--The term ``active 
        transportation'' means mobility options powered primarily by 
        human energy, including bicycling and walking.
            (2) Active transportation network.--The term ``active 
        transportation network'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails, that connect destinations within a 
        community, a metropolitan area, or on Federal lands.
            (3) Active transportation spine.--The term ``active 
        transportation spine'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails, that connect communities, metropolitan 
        areas, Federal lands, or States.
            (4) Safe system approach.--The term ``safe system 
        approach'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.
            (5) Vulnerable road user.--The term ``vulnerable road 
        user'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.

   Subtitle D--Planning, Performance Management, and Asset Management

SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.

    Section 134 of title 23, United States Code, is amended--
            (1) in subsection (a) by striking ``resiliency needs while 
        minimizing transportation-related fuel consumption and air 
        pollution'' and inserting ``resiliency and climate change 
        adaptation needs while reducing transportation-related fuel 
        consumption, air pollution, and greenhouse gas emissions'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) STIP.--The term `STIP' means a statewide 
        transportation improvement program developed by a State under 
        section 135(g).'';
            (3) in subsection (c)--
                    (A) in paragraph (1) by striking ``and 
                transportation improvement programs'' and inserting 
                ``and TIPs''; and
                    (B) by adding at the end the following:
            ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of MAP-21, each'' and 
                inserting ``Each'';
                    (B) in paragraph (3) by adding at the end the 
                following:
                    ``(D) Considerations.--
                            ``(i) Equitable and proportional 
                        representation.--In designating officials or 
                        representatives under paragraph (2), the 
                        metropolitan planning organization shall 
                        consider the equitable and proportional 
                        representation of the population of the 
                        metropolitan planning area.
                            ``(ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan planning 
                        organization in existence on the date of 
                        enactment of this subparagraph to be 
                        restructured.
                            ``(iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this paragraph 
                        shall apply to any metropolitan planning 
                        organization redesignated under paragraph 
                        (6).'';
                    (C) in paragraph (6)(B) by striking ``paragraph 
                (2)'' and inserting ``paragraphs (2) or (3)(D)''; and
                    (D) in paragraph (7)--
                            (i) by striking ``an existing metropolitan 
                        planning area'' and inserting ``an urbanized 
                        area''; and
                            (ii) by striking ``the existing 
                        metropolitan planning area'' and inserting 
                        ``the area'';
            (5) in subsection (g)--
                    (A) in paragraph (1) by striking ``a metropolitan 
                area'' and inserting ``an urbanized area'';
                    (B) in paragraph (2) by striking ``Mpos'' and 
                inserting ``Metropolitan planning areas'';
                    (C) in paragraph (3)(A) by inserting ``emergency 
                response and evacuation, climate change adaptation and 
                resilience,'' after ``disaster risk reduction,''; and
                    (D) by adding at the end the following:
            ``(4) Coordination between mpos.--
                    ``(A) In general.--If more than 1 metropolitan 
                planning organization is designated within an urbanized 
                area under subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall ensure, 
                to the maximum extent practicable, the consistency of 
                any data used in the planning process, including 
                information used in forecasting transportation demand.
                    ``(B) Savings clause.--Nothing in this paragraph 
                requires metropolitan planning organizations designated 
                within a single urbanized area to jointly develop 
                planning documents, including a unified long-range 
                transportation plan or unified TIP.'';
            (6) in subsection (h)(1)--
                    (A) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) protect and enhance the environment, promote 
                energy conservation, reduce greenhouse gas emissions, 
                improve the quality of life and public health, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns, including housing and land use 
                patterns;'';
                    (B) in subparagraph (I)--
                            (i) by inserting ``, sea level rise, 
                        extreme weather, and climate change'' after 
                        ``stormwater''; and
                            (ii) by striking ``and'' at the end;
                    (C) by redesignating subparagraph (J) as 
                subparagraph (L); and
                    (D) by inserting after subparagraph (I) the 
                following:
                    ``(J) facilitate emergency management, response, 
                and evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access; and'';
            (7) in subsection (h)(2) by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the metropolitan 
                transportation planning process shall support the 
                national goals described in section 150(b), the 
                achievement of metropolitan and statewide targets 
                established under section 150(d), the improvement of 
                transportation system access (consistent with section 
                150(f)), and the general purposes described in section 
                5301 of title 49.'';
            (8) in subsection (i)--
                    (A) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                    (B) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                    (C) in paragraph (2)(H) by inserting ``greenhouse 
                gas emissions,'' after ``pollution,'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Issues.--The consultation shall involve, as 
                appropriate, comparison of transportation plans to 
                other relevant plans, including, if available--
                            ``(i) State conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.''; and
                    (E) by amending paragraph (6)(C) to read as 
                follows:
                    ``(C) Methods.--
                            ``(i) In general.--In carrying out 
                        subparagraph (A), the metropolitan planning 
                        organization shall, to the maximum extent 
                        practicable--
                                    ``(I) hold any public meetings at 
                                convenient and accessible locations and 
                                times;
                                    ``(II) employ visualization 
                                techniques to describe plans; and
                                    ``(III) make public information 
                                available in electronically accessible 
                                format and means, such as the internet, 
                                as appropriate to afford reasonable 
                                opportunity for consideration of public 
                                information under subparagraph (A).
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the metropolitan 
                        planning organization shall, to the maximum 
                        extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
            (9) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``TIP'' each place it 
        appears; and
            (10) by striking ``Federally'' each place it appears and 
        inserting ``federally''.

SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    Section 135 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (2)--
                            (i) by striking ``The statewide 
                        transportation plan and the'' and inserting the 
                        following:
                    ``(A)  In general.--The statewide transportation 
                plan and the'';
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP''; 
                        and
                            (iii) by adding at the end the following:
                    ``(B) Consideration.--In developing the statewide 
                transportation plans and STIPs, States shall consider 
                direct and indirect emissions of greenhouse gases.''; 
                and
                    (C) in paragraph (3) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E)--
                                    (I) by inserting ``reduce 
                                greenhouse gas emissions,'' after 
                                ``promote energy conservation,'';
                                    (II) by inserting ``and public 
                                health'' after ``improve the quality of 
                                life''; and
                                    (III) by inserting ``, including 
                                housing and land use patterns'' after 
                                ``economic development patterns'';
                            (ii) in subparagraph (I)--
                                    (I) by inserting ``, sea level 
                                rise, extreme weather, and climate 
                                change'' after ``mitigate stormwater''; 
                                and
                                    (II) by striking ``and'' after the 
                                semicolon;
                            (iii) by redesignating subparagraph (J) as 
                        subparagraph (L); and
                            (iv) by inserting after subparagraph (I) 
                        the following:
                    ``(J) facilitate emergency management, response, 
                and evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access; and'';
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the statewide 
                transportation planning process shall support--
                            ``(i) the national goals described in 
                        section 150(b);
                            ``(ii) the consideration of transportation 
                        system access (consistent with section 150(f));
                            ``(iii) the achievement of statewide 
                        targets established under section 150(c); and
                            ``(iv) the general purposes described in 
                        section 5301 of title 49.''; and
                            (ii) in subparagraph (D) by striking 
                        ``statewide transportation improvement 
                        program'' and inserting ``STIP''; and
                    (C) in paragraph (3) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
            (3) in subsection (e)(3) by striking ``transportation 
        improvement program'' and inserting ``STIP'';
            (4) in subsection (f)--
                    (A) in paragraph (2)(D)--
                            (i) in clause (i) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by amending clause (ii) to read as 
                        follows:
                            ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve the 
                        comparison of transportation plans to other 
                        relevant plans and inventories, including, if 
                        available--
                                    ``(I) State and tribal conservation 
                                plans or maps; and
                                    ``(II) inventories of natural or 
                                historic resources.'';
                    (B) in paragraph (3)(B)--
                            (i) by striking ``In carrying out'' and 
                        inserting the following:
                            ``(i) In general.--in carrying out'';
                            (ii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively; and
                            (iii) by adding at the end the following:
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the State shall, 
                        to the maximum extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
                    (C) in paragraph (4)(A) by inserting ``reduce 
                greenhouse gas emissions and'' after ``potential to''; 
                and
                    (D) in paragraph (8) by inserting ``greenhouse gas 
                emissions,'' after ``pollution,'';
            (5) in subsection (g)--
                    (A) in paragraph (1)(A) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (3) by striking ``operators),,'' 
                and inserting ``operators),'';
                    (C) in paragraph (4) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'' each place it appears;
                    (D) in paragraph (5)--
                            (i) in subparagraph (A) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (ii) in subparagraph (B)(ii) by striking 
                        ``metropolitan transportation improvement 
                        program'' and inserting ``TIP'';
                            (iii) in subparagraph (C) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (iv) in subparagraph (E) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (v) in subparagraph (F)(i) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (vi) in subparagraph (G)(ii) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP''; and
                            (vii) in subparagraph (H) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                    (E) in paragraph (6)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``transportation 
                                improvement program'' and inserting 
                                ``STIP''; and
                                    (II) by striking ``and projects 
                                carried out under the bridge program or 
                                the Interstate maintenance program 
                                under this title''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or under the 
                                bridge program or the Interstate 
                                maintenance program'';
                                    (II) by striking ``5310, 5311, 
                                5316, and 5317'' and inserting ``5310 
                                and 5311''; and
                                    (III) by striking ``statewide 
                                transportation improvement program'' 
                                and inserting ``STIP'';
                    (F) in paragraph (7)--
                            (i) in the heading by striking 
                        ``Transportation improvement program'' and 
                        inserting ``STIP''; and
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP'';
                    (G) in paragraph (8) by striking ``statewide 
                transportation plans and programs'' and inserting 
                ``statewide transportation plans and STIPs''; and
                    (H) in paragraph (9) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (6) in subsection (h)(2)(A) by striking ``Not later than 5 
        years after the date of enactment of the MAP-21,'' and 
        inserting ``Not less frequently than once every 4 years,'';
            (7) in subsection (k) by striking ``transportation 
        improvement program'' and inserting ``STIP'' each place it 
        appears; and
            (8) in subsection (m) by striking ``transportation 
        improvement programs'' and inserting ``STIPs''.

SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.

    (a) In General.--Section 150 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following:
            ``(7) Combating climate change.--To reduce carbon dioxide 
        and other greenhouse gas emissions and reduce the climate 
        impacts of the transportation system.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``Not later than 
                18 months after the date of enactment of the MAP-21, 
                the Secretary'' and inserting ``The Secretary''; and
                    (B) by adding at the end the following:
            ``(7) Greenhouse gas emissions.--The Secretary shall 
        establish, in consultation with the Administrator of the 
        Environmental Protection Agency, measures for States to use to 
        assess--
                    ``(A) carbon dioxide emissions per capita on public 
                roads; and
                    ``(B) any other greenhouse gas emissions per capita 
                on public roads that the Secretary determines to be 
                appropriate.'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``Not later than 1 year 
                        after the Secretary has promulgated the final 
                        rulemaking under subsection (c), each'' and 
                        inserting ``Each''; and
                            (ii) by striking ``and (6)'' and inserting 
                        ``(6), and (7)''; and
                    (B) by adding at the end the following:
            ``(3) Regressive targets.--
                    ``(A) In general.--A State may not establish a 
                regressive target for the measures described under 
                paragraph (4) or paragraph (7) of subsection (c).
                    ``(B) Regressive target defined.--In this 
                paragraph, the term `regressive target' means a target 
                that fails to demonstrate constant or improved 
                performance for a particular measure.'';
            (4) in subsection (e)--
                    (A) by striking ``Not later than 4 years after the 
                date of enactment of the MAP-21 and biennially 
                thereafter, a'' and inserting ``A''; and
                    (B) by inserting ``biennial'' after ``the Secretary 
                a''; and
            (5) by adding at the end the following:
    ``(f) Transportation System Access.--
            ``(1) In general.--The Secretary shall establish measures 
        for States and metropolitan planning organizations to use to 
        assess the level of safe, reliable, and convenient 
        transportation system access to--
                    ``(A) employment; and
                    ``(B) services.
            ``(2) Considerations.--The measures established pursuant to 
        paragraph (1) shall include the ability for States and 
        metropolitan planning organizations to assess--
                    ``(A) the change in the level of transportation 
                system access for various modes of travel, including 
                connection to other modes of transportation, that would 
                result from new transportation investments; and
                    ``(B) the level of transportation system access for 
                economically disadvantaged communities, including to 
                affordable housing.
            ``(3) Definition of services.--In this subsection, the term 
        `services' includes healthcare facilities, child care, 
        education and workforce training, food sources, banking and 
        other financial institutions, and other retail shopping 
        establishments.''.
    (b) Metropolitan Transportation Planning.--Section 134 of title 23, 
United States Code, is further amended--
            (1) in subsection (j)(2)(D)--
                    (A) by striking ``Performance Target Achievement'' 
                and inserting ``Performance Management'';
                    (B) by striking ``The TIP'' and inserting the 
                following:
                            ``(i) In general.--The TIP''; and
                    (C) by adding at the end the following:
                            ``(ii) Transportation management areas.--
                        For metropolitan planning areas that represent 
                        an urbanized area designated as a 
                        transportation management area under subsection 
                        (k), the TIP shall include--
                                    ``(I) a discussion of the 
                                anticipated effect of the TIP toward 
                                achieving the performance targets 
                                established in the metropolitan 
                                transportation plan, linking investment 
                                priorities to such performance targets; 
                                and
                                    ``(II) a description of how the TIP 
                                would improve the overall level of 
                                transportation system access, 
                                consistent with section 150(f).'';
            (2) in subsection (k)--
                    (A) in paragraph (3)(A)--
                            (i) by striking ``shall address congestion 
                        management'' and inserting the following: 
                        ``shall address--
                            ``(i) congestion management'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(ii) the overall level of transportation 
                        system access for various modes of travel 
                        within the metropolitan planning area, 
                        including the level of access for economically 
                        disadvantaged communities, consistent with 
                        section 150(f), that is based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, assessing both new 
                        and existing transportation facilities eligible 
                        for funding under this title and chapter 53 of 
                        title 49.''; and
                    (B) in paragraph (5)(B)--
                            (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) the TIP approved under clause (ii) 
                        improves the level of transportation system 
                        access, consistent with section 150(f).''; and
            (3) in subsection (l)(2)--
                    (A) by striking ``5 years after the date of 
                enactment of the MAP-21'' and inserting ``2 years after 
                the date of enactment of the INVEST in America Act, and 
                every 2 years thereafter'';
                    (B) in subparagraph (C) by striking ``and whether 
                metropolitan planning organizations are developing 
                meaningful performance targets; and'' and inserting a 
                semicolon; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) a listing of all metropolitan planning 
                organizations that are establishing performance targets 
                and whether such performance targets established by the 
                metropolitan planning organization are meaningful or 
                regressive (as defined in section 150(d)(3)(B)); and
                    ``(E) the progress of implementing the measure 
                established under section 150(f) and related 
                requirements under this section and section 135.''.
    (c) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(g)(4) of title 23, United States Code, is further amended--
            (1) by striking ``Performance Target Achievement'' and 
        inserting ``Performance Management'';
            (2) by striking ``shall include, to the maximum extent 
        practicable, a discussion'' and inserting the following: 
        ``shall include--
                    ``(A) a discussion'';
            (3) by striking the period at the end and inserting ``; 
        and''; and
            (4) by adding at the end the following:
                    ``(B) a consideration of how the STIP impacts the 
                overall level of transportation system access, 
                consistent with section 150(f).''.
    (d) Effective Date.--The amendment made by subsection (a)(3)(B) 
shall take effect the day before the first day of the subsequent 
performance period established pursuant to section 150 of title 23, 
United States Code.
    (e) Development of Greenhouse Gas Measure.--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 paragraph (7) of section 150(c) of title 23, United States Code, as 
added by this Act.
    (f) Development of Transportation System Access Measure.--
            (1) Establishment.--Not later than 120 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        establish a working group to assess the provisions of 
        paragraphs (1) and (2) of section 150(f) and make 
        recommendations regarding the establishment of measures for 
        States and metropolitan planning organizations to use to assess 
        the level of transportation system access for various modes of 
        travel, consistent with sections 134, 135, and 150(f) of title 
        23, United States Code.
            (2) Members.--The working group established pursuant to 
        paragraph (1) shall include representatives from--
                    (A) the Department of Transportation;
                    (B) State departments of transportation, including 
                representatives that specialize in pedestrian and 
                bicycle safety;
                    (C) metropolitan planning organizations 
                representing transportation management areas (as those 
                terms are defined in section 134 of title 23, United 
                States Code);
                    (D) other metropolitan planning organizations or 
                local governments;
                    (E) providers of public transportation;
                    (F) nonprofit entities related to transportation, 
                including relevant safety groups;
                    (G) experts in the field of transportation access 
                data; and
                    (H) any other stakeholders, as determined by the 
                Secretary.
            (3) Report.--
                    (A) Submission.--Not later than 1 year after the 
                establishment of the working group pursuant to 
                paragraph (1), the working group shall submit to the 
                Secretary a report of recommendations regarding the 
                establishment of measures for States and metropolitan 
                planning organizations to use to assess the level of 
                transportation system access, consistent with sections 
                134, 135, and 150(f) of title 23, United States Code.
                    (B) Publication.--Not later than 30 days after the 
                date on which the Secretary receives the report under 
                subparagraph (A), the Secretary shall publish the 
                report on a publicly accessible website of the 
                Department of Transportation.
            (4) Rulemaking.--Not later than 2 years after the date on 
        which the Secretary receives the report under paragraph (3), 
        the Secretary shall issue such regulations as are necessary to 
        implement the requirements of sections 134, 135, and 150(f) of 
        title 23, United States Code.
            (5) Termination.--The Secretary shall terminate the working 
        group established pursuant to paragraph (1) on the date on 
        which the regulation issued pursuant to paragraph (4) takes 
        effect.
    (g) Transportation System Access Data.--
            (1) In general.--Not later than 90 days after the date on 
        which the Secretary of Transportation establishes the measure 
        required under section 150(f) of title 23, United States Code, 
        the Secretary shall develop or procure eligible transportation 
        system access data sets and analytical tools and make such data 
        sets and analytical tools available to State departments of 
        transportation and metropolitan planning areas that represent 
        transportation management areas.
            (2) Requirements.--An eligible transportation system access 
        data set and analytical tool shall have the following 
        characteristics:
                    (A) The ability to quantify the level of safe, 
                reliable, and convenient transportation system access 
                to--
                            (i) employment;
                            (ii) services; and
                            (iii) connections to other modes of 
                        transportation.
                    (B) The ability to quantify transportation system 
                access for various modes of travel, including--
                            (i) driving;
                            (ii) public transportation;
                            (iii) walking (including conveyance for 
                        persons with disabilities); and
                            (iv) cycling (including micomobility).
                    (C) The ability to disaggregate the level of 
                transportation system access by various transportation 
                modes by a variety of population categories, 
                including--
                            (i) low-income populations;
                            (ii) minority populations;
                            (iii) age;
                            (iv) disability; and
                            (v) geographical location.
                    (D) The ability to assess the change in the level 
                of transportation system access that would result from 
                new transportation investments.
            (3) Consideration.--An eligible transportation system 
        access data set and analytical tool shall take into 
        consideration safe and connected networks for walking, cycling, 
        and persons with disabilities.
    (h) Definitions.--In this section:
            (1) Transportation system access.--The term 
        ``transportation system access'' has the meaning given such 
        term in section 101 of title 23, United States Code.
            (2) Services.--The term ``services'' has the meaning given 
        such term in section 150(f) of title 23, United States Code.

SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.

    (a) Study.--
            (1) In general.--The Secretary of Transportation shall 
        conduct a study on transportation demand data and modeling, 
        including transportation demand forecasting.
            (2) Contents.--In carrying out the study under this 
        section, the Secretary shall--
                    (A) collect observed transportation demand data and 
                transportation demand forecasts from States and 
                metropolitan planning organizations, including data and 
                forecasts on--
                            (i) traffic counts;
                            (ii) transportation mode share and public 
                        transportation ridership; and
                            (iii) vehicle occupancy measures;
                    (B) compare the transportation demand forecasts 
                with the observed transportation demand data gathered 
                under subparagraph (A); and
                    (C) use the information described in subparagraphs 
                (A) and (B) to--
                            (i) develop best practices and guidance for 
                        States and metropolitan planning organizations 
                        to use in forecasting transportation demand for 
                        future investments in transportation 
                        improvements;
                            (ii) evaluate the impact of transportation 
                        investments, including new roadway capacity, on 
                        transportation behavior and transportation 
                        demand, including public transportation 
                        ridership, induced highway transportation, and 
                        congestion;
                            (iii) support more accurate transportation 
                        demand forecasting by States and metropolitan 
                        planning organizations;
                            (iv) enhance the capacity of States and 
                        metropolitan planning organizations to--
                                    (I) forecast transportation demand; 
                                and
                                    (II) track observed transportation 
                                behavior responses, including induced 
                                transportation, to changes in 
                                transportation capacity, pricing, and 
                                land use patterns; and
                            (v) develop transportation demand 
                        management strategies to maximize the 
                        efficiency of the transportation system, 
                        improve mobility, reduce congestion, and lower 
                        vehicle emissions.
            (3) Covered entities.--In carrying out the study under this 
        section, the Secretary shall ensure that data and forecasts 
        described in paragraph (2)(A) are collected from--
                    (A) States;
                    (B) metropolitan planning organizations that serve 
                an area with a population of 200,000 people or fewer; 
                and
                    (C) metropolitan planning organizations that serve 
                an area with a population of over 200,000 people.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report containing 
the findings of the study conducted under subsection (a).
    (c) Secretarial Support.--The Secretary shall seek opportunities to 
support the transportation planning processes under sections 134 and 
135 of title 23, United States Code, through the provision of data to 
States and metropolitan planning organizations to improve the quality 
of transportation plans, models, and demand forecasts.

           Subtitle E--Federal Lands, Tribes, and Territories

SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

    Section 165 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``$158,000,000'' 
                and inserting ``$210,000,000''; and
                    (B) in paragraph (2) by striking ``$42,000,000'' 
                and inserting ``$100,000,000''; and
            (2) in subsection (c)(2) by adding at the end the 
        following:
                    ``(C) TIFIA.--Funds provided under this subsection 
                shall not be considered Federal assistance for purposes 
                of section 603(b)(9), as provided under subparagraph 
                (C) of such section.''.

SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.

    Section 202 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1) by striking ``improving 
                deficient'' and inserting ``the construction and 
                reconstruction of'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by inserting 
                        ``construct,'' after ``project to''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``deficient''; and
                                    (II) by inserting ``in poor 
                                condition'' after ``facility bridges''; 
                                and
                    (C) in paragraph (3)--
                            (i) in the heading by striking ``Eligible 
                        bridges'' and inserting ``Eligibility for 
                        existing bridges'';
                            (ii) by striking ``a bridge'' and inserting 
                        ``an existing bridge''; and
                            (iii) in subparagraph (C) by striking 
                        ``structurally deficient or functionally 
                        obsolete'' and inserting ``in poor condition''; 
                        and
            (2) in subsection (e) by striking ``for eligible projects 
        described in section 148(a)(4).'' and inserting the following: 
        ``for--
                    ``(A) eligible projects described in section 
                148(a)(4);
                    ``(B) projects to promote public awareness and 
                education concerning highway safety matters (including 
                bicycle, all-terrain, motorcyclist, and pedestrian 
                safety); or
                    ``(C) projects to enforce highway safety laws.''.

SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

    (a) Tribal Transportation Program.--Section 202 of title 23, United 
States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Tribal High Priority Projects.--Before making any 
distribution under subsection (b), the Secretary shall set aside 
$50,000,000 from the funds made available under the tribal 
transportation program for each fiscal year to carry out the Tribal 
High Priority Projects program under section 1123 of MAP-21 (23 U.S.C. 
202 note).''.
    (b) Tribal High Priority Projects Program.--Section 1123 of MAP-21 
(23 U.S.C. 202 note) is amended--
            (1) in subsection (a)(1)(C) by striking ``required by that 
        section'' and inserting ``required under such program'';
            (2) in subsection (b)(1) by striking ``use amounts made 
        available under subsection (h) to'';
            (3) in subsection (d)--
                    (A) in paragraph (2) by inserting ``, in 
                consultation with the Secretary of the Interior,'' 
                after ``The Secretary''; and
                    (B) in paragraph (3) by striking ``of the 
                Interior'' each place it appears;
            (4) in subsection (f) by striking ``$1,000,000'' and 
        inserting ``$5,000,000'';
            (5) in subsection (g) by striking ``and the Secretary'' and 
        inserting ``or the Secretary''; and
            (6) by striking subsection (h) and inserting the following:
    ``(h) Administration.--The funds made available to carry out this 
section shall be administered in the same manner as funds made 
available for the Tribal transportation program under section 202 of 
title 23, United States Code.''.

SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.

    Section 203(a) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(6) Transfer for high-commuter corridors.--
                    ``(A) Request.--If the head of a covered agency 
                determines that a high-commuter corridor requires 
                additional investment, based on the criteria described 
                in subparagraph (D), the head of a covered agency, with 
                respect to such corridor, shall submit to the State--
                            ``(i) information on condition of pavements 
                        and bridges;
                            ``(ii) an estimate of the amounts needed to 
                        bring such corridor into a state of good 
                        repair, taking into consideration any planned 
                        future investments; and
                            ``(iii) at the discretion of the head of a 
                        covered agency, a request that the State 
                        transfer to the covered agency, under the 
                        authority of section 132, or to the Federal 
                        Highway Administration, under the authority of 
                        section 104, a portion of such amounts 
                        necessary to address the condition of the 
                        corridor.
                    ``(B) State response.--Not later than 45 days after 
                the date of receipt of the request described in 
                subparagraph (A)(iii), the State shall--
                            ``(i) approve the request;
                            ``(ii) deny the request and explain the 
                        reasons for such denial; or
                            ``(iii) request any additional information 
                        necessary to take action on the request.
                    ``(C) Notification to the secretary.--The head of a 
                covered agency shall provide to the Secretary a copy of 
                any request described under subparagraph (A)(iii) and 
                response described under subparagraph (B).
                    ``(D) Criteria.--In making a determination under 
                subparagraph (A), the head of a covered agency, with 
                respect to the corridor, shall consider--
                            ``(i) the condition of roads, bridges, and 
                        tunnels; and
                            ``(ii) the average annual daily traffic.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Covered agency.--The term `covered 
                        agency' means a Federal agency eligible to 
                        receive funds under this section or section, 
                        section 203, or section 204.
                            ``(ii) High-commuter corridor.--The term 
                        `high-commuter corridor' means a Federal lands 
                        transportation facility that has average annual 
                        daily traffic of not less than 20,000 
                        vehicles.''.

SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:
``Sec. 208. Federal lands and Tribal major projects program
    ``(a) Establishment.--The Secretary shall establish a Federal lands 
and Tribal major projects program (referred to in this section as the 
`program') to provide funding to construct, reconstruct, or 
rehabilitate critical Federal lands and Tribal transportation 
infrastructure.
    ``(b) Eligible Applicants.--
            ``(1) In general.--Except as provided in paragraph (2), 
        entities eligible to receive funds under sections 201, 202, 
        203, and 204 may apply for funding under the program.
            ``(2) Special rule.--A State, county, or unit of local 
        government may only apply for funding under the program if 
        sponsored by an eligible Federal land management agency or 
        Indian Tribe.
    ``(c) Eligible Projects.--An eligible project under the program 
shall be a single continuous project on a Federal lands transportation 
facility, a Federal lands access transportation facility, or a tribal 
transportation facility, except that such facility is not required to 
be included in an inventory described in section 202 or 203, and for 
which--
            ``(1) the project--
                    ``(A) has completed the activities required under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) which has been demonstrated 
                through--
                            ``(i) a record of decision with respect to 
                        the project;
                            ``(ii) a finding that the project has no 
                        significant impact; or
                            ``(iii) a determination that the project is 
                        categorically excluded; or
                    ``(B) is reasonably expected to begin construction 
                not later than 18 months after the date of obligation 
                of funds for the project; and
            ``(2) the project has an estimated cost equal to or 
        exceeding--
                    ``(A) $12,500,000 if it is on a Federal lands 
                transportation facility or a Federal lands access 
                transportation facility; and
                    ``(B) $5,000,000 if it is on a Tribal 
                transportation facility.
    ``(d) Eligible Activities.--Grant amounts received for a project 
under this section may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, and rehabilitation 
        activities.
    ``(e) Applications.--Eligible applicants shall submit to the 
Secretary an application at such time, in such form, and containing 
such information as the Secretary may require.
    ``(f) Project Requirements.--The Secretary may select a project to 
receive funds under the program only if the Secretary determines that 
the project--
            ``(1) improves the condition of critical transportation 
        facilities, including multimodal facilities;
            ``(2) cannot be easily and efficiently completed with 
        amounts made available under section 202, 203, or 204; and
            ``(3) is cost effective.
    ``(g) Merit Criteria.--In making a grant under this section, the 
Secretary shall consider whether the project--
            ``(1) will generate state of good repair, resilience, 
        economic competitiveness, quality of life, mobility, or safety 
        benefits;
            ``(2) in the case of a project on a Federal lands 
        transportation facility or a Federal lands access 
        transportation facility, has costs matched by funds that are 
        not provided under this section or this title; and
            ``(3) generates benefits for land owned by multiple Federal 
        land management agencies or Indian Tribes, or which spans 
        multiple States.
    ``(h) Evaluation and Rating.--To evaluate applications, the 
Secretary shall--
            ``(1) determine whether a project meets the requirements 
        under subsection (f);
            ``(2) evaluate, through a discernable and transparent 
        methodology, how each application addresses one or more merit 
        criteria established under subsection (g);
            ``(3) assign a rating for each merit criteria for each 
        application; and
            ``(4) consider applications only on the basis of such 
        quality ratings and which meet the minimally acceptable level 
        for each of the merit criteria.
    ``(i) Cost Share.--
            ``(1) Federal lands projects.--
                    ``(A) In general.--Notwithstanding section 120, the 
                Federal share of the cost of a project on a Federal 
                lands transportation facility or a Federal lands access 
                transportation facility shall be up to 90 percent.
                    ``(B) Non-federal share.--Notwithstanding any other 
                provision of law, any Federal funds other than those 
                made available under this title or title 49 may be used 
                to pay the non-Federal share of the cost of a project 
                carried out under this section.
            ``(2) Tribal projects.--The Federal share of the cost of a 
        project on a Tribal transportation facility shall be 100 
        percent.
    ``(j) Use of Funds.--For each fiscal year, of the amounts made 
available to carry out this section, not more than 50 percent shall be 
used for eligible projects on Federal lands transportation facilities 
or Federal lands access transportation facilities and Tribal 
transportation facilities, respectively.''.
    (b) Clerical Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 207 the following new item:

``208. Federal lands and Tribal major projects program.''.
    (c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201 note), and 
the item related to such section in the table of contents under section 
1(b) of such Act, are repealed.

SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.

    Section 102 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)--
                    (A) by striking ``6 Assistant'' and inserting ``7 
                Assistant'';
                    (B) in subparagraph (C) by striking ``; and'' and 
                inserting a semicolon;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) an Assistant Secretary for Tribal Government 
                Affairs, who shall be appointed by the President; 
                and''; and
            (2) in subsection (f)--
                    (A) in the heading by striking ``Deputy Assistant 
                Secretary for Tribal Government Affairs'' and inserting 
                ``Office of Tribal Government Affairs''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Establishment.--There is established in the 
        Department an Office of Tribal Government Affairs, under the 
        Assistant Secretary for Tribal Government Affairs, to--
                    ``(A) oversee the Tribal transportation self-
                governance program under section 207 of title 23;
                    ``(B) plan, coordinate, and implement policies and 
                programs serving Indian Tribes and Tribal 
                organizations;
                    ``(C) coordinate Tribal transportation programs and 
                activities in all offices and administrations of the 
                Department;
                    ``(D) provide technical assistance to Indian Tribes 
                and Tribal organizations; and
                    ``(E) be a participant in any negotiated 
                rulemakings relating to, or having an impact on, 
                projects, programs, or funding associated with the 
                Tribal transportation program under section 202 of 
                title 23.''.

SEC. 1507. ALTERNATIVE CONTRACTING METHODS.

    (a) Land Management Agencies and Tribal Governments.--Section 201 
of title 23, United States Code, is amended by adding at the end the 
following:
    ``(f) Alternative Contracting Methods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may use a contracting method available to a 
        State under this title on behalf of--
                    ``(A) a Federal land management agency, with 
                respect to any funds available pursuant to section 203 
                or 204;
                    ``(B) a Federal land management agency, with 
                respect to any funds available pursuant to section 1535 
                of title 31 for any eligible use described in sections 
                203(a)(1) and 204(a)(1) of this title; or
                    ``(C) a Tribal Government, with respect to any 
                funds available pursuant to section 202(b)(7)(D).
            ``(2) Methods described.--The contracting methods referred 
        to in paragraph (1) shall include, at a minimum--
                    ``(A) project bundling;
                    ``(B) bridge bundling;
                    ``(C) design-build contracting;
                    ``(D) 2-phase contracting;
                    ``(E) long-term concession agreements; and
                    ``(F) any method tested, or that could be tested, 
                under an experimental program relating to contracting 
                methods carried out by the Secretary.
            ``(3) Rule of construction.--Nothing in this subsection--
                    ``(A) affects the application of the Federal share 
                for a project carried out with a contracting method 
                under this subsection; or
                    ``(B) modifies the point of obligation of Federal 
                salaries and expenses.''.
    (b) Use of Alternative Contracting Method.--In carrying out the 
amendments made by this section, the Secretary shall--
            (1) in consultation with the applicable Federal land 
        management agencies, establish procedures that are--
                    (A) applicable to each alternative contracting 
                method; and
                    (B) to the maximum extent practicable, consistent 
                with requirements for Federal procurement transactions;
            (2) solicit input on the use of each alternative 
        contracting method from any affected industry prior to using 
        such method; and
            (3) analyze and prepare an evaluation of the use of each 
        alternative contracting method.

SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.

    (a) In General.--The Commissioner of the Bureau of Reclamation may 
transfer ownership of a bridge that is owned by the Bureau of 
Reclamation if--
            (1) the ownership of the bridge is transferred to a State 
        with the concurrence of such State;
            (2) the State to which ownership is transferred agrees to 
        operate and maintain the bridge;
            (3) the transfer of ownership complies with all applicable 
        Federal requirements, including--
                    (A) section 138 of title 23, United States Code;
                    (B) section 306108 of title 54, United States Code; 
                and
                    (C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
            (4) the Bureau of Reclamation and the State to which 
        ownership is being transferred jointly notify the Secretary of 
        Transportation of the intent to conduct a transfer prior to 
        such transfer.
    (b) Access.--In a transfer of ownership of a bridge under this 
section, the Commissioner of the Bureau of Reclamation--
            (1) shall not be required to transfer ownership of the land 
        on which the bridge is located or any adjacent lands; and
            (2) shall make arrangements with the State to which 
        ownership is being transferred to allow for adequate access to 
        such bridge, including for the purposes of construction, 
        maintenance, and bridge inspections pursuant to section 144 of 
        title 23, United States Code.

                   Subtitle F--Additional Provisions

SEC. 1601. TOWARD ZERO DEATHS.

    (a) In General.--A local government, metropolitan planning 
organization, or regional transportation planning organization may 
develop and implement a vision zero plan to significantly reduce or 
eliminate transportation-related fatalities and serious injuries within 
a specified timeframe, not to exceed 20 years.
    (b) Use of Funds.--Amounts apportioned to a State under paragraph 
(2) or (3) of section 104(b) of title 23, United States Code, may be 
used to carry out a vision zero plan under this section.
    (c) Contents of Plan.--A vision zero plan under this section shall 
include--
            (1) a description of projects or policies intended to 
        significantly reduce or eliminate transportation-related 
        fatalities and serious injuries within a specified timeframe, 
        not to exceed 20 years, using existing transportation data and 
        consideration of risk factors;
            (2) plans for implementation of, education of the public 
        about, and enforcement of such projects or policies;
            (3) a description of how such projects or policies, and the 
        enforcement of such projects or policies will--
                    (A) equitably invest in the safety needs of low-
                income and minority communities;
                    (B) ensure that such communities are not 
                disproportionately targeted by law enforcement; and
                    (C) protect the rights of members of such 
                communities with respect to title VI of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
            (4) a description of a mechanism to evaluate progress of 
        the implementation of the plan, including the gathering and use 
        of transportation safety and demographic data.
    (d) Inclusions.--A vision zero plan may include a complete streets 
prioritization plan that identifies a specific list of projects to--
            (1) create a connected network of active transportation 
        facilities, including sidewalks, bikeways, or pedestrian and 
        bicycle trails, to connect communities and provide safe, 
        reliable, affordable, and convenient access to employment, 
        housing, and services, consistent with the goals described in 
        section 150(b) of title 23, United States Code;
            (2) integrate active transportation facilities with public 
        transportation service or improve access to public 
        transportation; and
            (3) improve transportation options for low-income and 
        minority communities.
    (e) Coordination.--A vision zero plan under this section shall 
provide for coordination of various subdivisions of a unit of local 
government in the implementation of the plan, including subdivisions 
responsible for law enforcement, public health, data collection, and 
public works.
    (f) Safety Performance Management.--A vision zero plan under this 
section is not sufficient to demonstrate compliance with the safety 
performance or planning requirements of section 148 or 150 of title 23, 
United States Code.

SEC. 1602. SPEED LIMITS.

    (a) Speed Limits.--The Secretary of Transportation shall revise the 
Manual of Uniform Traffic Control Devices to provide for a safe systems 
approach to setting speed limits, consistent with the safety 
recommendations issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-27 and H-17-028.
    (b) Considerations.--In carrying out subparagraph (A), the 
Secretary shall consider--
            (1) crash statistics;
            (2) road geometry characteristics;
            (3) roadside characteristics;
            (4) traffic volume;
            (5) the possibility and likelihood of human error;
            (6) human injury tolerance;
            (7) the prevalence of vulnerable road users; and
            (8) any other consideration, consistent with a safe system 
        approach, as determined by the Secretary.
    (c) Report on Speed Management Program Plan.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall update and 
report on the implementation progress of the Speed Management Program 
Plan of the Department of Transportation, as described in the safety 
recommendation issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-018.
    (d) Definitions.--In this section, the terms ``safe system 
approach'' and ``vulnerable road user'' have the meanings given such 
terms in section 148(a) of title 23, United States Code.

SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT.

    (a) Definitions.--In this section:
            (1) Appropriate committees.--The term ``appropriate 
        committees'' means--
                    (A) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (C) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (D) the Committee on Environment and Public Works 
                of the Senate;
                    (E) the Committee on Appropriations of the House of 
                Representatives; and
                    (F) the Committee on Appropriations of the Senate.
            (2) Appropriate state agency.--The term ``appropriate State 
        agency'' means a State governmental agency that is recognized 
        by the executive branch of the State as having the experience 
        necessary to evaluate and carry out projects relating to the 
        proper and effective installation and operation of broadband 
        infrastructure.
            (3) Broadband.--The term ``broadband'' has the meaning 
        given the term ``advanced telecommunications capability'' in 
        section 706 of the Telecommunications Act of 1996 (47 U.S.C. 
        1302).
            (4) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any buried, underground, or aerial 
        facility, and any wireless or wireline connection that enables 
        the provision of broadband.
            (5) Broadband infrastructure entity.--The term ``broadband 
        infrastructure entity'' means any entity, including a State or 
        local entity or a public-private partnership (between a State 
        or local entity and a private entity), that--
                    (A) installs, owns, or operates broadband 
                infrastructure; and
                    (B) provides broadband in a manner consistent with 
                the public interest, convenience, and necessity, as 
                determined by the State.
            (6) Dig once requirement.--The term ``dig once 
        requirement'' means a requirement designed to reduce the number 
        and scale of repeated excavations for the installation and 
        maintenance of broadband facilities in rights-of-way.
            (7) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia; and
                    (C) the Commonwealth of Puerto Rico.
    (b) Broadband Infrastructure Deployment.--To facilitate the 
installation of broadband infrastructure, the Secretary of 
Transportation shall, not later than 6 months after the date of 
enactment of this Act, issue regulations to ensure that each State that 
receives funds under chapter 1 of title 23, United States Code, meets 
the following requirements:
            (1) Broadband consultation.--The State department of 
        transportation, in consultation with appropriate State 
        agencies, shall--
                    (A) identify a broadband utility coordinator, who 
                may have additional responsibilities in the State 
                department of transportation or in another State 
                agency, that is responsible for facilitating the 
                broadband infrastructure right-of-way efforts within 
                the State;
                    (B) establish a process for the registration of 
                broadband infrastructure entities that seek to be 
                included in the broadband infrastructure right-of-way 
                facilitation efforts within the State;
                    (C) review existing State broadband plans, 
                including existing dig once requirements of the State 
                or municipal governments within the State, to determine 
                opportunities to coordinate projects occurring within 
                highway rights-of-way with planned broadband 
                infrastructure projects; and
                    (D) establish a process to electronically notify 
                broadband infrastructure entities registered under 
                subparagraph (B)--
                            (i) of the State transportation improvement 
                        program on an annual basis;
                            (ii) of all projects within the highway 
                        right-of-way for which Federal funding is 
                        expected to be obligated in the subsequent 
                        fiscal year; and
                            (iii) any opportunities for coordination 
                        identified by the State under subparagraph (C).
            (2) Priority.--If a State provides for the installation of 
        broadband infrastructure in the right-of-way of an applicable 
        Federal-aid highway project under this subsection, the State 
        department of transportation, along with appropriate State 
        agencies, shall carry out any appropriate measures to ensure 
        that any existing broadband infrastructure entities are not 
        disadvantaged, as compared to other broadband infrastructure 
        entities, with respect to the program under this subsection.
            (3) Effect of subsection.--This subsection shall apply only 
        to activities for which Federal obligations or expenditures are 
        initially approved on or after the date regulations required 
        under this subsection become effective. Nothing in this section 
        establishes a mandate or requirement that a State install or 
        allow the installation of broadband infrastructure in a highway 
        right-of-way. Nothing in this section authorizes the Secretary 
        of Transportation to withhold or reserve funds or approval of a 
        project under title 23, United States Code.
    (c) Dig Once Funding Task Force.--
            (1) Establishment.--There is established an independent 
        task force on funding for dig once to be known as the ``Dig 
        Once Funding Task Force'' (hereinafter referred to as the 
        ``Task Force'').
            (2) Duties.--The duties of the Task Force shall be to--
                    (A) estimate the annual cost for a nationwide dig 
                once requirement; and
                    (B) propose and evaluate options for funding a 
                nationwide dig once requirement that includes--
                            (i) a discussion of the role of--
                                    (I) the Federal Government;
                                    (II) State, local, and Tribal 
                                governments; and
                                    (III) broadband infrastructure 
                                entities; and
                            (ii) consideration of the role of existing 
                        dig once requirements of State, local, and 
                        Tribal governments, ensuring the expansion of 
                        such requirements are not disincentivized.
            (3) Reports.--
                    (A) Interim report and briefing.--Not later than 6 
                months after the date of enactment of this Act, the 
                Task Force shall submit to Congress an interim report 
                and provide for the appropriate committees briefings on 
                the findings of the Task Force.
                    (B) Final report.--Not later than 9 months after 
                the date of enactment of this Act, the Task Force shall 
                submit to Congress a final report on the findings of 
                the Task Force.
            (4) Compositions and membership.--
                    (A) Membership.--The Task Force shall consist of 14 
                members, consisting of--
                            (i) the 2 cochairs described in 
                        subparagraph (B); and
                            (ii) 1 member appointed by each of the 
                        Chairs and Ranking Members of the appropriate 
                        committees.
                    (B) Cochairs.--The Task Force shall be cochaired 
                by--
                            (i) the Secretary of Transportation; and
                            (ii) the Assistant Secretary of Commerce 
                        for Communications and Information.
                    (C) Appointment deadline.--Members shall be 
                appointed to the Task Force not later than 60 days 
                after the date of enactment of this Act.
                    (D) Effect of lack of appointment by appointment 
                date.--If 1 or more appointments required under 
                subparagraph (A) is not made by the appointment date 
                specified in subparagraph (C), the authority to make 
                such appointment or appointments shall expire and the 
                number of members of the Commission shall be reduced by 
                the number equal to the number of appointments so 
                expired.
                    (E) Terms.--Members shall be appointed for the life 
                of the Task Force. A vacancy in the Task Force shall 
                not affect its powers and shall be filled in the same 
                manner as the initial appointment was made.
            (5) Consultations.--In carrying out the duties required 
        under this subsection, the Task Force shall consult, at a 
        minimum--
                    (A) the Federal Communications Commission;
                    (B) agencies of States including--
                            (i) State departments of transportation; 
                        and
                            (ii) appropriate State agencies;
                    (C) agencies of local and Tribal governments 
                responsible for--
                            (i) transportation and rights-of-way; and
                            (iii) broadband access (including agencies, 
                        subdivisions, or affiliated organizations that 
                        act as broadband infrastructure entities); and
                    (D) broadband infrastructure entities and other 
                telecommunications providers.
            (6) Termination.--The Task Force shall terminate not later 
        than 90 days after issuance of the final report required under 
        paragraph (3)(B).

SEC. 1604. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.

    Any funds made available to a State for the Appalachian development 
highway system program under subtitle IV of title 40, United States 
Code, before the date of enactment of this Act may be used, at the 
request of such State to the Secretary of Transportation, for the 
purposes described in section 133(b) of title 23, United States Code.

SEC. 1605. STORMWATER BEST MANAGEMENT PRACTICES.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation and the 
        Administrator shall seek to enter into an agreement with the 
        Transportation Research Board of the National Academy of 
        Sciences to under which the Transportation Research Board shall 
        conduct a study--
                    (A) to estimate pollutant loads from stormwater 
                runoff from highways and pedestrian facilities eligible 
                for assistance under title 23, United States Code, to 
                inform the development of appropriate total maximum 
                daily load requirements;
                    (B) to provide recommendations (including 
                recommended revisions to existing laws and regulations) 
                regarding the evaluation and selection by State 
                departments of transportation of potential stormwater 
                management and total maximum daily load compliance 
                strategies within a watershed, including environmental 
                restoration and pollution abatement carried out under 
                section 328 of title 23, United States Code;
                    (C) to examine the potential for the Secretary to 
                assist State departments of transportation in carrying 
                out and communicating stormwater management practices 
                for highways and pedestrian facilities that are 
                eligible for assistance under title 23, United States 
                Code, through information-sharing agreements, database 
                assistance, or an administrative platform to provide 
                the information described in subparagraphs (A) and (B) 
                to entities issued permits under the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.); and
                    (D) to examine the benefit of concentrating 
                stormwater retrofits in impaired watersheds and 
                selecting such retrofits according to a process that 
                depends on a watershed management plan developed in 
                accordance with section 319 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1329).
            (2) Requirements.--In conducting the study under the 
        agreement entered into pursuant to paragraph (1), the 
        Transportation Research Board shall--
                    (A) review and supplement, as appropriate, the 
                methodologies examined and recommended in the 2019 
                report of the National Academies of Sciences, 
                Engineering, and Medicine titled ``Approaches for 
                Determining and Complying with TMDL Requirements 
                Related to Roadway Stormwater Runoff'';
                    (B) consult with--
                            (i) the Secretary of Transportation;
                            (ii) the Administrator;
                            (iii) the Secretary of the Army, acting 
                        through the Chief of Engineers; and
                            (iv) State departments of Transportation; 
                        and
                    (C) solicit input from--
                            (i) stakeholders with experience in 
                        implementing stormwater management practices 
                        for projects; and
                            (ii) educational and technical stormwater 
                        management groups.
            (3) Report.--In carrying out the agreement entered into 
        pursuant to paragraph (1), not later than 18 months after the 
        date of enactment of this Act, the Transportation Research 
        Board shall submit to the Secretary of Transportation, the 
        Administrator, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on Environment and Public Works of the Senate a 
        report describing the results of the study.
    (b) Stormwater Best Management Practices Reports.--
            (1) Reissuance.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        update and reissue the best management practices reports to 
        reflect new information and advancements in stormwater 
        management.
            (2) Updates.--Not less frequently than once every 5 years 
        after the date on which the Secretary reissues the best 
        management practices reports under paragraph (1), the Secretary 
        shall update and reissue the best management practices reports, 
        unless the contents of the best management practices reports 
        have been incorporated (including by reference) into applicable 
        regulations of the Secretary.
    (c) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Best management practices reports.--The term ``best 
        management practices reports'' means--
                    (A) the 2014 report sponsored by the Department of 
                Transportation titled ``Determining the State of the 
                Practice in Data Collection and Performance Measurement 
                of Stormwater Best Management Practices'' (FHWA-HEP-16-
                021); and
                    (B) the 2000 report sponsored by the Department of 
                Transportation titled ``Stormwater Best Management 
                Practices in an Ultra-Urban Setting: Selection and 
                Monitoring''.
            (3) Total maximum daily load.--The term ``total maximum 
        daily load'' has the meaning given such term in section 130.2 
        of title 40, Code of Federal Regulations (or successor 
        regulations).

SEC. 1606. PEDESTRIAN RIGHT-OF-WAY.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Architectural and Transportation Barriers Compliance 
Board established under section 502(a)(1) of the Rehabilitation Act of 
1973 (29 U.S.C. 792), in consultation with the Secretary of 
Transportation, shall establish guidelines setting forth minimum 
standards for pedestrian facilities in the public right-of-way.
    (b) Content of Guidance.--The guidelines described in subsection 
(a) shall be substantially similar to--
            (1) the notice of proposed rulemaking published on July 26, 
        2011, titled ``Accessibility Guidelines for Pedestrian 
        Facilities in the Public Right-of-Way'' (76 Fed. Reg. 44664); 
        and
            (2) the supplemental notice of proposed rulemaking 
        published on February 13, 2013, titled ``Accessibility 
        Guidelines for Pedestrian Facilities in the Public Right-of-
        Way; Shared Use Paths'' (78 Fed. Reg. 10110).
    (c) Adoption of Regulations.--Not later than 180 days after the 
establishment of the guidelines pursuant to subsection (a), the 
Secretary shall issue such regulations as are necessary to adopt such 
guidelines.

SEC. 1607. HIGHWAY FORMULA MODERNIZATION REPORT.

    (a) Highway Formula Modernization Study.--
            (1) In general.--The Secretary of Transportation, in 
        consultation with the American Association of State 
        Transportation Officials and representatives of local 
        governments (including metropolitan planning organizations), 
        shall conduct a highway formula modernization study to assess 
        the method and data used to apportion Federal-aid highway funds 
        under section 104(c) of title 23, United States Code, and issue 
        recommendations on such method and data.
            (2) Assessment.--The highway formula modernization study 
        required under paragraph (1) shall include an assessment of, 
        based on the latest available data, whether the apportionment 
        method under such section results in--
                    (A) an equitable distribution of funds based on the 
                estimated tax payments attributable to--
                            (i) highway users in the State that are 
                        paid into the Highway Trust Fund; and
                            (ii) individuals in the State that are paid 
                        to the Treasury, based on contributions to the 
                        Highway Trust Fund from the general fund of the 
                        Treasury; and
                    (B) the achievement of the goals described in 
                section 101(b)(3) of title 23, United States Code.
            (3) Considerations.--In carrying out the assessment under 
        paragraph (2), the Secretary shall consider the following:
                    (A) The factors described in sections 104(b), 
                104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, 
                United States Code, as in effect on the date of 
                enactment of SAFETEA-LU (Public Law 109-59).
                    (B) The availability and accuracy of data necessary 
                to calculate formula apportionments under the factors 
                described in subparagraph (A).
                    (C) The measures established under section 150 of 
                title 23, United States Code, and whether such measures 
                are appropriate for consideration as formula 
                apportionment factors.
                    (D) The results of the CMAQ formula modernization 
                study required under subsection (b).
                    (E) Any other factors that the Secretary determines 
                are appropriate.
            (4) Recommendations.--The Secretary shall, in consultation 
        with the American Association of State Transportation Officials 
        and representatives of local governments (including 
        metropolitan planning organizations), develop recommendations 
        on a new apportionment method, including--
                    (A) the factors recommended to be included in such 
                apportionment method;
                    (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                    (C) any other recommendations to ensure that the 
                apportionment method best achieves an equitable 
                distribution of funds described under paragraph (2)(A) 
                and the goals described in paragraph (2)(B).
    (b) CMAQ Formula Modernization Study.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, shall conduct an CMAQ formula modernization 
        study to assess whether the apportionment method under section 
        104(b)(4) of title 23, United States Code, results in a 
        distribution of funds that best achieves the air quality goals 
        of section 149 of such title.
            (2) Considerations.--In providing consultation under this 
        subsection, the Administrator shall provide to the Secretary an 
        analysis of--
                    (A) factors that contribute to the apportionment, 
                including population, types of pollutants, and severity 
                of pollutants;
                    (B) the weighting of the factors listed under 
                subparagraph (A); and
                    (C) the recency of the data used in making the 
                apportionment under section 104(b)(4) of title 23, 
                United States Code.
            (3) Recommendations.--If, in conducting the study under 
        this subsection, the Secretary finds that modifying the 
        apportionment method under section 104(b)(4) of title 23, 
        United States Code, would best achieve the air quality goals of 
        section 149 of title 23, United States Code, the Secretary 
        shall, in consultation with the Administrator, include in such 
        study recommendations for a new apportionment method, 
        including--
                    (A) the factors recommended to be included in such 
                apportionment method;
                    (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                    (C) any other recommendations to ensure that the 
                apportionment method best achieves the air quality 
                goals section 149 of such title.
    (c) Report.--No later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report containing the 
results of the highway formula modernization study and the CMAQ formula 
modification study.

SEC. 1608. CONSOLIDATION OF PROGRAMS.

    Section 1519 of MAP-21 (Public Law 112-141) is amended--
            (1) in subsection (a)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2022 through 2025''; and
                    (B) by striking ``$3,500,000'' and inserting 
                ``$4,000,000'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Federal Share.--The Federal share of the cost of a project or 
activity carried out under subsection (a) shall be 100 percent.''.

SEC. 1609. STUDENT OUTREACH REPORT TO CONGRESS.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate a 
report that describes the efforts of the Department of Transportation 
to encourage elementary, secondary, and post-secondary students to 
pursue careers in the surface transportation sector.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) a description of efforts to increase awareness of 
        careers related to surface transportation among elementary, 
        secondary, and post-secondary students;
            (2) a description of efforts to prepare and inspire such 
        students for surface transportation careers;
            (3) a description of efforts to support the development of 
        a diverse, well-qualified workforce for future surface 
        transportation needs; and
            (4) the effectiveness of the efforts described in 
        paragraphs (1) through (3).

SEC. 1610. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE 
              TRANSPORTATION WORKFORCE.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish a task 
force on developing a 21st century surface transportation workforce (in 
this section referred to as the ``Task Force'').
    (b) Duties.--Not later than 12 months after the establishment of 
the Task Force under subsection (a), the Task Force shall develop and 
submit to the Secretary recommendations and strategies for the 
Department of Transportation to--
            (1) evaluate the current and future state of the surface 
        transportation workforce, including projected job needs in the 
        surface transportation sector;
            (2) identify factors influencing individuals pursuing 
        careers in surface transportation, including barriers to 
        attracting individuals into the workforce;
            (3) address barriers to retaining individuals in surface 
        transportation careers;
            (4) identify and address potential impacts of emerging 
        technologies on the surface transportation workforce;
            (5) increase access for vulnerable or underrepresented 
        populations, especially women and minorities, to high-skill, 
        in-demand surface transportation careers;
            (6) facilitate and encourage elementary, secondary, and 
        post-secondary students in the United States to pursue careers 
        in the surface transportation sector; and
            (7) identify and develop pathways for students and 
        individuals to secure pre-apprenticeships, registered 
        apprenticeships, and other work-based learning opportunities in 
        the surface transportation sector of the United States.
    (c) Considerations.--In developing recommendations and strategies 
under subsection (b), the Task Force shall--
            (1) identify factors that influence whether young people 
        pursue careers in surface transportation, especially 
        traditionally underrepresented populations, including women and 
        minorities;
            (2) consider how the Department, businesses, industry, 
        labor, educators, and other stakeholders can coordinate efforts 
        to support qualified individuals in pursuing careers in the 
        surface transportation sector;
            (3) identify methods of enhancing surface transportation 
        pre-apprenticeships and registered apprenticeships, job skills 
        training, mentorship, education, and outreach programs that are 
        exclusive to youth in the United States; and
            (4) identify potential sources of funding, including grants 
        and scholarships, that may be used to support youth and other 
        qualified individuals in pursuing careers in the surface 
        transportation sector.
    (d) Consultation.--In developing the recommendations and strategies 
required under subsection (b), the Task Force may consult with--
            (1) local educational agencies and institutes of higher 
        education, including community colleges and vocational schools; 
        and
            (2) State workforce development boards.
    (e) Report.--Not later than 60 days after the submission of the 
recommendations and strategies under subsection (b), the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report containing such recommendations and 
strategies.
    (f) Composition of Task Force.--The Secretary shall appoint members 
to the Task Force whose diverse background and expertise allow such 
members to contribute balanced points of view and ideas in carrying out 
this section, comprised of equal representation from each of the 
following:
            (1) Industries in the surface transportation sector.
            (2) Surface transportation sector labor organizations.
            (3) Such other surface transportation stakeholders and 
        experts as the Secretary considers appropriate.
    (g) Period of Appointment.--Members shall be appointed to the Task 
Force for the duration of the existence of the Task Force.
    (h) Compensation.--Task Force members shall serve without 
compensation.
    (i) Sunset.--The Task Force shall terminate upon the submission of 
the report required under subsection (e).
    (j) Definitions.--In this section:
            (1) Pre-apprenticeship.--The term ``pre-apprenticeship'' 
        means a training model or program that prepares individuals for 
        acceptance into a registered apprenticeship and has a 
        demonstrated partnership with 1 or more registered 
        apprenticeships.
            (2) Registered apprenticeship.--The term ``registered 
        apprenticeship'' means an apprenticeship program registered 
        under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
        commonly known as the ``National Apprenticeship Act''), that 
        satisfies the requirements of parts 29 and 30 of title 29, Code 
        of Federal Regulations (as in effect on January 1, 2020).

SEC. 1611. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.

    Section 140(b) of title 23, United States Code, is amended to read 
as follows:
    ``(b) Workforce Training and Development.--
            ``(1) In general.--The Secretary, in cooperation with the 
        Secretary of Labor and any other department or agency of the 
        Government, State agency, authority, association, institution, 
        Indian Tribal government, corporation (profit or nonprofit), or 
        any other organization or person, is authorized to develop, 
        conduct, and administer surface transportation and technology 
        training, including skill improvement programs, and to develop 
        and fund summer transportation institutes.
            ``(2) State responsibilities.--A State department of 
        transportation participating in the program under this 
        subsection shall--
                    ``(A) develop an annual workforce plan that 
                identifies immediate and anticipated workforce gaps and 
                underrepresentation of women and minorities and a 
                detailed plan to fill such gaps and address such 
                underrepresentation;
                    ``(B) establish an annual workforce development 
                compact with the State workforce development board and 
                appropriate agencies to provide a coordinated approach 
                to workforce training, job placement, and 
                identification of training and skill development 
                program needs, which shall be coordinated to the extent 
                practical with an institution or agency, such as a 
                State workforce development board under section 101 of 
                the Workforce Innovation and Opportunities Act (29 
                U.S.C. 3111), that has established skills training, 
                recruitment, and placement resources; and
                    ``(C) demonstrate program outcomes, including--
                            ``(i) impact on areas with transportation 
                        workforce shortages;
                            ``(ii) diversity of training participants;
                            ``(iii) number and percentage of 
                        participants obtaining certifications or 
                        credentials required for specific types of 
                        employment;
                            ``(iv) employment outcome, including job 
                        placement and job retention rates and earnings, 
                        using performance metrics established in 
                        consultation with the Secretary of Labor and 
                        consistent with metrics used by programs under 
                        the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3101 et seq.); and
                            ``(v) to the extent practical, evidence 
                        that the program did not preclude workers that 
                        participate in training or registered 
                        apprenticeship activities under the program 
                        from being referred to, or hired on, projects 
                        funded under this chapter.
            ``(3) Funding.--From administrative funds made available 
        under section 104(a), the Secretary shall deduct such sums as 
        necessary, not to exceed $10,000,000 in each fiscal year, for 
        the administration of this subsection. Such sums shall remain 
        available until expended.
            ``(4) Nonapplicability of title 41.--Subsections (b) 
        through (d) of section 6101 of title 41 shall not apply to 
        contracts and agreements made under the authority granted to 
        the Secretary under this subsection.
            ``(5) Use of surface transportation and national highway 
        performance program funds.--Notwithstanding any other provision 
        of law, not to exceed \1/2\ of 1 percent of funds apportioned 
        to a State under paragraph (1) or (2) of section 104 may be 
        available to carry out this subsection upon request of the 
        State transportation department to the Secretary.''.

SEC. 1612. WORK ZONE SAFETY.

    Section 504(e)(1) of title 23, United States Code, is amended--
            (1) by redesignating subparagraphs (F) and (G) as 
        subparagraphs (G) and (H), respectively; and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) tuition and direct educational expenses or 
                other costs of instruction related to the work zone 
                safety training and certification of employees of State 
                and local transportation agencies and surface 
                transportation construction workers;''.

SEC. 1613. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.

    Section 504 of title 23, United States Code, is amended--
            (1) in subsection (e)(1) by inserting ``and (8) through 
        (9)'' after ``paragraphs (1) through (4)''; and
            (2) in subsection (f) by adding at the end the following:
            ``(4) Reports.--The Secretary shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate an annual report that includes--
                    ``(A) a list of all grant recipients under this 
                subsection;
                    ``(B) an explanation of why each recipient was 
                chosen in accordance with the criteria under paragraph 
                (2);
                    ``(C) a summary of each recipient's objective to 
                carry out the purpose described in paragraph (1) and an 
                analysis of progress made toward achieving each such 
                objective;
                    ``(D) an accounting for the use of Federal funds 
                obligated or expended in carrying out this subsection; 
                and
                    ``(E) an analysis of outcomes of the program under 
                this subsection.''.

SEC. 1614. WORKING GROUP ON CONSTRUCTION RESOURCES.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a working group (in this section referred to as the ``Working Group'') 
to conduct a study on access to covered resources for infrastructure 
projects.
    (b) Membership.--
            (1) Appointment.--The Secretary shall appoint to the 
        Working Group individuals with knowledge and expertise in the 
        production and transportation of covered resources.
            (2) Representation.--The Working Group shall include at 
        least 1 representative of each of the following:
                    (A) State departments of transportation.
                    (B) State agencies associated with covered 
                resources protection.
                    (C) State planning and geologic survey and mapping 
                agencies.
                    (D) Commercial motor vehicle operators, including 
                small business operators and operators who transport 
                covered resources.
                    (E) Covered resources producers.
                    (F) Construction contractors.
                    (G) Metropolitan planning organizations and 
                regional planning organizations.
                    (H) Indian Tribes, including Tribal elected 
                leadership or Tribal transportation officials.
                    (I) Any other stakeholders that the Secretary 
                determines appropriate.
            (3) Termination.--The Working Group shall terminate 6 
        months after the date on which the Secretary receives the 
        report under subsection (e)(1).
    (c) Duties.--In carrying out the study required under subsection 
(a), the Working Group shall analyze--
            (1) the use of covered resources in transportation projects 
        funded with Federal dollars;
            (2) how the proximity of covered resources to such projects 
        affects the cost and environmental impact of such projects;
            (3) whether and how State, Tribal, and local transportation 
        and planning agencies consider covered resources when 
        developing transportation projects; and
            (4) any challenges for transportation project sponsors 
        regarding access and proximity to covered resources.
    (d) Consultation.--In carrying out the study required under 
subsection (a), the Working Group shall consult with, as appropriate--
            (1) chief executive officers of States;
            (2) State, Tribal, and local transportation and planning 
        agencies;
            (3) other relevant State, Tribal, and local agencies, 
        including State agencies associated with covered resources 
        protection;
            (4) members of the public with industry experience with 
        respect to covered resources;
            (5) other Federal entities that provide funding for 
        transportation projects; and
            (6) any other stakeholder the Working Group determines 
        appropriate.
    (e) Reports.--
            (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                    (A) the findings of the study required under 
                subsection (a), including a summary of comments 
                received during the consultation process under 
                subsection (d); and
                    (B) any recommendations to preserve access to and 
                reduce the costs and environmental impacts of covered 
                resources for infrastructure projects.
            (2) Departmental report.--Not later than 3 months after the 
        date on which the Secretary receives the report under paragraph 
        (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a summary of the findings under such report 
        and any recommendations, as appropriate.
    (f) Definitions.--In this section:
            (1) Covered resources.--The term ``covered resources'' 
        means common variety materials used in transportation 
        infrastructure construction and maintenance, including stone, 
        sand, and gravel.
            (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory or 
        possession of the United States.

                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

SEC. 2101. AUTHORIZATIONS.

    (a) In General.--Section 5338 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5338. Authorizations
    ``(a) Grants.--
            ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 
        5335, 5337, 5339, and 5340--
                    ``(A) $16,185,800,000 for fiscal year 2022;
                    ``(B) $16,437,600,000 for fiscal year 2023;
                    ``(C) $16,700,600,000 for fiscal year 2024; and
                    ``(D) $16,963,600,000 for fiscal year 2025.
            ``(2) Allocation of funds.--Of the amounts made available 
        under paragraph (1)--
                    ``(A) $189,879,151 for fiscal year 2022, 
                $192,841,266 for fiscal year 2023, $195,926,726 for 
                fiscal year 2024, and $199,002,776 for fiscal year 
                2025, shall be available to carry out section 5305;
                    ``(B) $7,505,830,848 for fiscal year 2022, 
                $7,622,921,809 for fiscal year 2023, $7,744,888,558 for 
                fiscal year 2024, and $7,866,483,309 for fiscal year 
                2025 shall be allocated in accordance with section 5336 
                to provide financial assistance for urbanized areas 
                under section 5307;
                    ``(C) $101,510,000 for fiscal year 2022, 
                $103,093,556 for fiscal year 2023, $104,743,053 for 
                fiscal year 2024, and $106,387,519 for fiscal year 2025 
                shall be available for grants under section 5308;
                    ``(D) $434,830,298 for fiscal year 2022, 
                $441,613,651 for fiscal year 2023, $448,679,469 for 
                fiscal year 2024, and $455,723,737 for fiscal year 2025 
                shall be available to carry out section 5310, of which 
                not less than--
                            ``(i) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5310(j); and
                            ``(ii) $20,302,000 for fiscal year 2022, 
                        $20,618,711 for fiscal year 2023, $20,948,611 
                        for fiscal year 2024, and $21,277,504 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5310(k);
                    ``(E) $1,025,199,724 for fiscal year 2022, 
                $1,041,192,839 for fiscal year 2023, $1,057,851,925 for 
                fiscal year 2024, and $1,074,460,200 for fiscal year 
                2025 shall be available to carry out section 5311, of 
                which not less than--
                            ``(i) $45,679,500 for fiscal year 2022, 
                        $46,392,100 for fiscal year 2023, $47,134,374 
                        for fiscal year 2024, and $47,874,383 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5311(c)(1); and
                            ``(ii) $50,755,000 for fiscal year 2022, 
                        $51,546,778 for fiscal year 2023, $52,371,526 
                        for fiscal year 2024, and $53,193,759 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5311(c)(2);
                    ``(F) $33,498,300 for fiscal year 2022, $34,020,873 
                for fiscal year 2023, $34,565,207 for fiscal year 2024, 
                and $35,107,881 for fiscal year 2025 shall be available 
                to carry out section 5312, of which not less than--
                            ``(i) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out each 
                        of sections 5312(d)(3), 5312(d)(4) and 5312(j);
                            ``(ii) $3,045,300 for fiscal year 2022, 
                        $3,092,807 for fiscal year 2023, $3,142,292 for 
                        fiscal year 2024, and $3,191,626 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5312(h); and
                            ``(iii) $10,151,000 for fiscal year 2022, 
                        $10,309,356 for fiscal year 2023, $10,474,305 
                        for fiscal year 2024, and $10,638,752 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5312(i);
                    ``(G) $23,347,300 for fiscal year 2022, $23,711,518 
                for fiscal year 2023, $24,090,902 for fiscal year 2024, 
                and $24,469,129 for fiscal year 2025 shall be available 
                to carry out section 5314, of which not less than--
                            ``(i) $4,060,400 for fiscal year 2022, 
                        $4,123,742 for fiscal year 2023, $4,189,722 for 
                        fiscal year 2024, and $4,255,501 for fiscal 
                        year 2025 shall be available to carry out 
                        section of 5314(a);
                            ``(ii) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5314(c); and
                            ``(iii) $12,181,200 for fiscal year 2022, 
                        $12,371,227 for fiscal year 2023, $12,569,166 
                        for fiscal year 2024, and $12,766,502 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5314(b)(2);
                    ``(H) $5,075,500 for fiscal year 2022, $5,154,678 
                for fiscal year 2023, $5,237,153 for fiscal year 2024, 
                and $5,319,376 for fiscal year 2025 shall be available 
                to carry out section 5318;
                    ``(I) $30,453,000 for fiscal year 2022, $30,928,067 
                for fiscal year 2023, $31,422,916 for fiscal year 2024, 
                and $31,916,256 for fiscal year 2025 shall be available 
                to carry out section 5328, of which not less than--
                            ``(i) $25,377,500 for fiscal year 2022, 
                        $25,773,389 for fiscal year 2023, $26,185,763 
                        for fiscal year 2024, and $26,596,880 for 
                        fiscal year 2025 shall be available to carry 
                        out section of 5328(b); and
                            ``(ii) $2,537,750 for fiscal year 2022, 
                        $2,577,339 for fiscal year 2023, $2,618,576 for 
                        fiscal year 2024, and $2,659,688 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5328(c);
                    ``(J) $4,060,400 for fiscal year 2022, $4,123,742 
                for fiscal year 2023, $4,189,722 for fiscal year 2024, 
                and $4,255,501 for fiscal year 2025 shall be available 
                to carry out section 5335;
                    ``(K) $4,192,573,361 for fiscal year 2022, 
                $4,266,448,314 for fiscal year 2023, $4,344,093,870 for 
                fiscal year 2024, and $4,422,314,724 for fiscal year 
                2025 shall be available to carry out section 5337;
                    ``(L) to carry out the bus formula program under 
                section 5339(a)--
                            ``(i) $1,240,328,213 for fiscal year 2022, 
                        $1,259,667,334 for fiscal year 2023, 
                        $1,279,832,171 for fiscal year 2024, and 
                        $1,299,925,536 for fiscal year 2025; except 
                        that
                            ``(ii) 15 percent of the amounts under 
                        clause (i) shall be available to carry out 
                        5339(d);
                    ``(M) $437,080,000 for fiscal year 2022, 
                $424,748,448 for fiscal year 2023, $387,944,423 for 
                fiscal year 2024, and $351,100,151 for fiscal year 2025 
                shall be available to carry out section 5339(b);
                    ``(N) $375,000,000 for fiscal year 2022, 
                $400,000,000 for fiscal year 2023, $450,000,000 for 
                fiscal year 2024, and $500,000,000 for fiscal year 2025 
                shall be available to carry out section 5339(c); and
                    ``(O) $587,133,905 for each of fiscal years 2022 
                through 2025 shall be available to carry out section 
                5340 to provide financial assistance for urbanized 
                areas under section 5307 and rural areas under section 
                5311, of which--
                            ``(i) $309,688,908 for each of fiscal years 
                        2022 through 2025 shall be for growing States 
                        under section 5340(c); and
                            ``(ii) $277,444,997 for each of fiscal 
                        years 2022 through 2025 shall be for high 
                        density States under section 5340(d).
    ``(b) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309 $3,500,000,000 for fiscal year 
2022, $4,250,000,000 for fiscal year 2023, $5,000,000,000 for fiscal 
year 2024, and 5,500,000,000 for fiscal year 2025.
    ``(c) Administration.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out section 5334, $142,060,785 for fiscal year 2022, 
        $144,191,696 for fiscal year 2023, $146,412,248 for fiscal year 
        2024, and 148,652,356 for fiscal year 2025.
            ``(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than $6,000,000 for 
        each of fiscal years 2022 through 2025 shall be available to 
        carry out section 5329.
            ``(3) Section 5326.--Of the amounts made available under 
        paragraph (2), not less than $2,500,000 for each of fiscal 
        years 2022 through 2025 shall be available to carry out section 
        5326.
    ``(d) Oversight.--
            ``(1) In general.--Of the amounts made available to carry 
        out this chapter for a fiscal year, the Secretary may use not 
        more than the following amounts for the activities described in 
        paragraph (2):
                    ``(A) 0.5 percent of amounts made available to 
                carry out section 5305.
                    ``(B) 0.75 percent of amounts made available to 
                carry out section 5307.
                    ``(C) 1 percent of amounts made available to carry 
                out section 5309.
                    ``(D) 1 percent of amounts made available to carry 
                out section 601 of the Passenger Rail Investment and 
                Improvement Act of 2008 (Public Law 110-432; 126 Stat. 
                4968).
                    ``(E) 0.5 percent of amounts made available to 
                carry out section 5310.
                    ``(F) 0.5 percent of amounts made available to 
                carry out section 5311.
                    ``(G) 1 percent of amounts made available to carry 
                out section 5337, of which not less than 25 percent of 
                such amounts shall be available to carry out section 
                5329 and of which not less than 10 percent of such 
                amounts shall be made available to carry out section 
                5320.
                    ``(H) 1 percent of amounts made available to carry 
                out section 5339 of which not less than 10 percent of 
                such amounts shall be made available to carry out 
                section 5320.
            ``(2) Activities.--The activities described in this 
        paragraph are as follows:
                    ``(A) Activities to oversee the construction of a 
                major capital project.
                    ``(B) Activities to review and audit the safety and 
                security, procurement, management, and financial 
                compliance of a recipient or subrecipient of funds 
                under this chapter.
                    ``(C) Activities to provide technical assistance 
                generally, and to provide technical assistance to 
                correct deficiencies identified in compliance reviews 
                and audits carried out under this section.
            ``(3) Government share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection/activities described in paragraph (2).
            ``(4) Availability of certain funds.--Funds made available 
        under paragraph (1)(C) shall be made available to the Secretary 
        before allocating the funds appropriated to carry out any 
        project under a full funding grant agreement.
    ``(e) Grants as Contractual Obligations.--
            ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Mass Transit Account of the 
        Highway Trust Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Government share of the 
        cost of the project.
            ``(2) Grants financed from general fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts appropriated in advance from the general fund of the 
        Treasury pursuant to this section is a contractual obligation 
        of the Government to pay the Government share of the cost of 
        the project only to the extent that amounts are appropriated 
        for such purpose by an Act of Congress.
    ``(f) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.''.
    (b) Conforming Amendments.--
            (1) Section 5311 of title 49, United States Code, is 
        amended by striking ``5338(a)(2)(F)'' and inserting 
        ``5338(a)(2)(E)''.
            (2) Section 5312(i)(1) of title 49, United States Code, is 
        amended by striking ``5338(a)(2)(G)(ii)'' and inserting 
        ``5338(a)(2)(F)(iii)''.
            (3) Section 5333(b) of title 49, United States Code, is 
        amended by striking ``5328, 5337, and 5338(b)'' each place it 
        appears and inserting ``and 5337''.
            (4) Section 5336 of title 49, United States Code, is 
        amended--
                    (A) in subsection (d)(1) by striking 
                ``5338(a)(2)(C)'' and inserting ``5338(a)(2)(B)''; and
                    (B) in subsection (h) by striking ``5338(a)(2)(C)'' 
                and inserting ``5338(a)(2)(B)''.
            (5) Subsections (c) and (d)(1) of section 5327 of title 49, 
        United States Code, are amended by striking ``5338(f)'' and 
        inserting ``5338(d)''.
            (6) Section 5340(b) of title 49, United States Code, is 
        amended by striking ``5338(b)(2)(N)'' and inserting 
        ``5338(a)(2)(O)''.

SEC. 2102. CHAPTER 53 DEFINITIONS.

    Section 5302 of title 49, United States Code, is amended--
            (1) in paragraph (1)(E)--
                    (A) by striking ``and the installation'' and 
                inserting ``, the installation''; and
                    (B) by inserting ``, and bikeshare projects'' after 
                ``public transportation vehicles'';
            (2) in paragraph (3)--
                    (A) in subparagraph (G) by striking clause (iii) 
                and inserting the following:
                            ``(iii) provides a fair share of revenue 
                        established by the Secretary that will be used 
                        for public transportation, except for a joint 
                        development that is a community service (as 
                        defined by the Federal Transit Administration), 
                        publicly operated facility, or offers a minimum 
                        of 50 percent of units as affordable housing, 
                        meaning legally binding affordability 
                        restricted housing units available to tenants 
                        with incomes below 60 percent of the area 
                        median income or owners with incomes below the 
                        area median;''; and
                    (B) in subparagraph (N)--
                            (i) by striking ``no emission'' and 
                        inserting ``zero emission''; and
                            (ii) by striking ``(as defined in section 
                        5339(c))''; and
            (3) by adding at the end the following:
            ``(25) Resilience.--
                    ``(A) In general.--The term `resilience' means, 
                with respect to a facility, the ability to--
                            ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                            ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                    ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                            ``(i) resist hazards or withstand impacts 
                        from disruptions;
                            ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                            ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.
            ``(26) Assault on a transit worker.--The term `assault on a 
        transit worker' means any circumstance in which an individual 
        knowingly, without lawful authority or permission, and with 
        intent to endanger the safety of any individual, or with a 
        reckless disregard for the safety of human life, interferes 
        with, disables, or incapacitates any transit worker while the 
        transit worker is performing his or her duties.''.

SEC. 2103. GENERAL PROVISIONS.

    Section 5323 of title 49, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``urban area'' and 
                        inserting ``urbanized area''; and
                            (ii) by striking ``operator can provide'' 
                        and inserting ``operator provides''; and
                    (B) by adding at the end the following:
            ``(3) Exceptions.--This subsection shall not apply to 
        financial assistance under this chapter--
                    ``(A) in which the non-Federal share of project 
                costs are provided from amounts received under a 
                service agreement with a State or local social service 
                agency or private social service organization pursuant 
                to section 5307(d)(3)(E) or section 5311(g)(3)(C);
                    ``(B) provided to a recipient or subrecipient whose 
                sole receipt of such assistance derives from section 
                5310; or
                    ``(C) provided to a recipient operating a fixed 
                route service that is--
                            ``(i) for a period of less than 30 days;
                            ``(ii) accessible to the public; and
                            ``(iii) contracted by a local government 
                        entity that provides local cost share to the 
                        recipient.'';
            (2) in subsection (h)--
                    (A) in paragraph (1) by adding ``or'' at the end; 
                and
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2);
            (3) by striking subsection (j) and inserting the following:
    ``(j) Reporting Accessibility Complaints.--
            ``(1) In general.--The Secretary shall ensure that an 
        individual who believes that he or she, or a specific class in 
        which the individual belongs, has been subjected to 
        discrimination on the basis of disability by a State or local 
        governmental entity, private nonprofit organization, or Tribe 
        that operates a public transportation service and is a 
        recipient or subrecipient of funds under this chapter, may, by 
        the individual or by an authorized representative, file a 
        complaint with the Department of Transportation.
            ``(2) Procedures.--Not later than 1 year after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        implement procedures that allow an individual to submit a 
        complaint described in paragraph (1) by phone, mail-in form, 
        and online through the website of the Office of Civil Rights of 
        the Federal Transit Administration.
            ``(3) Notice to individuals with disabilities.--Not later 
        than 12 months after the date of enactment of the INVEST in 
        America Act, the Secretary shall require that each public 
        transit provider and contractor providing paratransit services 
        shall include on a publicly available website of the service 
        provider, any related mobile device application, and online 
        service--
                    ``(A) notice that an individual can file a 
                disability-related complaint with the local transit 
                agency and the process and any timelines for filing 
                such a complaint;
                    ``(B) the telephone number, or a comparable 
                electronic means of communication, for the disability 
                assistance hotline of the Office of Civil Rights of the 
                Federal Transit Administration;
                    ``(C) notice that a consumer can file a disability 
                related complaint with the Office of Civil Rights of 
                the Federal Transit Administration; and
                    ``(D) an active link to the website of the Office 
                of Civil Rights of the Federal Transit Administration 
                for an individual to file a disability-related 
                complaint.
            ``(4) Investigation of complaints.--Not later than 60 days 
        after the last day of each fiscal year, the Secretary shall 
        publish a report that lists the disposition of complaints 
        described in paragraph (1), including--
                    ``(A) the number and type of complaints filed with 
                Department of Transportation;
                    ``(B) the number of complaints investigated by the 
                Department;
                    ``(C) the result of the complaints that were 
                investigated by the Department including whether the 
                complaint was resolved--
                            ``(i) informally;
                            ``(ii) by issuing a violation through a 
                        noncompliance Letter of Findings; or
                            ``(iii) by other means, which shall be 
                        described; and
                    ``(D) if a violation was issued for a complaint, 
                whether the Department resolved the noncompliance by--
                            ``(i) reaching a voluntary compliance 
                        agreement with the entity;
                            ``(ii) referring the matter to the Attorney 
                        General; or
                            ``(iii) by other means, which shall be 
                        described.
            ``(5) Report.--The Secretary shall, upon implementation of 
        this section and annually thereafter, submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives, the Committee on Banking, Housing, and Urban 
        Affairs of the Senate, and make publicly available a report 
        containing the information collected under this section.'';
            (4) by striking subsection (m) and inserting the following:
    ``(m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--The Secretary shall prescribe regulations requiring a 
preaward and postdelivery review of a grant under this chapter to buy 
rolling stock to ensure compliance with bid specifications requirements 
of grant recipients under this chapter. Under this subsection, grantee 
inspections and review are required, and a manufacturer certification 
is not sufficient.'';
            (5) in subsection (r)--
                    (A) by inserting ``or beneficial'' after 
                ``detrimental'';
                    (B) by striking the period at the end and inserting 
                ``; and'';
                    (C) by striking ``under this chapter may not deny'' 
                and inserting the following: ``under this chapter--
            ``(1) may not deny''; and
                    (D) by adding at the end the following:
            ``(2) shall respond to any request for reasonable access 
        within 75 days of the receipt of the request.''; and
            (6) by striking subsection (t) and redesignating 
        subsections (u) and (v) as subsections (t) and (u), 
        respectively.

SEC. 2104. MISCELLANEOUS PROVISIONS.

    (a) State of Good Repair Grants.--Section 5337(e) of title 49, 
United States Code, is amended by adding at the end the following:
            ``(3) Accessibility costs.--Notwithstanding paragraph (1), 
        the Federal share of the net project cost of a project to 
        provide accessibility in compliance with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be 90 
        percent.''.
    (b) Apportionments Based on Growing States and High Density States 
Formula Factors.--Section 5340(a) of title 49, United States Code, is 
amended by inserting ``and the District of Columbia'' after ``United 
States''.
    (c) Technical Assistance and Workforce Development.--Section 5314 
of title 49, United States Code, is amended--
            (1) in subsection (a)(1)(B)--
                    (A) in clause (i) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (ii) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) technical assistance to assist 
                        recipients with the impacts of a new census 
                        count.''; and
            (2) in subsection (c)(4)(A) by inserting ``, 5311'' after 
        ``5307''.
    (d) Administrative Provisions.--Section 5334 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(l) Necessarily Implied Activities.--Notwithstanding any other 
provision of law, in the event of a lapse in authorization or 
appropriations for the Federal transit program under this title, the 
administrative activities that are necessary to disburse valid 
obligations are necessarily implied by the continued availability of 
funding for making disbursements of amounts previously obligated, 
pursuant to section 1553 of title 31.''.
    (e) National Transit Database.--Section 5335 of title 49, United 
States Code, is amended by inserting ``and any information on each 
assault on a transit worker'' after ``by the recipient''.
    (f) Urbanized Area Formula Grants.--Section 5307 of title 49, 
United States Code, is amended--
            (1) in subsection (a)(2)(A)--
                    (A) in clause (i) by striking ``or'' at the end; 
                and
                    (B) by adding at the end the following:
                            ``(iii) operate a minimum of 101 buses and 
                        a maximum of 125 buses in fixed route service 
                        or demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment which 
                        is attributable to such systems within the 
                        urbanized area, as measured by vehicle revenue 
                        hours; or'';
            (2) in subsection (a)(2)(B)--
                    (A) in clause (i) by striking ``or'' at the end;
                    (B) in clause (ii) by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) operate a minimum of 101 buses and 
                        a maximum of 125 buses in fixed route service 
                        or demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment 
                        allocated to such systems within the urbanized 
                        area, as determined by the local planning 
                        process and included in the designated 
                        recipient's final program of projects prepared 
                        under subsection (b).''; and
            (3) in subsection (b)--
                    (A) in paragraph (6) by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) ensure that the proposed program of projects provides 
        improved access to transit for the individuals described in 
        section 5336(j); and''.
    (g) Technical Correction.--Section 5307(a)(2)(B)(ii) of title 49, 
United States Code, is amended by striking ``service during peak'' and 
inserting ``service, during peak''.

SEC. 2105. POLICIES AND PURPOSES.

    Section 5301(b) of title 49, United States Code, is amended--
            (1) in paragraph (7) by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (8) by striking the period and inserting a 
        semicolon; and
            (3) by adding at the end the following:
            ``(8) reduce the contributions of the surface 
        transportation system to the total carbon pollution of the 
        United States; and
            ``(9) improve the resiliency of the public transportation 
        network to withstand weather events and other natural 
        disasters.''.

SEC. 2106. FISCAL YEAR 2022 FORMULAS.

    For fiscal year 2022, the Secretary shall apportion and distribute 
formula funds provided for under chapter 53 of title 49, United States 
Code, using data submitted to the 2019 National Transit Database.

             Subtitle B--Improving Frequency and Ridership

SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE 
              GRANTS.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5307 the following new section:
``Sec. 5308. Multi-jurisdictional bus frequency and ridership 
              competitive grants
    ``(a) In General.--The Secretary shall make grants under this 
section, on a competitive basis, to eligible recipients to increase the 
frequency and ridership of public transit buses.
    ``(b) Applications.--To be eligible for a grant under this section, 
an eligible recipient shall submit to the Secretary an application at 
such time, in such manner, and containing such information as the 
Secretary may require.
    ``(c) Application Timing.--Not later than 90 days after amounts are 
made available to carry out this section, the Secretary shall solicit 
grant applications from eligible recipients for projects described in 
subsection (d).
    ``(d) Uses of Funds.--An eligible recipient of a grant under this 
section shall use such grant for capital projects that--
            ``(1) increase--
                    ``(A) the frequency of bus service;
                    ``(B) bus ridership; and
                    ``(C) total person throughput; and
            ``(2) are consistent with, and as described in, the design 
        guidance issued by the National Association of City 
        Transportation Officials and titled `Transit Street Design 
        Guide'.
    ``(e) Grant Criteria.--In making grants under this section, the 
Secretary shall consider the following:
            ``(1) Each eligible recipient's projected increase in bus 
        frequency.
            ``(2) Each eligible recipient's projected increase in bus 
        ridership.
            ``(3) Each eligible recipient's projected increase in total 
        person throughput.
            ``(4) The degree of regional collaboration described in 
        each eligible recipient's application, including collaboration 
        with--
                    ``(A) a local government entity that operates a 
                public transportation service;
                    ``(B) local government agencies that control street 
                design;
                    ``(C) metropolitan planning organizations (as such 
                term is defined in section 5303); and
                    ``(D) State departments of transportation.
    ``(f) Grant Timing.--The Secretary shall award grants under this 
section not later than 120 days after the date on which the Secretary 
completes the solicitation described in subsection (c).
    ``(g) Requirements of the Secretary.--In carrying out the program 
under this section, the Secretary shall--
            ``(1) not later than the date described in subsection (c), 
        publish in the Federal Register a list of all metrics and 
        evaluation procedures to be used in making grants under this 
        section; and
            ``(2) publish in the Federal Register--
                    ``(A) a summary of the final metrics and 
                evaluations used in making grants under this section; 
                and
                    ``(B) a list of the ratings of eligible recipients 
                receiving a grant under this section based on such 
                metrics and evaluations.
    ``(h) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        project carried out under this section shall not exceed 80 
        percent.
            ``(2) Restriction on grant amounts.--The Secretary may make 
        a grant for a project under this section in an amount up to 150 
        percent of the amount--
                    ``(A) provided for such project under title 23; and
                    ``(B) of remaining costs, as defined under section 
                5307(d)(3), that were budgeted for roadways for such 
                project.
    ``(i) Requirements of Section 5307.--Except as otherwise provided 
in this section, a grant under this section shall be subject to the 
requirements of section 5307.
    ``(j) Availability of Funds.--
            ``(1) In general.--Amounts made available to carry out this 
        section shall remain available for 4 fiscal years after the 
        fiscal year for which the amount was made available.
            ``(2) Unobligated amounts.--After the expiration of the 
        period described in paragraph (1) for an amount made available 
        to carry out this section, any unobligated amounts made 
        available to carry out this section shall be added to the 
        amounts made available for the following fiscal year.
    ``(k) Eligible Recipients.--In this section, the term `eligible 
recipient' means a recipient of a grant under section 5307 in an 
urbanized area with a population greater than 500,000.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5307 the following new item:

``5308. Multi-jurisdictional bus frequency and ridership competitive 
                            grants.''.

SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.

    Section 5336 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i) by striking ``95.61 percent'' and 
                                inserting ``95 percent'';
                                    (II) in clause (i) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                                    (III) in clause (ii) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i) by striking ``4.39 percent'' and 
                                inserting ``5 percent'';
                                    (II) in clause (i)--
                                            (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                            (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in an area'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                                    (III) in clause (ii)--
                                            (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                            (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in all areas'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                    (B) by adding at the end the following:
            ``(3) Special rule.--For fiscal year 2022, the percentage--
                    ``(A) in paragraph (2)(A) in the matter preceding 
                clause (i) shall be treated as 100 percent; and
                    ``(B) in paragraph (2)(B) in the matter preceding 
                clause (i) shall be treated as 0 percent.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``90.8 percent'' 
                and inserting ``90 percent'' each place it appears;
                    (B) in paragraph (2)--
                            (i) by striking ``9.2 percent'' and 
                        inserting ``8 percent'';
                            (ii) by striking ``200,000'' and inserting 
                        ``500,000'';
                            (iii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) the number of bus passenger miles traveled on 
                the highest 25 percent of routes by ridership 
                multiplied by the number of buses operating in peak 
                revenue service per hour on the highest 25 percent of 
                routes by ridership; divided by''; and
                            (iv) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the total number of bus passenger miles 
                traveled on the highest 25 percent of routes by 
                ridership multiplied by the total number of buses 
                operating in peak revenue service per hour on the 
                highest 25 percent of routes by ridership in all 
                areas.''; and
                    (C) by adding at the end the following:
            ``(3) 2 percent of the total amount apportioned under this 
        subsection shall be apportioned so that each urbanized area 
        with a population of at least 200,000 and less than 500,000 is 
        entitled to receive an amount using the formula in paragraph 
        (1).
            ``(4) For fiscal year 2022, the percentage--
                    ``(A) in paragraph (1) in the matter preceding 
                subparagraph (A) shall be treated as 100 percent;
                    ``(B) in paragraph (2) in the matter preceding 
                subparagraph (A) shall be treated as 0 percent; and
                    ``(C) in paragraph (3) shall be treated as 0 
                percent.''; and
            (3) by adding at the end the following:
    ``(k) Peak Revenue Service Defined.--In this section, the term 
`peak revenue service' means the time period between the time that an 
agency exceeds the number of midday vehicles in revenue service per 
hour in the morning peak and the time that an agency falls below the 
number of midday vehicles in revenue service per hour in the evening 
peak.''.

SEC. 2203. MOBILITY INNOVATION.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5315 the following new section:
``Sec. 5316. Mobility innovation
    ``(a) In General.--Amounts made available to a covered recipient to 
carry out sections 5307, 5310, and 5311 may be used by such covered 
recipient under this section to assist in the financing of--
            ``(1) mobility as a service; and
            ``(2) mobility on demand services.
    ``(b) Federal Share.--
            ``(1) In general.--Except as provided in paragraphs (2), 
        (3), and (4), the Federal share of the net cost of a project 
        carried out under this section shall not exceed 80 percent.
            ``(2) Mobility on demand service operating costs.--The 
        Federal share of the net cost of a project to provide for net 
        operating costs for mobility on demand services shall not 
        exceed 50 percent for any funds provided under section 5307.
            ``(3) Mobility as a service cost share.--Notwithstanding 
        paragraph (1), the Federal share of the net cost of mobility as 
        a service shall not exceed 90 percent.
            ``(4) Zero emission incentive.--Notwithstanding paragraphs 
        (1) and (2), the Federal share of the net cost of a project 
        described in paragraph (1) or (2) shall be reduced by 25 
        percent if such project involves an eligible use that uses a 
        vehicle that produces carbon dioxide or particulate matter.
    ``(c) Eligible Uses.--
            ``(1) In general.--The Secretary shall publish guidance 
        describing eligible activities that are reasonably expected 
        to--
                    ``(A) increase transit ridership;
                    ``(B) be complementary to fixed route transit 
                service; and
                    ``(C) demonstrate substantial improvements in--
                            ``(i) environmental metrics, including 
                        standards established pursuant to the Clean Air 
                        Act (42 U.S.C. 7401 et seq.) and greenhouse gas 
                        performance targets established pursuant to 
                        section 150(d) of title 23;
                            ``(ii) traffic congestion;
                            ``(iii) compliance with the requirements 
                        under the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                            ``(iv) low-income service to increase 
                        access to employment, healthcare, and other 
                        essential services;
                            ``(v) service outside of transit agency 
                        operating hours;
                            ``(vi) low density service; and
                            ``(vii) rural service.
            ``(2) Prohibition on use of funds.--Amounts used by a 
        covered recipient for projects eligible under this section may 
        not be used for--
                    ``(A) single passenger vehicle miles (in a 
                passenger motor vehicle, as such term is defined in 
                section 32101, that carries less than 9 passengers), 
                unless the trip--
                            ``(i) meets the definition of public 
                        transportation; and
                            ``(ii) begins or completes a fixed route 
                        public transportation trip; or
                    ``(B) deadhead vehicle miles.
    ``(d) Federal Requirements.--A project carried out under this 
section shall be treated as if such project were carried out under the 
section from which the funds were provided to carry out such project, 
including the application of any additional requirements provided for 
by law that apply to section 5307, 5310, or 5311, as applicable.
    ``(e) Waiver.--
            ``(1) National waiver.--
                    ``(A) In general.--Except as provided in paragraph 
                (3), the Secretary may issue a national waiver for a 
                requirement applied to projects carried out under this 
                section pursuant to subsection (d) if the Secretary 
                determines that applying such requirement would be 
                inconsistent with the public interest.
                    ``(B) Public notification and comment.--
                            ``(i) In general.--Not later than 30 days 
                        before issuing a waiver described in 
                        subparagraph (A), the Secretary shall provide 
                        notification and an opportunity for public 
                        comment on such waiver.
                            ``(ii) Notification requirements.--The 
                        notification required under clause (i) shall be 
                        provided to the public by electronic means, 
                        including on the public website of the 
                        Department of Transportation.
                    ``(C) Final waiver.--Before a national waiver takes 
                effect, the Secretary shall publish a detailed 
                justification for such waiver that addresses all public 
                comments received under subparagraph (B) on the public 
                website for the Department of Transportation and in the 
                Federal Register.
            ``(2) Individual waiver.--Except as provided in paragraph 
        (3), the Secretary may waive any requirement applied to a 
        project carried out under this section pursuant to subsection 
        (d) if the Secretary determines that applying such requirement 
        would be inconsistent with the public interest.
            ``(3) Waiver under other sections.--The Secretary may not 
        waive any requirement under paragraph (1) or (2) for which a 
        waiver is otherwise available.
            ``(4) Prohibition of waiver.--Notwithstanding paragraphs 
        (1) and (2), the Secretary may not waive any requirement of--
                    ``(A) section 5333;
                    ``(B) section 5331; and
                    ``(C) section 5302(14).
            ``(5) Application of section 5320.--Notwithstanding 
        paragraphs (1), (2), and (3), the Secretary may only waive the 
        requirements of section 5320 with respect to--
                    ``(A) a passenger vehicle owned by an individual; 
                and
                    ``(B) subsection (q) of such section for any 
                passenger vehicle not owned by an individual for the 
                period beginning on the date of enactment of this 
                section and ending 3 years after such date.
    ``(f) Open Data Standards.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall initiate 
        procedures under subchapter III of chapter 5 of title 5 to 
        develop an open data standard and an application programming 
        interface necessary to carry out this section.
            ``(2) Regulations.--The regulations required under 
        paragraph (1) shall enable public transportation agencies, 
        mobility on demand providers, mobility as a service technology 
        providers, and local governments the efficient means to 
        transfer data to--
                    ``(A) foster the efficient use of transportation 
                capacity;
                    ``(B) enhance the management of new modes of 
                mobility;
                    ``(C) enable the use of innovative planning tools;
                    ``(D) enable single payment systems for all 
                mobility on demand services;
                    ``(E) establish metropolitan planning organization, 
                State, and local government access to anonymized data 
                for transportation planning, real time operations data, 
                and rules;
                    ``(F) safeguard personally identifiable 
                information;
                    ``(G) protect confidential business information; 
                and
                    ``(H) enhance cybersecurity protections.
            ``(3) Committee.--A negotiated rulemaking committee 
        established pursuant to section 565 of title 5 to carry out 
        this subsection shall have a maximum of 17 members limited to 
        representatives of the Department of Transportation, State and 
        local governments, metropolitan planning organizations, urban 
        and rural covered recipients, associations that represent 
        public transit agencies, labor representatives, mobility on 
        demand providers, and mobility as a service technology 
        providers.
            ``(4) Publication of proposed regulations.--Proposed 
        regulations to implement this section shall be published in the 
        Federal Register by the Secretary not later than 18 months 
        after such date of enactment.
            ``(5) Extension of deadlines.--A deadline set forth in 
        paragraph (3) may be extended up to 180 days if the negotiated 
        rulemaking committee referred to in paragraph (4) concludes 
        that the committee cannot meet the deadline and the Secretary 
        so notifies the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
    ``(g) Application of Recipient Revenue Vehicle Miles.--With respect 
to revenue vehicle miles with one passenger of a covered recipient 
using amounts under this section, such miles--
            ``(1) shall be included in the National Transit Database 
        under section 5335; and
            ``(2) shall be excluded from vehicle revenue miles data 
        used in the calculation described in section 5336.
    ``(h) Savings Clause.--Subsection (c)(2) and subsection (g) shall 
not apply to any eligible activities under this section if such 
activities are being carried out in compliance with the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
    ``(i) Definitions.--In this section:
            ``(1) Deadhead vehicle miles.--The term `deadhead vehicle 
        miles' means the miles that a vehicle travels when out of 
        revenue service, including leaving or returning to the garage 
        or yard facility, changing routes, when there is no expectation 
        of carrying revenue passengers, and any miles traveled by a 
        private operator without a passenger.
            ``(2) Mobility as a service.--The term `mobility as a 
        service' means services that constitute the integration of 
        mobility on demand services and public transportation that are 
        available and accessible to all travelers, provide multimodal 
        trip planning, and a unified payment system.
            ``(3) Mobility on demand.--The term `mobility on demand' 
        means an on-demand transportation service shared among 
        individuals, either concurrently or one after another.
            ``(4) Covered recipient.--The term `covered recipient' 
        means a State or local government entity, private nonprofit 
        organization, or Tribe that--
                    ``(A) operates a public transportation service; and
                    ``(B) is a recipient or subrecipient of funds under 
                section 5307, 5310, or 5311.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5315 the following new item:

``5316. Mobility innovation.''.

SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.

    Section 5311 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2) by adding at the end the 
                following:
                    ``(D) Census designation.--The Secretary may 
                approve a State program that allocates not more than 5 
                percent of such State's apportionment to assist rural 
                areas that were redesignated as urban areas not more 
                than 2 fiscal years after the last census designation 
                of urbanized area boundaries.''; and
                    (B) in paragraph (3) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``section 5338(a)(2)(F)'' and 
                        inserting ``section 5338(a)(2)(E)'';
                            (ii) in subparagraph (A) by striking 
                        ``$5,000,000'' and inserting ``$10,000,000''; 
                        and
                            (iii) in subparagraph (B) by striking 
                        ``$30,000,000'' and inserting ``the amount 
                        remaining under section 5338(a)(2)(E)(i) after 
                        the amount under subparagraph (A) is 
                        distributed'';
                    (B) in paragraph (2)(C) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)''; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A) by striking 
                        ``section 5338(a)(2)(F)'' and inserting 
                        ``section 5338(a)(2)(E)''; and
                            (ii) by striking subparagraphs (B) and (C) 
                        and inserting the following:
                    ``(B) Land area.--
                            ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 15 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of the land area in rural areas in that State 
                        and divided by the land area in all rural areas 
                        in the United States, as shown by the most 
                        recent decennial census of population.
                            ``(ii) Maximum apportionment.--No State 
                        shall receive more than 5 percent of the amount 
                        apportioned under clause (i).
                    ``(C) Population.--Each State shall receive an 
                amount equal to 50 percent of the amount apportioned 
                under this paragraph, multiplied by the ratio of the 
                population of rural areas in that State and divided by 
                the population of all rural areas in the United States, 
                as shown by the most recent decennial census of 
                population.
                    ``(D) Vehicle revenue miles.--
                            ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 25 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of vehicle revenue miles in rural areas in that 
                        State and divided by the vehicle revenue miles 
                        in all rural areas in the United States, as 
                        determined by national transit database 
                        reporting.
                            ``(ii) Maximum apportionment.--No State 
                        shall receive more than 5 percent of the amount 
                        apportioned under clause (i).
                    ``(E) Low-income individuals.--Each State shall 
                receive an amount that is equal to 10 percent of the 
                amount apportioned under this paragraph, multiplied by 
                the ratio of low-income individuals in rural areas in 
                that State and divided by the number of low-income 
                individuals in all rural areas in the United States, as 
                shown by the Bureau of the Census.'';
            (3) in subsection (f)--
                    (A) in paragraph (1) by inserting ``A State may 
                expend funds to continue service into another State to 
                extend a route.'' before ``Eligible activities under''; 
                and
                    (B) in paragraph (2) by inserting ``and makes the 
                certification and supporting documents publicly 
                available'' before the period at the end; and
            (4) in subsection (g) by adding at the end the following:
            ``(6) Allowance for volunteer hours.--
                    ``(A) Applicable regulations.--For any funds 
                provided by a department or agency of the Government 
                under paragraph (3)(D) or by a service agreement under 
                paragraph (3)(C), and such department or agency has 
                regulations in place that provide for the valuation of 
                volunteer hours as allowable in-kind contributions 
                toward the non-Federal share of project costs, such 
                regulations shall be used to determine the allowable 
                valuation of volunteer hours as an in-kind contribution 
                toward the non-Federal remainder of net project costs 
                for a transit project funded under this section.
                    ``(B) Limitations.--Subparagraph (A) shall not 
                apply to the provision of fixed-route bus services 
                funded under this section.''.

SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.

    Section 5310 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) One-stop Paratransit Program.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this subsection, the Secretary shall establish 
        a one-stop paratransit competitive grant program to encourage 
        an extra stop in non-fixed route Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit 
        rider to complete essential tasks.
            ``(2) Preference.--The Secretary shall give preference to 
        eligible recipients that--
                    ``(A) have comparable data for the year prior to 
                implementation of the grant program and made available 
                to the Secretary, academic and nonprofit organizations 
                for research purposes; and
                    ``(B) plan to use agency personnel to implement the 
                pilot program.
            ``(3) Application criteria.--To be eligible to participate 
        in the grant program, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including information on--
                    ``(A) locations the eligible entity intends to 
                allow a stop at, if stops are limited, including--
                            ``(i) childcare or education facilities;
                            ``(ii) pharmacies;
                            ``(iii) grocery stores; and
                            ``(iv) bank or ATM locations;
                    ``(B) methodology for informing the public of the 
                grant program;
                    ``(C) vehicles, personnel, and other resources that 
                will be used to implement the grant program;
                    ``(D) if the applicant does not intend the grant 
                program to apply to the full area under the 
                jurisdiction of the applicant, a description of the 
                geographic area in which the applicant intends the 
                grant program to apply; and
                    ``(E) the anticipated amount of increased operating 
                costs.
            ``(4) Selection.--The Secretary shall seek to achieve 
        diversity of participants in the grant program by selecting a 
        range of eligible entities that includes at least--
                    ``(A) 5 eligible recipients that serve an area with 
                a population of 50,000 to 200,000;
                    ``(B) 10 eligible recipients that serve an area 
                with a population of over 200,000; and
                    ``(C) 5 eligible recipients that provide 
                transportation for rural communities.
            ``(5) Data-sharing criteria.--An eligible recipient in this 
        subsection shall provide data as the Secretary requires, 
        including--
                    ``(A) number of ADA paratransit trips conducted 
                each year;
                    ``(B) requested time of each paratransit trip;
                    ``(C) scheduled time of each paratransit trip;
                    ``(D) actual pickup time for each paratransit trip;
                    ``(E) average length of a stop in the middle of a 
                ride as allowed by this subsection;
                    ``(F) any complaints received by a paratransit 
                rider;
                    ``(G) rider satisfaction with paratransit services; 
                and
                    ``(H) after the completion of the grant, an 
                assessment by the eligible recipient of its capacity to 
                continue a one-stop program independently.
            ``(6) Report.--
                    ``(A) In general.--The Secretary shall make 
                publicly available an annual report on the program 
                carried out under this subsection for each fiscal year, 
                not later than December 31 of the calendar year in 
                which such fiscal year ends.
                    ``(B) Contents.--The report required under 
                subparagraph (A) shall include a detailed description 
                of the activities carried out under the program, and an 
                evaluation of the program, including an evaluation of 
                the data shared by eligible recipients under paragraph 
                (5).''.

         Subtitle C--Buy America and Other Procurement Reforms

SEC. 2301. BUY AMERICA.

    (a) Buy America.--
            (1) In general.--Chapter 53 of title 49, United States 
        Code, is amended by inserting before section 5321 the 
        following:
``Sec. 5320. Buy America
    ``(a) In General.--The Secretary may obligate an amount that may be 
appropriated to carry out this chapter for a project only if the steel, 
iron, and manufactured goods used in the project are produced in the 
United States.
    ``(b) Waiver.--The Secretary may waive subsection (a) if the 
Secretary finds that--
            ``(1) applying subsection (a) would be inconsistent with 
        the public interest;
            ``(2) the steel, iron, and goods produced in the United 
        States are not produced in a sufficient and reasonably 
        available amount or are not of a satisfactory quality;
            ``(3) when procuring rolling stock (including train 
        control, communication, traction power equipment, and rolling 
        stock prototypes) under this chapter--
                    ``(A) the cost of components and subcomponents 
                produced in the United States is more than 70 percent 
                of the cost of all components of the rolling stock; and
                    ``(B) final assembly of the rolling stock has 
                occurred in the United States; or
            ``(4) including domestic material will increase the cost of 
        the overall project by more than 25 percent.
    ``(c) Written Waiver Determination and Annual Report.--
            ``(1) Waiver procedure.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under subsection (b)(1), (b)(2), or (b)(4) as 
        to whether to waive subsection (a).
            ``(2) Public notification and comment.--
                    ``(A) In general.--Not later than 30 days before 
                making a determination regarding a waiver described in 
                paragraph (1), the Secretary shall provide notification 
                and an opportunity for public comment on the request 
                for such waiver.
                    ``(B) Notification requirements.--The notification 
                required under subparagraph (A) shall--
                            ``(i) describe whether the application is 
                        being made for a waiver described in subsection 
                        (b)(1), (b)(2) or (b)(4); and
                            ``(ii) be provided to the public by 
                        electronic means, including on the public 
                        website of the Department of Transportation.
            ``(3) Determination.--Before a determination described in 
        paragraph (1) takes effect, the Secretary shall publish a 
        detailed justification for such determination that addresses 
        all public comments received under paragraph (2)--
                    ``(A) on the public website of the Department of 
                Transportation; and
                    ``(B) if the Secretary issues a waiver with respect 
                to such determination, in the Federal Register.
            ``(4) Annual report.--Annually, the Secretary shall submit 
        to the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report listing any waiver 
        issued under paragraph (1) during the preceding year.
    ``(d) Rolling Stock Waiver Conditions.--
            ``(1) Labor costs for final assembly.--In this section, 
        labor costs involved in final assembly shall be included as a 
        separate component in the cost of components and subcomponents 
        under subsection (b)(3)(A).
            ``(2) High domestic content component bonus.--In this 
        section, in calculating the domestic content of the rolling 
        stock under subsection (b)(3), the percent, rounded to the 
        nearest whole number, of the domestic content in components of 
        such rolling stock, weighted by cost, shall be used in 
        calculating the domestic content of the rolling stock, except--
                    ``(A) with respect to components that exceed--
                            ``(i) 70 percent domestic content, the 
                        Secretary shall add 10 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                            ``(ii) 75 percent domestic content, the 
                        Secretary shall add 15 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                    ``(B) in no case may a component exceed 100 
                domestic content when calculating the domestic content 
                of the rolling stock.
            ``(3) Rolling stock frames or car shells.--In calculating 
        the cost of the domestic content of the rolling stock under 
        subsection (b)(3), in the case of a rolling stock procurement 
        receiving assistance under this chapter in which the average 
        cost of a rolling stock vehicle in the procurement is more than 
        $300,000, if rolling stock frames or car shells are not 
        produced in the United States, the Secretary shall include in 
        the calculation of the domestic content of the rolling stock 
        the cost of the steel or iron that is produced in the United 
        States and used in the rolling stock frames or car shells.
            ``(4) Treatment of waived components and subcomponents.--In 
        this section, a component or subcomponent waived under 
        subsection (b) shall be excluded from any part of the 
        calculation required under subsection (b)(3)(A).
            ``(5) Zero-emission vehicle domestic battery cell 
        incentive.--The Secretary shall provide an additional 2.5 
        percent of domestic content to the total rolling stock domestic 
        content percentage calculated under this section for any zero-
        emission vehicle that uses only battery cells for propulsion 
        that are manufactured domestically.
    ``(e) Certification of Domestic Supply and Disclosure.--
            ``(1) Certification of domestic supply.--If the Secretary 
        denies an application for a waiver under subsection (b), the 
        Secretary shall provide to the applicant a written 
        certification that--
                    ``(A) the steel, iron, or manufactured goods, as 
                applicable, (referred to in this paragraph as the 
                `item') is produced in the United States in a 
                sufficient and reasonably available amount;
                    ``(B) the item produced in the United States is of 
                a satisfactory quality; and
                    ``(C) includes a list of known manufacturers in the 
                United States from which the item can be obtained.
            ``(2) Disclosure.--The Secretary shall disclose the waiver 
        denial and the written certification to the public in an easily 
        identifiable location on the website of the Department of 
        Transportation.
    ``(f) Waiver Prohibited.--The Secretary may not make a waiver under 
subsection (b) for goods produced in a foreign country if the 
Secretary, in consultation with the United States Trade Representative, 
decides that the government of that foreign country--
            ``(1) has an agreement with the United States Government 
        under which the Secretary has waived the requirement of this 
        section; and
            ``(2) has violated the agreement by discriminating against 
        goods to which this section applies that are produced in the 
        United States and to which the agreement applies.
    ``(g) Penalty for Mislabeling and Misrepresentation.--A person is 
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or 
any successor thereto, to receive a contract or subcontract made with 
amounts authorized under title II of the INVEST in America Act if a 
court or department, agency, or instrumentality of the Government 
decides the person intentionally--
            ``(1) affixed a `Made in America' label, or a label with an 
        inscription having the same meaning, to goods sold in or 
        shipped to the United States that are used in a project to 
        which this section applies but not produced in the United 
        States; or
            ``(2) represented that goods described in paragraph (1) 
        were produced in the United States.
    ``(h) State Requirements.--The Secretary may not impose any 
limitation on assistance provided under this chapter that restricts a 
State from imposing more stringent requirements than this subsection on 
the use of articles, materials, and supplies mined, produced, or 
manufactured in foreign countries in projects carried out with that 
assistance or restricts a recipient of that assistance from complying 
with those State-imposed requirements.
    ``(i) Opportunity to Correct Inadvertent Error.--The Secretary may 
allow a manufacturer or supplier of steel, iron, or manufactured goods 
to correct after bid opening any certification of noncompliance or 
failure to properly complete the certification (but not including 
failure to sign the certification) under this subsection if such 
manufacturer or supplier attests under penalty of perjury that such 
manufacturer or supplier submitted an incorrect certification as a 
result of an inadvertent or clerical error. The burden of establishing 
inadvertent or clerical error is on the manufacturer or supplier.
    ``(j) Administrative Review.--A party adversely affected by an 
agency action under this subsection shall have the right to seek review 
under section 702 of title 5.
    ``(k) Steel and Iron.--For purposes of this section, steel and iron 
meeting the requirements of section 661.5(b) of title 49, Code of 
Federal Regulations, may be considered produced in the United States.
    ``(l) Definition of Small Purchase.--For purposes of determining 
whether a purchase qualifies for a general public interest waiver under 
subsection (b)(1), including under any regulation promulgated under 
such subsection, the term `small purchase' means a purchase of not more 
than $150,000.
    ``(m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--
            ``(1) In general.--The Secretary shall prescribe 
        regulations requiring a preaward and postdelivery certification 
        of a rolling stock vehicle that meets the requirements of this 
        section and Government motor vehicle safety requirements to be 
        eligible for a grant under this chapter. For compliance with 
        this section--
                    ``(A) Federal inspections and review are required;
                    ``(B) a manufacturer certification is not 
                sufficient; and
                    ``(C) a rolling stock vehicle that has been 
                certified by the Secretary remains certified until the 
                manufacturer makes a material change to the vehicle, or 
                adjusts the price of the vehicle, that reduces, by more 
                than half, the percentage of domestic content above 70 
                percent.
            ``(2) Certification of percentage.--The Secretary may, at 
        the request of a component or subcomponent manufacturer, 
        certify the percentage of domestic content and final assembly 
        for a component or subcomponent.
            ``(3) Freedom of information act.--In carrying out this 
        subsection, the Secretary shall consistently apply the 
        provisions of section 552 of title 5, including subsection 
        (b)(4) of such section.
            ``(4) Noncompliance.--The Secretary shall prohibit 
        recipients from procuring rolling stock, components, or 
        subcomponents from a supplier that intentionally provides false 
        information to comply with this subsection.
    ``(n) Scope.--The requirements of this section apply to all 
contracts for a public transportation project carried out within the 
scope of the applicable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
regardless of the funding source of such contracts, if at least one 
contract for the public transportation project is funded with amounts 
made available to carry out this chapter.
    ``(o) Buy America Conformity.--The Secretary shall ensure that all 
Federal funds for commuter rail projects shall comply with this section 
and shall not be subject to section 22905(a).
    ``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
            ``(1) In general.--The Inspector General of the Department 
        of Transportation shall conduct an annual audit on 
        certifications under subsection (m).
            ``(2) Report fraud, waste, and abuse.--The Secretary shall 
        display a `Report Fraud, Waste, and Abuse' button and link to 
        Department of Transportation's Office of Inspector General 
        Hotline on the Federal Transit Administration's Buy America 
        landing page.
            ``(3) Contract requirement.--The Secretary shall require 
        all recipients who enter into contracts to purchase rolling 
        stock with funds provided under this chapter to include in such 
        contract information on how to contact the Department of 
        Transportation's Office of Inspector General Hotline to report 
        suspicions of fraud, waste, and abuse.
    ``(q) Passenger Motor Vehicles.--
            ``(1) In general.--Any domestically manufactured passenger 
        motor vehicle shall be considered to be produced in the United 
        States under this section.
            ``(2) Domestically manufactured passenger motor vehicle.--
        In this subsection, the term `domestically manufactured 
        passenger motor vehicle' means any passenger motor vehicle, as 
        such term is defined in section 32304(a) that--
                    ``(A) has under section 32304(b)(1)(B) its final 
                assembly place in the United States; and
                    ``(B) the percentage (by value) of passenger motor 
                equipment under section 32304(b)(1)(A) equals or 
                exceeds 60 percent value added.''.
            (2) Clerical amendment.--The analysis for chapter 53 of 
        title 49, United States Code, is amended by inserting before 
        the item relating to section 5321 the following:

``5320. Buy America.''.
            (3) Conforming amendments.--
                    (A) Technical assistance and workforce 
                development.--Section 5314(a)(2)(G) of title 49, United 
                States Code, is amended by striking ``sections 5323(j) 
                and 5323(m)'' and inserting ``section 5320''.
                    (B) Urbanized area formula grants.--Section 
                5307(c)(1)(E) of title 49, United States Code, is 
                amended by inserting ``, 5320,'' after ``5323''.
                    (C) Innovative procurement.--Section 
                3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note) 
                is amended by striking ``5232(j)'' and inserting 
                ``5320''.
    (b) Bus Rolling Stock.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to revise Appendix B and Appendix D of 
section 661.11 of title 49, Code of Federal Regulations, with respect 
to bus rolling stock to maximize job creation and align such section 
with modern manufacturing techniques.
    (c) Rail Rolling Stock.--Not later than 30 months after the date of 
enactment of this Act, the Secretary shall issue such regulations as 
are necessary to revise subsections (t), (u), and (v) of section 661.11 
of title 49, Code of Federal Regulations, with respect to rail rolling 
stock to maximize job creation and align such section with modern 
manufacturing techniques.
    (d) Rule of Applicability.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        any contract entered into on or after the date of enactment of 
        this Act.
            (2) Delayed applicability of certain provisions.--Contracts 
        described in paragraph (1) shall be subject to the following 
        delayed applicability requirements:
                    (A) Section 5320(m)(2) shall apply to contracts 
                entered into on or after the date that is 30 days after 
                the date of enactment of this Act.
                    (B) Notwithstanding subparagraph (A), section 
                5320(m) shall apply to contracts for the procurement of 
                bus rolling stock beginning on the earlier of--
                            (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (b); or
                            (ii) the date that is 1 year after the date 
                        of enactment of this Act.
                    (C) Notwithstanding subparagraph (A), section 
                5320(m) shall apply to contracts for the procurement of 
                rail rolling stock beginning on the earlier of--
                            (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (c); or
                            (ii) the date that is 2 years after the 
                        date of enactment of this Act.
                    (D) Section 5320(p)(1) shall apply on the date that 
                is 1 year after the latest of the application dates 
                described in subparagraphs (A) through (C).
            (3) Special rule for certain contracts.--For any contract 
        described in paragraph (1) for which the delivery for the first 
        production vehicle occurs before October 1, 2024, paragraphs 
        (1) and (4) of section 5320(d) shall not apply.
            (4) Special rule for battery cell incentives.--For any 
        contract described in paragraph (1) for which the delivery for 
        the first production vehicle occurs before October 1, 2022, 
        section 5320(d)(5) shall not apply.
    (e) Special Rule for Domestic Content.--For the calculation of the 
percent of domestic content calculated under section 5320(d)(2) for a 
contract for rolling stock entered into on or after October 1, 2020--
            (1) if the delivery of the first production vehicle occurs 
        in fiscal year 2022 or fiscal year 2023, for components that 
        exceed 70 percent domestic content, the Secretary shall add 20 
        additional percent to the component's domestic content; and
            (2) if the delivery of the first production vehicle occurs 
        in fiscal year 2024 or fiscal year 2025--
                    (A) for components that exceed 70 percent but do 
                not exceed 75 percent domestic content, the Secretary 
                shall add 15 additional percent to the component's 
                domestic content; or
                    (B) for components that exceed 75 percent domestic 
                content, the Secretary shall add 20 additional percent 
                to the component's domestic content.

SEC. 2302. BUS PROCUREMENT STREAMLINING.

    Section 5323 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(v) Bus Procurement Streamlining.--
            ``(1) In general.--The Secretary may only obligate amounts 
        for acquisition of buses under this chapter to a recipient that 
        issues a request for proposals for an open market procurement 
        that meets the following criteria:
                    ``(A) Such request for proposals is limited to 
                performance specifications, except for components or 
                subcomponents identified in the negotiated rulemaking 
                carried out pursuant to this subsection.
                    ``(B) Such request for proposals does not seek any 
                alternative design or manufacture specification of a 
                bus offered by a manufacturer, except to require a 
                component or subcomponent identified in the negotiated 
                rulemaking carried out pursuant to this subsection.
            ``(2) Specific bus component negotiated rulemaking.--
                    ``(A) Initiation.--Not later than 120 days after 
                the date of enactment of the INVEST in America Act, the 
                Secretary shall initiate procedures under subchapter 
                III of chapter 5 of title 5 to negotiate and issue such 
                regulations as are necessary to establish as limited a 
                list as is practicable of bus components and 
                subcomponents described in subparagraph (B).
                    ``(B) List of components.--The regulations required 
                under subparagraph (A) shall establish a list of bus 
                components and subcomponents that may be specified in a 
                request for proposals described in paragraph (1) by a 
                recipient. The Secretary shall ensure the list is 
                limited in scope and limited to only components and 
                subcomponents that cannot be selected with performance 
                specifications to ensure interoperability.
                    ``(C) Publication of proposed regulations.--
                Proposed regulations to implement this section shall be 
                published in the Federal Register by the Secretary not 
                later than 18 months after such date of enactment.
                    ``(D) Committee.--A negotiated rulemaking committee 
                established pursuant to section 565 of title 5 to carry 
                out this paragraph shall have a maximum of 11 members 
                limited to representatives of the Department of 
                Transportation, urban and rural recipients (including 
                State government recipients), and transit vehicle 
                manufacturers.
                    ``(E) Extension of deadlines.--A deadline set forth 
                in subparagraph (C) may be extended up to 180 days if 
                the negotiated rulemaking committee referred to in 
                subparagraph (D) concludes that the committee cannot 
                meet the deadline and the Secretary so notifies the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
            ``(3) Savings clause.--Nothing in this section shall be 
        construed to provide additional authority for the Secretary to 
        restrict what a bus manufacturer offers to sell to a public 
        transportation agency.''.

SEC. 2303. BUS TESTING FACILITY.

    Section 5318 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Testing Schedule.--The Secretary shall--
            ``(1) determine eligibility of a bus manufacturer's request 
        for testing within 10 business days; and
            ``(2) make publicly available the current backlog (in 
        months) to begin testing a new bus at the bus testing 
        facility.''.

                     Subtitle D--Bus Grant Reforms

SEC. 2401. FORMULA GRANTS FOR BUSES.

    Section 5339(a) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and subsection (d)'' after ``In 
                this subsection'';
                    (B) in subparagraph (A) by striking ``term `low or 
                no emission vehicle' has'' and inserting ``term `zero 
                emission vehicle' has'';
                    (C) in subparagraph (B) by inserting ``and the 
                District of Columbia'' after ``United States''; and
                    (D) in subparagraph (C) by striking ``the District 
                of Columbia,'';
            (2) in paragraph (2)(A) by striking ``low or no emission 
        vehicles'' and inserting ``zero emission vehicles'';
            (3) in paragraph (4)--
                    (A) in subparagraph (A) by inserting ``and 
                subsection (d)'' after ``this subsection''; and
                    (B) in subparagraph (B) by inserting ``and 
                subsection (d)'' after ``this subsection'';
            (4) in paragraph (5)(A)--
                    (A) by striking ``$90,500,000'' and inserting 
                ``$156,750,000'';
                    (B) by striking ``2016 through 2020'' and inserting 
                ``2022 through 2025'';
                    (C) by striking ``$1,750,000'' and inserting 
                ``$3,000,000''; and
                    (D) by striking ``$500,000'' and inserting 
                ``$750,000'';
            (5) in paragraph (8) by striking ``3 fiscal years'' and 
        inserting ``4 fiscal years'' each place such term appears; and
            (6) by striking paragraph (9).

SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COMPETITIVE GRANTS.

    Section 5339(b) of title 49, United States Code, is amended--
            (1) in the heading by striking ``Buses and Bus Facilities 
        Competitive Grants'' and inserting ``Bus Facilities and Fleet 
        Expansion Competitive Grants'';
            (2) in paragraph (1)--
                    (A) by striking ``buses and'';
                    (B) by inserting ``and certain buses'' after 
                ``capital projects'';
                    (C) in subparagraph (A) by striking ``buses or 
                related equipment'' and inserting ``bus-related 
                facilities''; and
                    (D) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) purchasing or leasing buses that will not 
                replace buses in the applicant's fleet at the time of 
                application and will be used to--
                            ``(i) increase the frequency of bus 
                        service; or
                            ``(ii) increase the service area of the 
                        applicant.''; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Grant considerations.--In making grants--
                    ``(A) under subparagraph (1)(A), the Secretary 
                shall only consider--
                            ``(i) the age and condition of bus-related 
                        facilities of the applicant compared to all 
                        applicants and proposed improvements to the 
                        resilience (as such term is defined in section 
                        5302) of such facilities;
                            ``(ii) for a facility within or partially 
                        within the 100-year floodplain, whether such 
                        facility will be at least 2 feet above the base 
                        flood elevation; and
                            ``(iii) for a bus station, the degree of 
                        multi-modal connections at such station; and
                    ``(B) under paragraph (1)(B), the Secretary shall 
                consider the improvements to headway and projected new 
                ridership.''.

SEC. 2403. ZERO EMISSION BUS GRANTS.

    (a) In General.--Section 5339(c) of title 49, United States Code, 
is amended--
            (1) in the heading by striking ``Low or No Emission 
        Grants'' and inserting ``Zero Emission Grants'';
            (2) in paragraph (1)--
                    (A) in subparagraph (B)--
                            (i) in clause (i) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                            (ii) in clause (ii) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                            (iii) in clause (iii) by striking ``low or 
                        no emission'' and inserting ``zero emission'';
                            (iv) in clause (iv) by striking 
                        ``facilities and related equipment for low or 
                        no emission'' and inserting ``related equipment 
                        for zero emission'';
                            (v) in clause (v) by striking ``facilities 
                        and related equipment for low or no emission 
                        vehicles;'' and inserting ``related equipment 
                        for zero emission vehicles; or'';
                            (vi) in clause (vii) by striking ``low or 
                        no emission'' and inserting ``zero emission'';
                            (vii) by striking clause (vi); and
                            (viii) by redesignating clause (vii) as 
                        clause (vi);
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) the term `zero emission bus' means a bus that 
                is a zero emission vehicle;'';
                    (C) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) the term `zero emission vehicle' means a 
                vehicle used to provide public transportation that 
                produces no carbon dioxide or particulate matter;''; 
                and
                    (D) by striking subparagraph (G) and inserting the 
                following:
                    ``(G) the term `eligible area' means an area that 
                is--
                            ``(i) designated as a nonattainment area 
                        for ozone or particulate matter under section 
                        107(d) of the Clean Air Act (42 U.S.C. 
                        7407(d)); or
                            ``(ii) a maintenance area, as such term is 
                        defined in section 5303, for ozone or 
                        particulate matter.''; and
            (3) by striking paragraph (5) and inserting the following:
            ``(5) Grant eligibility.--In awarding grants under this 
        subsection, the Secretary shall make grants to eligible 
        projects relating to the acquisition or leasing of zero 
        emission buses or bus facility improvements--
                    ``(A) that procure--
                            ``(i) at least 10 zero emission buses; or
                            ``(ii) if the recipient operates less than 
                        50 buses in peak service, at least 5 zero 
                        emission buses;
                    ``(B) for which the recipient's board of directors 
                has approved a long-term integrated fleet management 
                plan that--
                            ``(i) establishes a goal by a set date to 
                        convert the entire bus fleet to zero emission 
                        buses; or
                            ``(ii) establishes a goal that within 10 
                        years from the date of approval of such plan 
                        the recipient will convert a set percentage of 
                        the total bus fleet of such recipient to zero 
                        emission buses; and
                    ``(C) for which the recipient has performed a fleet 
                transition study that includes optimal route planning 
                and an analysis of how utility rates may impact the 
                recipient's operations and maintenance budget.''.
    (b) Metropolitan Transportation Planning.--Section 5303(b) of title 
49, United States Code, is amended by adding at the end the following:
            ``(8) Maintenance area.--The term `maintenance area' has 
        the meaning given the term in sections 171(2) and 175A of the 
        Clean Air Act (42 U.S.C. 7501(2); 7505a).''.

SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.

    Section 5339 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Restoration to State of Good Repair Formula Subgrant.--
            ``(1) General authority.--The Secretary may make grants 
        under this subsection to assist eligible recipients and 
        subrecipients described in paragraph (2) in financing capital 
        projects to replace, rehabilitate, and purchase buses and 
        related equipment.
            ``(2) Eligible recipients and subrecipients.--Not later 
        than September 1 annually, the Secretary shall make public a 
        list of eligible recipients and subrecipients based on the most 
        recent data available in the National Transit Database to 
        calculate the 20 percent of eligible recipients and 
        subrecipients with the highest percentage of asset vehicle 
        miles for buses beyond the useful life benchmark established by 
        the Federal Transit Administration.
            ``(3) Urban apportionments.--Funds allocated under section 
        5338(a)(2)(L)(ii) shall be--
                    ``(A) distributed to--
                            ``(i) designated recipients in an urbanized 
                        area with a population of more than 200,000 
                        made eligible by paragraph (1); and
                            ``(ii) States based on subrecipients made 
                        eligible by paragraph (1) in an urbanized area 
                        under 200,000; and
                    ``(B) allocated pursuant to the formula set forth 
                in section 5336 other than subsection (b).
            ``(4) Rural allocation.--The Secretary shall--
                    ``(A) calculate the percentage of funds under 
                section 5338(a)(2)(L)(ii) to allocate to rural 
                subrecipients by dividing--
                            ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) of the 
                        rural subrecipients described in paragraph (2); 
                        by
                            ``(ii) the total asset vehicle miles for 
                        buses beyond such benchmark of all eligible 
                        recipients and subrecipients described in 
                        paragraph (2); and
                    ``(B) prior to the allocation described in 
                paragraph (3)(B), apportion to each State the amount of 
                the total rural allocation calculated under 
                subparagraph (A) attributable to such State based the 
                proportion that--
                            ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) for 
                        rural subrecipients described in paragraph (2) 
                        in such State; bears to
                            ``(ii) the total asset vehicle miles 
                        described in subparagraph (A)(i).
            ``(5) Application of other provisions.--Paragraphs (3), 
        (7), and (8) of subsection (a) shall apply to eligible 
        recipients and subrecipients described in paragraph (2) of a 
        grant under this subsection.
            ``(6) Prohibition.--No eligible recipient or subrecipient 
        outside the top 5 percent of asset vehicle miles for buses 
        beyond the useful life benchmark established by the Federal 
        Transit Administration may receive a grant in both fiscal year 
        2022 and fiscal year 2023.
            ``(7) Requirement.--The Secretary shall require--
                    ``(A) States to expend, to the benefit of the 
                subrecipients eligible under paragraph (2), the 
                apportioned funds attributed to such subrecipients; and
                    ``(B) designated recipients to provide the 
                allocated funds to the recipients eligible under 
                paragraph (2) the apportioned funds attributed to such 
                recipients.''.

                   Subtitle E--Supporting All Riders

SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.

    Section 5336(j) of title 49, United States Code, is amended
            (1) in paragraph (1) by striking ``75 percent'' and 
        inserting ``50 percent'';
            (2) in paragraph (2) by striking ``25 percent'' and 
        inserting ``12.5 percent''; and
            (3) by adding at the end the following:
            ``(3) 30 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population of 
        200,000 or more in the ratio that--
                    ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                    ``(B) the number of individuals in all such 
                urbanized areas residing in an urban census tract with 
                a poverty rate of at least 20 percent during the 5 
                years most recently ending; and
            ``(4) 7.5 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population 
        less than 200,000 in the ratio that--
                    ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                    ``(B) the number of individuals in all such areas 
                residing in an urban census tract with a poverty rate 
                of at least 20 percent during the 5 years most recently 
                ending.''.

SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.

    Section 5311 of title 49, United States Code, as amended in section 
2204, is further amended--
            (1) in subsection (a) by adding at the end the following:
            ``(3) Persistent poverty county.--The term `persistent 
        poverty county' means any county with a poverty rate of at 
        least 20 percent--
                    ``(A) as determined in each of the 1990 and 2000 
                decennial censuses;
                    ``(B) in the Small Area Income and Poverty 
                Estimates of the Bureau of the Census for the most 
                recent year for which the estimates are available; and
                    ``(C) has at least 25 percent of its population in 
                rural areas.'';
            (2) in subsection (b)(2)(C)(i) by inserting ``and 
        persistent poverty counties'' before the semicolon; and
            (3) in subsection (c) by striking paragraph (2) and 
        inserting the following:
            ``(2) Persistent poverty public transportation assistance 
        program.--
                    ``(A) In general.--The Secretary shall carry out a 
                public transportation assistance program for areas of 
                persistent poverty.
                    ``(B) Apportionment.--Of amounts made available or 
                appropriated for each fiscal year under section 
                5338(a)(2)(E)(ii) to carry out this paragraph, the 
                Secretary shall apportion funds to recipients for 
                service in, or directly benefitting, persistent poverty 
                counties for any eligible purpose under this section in 
                the ratio that--
                            ``(i) the number of individuals in each 
                        such rural area residing in a persistent 
                        poverty county; bears to
                            ``(ii) the number of individuals in all 
                        such rural areas residing in a persistent 
                        poverty county.''.

SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.

    Section 5312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Demonstration Grants to Support Reduced Fare Transit.--
            ``(1) In general.--Not later than 300 days after the date 
        of enactment of the INVEST in America Act, the Secretary shall 
        award grants (which shall be known as `Access to Jobs Grants') 
        to eligible entities, on a competitive basis, to implement 
        reduced fare transit service.
            ``(2) Notice.--Not later than 180 days after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        provide notice to eligible entities of the availability of 
        grants under paragraph (1).
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including, at a minimum, the following:
                    ``(A) A description of how the eligible entity 
                plans to implement reduced fare transit access with 
                respect to low-income individuals, including any 
                eligibility requirements for such transit access.
                    ``(B) A description of how the eligible entity will 
                consult with local community stakeholders, labor 
                unions, local education agencies and institutions of 
                higher education, public housing agencies, and 
                workforce development boards in the implementation of 
                reduced fares.
                    ``(C) A description of the eligible entity's 
                current fare evasion enforcement policies, including 
                how the eligible entity plans to use the reduced fare 
                program to reduce fare evasion.
                    ``(D) An estimate of additional costs to such 
                eligible entity as a result of reduced transit fares.
            ``(4) Grant duration.--Grants awarded under this subsection 
        shall be for a 2-year period.
            ``(5) Selection of eligible recipients.--In carrying out 
        the program under this subsection, the Secretary shall award 
        not more than 20 percent of grants to eligible entities located 
        in rural areas.
            ``(6) Uses of funds.--An eligible entity receiving a grant 
        under this subsection shall use such grant to implement a 
        reduced fare transit program and offset lost fare revenue.
            ``(7) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means a State, local, or Tribal governmental entity 
                that operates a public transportation service and is a 
                recipient or subrecipient of funds under this chapter.
                    ``(B) Low-income individual.--The term `low-income 
                individual' means an individual--
                            ``(i) that has qualified for--
                                    ``(I) any program of medical 
                                assistance under a State plan or under 
                                a waiver of the plan under title XIX of 
                                the Social Security Act (42 U.S.C. 1396 
                                et seq.);
                                    ``(II) supplemental nutrition 
                                assistance program (SNAP) under the 
                                Food and Nutrition Act of 2008 (7 
                                U.S.C. 2011 et seq.);
                                    ``(III) the program of block grants 
                                for States for temporary assistance for 
                                needy families (TANF) established under 
                                part A of title IV of the Social 
                                Security Act (42 U.S.C. 601 et seq.);
                                    ``(IV) the free and reduced price 
                                school lunch program established under 
                                the Richard B. Russell National School 
                                Lunch Act (42 U.S.C. 1751 et seq.);
                                    ``(V) a housing voucher through 
                                section 8(o) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(o));
                                    ``(VI) benefits under the Low-
                                Income Home Energy Assistance Act of 
                                1981; or
                                    ``(VII) special supplemental food 
                                program for women, infants and children 
                                (WIC) under section 17 of the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1786); 
                                or
                            ``(ii) whose family income is at or below a 
                        set percent (as determined by the eligible 
                        recipient) of the poverty line (as that term is 
                        defined in section 673(2) of the Community 
                        Service Block Grant Act (42 U.S.C. 9902(2)), 
                        including any revision required by that 
                        section) for a family of the size involved.
            ``(8) Report.--The Secretary shall designate a university 
        transportation center under section 5505 to collaborate with 
        the eligible entities receiving a grant under this subsection 
        to collect necessary data to evaluate the effectiveness of 
        meeting the targets described in the application of such 
        recipient, including increased ridership and progress towards 
        significantly closing transit equity gaps.''.

     Subtitle F--Supporting Frontline Workers and Passenger Safety

SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.

    Section 5314(b) of title 49, United States Code, is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) National transit frontline workforce training 
        center.--
                    ``(A) Establishment.--The Secretary shall establish 
                a national transit frontline workforce training center 
                (hereinafter referred to as the `Center') and award 
                grants to a nonprofit organization with a demonstrated 
                capacity to develop and provide transit career ladder 
                programs through labor-management partnerships and 
                apprenticeships on a nationwide basis, in order to 
                carry out the duties under subparagraph (B). The Center 
                shall be dedicated to the needs of the frontline 
                transit workforce in both rural and urban transit 
                systems by providing standards-based training in the 
                maintenance and operations occupations.
                    ``(B) Duties.--
                            ``(i) In general.--In cooperation with the 
                        Administrator of the Federal Transit 
                        Administration, public transportation 
                        authorities, and national entities, the Center 
                        shall develop and conduct training and 
                        educational programs for frontline local 
                        transportation employees of recipients eligible 
                        for funds under this chapter.
                            ``(ii) Training and educational programs.--
                        The training and educational programs developed 
                        under clause (i) may include courses in recent 
                        developments, techniques, and procedures 
                        related to--
                                    ``(I) developing consensus national 
                                training standards in partnership with 
                                industry stakeholders for key frontline 
                                transit occupations with demonstrated 
                                skill gaps;
                                    ``(II) developing national systems 
                                of qualification and apprenticeship for 
                                transit maintenance and operations 
                                occupations;
                                    ``(III) building local, regional, 
                                and statewide transit training 
                                partnerships to identify and address 
                                workforce skill gaps and develop skills 
                                needed for delivering quality transit 
                                service and supporting employee career 
                                advancement;
                                    ``(IV) developing programs for 
                                training of transit frontline workers, 
                                instructors, mentors, and labor-
                                management partnership representatives, 
                                in the form of classroom, hands-on, on-
                                the-job, and web-based training, 
                                delivered at a national center, 
                                regionally, or at individual transit 
                                agencies;
                                    ``(V) developing training programs 
                                for skills related to existing and 
                                emerging transit technologies, 
                                including zero emission buses;
                                    ``(VI) developing improved capacity 
                                for safety, security, and emergency 
                                preparedness in local transit systems 
                                and in the industry as a whole 
                                through--
                                            ``(aa) developing the role 
                                        of the transit frontline 
                                        workforce in building and 
                                        sustaining safety culture and 
                                        safety systems in the industry 
                                        and in individual public 
                                        transportation systems; and
                                            ``(bb) training to address 
                                        transit frontline worker roles 
                                        in promoting health and safety 
                                        for transit workers and the 
                                        riding public;
                                    ``(VII) developing local transit 
                                capacity for career pathways 
                                partnerships with schools and other 
                                community organizations for recruiting 
                                and training under-represented 
                                populations as successful transit 
                                employees who can develop careers in 
                                the transit industry; and
                                    ``(VIII) in collaboration with the 
                                Administrator of the Federal Transit 
                                Administration and organizations 
                                representing public transit agencies, 
                                conducting and disseminating research 
                                to--
                                            ``(aa) provide transit 
                                        workforce job projections and 
                                        identify training needs and 
                                        gaps;
                                            ``(bb) determine the most 
                                        cost-effective methods for 
                                        transit workforce training and 
                                        development, including return 
                                        on investment analysis;
                                            ``(cc) identify the most 
                                        effective methods for 
                                        implementing successful safety 
                                        systems and a positive safety 
                                        culture; and
                                            ``(dd) promote transit 
                                        workforce best practices for 
                                        achieving cost-effective, 
                                        quality, safe, and reliable 
                                        public transportation services.
                    ``(C) Coordination.--The Secretary shall coordinate 
                activities under this section, to the maximum extent 
                practicable, with the National Office of Apprenticeship 
                of the Department of Labor and the Office of Career, 
                Technical, and Adult Education of the Department of 
                Education.
                    ``(D) Availability of amounts.--
                            ``(i) In general.--Not more than 1 percent 
                        of amounts made available to a recipient under 
                        sections 5307, 5311, 5337, and 5339 is 
                        available for expenditures by the recipient, 
                        with the approval of the Secretary, to pay not 
                        more than 80 percent of the cost of eligible 
                        activities under this subsection.
                            ``(ii) Existing programs.--A recipient may 
                        use amounts made available under clause (i) to 
                        carry out existing local education and training 
                        programs for public transportation employees 
                        supported by the Secretary, the Department of 
                        Labor, or the Department of Education.'';
            (2) in paragraph (3) by striking ``or (2)''; and
            (3) by striking paragraph (4).

SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.

    Section 5329 of title 49, United States Code, is amended--
            (1) in subsection (b)(2)(C)(ii)--
                    (A) in subclause (I) by striking ``and'' at the 
                end;
                    (B) in subclause (II) by striking the semicolon and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                                    ``(III) innovations in driver 
                                assistance technologies and driver 
                                protection infrastructure where 
                                appropriate.'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by inserting ``the 
                        safety committee established under paragraph 
                        (4), and subsequently,'' before ``the board of 
                        directors'';
                            (ii) in subparagraph (C) by striking 
                        ``public, personnel, and property'' and 
                        inserting ``public and personnel to injuries, 
                        assaults, and fatalities, and strategies to 
                        minimize the exposure of property'';
                            (iii) by striking subparagraph (G) and 
                        inserting the following:
                    ``(G) a comprehensive staff training program for 
                the operations and maintenance personnel and personnel 
                directly responsible for safety of the recipient that 
                includes--
                            ``(i) the completion of a safety training 
                        program;
                            ``(ii) continuing safety education and 
                        training; and
                            ``(iii) de-escalation training; and
                    ``(H) a requirement that the safety committee only 
                approve a safety plan under subparagraph (A) if such 
                plan does not amend, modify or conflict with the 
                recipient's fiscal budget.''; and
                    (B) by adding at the end the following:
            ``(4) Safety committee.--For purposes of the approval 
        process of an agency safety plan under paragraph (1), the 
        safety committee shall be convened by a joint labor-management 
        process and consist of an equal number of--
                    ``(A) frontline employee representatives, selected 
                by the labor organization representing the plurality of 
                the frontline workforce employed by the recipient, if 
                applicable; and
                    ``(B) employer or State representatives.''; and
            (3) in subsection (e)(4)(A)(v) by inserting ``, 
        inspection,'' after ``has investigative''.

SEC. 2603. AUTOMATED VEHICLE TRANSIT WORKFORCE STANDARDS.

    (a) Prohibition on Use of Funds.--No financial assistance under 
chapter 53 of title 49, United States Code, may be used for an 
automated vehicle providing public transportation unless--
            (1) the recipient of such assistance that proposes to 
        deploy an automated vehicle providing public transportation 
        certifies to the Secretary of Transportation that the 
        deployment does not duplicate, eliminate, or reduce the 
        frequency of existing public transportation service; and
            (2) the Secretary receives, approves, and publishes the 
        workforce development plan under subsection (b) submitted by 
        the eligible entity when required by subsection (b)(1).
    (b) Workforce Development Plan.--
            (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, proposing to deploy 
        an automated vehicle providing public transportation shall 
        submit to the Secretary, prior to implementation of such 
        service, a workforce development plan if such service, combined 
        with any other automated vehicle providing public 
        transportation offered by such recipient, would exceed by more 
        than 0.5 percent of the recipient's total transit passenger 
        miles traveled.
            (2) Contents.--The workforce development plan under 
        subsection (a) shall include the following:
                    (A) A description of services offered by existing 
                modes of public transportation in the area served by 
                the recipient that could be affected by the proposed 
                automated vehicle providing public transportation, 
                including jobs and functions of such jobs.
                    (B) A forecast of the number of jobs provided by 
                existing modes of public transportation that would be 
                eliminated or that would be substantially changed and 
                the number of jobs expected to be created by the 
                proposed automated vehicle providing public 
                transportation over a 5-year period from the date of 
                the publication of the workforce development plan.
                    (C) Identified gaps in skills needed to operate and 
                maintain the proposed automated vehicle providing 
                public transportation.
                    (D) A comprehensive plan to transition, train, or 
                retrain employees that could be affected by the 
                proposed automated vehicle providing public 
                transportation.
                    (E) An estimated budget to transition, train, or 
                retrain employees impacted by the proposed automated 
                vehicle providing public transportation over a 5-year 
                period from the date of the publication of the 
                workforce development plan.
    (c) Notice Required.--
            (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, shall issue a 
        notice to employees who, due to the use of an automated vehicle 
        providing public transportation, may be subjected to a loss of 
        employment or a change in responsibilities not later than 60 
        days before issuing a request for proposals to procure or 
        contract for such a vehicle.
            (2) Content.--The notice required in paragraph (1) shall 
        include the following:
                    (A) A description of the automated vehicle 
                providing public transportation.
                    (B) The impact of the automated vehicle providing 
                public transportation on employment positions, 
                including a description of which employment positions 
                will be affected and whether any new positions will be 
                created.
    (d) Definitions.--In this section:
            (1) Automated vehicle.--The term ``automated vehicle'' 
        means a motor vehicle that--
                    (A) is capable of performing the entire task of 
                driving (including steering, accelerating and 
                decelerating, and reacting to external stimulus) 
                without human intervention; and
                    (B) is designed to be operated exclusively by a 
                Level 4 or Level 5 automated driving system for all 
                trips according to the recommended practice standards 
                published on June 15, 2018, by the Society of 
                Automotive Engineers International (J3016_201806) or 
                equivalent standards adopted by the Secretary with 
                respect to automated motor vehicles.
            (2) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302 of title 49, United States Code.

SEC. 2604. PERFORMANCE-BASED METRICS.

    Section 5329(d)(2) of title 49, United States Code, is amended to 
read as follows:
            ``(2) Performance-based metrics special rule.--
                    ``(A) In general.--
                            ``(i) Population over 200,000.--With 
                        respect to a recipient serving an urbanized 
                        area with a population of over 200,000 that 
                        receives funds under section 5307, for each 
                        reported exceeded metric in a fiscal year, such 
                        recipient shall allocate 2.5 percent of such 
                        funds for the subsequent 2 fiscal years to 
                        projects described in subparagraph (B).
                            ``(ii) Population of 200,000 or less.--With 
                        respect to a recipient serving an urbanized 
                        area with a population of 200,000 or less that 
                        receives funds under section 5307, if such 
                        recipient submits a reported exceeded metric 
                        for the performance-based metric described in 
                        subparagraph (C)(i)(III), such recipient shall 
                        allocate 2.5 percent of such funds for the 
                        subsequent 2 fiscal years to projects described 
                        in subparagraph (B).
                    ``(B) Eligible projects.--Funds set aside under 
                this paragraph shall be used for projects that are 
                reasonably likely to reduce injuries and fatalities 
                identified in a reported exceeded metric, including 
                state of good repair projects, increased safety 
                inspections, modifications to rolling stock, and de-
                escalation training.
                    ``(C) Definitions.--In this paragraph:
                            ``(i) Performance-based metric.--The term 
                        `performance-based metric' means the number 
                        of--
                                    ``(I) passenger and workforce 
                                injuries by total revenue vehicle miles 
                                attributed to rail;
                                    ``(II) passenger and workforce 
                                fatalities by total revenue vehicle 
                                miles attributed to rail;
                                    ``(III) passenger and workforce 
                                injuries by total revenue vehicle miles 
                                attributed to buses; and
                                    ``(IV) passenger and workforce 
                                fatalities by total revenue vehicle 
                                miles attributed to buses.
                            ``(ii) Reported exceeded metric.--The term 
                        `reported exceeded metric' means a performance-
                        based metric based on a recipient report to the 
                        National Transit Database that demonstrates 
                        such metric exceeds the national average (as 
                        determined by the Secretary) by 50 percent in a 
                        fiscal year.''.

               Subtitle G--Transit-Supportive Communities

SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.

    (a) In General.--Chapter 53 of subtitle III of title 49, United 
States Code, is amended by inserting after section 5327 the following:
``Sec. 5328. Transit-supportive communities
    ``(a) Establishment.--The Secretary shall establish within the 
Federal Transit Administration, an Office of Transit-Supportive 
Communities to make grants, provide technical assistance, and assist in 
the coordination of transit and housing policies within the Federal 
Transit Administration, the Department of Transportation, and across 
the Federal Government.
    ``(b) Transit Oriented Development Planning Grant Program.--
            ``(1) Definition.--In this subsection the term `eligible 
        project' means--
                    ``(A) a new fixed guideway capital project or a 
                core capacity improvement project as defined in section 
                5309;
                    ``(B) an existing fixed guideway system, or an 
                existing station that is served by a fixed guideway 
                system; or
                    ``(C) the immediate corridor along the highest 25 
                percent of routes by ridership as demonstrated in 
                section 5336(b)(2)(B).
            ``(2) General authority.--The Secretary may make grants 
        under this subsection to a State or local governmental 
        authority to assist in financing comprehensive planning 
        associated with an eligible project that seeks to--
                    ``(A) enhance economic development, ridership, and 
                other goals established during the project development 
                and engineering processes or the grant application;
                    ``(B) facilitate multimodal connectivity and 
                accessibility;
                    ``(C) increase access to transit hubs for 
                pedestrian and bicycle traffic;
                    ``(D) enable mixed-use development;
                    ``(E) identify infrastructure needs associated with 
                the eligible project; and
                    ``(F) include private sector participation.
            ``(3) Eligibility.--A State or local governmental authority 
        that desires to participate in the program under this 
        subsection shall submit to the Secretary an application that 
        contains at a minimum--
                    ``(A) an identification of an eligible project;
                    ``(B) a schedule and process for the development of 
                a comprehensive plan;
                    ``(C) a description of how the eligible project and 
                the proposed comprehensive plan advance the 
                metropolitan transportation plan of the metropolitan 
                planning organization;
                    ``(D) proposed performance criteria for the 
                development and implementation of the comprehensive 
                plan;
                    ``(E) a description of how the project will reduce 
                and mitigate social and economic impacts on existing 
                residents and businesses vulnerable to displacement; 
                and
                    ``(F) identification of--
                            ``(i) partners;
                            ``(ii) availability of and authority for 
                        funding; and
                            ``(iii) potential State, local or other 
                        impediments to the implementation of the 
                        comprehensive plan.
            ``(4) Cost share.--A grant under this subsection shall not 
        exceed an amount in excess of 80 percent of total project 
        costs, except that a grant that includes an affordable housing 
        component shall not exceed an amount in excess of 90 percent of 
        total project costs.
    ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance to local governmental authorities and states in the planning 
and development of transit-oriented development projects and transit 
supportive corridor policies, including--
            ``(1) the siting, planning, financing, and integration of 
        transit-oriented development projects;
            ``(2) the integration of transit-oriented development and 
        transit-supportive corridor policies in the preparation for and 
        development of an application for funding under section 602 of 
        title 23;
            ``(3) the siting, planning, financing, and integration of 
        transit-oriented development and transit supportive corridor 
        policies associated with projects under section 5309;
            ``(4) the development of housing feasibility assessments as 
        allowed under section 5309(g)(3)(B);
            ``(5) the development of transit-supportive corridor 
        policies that promote transit ridership and transit-oriented 
        development;
            ``(6) the development, implementation, and management of 
        land value capture programs; and
            ``(7) the development of model contracts, model codes, and 
        best practices for the implementation of transit-oriented 
        development projects and transit-supportive corridor policies.
    ``(d) Equity.--In providing technical assistance under subsection 
(c), the Secretary shall incorporate strategies to promote equity for 
underrepresented and underserved communities, including--
            ``(1) preventing displacement of existing residents and 
        businesses;
            ``(2) mitigating rent and housing price increases;
            ``(3) incorporating affordable rental and ownership housing 
        in transit-oriented development;
            ``(4) engaging under-served, limited English proficiency, 
        low income, and minority communities in the planning process; 
        and
            ``(5) fostering economic development opportunities for 
        existing residents and businesses.
    ``(e) Authority to Request Staffing Assistance.--In fulfilling the 
duties of this section, the Secretary shall, as needed, request 
staffing and technical assistance from other Federal agencies, 
programs, administrations, boards, or commissions.
    ``(f) Review Existing Policies and Programs.--Not later than 24 
months after the date of enactment of this section, the Secretary shall 
review and evaluate all existing policies and programs within the 
Federal Transit Administration that support or promote transit-oriented 
development to ensure their coordination and effectiveness relative to 
the goals of this section.
    ``(g) Reporting.--Not later than February 1 of each year beginning 
the year after the date of enactment of this section, the Secretary 
shall prepare a report detailing the grants and technical assistance 
provided under this section. The report shall be provided to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Banking, Housing and Urban Affairs 
of the Senate.
    ``(h) Savings Clause.--Nothing in this section authorizes the 
Secretary to provide any financial assistance for the construction of 
housing.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of subtitle 
III of title 49, United States Code, is amended by inserting after the 
item relating to section 5327 the following:

``5328. Transit-supportive communities.''.
    (c) Technical and Conforming Amendment.--Section 20005 of the MAP-
21 (Public Law 112-141) is amended--
            (1) by striking ``(a) Amendment.--''; and
            (2) by striking subsection (b).

SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.

    Section 5334(h)(1) of title 49, United States Code, is amended to 
read as follows:
            ``(1) In general.--If a recipient of assistance under this 
        chapter decides an asset acquired under this chapter at least 
        in part with that assistance is no longer needed for the 
        purpose for which such asset was acquired, the Secretary may 
        authorize the recipient to transfer such asset to--
                    ``(A) a local governmental authority to be used for 
                a public purpose with no further obligation to the 
                Government if the Secretary decides--
                            ``(i) the asset will remain in public use 
                        for at least 5 years after the date the asset 
                        is transferred;
                            ``(ii) there is no purpose eligible for 
                        assistance under this chapter for which the 
                        asset should be used;
                            ``(iii) the overall benefit of allowing the 
                        transfer is greater than the interest of the 
                        Government in liquidation and return of the 
                        financial interest of the Government in the 
                        asset, after considering fair market value and 
                        other factors; and
                            ``(iv) through an appropriate screening or 
                        survey process, that there is no interest in 
                        acquiring the asset for Government use if the 
                        asset is a facility or land; or
                    ``(B) a local governmental authority, nonprofit 
                organization, or other third party entity to be used 
                for the purpose of transit-oriented development with no 
                further obligation to the Government if the Secretary 
                decides--
                            ``(i) the asset is a necessary component of 
                        a proposed transit-oriented development 
                        project;
                            ``(ii) the transit-oriented development 
                        project will increase transit ridership;
                            ``(iii) at least 15 percent of the housing 
                        units offered in the transit-oriented 
                        development are legally binding affordability 
                        restricted to tenants with incomes below 60 
                        percent of the area median income and/or owners 
                        with incomes below 60 percent the area median 
                        income;
                            ``(iv) the asset will remain in use as 
                        described in this section for at least 15 years 
                        after the date the asset is transferred; and
                            ``(v) with respect to a transfer to a third 
                        party entity--
                                    ``(I) a local government authority 
                                or nonprofit organization is unable to 
                                receive the property; and
                                    ``(II) the overall benefit of 
                                allowing the transfer is greater than 
                                the interest of the Government in 
                                liquidation and return of the financial 
                                interest of the Government in the 
                                asset, after considering fair market 
                                value and other factors.''.

SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.

    Section 5309 of title 49, United States Code, is amended--
            (1) in subsection (g)--
                    (A) in paragraph (2)(B)--
                            (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) in the case of a new fixed guideway 
                        capital project or a core capacity improvement 
                        project, allow a weighting five points greater 
                        to the economic development subfactor and five 
                        points lesser to the lowest scoring subfactor 
                        if the applicant demonstrates substantial 
                        efforts to preserve or encourage affordable 
                        housing near the project by providing 
                        documentation of policies that allow by-right 
                        multi-family housing, single room occupancy 
                        units, or accessory dwelling units, providing 
                        local capital sources for transit-oriented 
                        development, or demonstrate other methods as 
                        determined by the Secretary.''; and
                    (B) in paragraph (3), as amended by this Act, by 
                adding at the end the following:
                    ``(B) establish a warrant that applies to the 
                economic development project justification criteria, 
                provided that the applicant that requests a warrant 
                under this process has completed and submitted a 
                housing feasibility assessment.''; and
            (2) in subsection (l)(4)--
                    (A) in subparagraph (B) by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (C) by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(D) from grant proceeds distributed under section 
                103 of the Housing and Community Development Act of 
                1974 (42 U.S.C. 5303) or section 201 of the Public 
                Works and Economic Development Act of 1965 (42 U.S.C. 
                3141) provided that--
                            ``(i) such funds are used in conjunction 
                        with the planning or development of affordable 
                        housing; and
                            ``(ii) such affordable housing is located 
                        within one-half of a mile of a new station.''.

                         Subtitle H--Innovation

SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.

    Section 5312(d) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) Mobility innovation sandbox program.--The Secretary 
        may make funding available under this subsection to carry out 
        research on mobility on demand and mobility as a service 
        activities eligible under section 5316.''.

SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.

    Section 5312(d) of title 49, United States Code, is further amended 
by adding at the end the following:
            ``(4) Transit bus operator compartment redesign program.--
                    ``(A) In general.--The Secretary may make funding 
                available under this subsection to carry out research 
                on redesigning transit bus operator compartments to 
                improve safety, operational efficiency, and passenger 
                accessibility.
                    ``(B) Objectives.--Research objectives under this 
                paragraph shall include--
                            ``(i) increasing bus operator safety from 
                        assaults;
                            ``(ii) optimizing operator visibility and 
                        reducing operator distractions to improve 
                        safety of bus passengers, pedestrians, 
                        bicyclists, and other roadway users;
                            ``(iii) expanding passenger accessibility 
                        for positive interactions between operators and 
                        passengers, including assisting passengers in 
                        need of special assistance;
                            ``(iv) accommodating compliance for 
                        passenger boarding, alighting, and securement 
                        with the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.); and
                            ``(v) improving ergonomics to reduce bus 
                        operator work-related health issues and 
                        injuries, as well as locate key instrument and 
                        control interfaces to improve operational 
                        efficiency and convenience.
                    ``(C) Activities.--Eligible activities under this 
                paragraph shall include--
                            ``(i) measures to reduce visibility 
                        impairments and distractions for bus operators 
                        that contribute to accidents, including 
                        retrofits to buses in revenue service and 
                        specifications for future procurements that 
                        reduce visibility impairments and distractions;
                            ``(ii) the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations;
                            ``(iii) technologies to improve passenger 
                        accessibility, including boarding, alighting, 
                        and securement in compliance with the Americans 
                        with Disabilities Act of 1990 (42 U.S.C. 12101 
                        et seq.);
                            ``(iv) installation of seating and 
                        modification to design specifications of bus 
                        operator workstations that reduce or prevent 
                        injuries from ergonomic risks; or
                            ``(v) other measures that align with the 
                        objectives under subparagraph (B).
                    ``(D) Eligible entities.--Entities eligible to 
                receive funding under this paragraph shall include 
                consortia consisting of, at a minimum:
                            ``(i) recipients of funds under this 
                        chapter that provide public transportation 
                        services;
                            ``(ii) transit vehicle manufacturers;
                            ``(iii) representatives from organizations 
                        engaged in collective bargaining on behalf of 
                        transit workers in not fewer than 3 States; and
                            ``(iv) any nonprofit institution of higher 
                        education, as defined in section 101 of the 
                        Higher Education Act of 1965 (20 U.S.C. 
                        1001).''.

SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY COUNTS INITIATIVE.

    Section 5312 of title 49, United States Code, as amended by section 
2503, is further amended by adding at the end the following:
    ``(k) Every Day Counts Initiative.--
            ``(1) In general.--It is in the national interest for the 
        Department of Transportation and recipients of Federal public 
        transportation funds--
                    ``(A) to identify, accelerate, and deploy 
                innovation aimed at expediting project delivery, 
                enhancing the safety of transit systems of the United 
                States, and protecting the environment;
                    ``(B) to ensure that the planning, design, 
                engineering, construction, and financing of 
                transportation projects is done in an efficient and 
                effective manner;
                    ``(C) to promote the rapid deployment of proven 
                solutions that provide greater accountability for 
                public investments; and
                    ``(D) to create a culture of innovation within the 
                transit community.
            ``(2) FTA every day counts initiative.--To advance the 
        policies described in paragraph (1), the Administrator of the 
        Federal Transit Administration shall adopt the Every Day Counts 
        initiative to work with recipients to identify and deploy the 
        proven innovation practices and products that--
                    ``(A) accelerate innovation deployment;
                    ``(B) expedite the project delivery process;
                    ``(C) improve environmental sustainability;
                    ``(D) enhance transit safety;
                    ``(E) expand mobility; and
                    ``(F) reduce greenhouse gas emissions.
            ``(3) Consideration.--In accordance with the Every Day 
        Counts goals described in paragraphs (1) and (2), the 
        Administrator shall consider research conducted through the 
        university transportation centers program in section 5505.
            ``(4) Innovation deployment.--
                    ``(A) In general.--At least every 2 years, the 
                Administrator shall work collaboratively with 
                recipients to identify a new collection of innovations, 
                best practices, and data to be deployed to recipients 
                through case studies, webinars, and demonstration 
                projects.
                    ``(B) Requirements.--In identifying a collection 
                described in subparagraph (A), the Secretary shall take 
                into account market readiness, impacts, benefits, and 
                ease of adoption of the innovation or practice.
            ``(5) Publication.--Each collection identified under 
        paragraph (4) shall be published by the Administrator on a 
        publicly available website.''.

SEC. 2804. TECHNICAL CORRECTIONS.

    Section 5312 of title 49, United States Code, as amended in section 
2503 and 2803, is further amended--
            (1) in subsection (e)--
                    (A) in paragraph (3)(C) by striking ``low or no 
                emission vehicles, zero emission vehicles,'' and 
                inserting ``zero emission vehicles''; and
                    (B) by striking paragraph (6) and inserting the 
                following:
            ``(6) Zero emission vehicle defined.--In this subsection, 
        the term `zero emission vehicle' means a passenger vehicle used 
        to provide public transportation that produces no carbon or 
        particulate matter.'';
            (2) by redesignating the first subsection (g) as subsection 
        (f); and
            (3) in subsection (h)--
                    (A) in the header by striking ``Low or No 
                Emission'' and inserting ``Zero Emission'';
                    (B) in paragraph (1)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the term `zero emission vehicle' has the 
                meaning given such term in subsection (e)(6);''; and
                            (ii) in subparagraph (D) by striking ``low 
                        or no emission vehicle'' and inserting ``zero 
                        emission vehicle'' each place such term 
                        appears;
                    (C) in paragraph (2)--
                            (i) in the heading by striking ``low or no 
                        emission'' and inserting ``zero emission''; and
                            (ii) by striking ``low or no emission'' and 
                        inserting ``zero emission'' each place such 
                        term appears;
                    (D) in paragraph (3) by striking ``low or no 
                emission'' and inserting ``zero emission'' each place 
                such term appears; and
                    (E) in paragraph (5)(A) by striking ``low or no 
                emission'' and inserting ``zero emission''.

               Subtitle I--Other Program Reauthorizations

SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE 
              PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT 
              AUTHORITY.

    Section 601 of the Passenger Rail Investment and Improvement Act of 
2008 (Public Law 110-432) is amended--
            (1) in subsection (b) by striking ``The Federal'' and 
        inserting ``Except as provided in subsection (f)(2), the 
        Federal'';
            (2) by striking subsections (d) through (f) and inserting 
        the following:
    ``(d) Required Board Approval.--No amounts may be provided to the 
Transit Authority under this section until the Transit Authority 
certifies to the Secretary of Transportation that--
            ``(1) a board resolution has passed on or before July 1, 
        2021, and is in effect for the period of July 1, 2022 through 
        June 30, 2031, that--
                    ``(A) establishes an independent budget authority 
                for the Office of Inspector General of the Transit 
                Authority;
                    ``(B) establishes an independent procurement 
                authority for the Office of Inspector General of the 
                Transit Authority;
                    ``(C) establishes an independent hiring authority 
                for the Office of Inspector General of the Transit 
                Authority;
                    ``(D) ensures the Inspector General of the Transit 
                Authority can obtain legal advice from a counsel 
                reporting directly to the Inspector General;
                    ``(E) requires the Inspector General of the Transit 
                Authority to submit recommendations for corrective 
                action to the General Manager and the Board of 
                Directors of the Transit Authority;
                    ``(F) requires the Inspector General of the Transit 
                Authority to publish any recommendation described in 
                subparagraph (E) on the website of the Office of 
                Inspector General of the Transit Authority, except that 
                the Inspector General may redact personally 
                identifiable information and information that, in the 
                determination of the Inspector General, would pose a 
                security risk to the systems of the Transit Authority;
                    ``(G) requires the Board of Directors of the 
                Transit Authority to provide written notice to the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate not less than 
                30 days before the Board of Directors removes the 
                Inspector General of the Transit Authority, which shall 
                include the reasons for removal and supporting 
                documentation; and
                    ``(H) prohibits the Board of Directors from 
                removing the Inspector General of the Transit Authority 
                unless the Board of Directors has provided a 30 day 
                written notification as described in subparagraph (G) 
                that documents--
                            ``(i) a permanent incapacity;
                            ``(ii) a neglect of duty;
                            ``(iii) malfeasance;
                            ``(iv) a conviction of a felony or conduct 
                        involving moral turpitude;
                            ``(v) a knowing violation of a law or 
                        regulation;
                            ``(vi) gross mismanagement;
                            ``(vii) a gross waste of funds;
                            ``(viii) an abuse of authority; or
                            ``(ix) inefficiency; and
            ``(2) the Code of Ethics for Members of the WMATA Board of 
        Directors passed on September 26, 2019, remains in effect, or 
        the Inspector General of the Transit Authority has concurred 
        with any modifications to the Code of Ethics by the Board.
    ``(e) Authorizations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for grants under this 
        section--
                    ``(A) for fiscal year 2021, $150,000,000;
                    ``(B) for fiscal year 2022, $155,000,000;
                    ``(C) for fiscal year 2023, $160,000,000;
                    ``(D) for fiscal year 2024, $165,000,000;
                    ``(E) for fiscal year 2025, $170,000,000;
                    ``(F) for fiscal year 2026, $175,000,000;
                    ``(G) for fiscal year 2027, $180,000,000;
                    ``(H) for fiscal year 2028, $185,000,000;
                    ``(I) for fiscal year 2029, $190,000,000; and
                    ``(J) for fiscal year 2030, $200,000,000.
            ``(2) Set aside for office of inspector general of transit 
        authority.--From the amounts in paragraph (1), the Transit 
        Authority shall provide at least 7 percent for each fiscal year 
        to the Office of Inspector General of the Transit Authority to 
        carry out independent and objective audits, investigations, and 
        reviews of Transit Authority programs and operations to promote 
        economy, efficiency, and effectiveness, and to prevent and 
        detect fraud, waste, and abuse in such programs and 
        operations.''; and
            (3) by redesignating subsection (g) as subsection (f).

SEC. 2902. OTHER APPORTIONMENTS.

    Section 5336 of title 49, United States Code, is amended--
            (1) in subsection (h)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``section 5336(a)(2)(C)'' and inserting 
                ``section 5336(a)(2)(B)'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) to carry out section 5307(h)--
                    ``(A) $60,906,000 shall be set aside in fiscal year 
                2022;
                    ``(B) $61,856,134 shall be set aside in fiscal year 
                2023;
                    ``(C) $62,845,832 shall be set aside in fiscal year 
                2024; and
                    ``(D) $63,832,511 shall be set aside in fiscal year 
                2025;'';
                    (C) in paragraph (2) by striking ``3.07 percent'' 
                and inserting ``6 percent''; and
                    (D) by amending paragraph (3) to read as follows:
            ``(3) of amounts not apportioned under paragraphs (1) and 
        (2), 3 percent shall be apportioned to urbanized areas with 
        populations of less than 200,000 in accordance with subsection 
        (i);''; and
            (2) in subsection (i) by adding at the end the following:
            ``(3) Census phase-out.--Before apportioning funds under 
        subsection (h)(3), for any urbanized area that is no longer an 
        eligible area due to a change in population in the most recent 
        decennial census, the Secretary shall apportion to such 
        urbanized area, for 3 fiscal years, an amount equal to half of 
        the funds apportioned to such urbanized area pursuant to this 
        subsection for the previous fiscal year.''.

                        Subtitle J--Streamlining

SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

    Section 5309 of title 49, United States Code, as amended by section 
2703 of this Act, is further amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (6);
                    (B) by redesignating paragraph (7) as paragraph 
                (6); and
                    (C) in paragraph (6), as so redesignated;
                            (i) in subparagraph (A) by striking 
                        ``$100,000,000'' and inserting 
                        ``$320,000,000''; and
                            (ii) in subparagraph (B) by striking 
                        ``$300,000,000'' and inserting 
                        ``$400,000,000'';
            (2) in subsection (b)(2) by inserting ``expanding station 
        capacity,'' after ``construction of infill stations,'';
            (3) in subsection (d)(1)--
                    (A) in subparagraph (C)(i) by striking ``2 years'' 
                and inserting ``3 years''; and
                    (B) by adding at the end the following:
                    ``(D) Optional project development activities.--An 
                applicant may perform cost and schedule risk 
                assessments with technical assistance provided by the 
                Secretary.
                    ``(E) Statutory construction.--Nothing in this 
                section shall be construed as authorizing the Secretary 
                to require cost and schedule risk assessments in the 
                project development phase.'';
            (4) in subsection (e)(1)--
                    (A) in subparagraph (C)(i) by striking ``2 years'' 
                and inserting ``3 years''; and
                    (B) by adding at the end the following:
                    ``(D) Optional project development activities.--An 
                applicant may perform cost and schedule risk 
                assessments with technical assistance provided by the 
                Secretary.
                    ``(E) Statutory construction.--Nothing in this 
                section shall be construed as authorizing the Secretary 
                to require cost and schedule risk assessments in the 
                project development phase.'';
            (5) in subsection (e)(2)(A)(iii)(II) by striking ``5 
        years'' and inserting ``10 years'';
            (6) in subsection (f)--
                    (A) in paragraph (1) by striking ``subsection 
                (d)(2)(A)(v)'' and inserting ``subsection 
                (d)(2)(A)(iv)'';
                    (B) in paragraph (2)--
                            (i) by striking ``subsection (d)(2)(A)(v)'' 
                        and inserting ``subsection (d)(2)(A)(iv)'';
                            (ii) in subparagraph (D) by adding ``and'' 
                        at the end;
                            (iii) by striking subparagraph (E); and
                            (iv) by redesignating subparagraph (F) as 
                        subparagraph (E); and
                    (C) by adding at the end the following:
            ``(3) Cost-share incentives.--For a project for which a 
        lower cost share is elected by the applicant under subsection 
        (l)(1)(C), the Secretary shall apply the following requirements 
        and considerations in lieu of paragraphs (1) and (2):
                    ``(A) Requirements.--In determining whether a 
                project is supported by local financial commitment and 
                shows evidence of stable and dependable financing 
                sources for purposes of subsection (d)(2)(A)(iv) or 
                (e)(2)(A)(v), the Secretary shall require that--
                            ``(i) the proposed project plan provides 
                        for the availability of contingency amounts 
                        that the applicant determines to be reasonable 
                        to cover unanticipated cost increases or 
                        funding shortfalls;
                            ``(ii) each proposed local source of 
                        capital and operating financing is stable, 
                        reliable, and available within the proposed 
                        project timetable;
                            ``(iii) an applicant certifies that local 
                        resources are available to recapitalize, 
                        maintain, and operate the overall existing and 
                        proposed public transportation system, 
                        including essential feeder bus and other 
                        services necessary to achieve the projected 
                        ridership levels without requiring a reduction 
                        in existing public transportation services or 
                        level of service to operate the project; and
                            ``(iv) an executed full funding grant 
                        agreement has at least 75 percent of local 
                        financial commitment committed and the 
                        remaining percentage budgeted for the proposed 
                        purposes.
                    ``(B) Considerations.--In assessing the stability, 
                reliability, and availability of proposed sources of 
                local financing for purposes of subsection 
                (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall 
                consider--
                            ``(i) the reliability of the forecasting 
                        methods used to estimate costs and revenues 
                        made by the recipient and the contractors to 
                        the recipient;
                            ``(ii) existing grant commitments;
                            ``(iii) any debt obligation that exists, or 
                        is proposed by the recipient, for the proposed 
                        project or other public transportation purpose; 
                        and
                            ``(iv) private contributions to the 
                        project, including cost-effective project 
                        delivery, management or transfer of project 
                        risks, expedited project schedule, financial 
                        partnering, and other public-private 
                        partnership strategies.
            ``(4) Contingency share.--For purposes of paragraph (1)(A), 
        the Secretary shall provide 50 percent of the recommended 
        contingency established by the project management oversight 
        contractor under section 5327 in addition to the grant amount 
        set in subsection (k)(2)(C)(ii).'';
            (7) in subsection (g)--
                    (A) in paragraph (2)(A) by striking ``degree of 
                local financial commitment'' and inserting ``criteria 
                in subsection (f)'' each place it appears;
                    (B) in paragraph (3) by striking ``The Secretary 
                shall'' and all that follows through the end and 
                inserting the following: ``The Secretary shall--
                    ``(A) to the maximum extent practicable, develop 
                and use special warrants for making a project 
                justification determination under subsection (d)(2) or 
                (e)(2), as applicable, for a project proposed to be 
                funded using a grant under this section if--
                            ``(i) the share of the cost of the project 
                        to be provided under this section--
                                    ``(I) does not exceed $500,000,000 
                                and the total project cost does not 
                                exceed $1,000,000,000; or
                                    ``(II) complies with subsection 
                                (l)(1)(C);
                            ``(ii) the applicant requests the use of 
                        the warrants;
                            ``(iii) the applicant certifies that its 
                        existing public transportation system is in a 
                        state of good repair; and
                            ``(iv) the applicant meets any other 
                        requirements that the Secretary considers 
                        appropriate to carry out this subsection; 
                        and'';
                    (C) by striking paragraph (5) and inserting the 
                following:
            ``(5) Policy guidance.--The Secretary shall issue policy 
        guidance on the review and evaluation process and criteria not 
        later than 180 days after the date of enactment of the INVEST 
        in America Act.'';
                    (D) by striking paragraph (6) and inserting the 
                following:
            ``(6) Transparency.--Not later than 30 days after the 
        Secretary receives a written request from an applicant for all 
        remaining information necessary to obtain 1 or more of the 
        following, the Secretary shall provide such information to the 
        applicant:
                    ``(A) Project advancement.
                    ``(B) Medium or higher rating.
                    ``(C) Warrant.
                    ``(D) Letter of intent.
                    ``(E) Early systems work agreement.''; and
                    (E) in paragraph (7) by striking ``the Federal 
                Public Transportation Act of 2012'' and inserting ``the 
                INVEST in America Act'';
            (8) in subsection (h)--
                    (A) in paragraph (5) by striking the period at the 
                end and inserting the following: ``, except that for a 
                project for which a lower local cost share is elected 
                under subsection (l)(1)(C), the Secretary shall enter 
                into a grant agreement under this subsection for any 
                such project that--
                    ``(A) has at least 75 percent of local financial 
                commitment committed and the remaining percentage 
                budgeted for the proposed purposes; and
                    ``(B) establishes contingency amounts that the 
                applicant determines to be reasonable to cover 
                unanticipated cost increases or funding shortfalls.''; 
                and
                    (B) in paragraph (7)(C) by striking ``10 days'' and 
                inserting ``3 days'';
            (9) by striking subsection (i) and inserting the following:
    ``(i) Interrelated Projects.--
            ``(1) Ratings improvement.--The Secretary shall grant a 
        rating increase of 1 level in mobility improvements to any 
        project being rated under subsection (d), (e), or (h), if the 
        Secretary certifies that the project has a qualifying 
        interrelated project that meets the requirements of paragraph 
        (2).
            ``(2) Interrelated project.--A qualifying interrelated 
        project is a transit project that--
                    ``(A) is adopted into the metropolitan 
                transportation plan required under section 5303;
                    ``(B) has received a class of action designation 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.);
                    ``(C) will likely increase ridership on the project 
                being rated in subsection (d), (e), or (h), 
                respectively, as determined by the Secretary; and
                    ``(D) meets 1 of the following criteria:
                            ``(i) Extends the corridor of the project 
                        being rated in subsection (d), (e), or (h), 
                        respectively.
                            ``(ii) Provides a direct passenger transfer 
                        to the project being rated in subsection (d), 
                        (e), or (h), respectively.'';
            (10) in subsection (k)(5) by striking ``30 days'' and 
        inserting ``3 days'';
            (11) in subsection (l)--
                    (A) in paragraph (1) by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Cap.--Except as provided in subparagraph (C), 
                a grant for a project under this section shall not 
                exceed 80 percent of the net capital project cost, 
                except that a grant for a core capacity improvement 
                project shall not exceed 80 percent of the net capital 
                project cost of the incremental cost to increase the 
                capacity in the corridor.
                    ``(C) Applicant election of lower local cost 
                share.--An applicant may elect a lower local cost share 
                for a project under this section for purposes of 
                application of the cost-share incentives under 
                subsection (f)(3). Such cost share shall not exceed 60 
                percent of the net capital project cost, except that 
                for a grant for a core capacity improvement project 
                such cost share shall not exceed 60 percent of the net 
                capital project cost of the incremental cost to 
                increase the capacity in the corridor.'';
                    (B) by striking paragraph (5) and inserting the 
                following:
            ``(5) Limitation on statutory construction.--Nothing in 
        this section shall be construed as authorizing the Secretary to 
        require, incentivize (in any manner not specified in this 
        section), or place additional conditions upon a non-Federal 
        financial commitment for a project that is more than 20 percent 
        of the net capital project cost or, for a core capacity 
        improvement project, 20 percent of the net capital project cost 
        of the incremental cost to increase the capacity in the 
        corridor.''; and
                    (C) by striking paragraph (8);
            (12) in subsection (o) by adding at the end the following:
            ``(4) CIG program dashboard.--Not later than the fifth day 
        of each month, the Secretary shall make publicly available on a 
        website data on, including the status of, each project under 
        this section that is in the project development phase, in the 
        engineering phase, or has received a grant agreement and 
        remains under construction. Such data shall include, for each 
        project--
                    ``(A) the amount and fiscal year of any funding 
                appropriated, allocated, or obligated for the project;
                    ``(B) the date on which the project--
                            ``(i) entered the project development 
                        phase;
                            ``(ii) entered the engineering phase, if 
                        applicable; and
                            ``(iii) received a grant agreement, if 
                        applicable; and
                    ``(C) the status of review by the Federal Transit 
                Administration and the Secretary, including dates of 
                request, dates of acceptance of request, and dates of a 
                decision for each of the following, if applicable:
                            ``(i) A letter of no prejudice.
                            ``(ii) An environmental impact statement 
                        notice of intent.
                            ``(iii) A finding of no significant 
                        environmental impact.
                            ``(iv) A draft environmental impact 
                        statement.
                            ``(v) A final environmental impact 
                        statement.
                            ``(vi) A record of decision on the final 
                        environmental impact statement; and
                            ``(vii) The status of the applicant in 
                        securing the non-Federal match, based on 
                        information provided by the applicant, 
                        including the amount committed, budgeted, 
                        planned, and undetermined.''; and
            (13) by striking ``an acceptable degree of'' and inserting 
        ``a'' each place it appears.

SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT DEADLINE.

    Section 5336(d) of title 49, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) notwithstanding paragraph (1), apportion amounts to 
        the States appropriated under section 5338(a)(2) to carry out 
        sections 5307, 5310, and 5311 not later than December 15 for 
        which any amounts are appropriated; and''.

SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.

    Section 5334 of title 49, United States Code, is further amended by 
adding at the end the following:
    ``(l) Disposition of Assets Beyond Useful Life.--
            ``(1) In general.--If a recipient, or subrecipient, for 
        assistance under this chapter disposes of an asset with a 
        current market value, or proceed from the sale of such asset, 
        acquired under this chapter at least in part with such 
        assistance, after such asset has reached the useful life of 
        such asset, the Secretary shall allow the recipient, or 
        subrecipient, to use the proceeds attributable to the Federal 
        share of such asset calculated under paragraph (3) for capital 
        projects under section 5307, 5310, or 5311.
            ``(2) Minimum value.--This subsection shall only apply to 
        assets with a current market value, or proceeds from sale, of 
        at least $5,000.
            ``(3) Calculation of federal share attributable.--The 
        proceeds attributable to the Federal share of an asset 
        described in paragraph (1) shall be calculated by multiplying--
                    ``(A) the current market value of, or the proceeds 
                from the disposition of, such asset; by
                    ``(B) the Federal share percentage for the 
                acquisition of such asset at the time of acquisition of 
                such asset.''.

SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.

    Section 5310 of title 49, United States Code, as amended by section 
2205, is further amended by adding at the end the following:
    ``(k) Innovative Coordinated Access and Mobility.--
            ``(1) Start up grants.--
                    ``(A) In general.--The Secretary may make grants 
                under this paragraph to eligible recipients to assist 
                in financing innovative projects for the transportation 
                disadvantaged that improve the coordination of 
                transportation services and non-emergency medical 
                transportation services.
                    ``(B) Application.--An eligible recipient shall 
                submit to the Secretary an application that, at a 
                minimum, contains--
                            ``(i) a detailed description of the 
                        eligible project;
                            ``(ii) an identification of all eligible 
                        project partners and the specific role of each 
                        eligible project partner in the eligible 
                        project, including--
                                    ``(I) private entities engaged in 
                                the coordination of nonemergency 
                                medical transportation services for the 
                                transportation disadvantaged;
                                    ``(II) nonprofit entities engaged 
                                in the coordination of nonemergency 
                                medical transportation services for the 
                                transportation disadvantaged; or
                                    ``(III) Federal entities engaged in 
                                the coordination of nonemergency 
                                medical transportation services for the 
                                transportation disadvantaged; and
                            ``(iii) a description of how the eligible 
                        project shall--
                                    ``(I) improve local coordination or 
                                access to coordinated transportation 
                                services;
                                    ``(II) reduce duplication of 
                                service, if applicable; and
                                    ``(III) provide innovative 
                                solutions in the State or community.
                    ``(C) Performance measures.--An eligible recipient 
                shall specify, in an application for a grant under this 
                paragraph, the performance measures the eligible 
                project will use to quantify actual outcomes against 
                expected outcomes, including--
                            ``(i) reduced transportation expenditures 
                        as a result of improved coordination; and
                            ``(ii) reduced healthcare expenditures as a 
                        result of improved coordination.
                    ``(D) Eligible uses.--Eligible recipients receiving 
                a grant under this section may use such funds for--
                            ``(i) the deployment of coordination 
                        technology;
                            ``(ii) projects that create or increase 
                        access to community One-Call/One-Click Centers;
                            ``(iii) projects that integrate 
                        transportation for 3 or more of--
                                    ``(I) public transportation 
                                provided under this section;
                                    ``(II) a State plan approved under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.);
                                    ``(III) title XVIII of the Social 
                                Security Act (42 U.S.C. 1395 et seq.);
                                    ``(IV) Veterans Health 
                                Administration; or
                                    ``(V) private health care 
                                facilities; and
                            ``(iv) such other projects as determined 
                        appropriate by the Secretary.
            ``(2) Incentive grants.--
                    ``(A) In general.--The Secretary may make grants 
                under this paragraph to eligible recipients to 
                incentivize innovative projects for the transportation 
                disadvantaged that improve the coordination of 
                transportation services and non-emergency medical 
                transportation services.
                    ``(B) Selection of grant recipients.--The Secretary 
                shall distribute grant funds made available to carry 
                out this paragraph as described in subparagraph (E) to 
                eligible recipients that apply and propose to 
                demonstrate improvement in the metrics described in 
                subparagraph (F).
                    ``(C) Eligibility.--An eligible recipient shall not 
                be required to have received a grant under paragraph 
                (1) to be eligible to receive a grant under this 
                paragraph.
                    ``(D) Applications.--Eligible recipients shall 
                submit to the Secretary an application that includes--
                            ``(i) which metrics under subparagraph (F) 
                        the eligible recipient intends to improve;
                            ``(ii) the performance data eligible 
                        recipients and the Federal, State, nonprofit, 
                        and private partners of the eligible recipient 
                        will make available; and
                            ``(iii) a proposed incentive formula that 
                        makes payments to the eligible recipient based 
                        on the proposed data and metrics.
                    ``(E) Distribution.--The Secretary shall distribute 
                funds made available to carry out this paragraph based 
                upon the number of grant applications approved by the 
                Secretary, number of individuals served by each grant, 
                and the incentive formulas approved by the Secretary 
                using the following metrics:
                            ``(i) The reduced transportation 
                        expenditures as a result of improved 
                        coordination.
                            ``(ii) The reduced Federal healthcare 
                        expenditures using the metrics described in 
                        subparagraph (F).
                            ``(iii) The reduced private healthcare 
                        expenditures using the metrics described in 
                        subparagraph (F).
                    ``(F) Healthcare metrics.--Healthcare metrics 
                described in this subparagraph shall be--
                            ``(i) reducing missed medical appointments;
                            ``(ii) the timely discharge of patients 
                        from hospitals;
                            ``(iii) reducing readmissions of patients 
                        into hospitals; and
                            ``(iv) other measureable healthcare 
                        metrics, as determined appropriate by the 
                        Secretary.
                    ``(G) Eligible expenditures.--The Secretary shall 
                allow the funds distributed by this grant program to be 
                expended on eligible activities described in paragraph 
                (1)(D) and any eligible activity under this section 
                that is likely to improve the metrics described in 
                subparagraph (F).
                    ``(H) Recipient cap.--The Secretary--
                            ``(i) may not provide more than 20 grants 
                        under this paragraph; and
                            ``(ii) shall reduce the maximum number of 
                        grants under this paragraph to ensure projects 
                        are fully funded, if necessary.
            ``(3) Report.--The Secretary shall make publicly available 
        an annual report on the program carried out under this 
        subsection for each fiscal year, not later than December 31 of 
        the calendar year in which that fiscal year ends. The report 
        shall include a detailed description of the activities carried 
        out under the program, and an evaluation of the program, 
        including an evaluation of the performance measures used by 
        eligible recipients.
            ``(4) Federal share.--
                    ``(A) In general.--The Federal share of the costs 
                of a project carried out under this subsection shall 
                not exceed 80 percent.
                    ``(B) Non-federal share.--The non-Federal share of 
                the costs of a project carried out under this 
                subsection may be derived from in-kind contributions.
            ``(5) Rule of construction.--For purposes of this 
        subsection, nonemergency medical transportation services shall 
        be limited to services eligible under Federal programs other 
        than programs authorized under this chapter.''.

                   TITLE III--HIGHWAY TRAFFIC SAFETY

SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway safety programs.--For carrying out section 402 
        of title 23, United States Code--
                    (A) $378,400,000 for fiscal year 2022;
                    (B) $382,400,000 for fiscal year 2023;
                    (C) $386,500,000 for fiscal year 2024; and
                    (D) $390,400,000 for fiscal year 2025.
            (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code--
                    (A) $182,495,000 for fiscal year 2022;
                    (B) $184,795,000 for fiscal year 2023;
                    (C) $187,795,000 for fiscal year 2024; and
                    (D) $190,695,000 for fiscal year 2025.
            (3) National priority safety programs.--For carrying out 
        section 405 of title 23, United States Code--
                    (A) $384,119,000 for fiscal year 2022;
                    (B) $393,205,000 for fiscal year 2023;
                    (C) $402,205,000 for fiscal year 2024; and
                    (D) $411,388,000 for fiscal year 2025.
            (4) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                    (A) $5,700,000 for fiscal year 2022;
                    (B) $5,800,000 for fiscal year 2023;
                    (C) $5,900,000 for fiscal year 2024; and
                    (D) $6,000,000 for fiscal year 2025.
            (5) High-visibility enforcement program.--For carrying out 
        section 404 of title 23, United States Code--
                    (A) $60,200,000 for fiscal year 2022;
                    (B) $60,600,000 for fiscal year 2023;
                    (C) $60,800,000 for fiscal year 2024; and
                    (D) $61,200,000 for fiscal year 2025.
            (6) Administrative expenses.--For administrative and 
        related operating expenses of the National Highway Traffic 
        Safety Administration in carrying out chapter 4 of title 23, 
        United States Code--
                    (A) $30,586,000 for fiscal year 2022;
                    (B) $31,000,000 for fiscal year 2023;
                    (C) $31,500,000 for fiscal year 2024; and
                    (D) $31,917,000 for fiscal year 2025.
    (b) Prohibition on Other Uses.--Except as 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--
            (1) shall only be used to carry out such program; and
            (2) may not be used by States or local governments for 
        construction purposes.
    (c) 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 2025 shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 of title 
23, United States Code.
    (d) Regulatory Authority.--Grants awarded under chapter 4 of title 
23, United States Code, including any amendments made by this title, 
shall be carried out in accordance with regulations issued by the 
Secretary of Transportation.
    (e) State Matching Requirements.--If a grant awarded under chapter 
4 of title 23, United States Code, requires a State to share in the 
cost, the aggregate of all expenditures for highway safety activities 
made during a fiscal year by the State and its political subdivisions 
(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.
    (f) 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 of Transportation shall establish a 
single deadline for such applications to enable the award of grants 
early in the next fiscal year.

SEC. 3002. HIGHWAY SAFETY PROGRAMS.

    Section 402 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A)--
                            (i) in clause (ii) by striking ``occupant 
                        protection devices (including the use of safety 
                        belts and child restraint systems)'' and 
                        inserting ``safety belts'';
                            (ii) in clause (vii) by striking ``; and'' 
                        and inserting a semicolon; and
                            (iii) by inserting after clause (viii) the 
                        following:
                            ``(ix) to encourage more widespread and 
                        proper use of child safety seats (including 
                        booster seats) with an emphasis on underserved 
                        populations;
                            ``(x) to reduce injuries and deaths 
                        resulting from drivers of motor vehicles not 
                        moving to another traffic lane or reducing the 
                        speed of such driver's vehicle when passing an 
                        emergency, law enforcement, or other vehicle 
                        stopped or parked on or near the roadway; and
                            ``(xi) to increase driver awareness of the 
                        dangers of leaving an unattended child or other 
                        occupant in a vehicle when there is a risk of 
                        hyperthermia;''; and
                    (B) by adding at the end the following:
            ``(3) Additional considerations.--States which have 
        legalized medicinal or recreational marijuana shall consider 
        programs in addition to the programs described in paragraph 
        (2)(A) to educate drivers on the risks associated with 
        marijuana-impaired driving and to reduce injuries and deaths 
        resulting from individuals driving motor vehicles while 
        impaired by marijuana.'';
            (2) in subsection (c)(4)--
                    (A) by striking subparagraph (C);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Special rule for school and work zones.--
                Notwithstanding subparagraph (A), a State may expend 
                funds apportioned to that State under this section to 
                carry out a program to purchase, operate, or maintain 
                an automated traffic system in a work zone or school 
                zone.
                    ``(C) Automated traffic enforcement system 
                guidelines.--Any automated traffic enforcement system 
                installed pursuant to subparagraph (B) shall comply 
                with--
                            ``(i) Speed Enforcement Camera Systems 
                        Operational Guidelines (DOT HS 810 916, March 
                        2008); or
                            ``(ii) Red Light Camera Systems Operational 
                        Guidelines (FHWA-SA-05-002, January 2005).''; 
                        and
            (3) in subsection (n)--
                    (A) by striking ``Public Transparency'' and all 
                that follows through ``The Secretary'' and inserting 
                the following: ``Public Transparency.--
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) State highway safety plan website.--
                    ``(A) In general.--In carrying out the requirements 
                of paragraph (1), the Secretary shall establish a 
                public website that is easily accessible, navigable, 
                and searchable for the information required under 
                paragraph (1), in order to foster greater transparency 
                in approved State highway safety programs.
                    ``(B) Contents.--The website established under 
                subparagraph (A) shall--
                            ``(i) include each State highway safety 
                        plan and annual report submitted and approved 
                        by the Secretary under subsection (k);
                            ``(ii) provide a means for the public to 
                        search such website for State highway safety 
                        program content required in subsection (k), 
                        including--
                                    ``(I) performance measures required 
                                by the Secretary under paragraph 
                                (3)(A);
                                    ``(II) progress made toward meeting 
                                the State's performance targets for the 
                                previous year;
                                    ``(III) program areas and 
                                expenditures; and
                                    ``(IV) a description of any sources 
                                of funds other than funds provided 
                                under this section that the State 
                                proposes to use to carry out the State 
                                highway safety plan of such State.''.

SEC. 3003. TRAFFIC SAFETY ENFORCEMENT GRANTS.

    Section 402 of title 23, United States Code, as amended by section 
3002 of this Act, is further amended by inserting after subsection (k) 
the following:
    ``(l) Traffic Safety Enforcement Grants.--
            ``(1) General authority.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to States for 
        the purpose of carrying out top-rated traffic safety 
        enforcement countermeasures to reduce traffic-related injuries 
        and fatalities.
            ``(2) Countermeasure defined.--In this subsection, the term 
        `countermeasure' means a countermeasure rated 3, 4, or 5 stars 
        in the most recent edition of the National Highway Traffic 
        Safety Administration's Countermeasures That Work highway 
        safety guide.
            ``(3) Funding.--Before making any distribution under this 
        section, the Secretary shall set aside not more than 
        $35,000,000 of the funds made available under this section for 
        each fiscal year to be allocated among up to 10 States.
            ``(4) Selection criteria.--The Secretary shall select up to 
        10 applicants based on the following criteria:
                    ``(A) Geographical diversity.
                    ``(B) Higher State average of traffic fatalities 
                per vehicle mile traveled.
                    ``(C) A preference to applications that include 
                under paragraph (6)(C) the data derived from law 
                enforcement activities funded by a State under this 
                section.
            ``(5) Eligibility.--A State may receive a grant under this 
        subsection in a fiscal year if the State demonstrates, to the 
        satisfaction of the Secretary, that the State is able to meet 
        the requirements in paragraph (6).
            ``(6) Requirements.--In order to receive funds, a State 
        must establish an agreement with the Secretary to--
                    ``(A) identify areas with the highest risk of 
                traffic fatalities and injuries;
                    ``(B) determine the most effective countermeasures 
                to implement in those areas, with priority given to 
                countermeasures rated above 3 stars; and
                    ``(C) report annual data under uniform reporting 
                requirements established by the Secretary, including--
                            ``(i) traffic citations and arrests;
                            ``(ii) the increase in traffic safety 
                        enforcement activity supported by these funds; 
                        and
                            ``(iii) any other metrics the Secretary 
                        determines appropriate to determine the success 
                        of the grant.
            ``(7) Use of funds.--
                    ``(A) In general.--Grant funds received by a State 
                under this subsection may be used for--
                            ``(i) implementing countermeasures 
                        determined under paragraph (6); and
                            ``(ii) law enforcement-related expenses, 
                        such as officer training, overtime, technology, 
                        and equipment, if the Secretary determines 
                        countermeasures have been implemented 
                        successfully and the Secretary provides 
                        approval.
                    ``(B) Broadcast and print media.--Up to 5 percent 
                of grant funds received by a State under this 
                subsection may be used for the development, production, 
                and use of broadcast and print media advertising in 
                carrying out traffic safety law enforcement efforts 
                under this subsection.
            ``(8) Allocation.--Grant funds allocated to a State under 
        this subsection for a fiscal year shall be in proportion to the 
        State's apportionment under this section for the fiscal year.
            ``(9) Maintenance of effort.--No grant may be made to a 
        State in any fiscal year under this subsection unless the State 
        enters into such an agreement with the Secretary, as the 
        Secretary may require, to ensure that the State will maintain 
        its aggregate expenditures from all State and local sources for 
        activities described in this subsection at or above the average 
        level of expenditures in the 2 fiscal years preceding the date 
        of enactment of this subsection.
            ``(10) Annual evaluation and report to congress.--The 
        Secretary shall conduct an annual evaluation of the 
        effectiveness of grants awarded under this subsection and shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate an annual report on 
        the effectiveness of the grants.''.

SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

    Section 403 of title 23, United States Code, is amended--
            (1) in subsection (b) by inserting ``, training,'' after 
        ``demonstration projects'';
            (2) in subsection (f)(1) by striking ``subsection 402(c) in 
        each fiscal year ending before October 1, 2015, and $443,989 of 
        the total amount available for apportionment to the States for 
        highway safety programs under section 402(c) in the period 
        beginning on October 1, 2015, and ending on December 4, 2015,'' 
        and inserting ``section 402(c)(2) in each fiscal year''; and
            (3) by striking subsection (h) and redesignating 
        subsections (i) and (j) as subsections (h) and (i), 
        respectively.

SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

    Section 403 of title 23, United States Code, as amended by section 
3004 of this Act, is further amended by adding at the end the 
following:
    ``(j) Grant Program to Prohibit Racial Profiling.--
            ``(1) General authority.--Subject to the requirements of 
        this subsection, the Secretary shall make grants to a State 
        that--
                    ``(A) is maintaining and allows public inspection 
                of statistical information for each motor vehicle stop 
                made by a law enforcement officer on a Federal-aid 
                highway in the State regarding the race and ethnicity 
                of the driver; or
                    ``(B) provides assurances satisfactory to the 
                Secretary that the State is undertaking activities to 
                comply with the requirements of subparagraph (A).
            ``(2) Use of grant funds.--A grant received by a State 
        under paragraph (1) shall be used by the State for the costs 
        of--
                    ``(A) collecting and maintaining data on traffic 
                stops; and
                    ``(B) evaluating the results of such data.
            ``(3) Limitations.--
                    ``(A) Maximum amount of grants.--The total amount 
                of grants made to a State under this section in a 
                fiscal year may not exceed 5 percent of the amount made 
                available to carry out this section in the fiscal year.
                    ``(B) Eligibility.--On or after October 1, 2022, a 
                State may not receive a grant under paragraph (1)(B) in 
                more than 2 fiscal years.
            ``(4) Funding.--
                    ``(A) In general.--From funds made available under 
                this section, the Secretary shall set aside $7,500,000 
                for each fiscal year to carry out this subsection.
                    ``(B) Federal share.--The Federal share of the cost 
                of activities carried out using such funds shall be 80 
                percent.
                    ``(C) Other uses.--The Secretary may reallocate, 
                before the last day of any fiscal year, amounts 
                remaining available under subparagraph (A) to increase 
                the amounts made available to carry out any other 
                activities authorized under this section in order to 
                ensure, to the maximum extent possible, that all such 
                amounts are obligated during such fiscal year.''.

SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PROGRAM.

    Section 404 of title 23, United States Code, is amended--
            (1) in subsection (a) by striking ``3 campaigns will be 
        carried out in each of fiscal years 2016 through 2020'' and 
        inserting ``6 campaigns will be carried out in each of fiscal 
        years 2022 through 2025'';
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``or drug-
                impaired'';
                    (B) in paragraph (2) by inserting ``and child 
                restraints'' after ``seatbelts'';
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by inserting after paragraph (1) the following:
            ``(2) Reduce drug-impaired operation of motor vehicles.''; 
        and
                    (E) by adding at the end the following:
            ``(4) Reduce texting through a personal wireless 
        communications device by drivers while operating a motor 
        vehicle.
            ``(5) Reduce violations of move over laws of a State that 
        require motorists to change lanes or slow down when emergency, 
        law enforcement, or other vehicles are stopped or parked on or 
        next to a roadway.'';
            (3) by redesignating subsections (e) and (f) as subsections 
        (g) and (h), respectively;
            (4) by inserting after subsection (d) the following:
    ``(e) Frequency.--Each campaign administered under this section 
shall occur not less than once in each of fiscal years 2022 through 
2025 with the exception of campaigns to reduce alcohol-impaired 
operation of motor vehicles which shall occur not less than twice in 
each of fiscal years 2022 through 2025.
    ``(f) Coordination of Dynamic Highway Message Signs.--During the 
time a State is carrying out a campaign, the Secretary shall coordinate 
with States carrying out the campaigns under this section on the use of 
dynamic highway message signs to support national high-visibility 
advertising and education efforts associated with the campaigns.''; and
            (5) in subsection (f)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following:
            ``(2) Dynamic highway message sign.--The term `dynamic 
        highway message sign' means a traffic control device that is 
        capable of displaying one or more alternative messages which 
        convey information to occupants of motor vehicles.''; and
                    (C) by adding at the end the following:
            ``(4) Texting.--The term `texting' has the meaning given 
        such term in section 405(e).''.

SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.

    Section 405 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``13 percent'' and 
                inserting ``12.85 percent'';
                    (B) in paragraph (2) by striking ``14.5 percent'' 
                and inserting ``14.3 percent'';
                    (C) in paragraph (3) by striking ``52.5 percent'' 
                and inserting ``51.75 percent'';
                    (D) in paragraph (4) by striking ``8.5 percent'' 
                and inserting ``8.3 percent'';
                    (E) in paragraph (6) by striking ``5 percent'' and 
                inserting ``4.9 percent'';
                    (F) in paragraph (7) by striking ``5 percent'' and 
                inserting ``4.9 percent'';
                    (G) in paragraph (8)--
                            (i) by striking ``paragraphs (1) through 
                        (7)'' and inserting ``paragraphs (1) through 
                        (8)'';
                            (ii) by striking ``subsection (b) through 
                        (h)'' and inserting ``subsections (b) through 
                        (i)''; and
                            (iii) by inserting ``to carry out any of 
                        the other activities described in such 
                        subsections, or the amount made available'' 
                        before ``under section 402'';
                    (H) in paragraph (9)(A) by striking ``date of 
                enactment of the FAST Act'' and inserting ``date of 
                enactment of the INVEST in America Act'';
                    (I) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (10), respectively; and
                    (J) by inserting after paragraph (7) the following:
            ``(8) Driver and officer safety education.--In each fiscal 
        year, 1.5 percent of the funds provided under this section 
        shall be allocated among States that meet the requirements with 
        respect to driver and officer safety education (as described in 
        subsection (i)).'';
            (2) by striking subsection (c)(4) and inserting the 
        following:
            ``(4) Use of grant amounts.--Grant funds received by a 
        State under this subsection shall be used for--
                    ``(A) making data program improvements to core 
                highway safety databases related to quantifiable, 
                measurable progress in any of the 6 significant data 
                program attributes set forth in paragraph (3)(D);
                    ``(B) developing or acquiring programs to identify, 
                collect, and report data to State and local government 
                agencies, and enter data, including crash, citation or 
                adjudication, driver, emergency medical services or 
                injury surveillance system, roadway, and vehicle, into 
                the core highway safety databases of a State;
                    ``(C) purchasing equipment to improve processes by 
                which data is identified, collected, and reported to 
                State and local government agencies;
                    ``(D) linking core highway safety databases of a 
                State with such databases of other States or with other 
                data systems within the State, including systems that 
                contain medical, roadway, and economic data;
                    ``(E) improving the compatibility and 
                interoperability of the core highway safety databases 
                of the State with national data systems and data 
                systems of other States;
                    ``(F) enhancing the ability of a State and the 
                Secretary to observe and analyze local, State, and 
                national trends in crash occurrences, rates, outcomes, 
                and circumstances;
                    ``(G) supporting traffic records-related training 
                and related expenditures for law enforcement, emergency 
                medical, judicial, prosecutorial, and traffic records 
                professionals;
                    ``(H) hiring traffic records professionals, 
                including a Fatality Analysis Reporting System liaison 
                for a State; and
                    ``(I) conducting research on State traffic safety 
                information systems, including developing and 
                evaluating programs to improve core highway safety 
                databases of such State and processes by which data is 
                identified, collected, reported to State and local 
                government agencies, and entered into such core safety 
                databases.'';
            (3) by striking subsection (d)(6)(A) and inserting the 
        following:
                    ``(A) Grants to states with alcohol-ignition 
                interlock laws.--The Secretary shall make a separate 
                grant under this subsection to each State that--
                            ``(i) adopts and is enforcing a mandatory 
                        alcohol-ignition interlock law for all 
                        individuals arrested or convicted of driving 
                        under the influence of alcohol or of driving 
                        while intoxicated;
                            ``(ii) does not allow any individual 
                        arrested or convicted of driving under the 
                        influence of alcohol or driving while 
                        intoxicated to drive a motor vehicle unless 
                        such individual installs an ignition interlock 
                        for a minimum 6-month interlock period; or
                            ``(iii) has--
                                    ``(I) enacted and is enforcing a 
                                state law requiring all individuals 
                                convicted of, or whose driving 
                                privilege is revoked or denied for, 
                                refusing to submit to a chemical or 
                                other test for the purpose of 
                                determining the presence or 
                                concentration of any intoxicating 
                                substance to install an ignition 
                                interlock for a minimum 6-month 
                                interlock period; and
                                    ``(II) a compliance-based removal 
                                program in which an individual arrested 
                                or convicted of driving under the 
                                influence of alcohol or driving while 
                                intoxicated shall install an ignition 
                                interlock for a minimum 6-month 
                                interlock period and have completed a 
                                minimum consecutive period of not less 
                                than 40 percent of the required 
                                interlock period immediately preceding 
                                the date of release, without a 
                                confirmed violation of driving under 
                                the influence of alcohol or driving 
                                while intoxicated.'';
            (4) in subsection (e)--
                    (A) in paragraph (1) by striking ``paragraphs (2) 
                and (3)'' and inserting ``paragraph (2)'';
                    (B) in paragraph (4)--
                            (i) by striking ``paragraph (2) or (3)'' 
                        and inserting ``paragraph (3) or (4)'';
                            (ii) in subparagraph (A) by striking 
                        ``communications device to contact emergency 
                        services'' and inserting ``communications 
                        device during an emergency to contact emergency 
                        services or to prevent injury to persons or 
                        property'';
                            (iii) in subparagraph (C) by striking ``; 
                        and'' and inserting a semicolon;
                            (iv) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (v) by inserting after subparagraph (C) the 
                        following:
                    ``(D) a driver who uses a personal wireless 
                communication device for navigation; and'';
                    (C) in paragraph (5)(A)(i) by striking ``texting or 
                using a cell phone while'' and inserting 
                ``distracted'';
                    (D) in paragraph (9)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Personal wireless communications device.--The 
                term `personal wireless communications device' means--
                            ``(i) until the date on which the Secretary 
                        issues a regulation pursuant to paragraph 
                        (8)(A), a device through which personal 
                        services (as such term is defined in section 
                        332(c)(7)(C)(i) of the Communications Act of 
                        1934 (47 U.S.C. 332(c)(7)(C)(i)) are 
                        transmitted, but not including the use of such 
                        a device as a global navigation system receiver 
                        used for positioning, emergency notification, 
                        or navigation purposes; and
                            ``(ii) on and after the date on which the 
                        Secretary issues a regulation pursuant to 
                        paragraph (8)(A), the definition described in 
                        such regulation.''; and
                            (ii) by striking subparagraph (E) and 
                        inserting the following:
                    ``(E) Texting.--The term `texting' means--
                            ``(i) until the date on which the Secretary 
                        issues a regulation pursuant to paragraph 
                        (8)(A), reading from or manually entering data 
                        into a personal wireless communications device, 
                        including doing so for the purpose of SMS 
                        texting, emailing, instant messaging, or 
                        engaging in any other form of electronic data 
                        retrieval or electronic data communication; and
                            ``(ii) on and after the date on which the 
                        Secretary issues a regulation pursuant to 
                        paragraph (8)(A), the definition described in 
                        such regulation.'';
                    (E) by striking paragraphs (2), (3), (6), and (8);
                    (F) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                    (G) by inserting after paragraph (1) the following:
            ``(2) Allocation.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the allocation of grant funds to a State under 
                this subsection for a fiscal year shall be in 
                proportion to the State's apportionment under section 
                402 for fiscal year 2009.
                    ``(B) Primary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and (4) as a 
                primary offense shall be allocated 100 percent of the 
                amount calculated under subparagraph (A).
                    ``(C) Secondary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and (4) as a 
                secondary offense shall be allocated 50 percent of the 
                amount calculated under subparagraph (A).
            ``(3) Prohibition on handheld personal wireless 
        communication device use while driving.--A State law meets the 
        requirements set forth in this paragraph if the law--
                    ``(A) prohibits a driver from holding or using, 
                including texting, a personal wireless communications 
                device while driving, except for the use of a personal 
                wireless communications device--
                            ``(i) in a hands-free manner or with a 
                        hands-free accessory, or
                            ``(ii) to activate or deactivate a feature 
                        or function of the personal wireless 
                        communications device;
                    ``(B) establishes a fine for a violation of the 
                law; and
                    ``(C) does not provide for an exemption that 
                specifically allows a driver to hold or use a personal 
                wireless communication device while stopped in traffic.
            ``(4) Prohibition on personal wireless communication device 
        use while driving or stopped in traffic.--A State law meets the 
        requirements set forth in this paragraph if the law--
                    ``(A) prohibits a driver from using a personal 
                wireless communications device while driving if the 
                driver is--
                            ``(i) younger than 18 years of age; or
                            ``(ii) in the learner's permit or 
                        intermediate license stage described in 
                        subparagraph (A) or (B) of subsection (g)(2);
                    ``(B) establishes a fine for a violation of the 
                law; and
                    ``(C) does not provide for an exemption that 
                specifically allows a driver to use a personal wireless 
                communication device while stopped in traffic.''; and
                    (H) by inserting after paragraph (7) the following:
            ``(8) Rulemaking.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall issue such 
        regulations as are necessary to account for diverse State 
        approaches to combating distracted driving that--
                    ``(A) defines the terms personal wireless 
                communications device and texting for the purposes of 
                this subsection; and
                    ``(B) determines additional permitted exceptions 
                that are appropriate for a State law that meets the 
                requirements under paragraph (3) or (4).'';
            (5) in subsection (g)--
                    (A) in paragraph (1) by inserting ``subparagraphs 
                (A) and (B) of'' before ``paragraph (2)'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Minimum requirements.--
                    ``(A) Tier 1 state.--A State shall be eligible for 
                a grant under this subsection as a Tier 1 State if such 
                State requires novice drivers younger than 18 years of 
                age to comply with a 2-stage graduated driver licensing 
                process before receiving an unrestricted driver's 
                license that includes--
                            ``(i) a learner's permit stage that--
                                    ``(I) is at least 180 days in 
                                duration;
                                    ``(II) requires that the driver be 
                                accompanied and supervised at all 
                                times; and
                                    ``(III) has a requirement that the 
                                driver obtain at least 40 hours of 
                                behind-the-wheel training with a 
                                supervisor; and
                            ``(ii) an intermediate stage that--
                                    ``(I) commences immediately after 
                                the expiration of the learner's permit 
                                stage;
                                    ``(II) is at least 180 days in 
                                duration; and
                                    ``(III) for the first 180 days of 
                                the intermediate stage, restricts the 
                                driver from--
                                            ``(aa) driving at night 
                                        between the hours of 11:00 p.m. 
                                        and at least 4:00 a.m. except--

                                                    ``(AA) when a 
                                                parent, guardian, 
                                                driving instructor, or 
                                                licensed driver who is 
                                                at least 21 years of 
                                                age is in the motor 
                                                vehicle; and

                                                    ``(BB) when driving 
                                                to and from work, 
                                                school and school-
                                                related activities, 
                                                religious activities, 
                                                for emergencies, or as 
                                                a member of voluntary 
                                                emergency service; and

                                            ``(bb) operating a motor 
                                        vehicle with more than 1 
                                        nonfamilial passenger younger 
                                        than 18 years of age, except 
                                        when a parent, guardian, 
                                        driving instructor, or licensed 
                                        driver who is at least 21 years 
                                        of age is in the motor vehicle.
                    ``(B) Tier 2 state.--A State shall be eligible for 
                a grant under this subsection as a Tier 2 State if such 
                State requires novice drivers younger than 18 years of 
                age to comply with a 2-stage graduated driver licensing 
                process before receiving an unrestricted driver's 
                license that includes--
                            ``(i) a learner's permit stage that--
                                    ``(I) is at least 180 days in 
                                duration;
                                    ``(II) requires that the driver be 
                                accompanied and supervised at all 
                                times; and
                                    ``(III) has a requirement that the 
                                driver obtain at least 50 hours of 
                                behind-the-wheel training, with at 
                                least 10 hours at night, with a 
                                supervisor; and
                            ``(ii) an intermediate stage that--
                                    ``(I) commences immediately after 
                                the expiration of the learner's permit 
                                stage;
                                    ``(II) is at least 180 days in 
                                duration; and
                                    ``(III) for the first 180 days of 
                                the intermediate stage, restricts the 
                                driver from--
                                            ``(aa) driving at night 
                                        between the hours of 10:00 p.m. 
                                        and at least 4:00 a.m. except--

                                                    ``(AA) when a 
                                                parent, guardian, 
                                                driving instructor, or 
                                                licensed driver who is 
                                                at least 21 years of 
                                                age is in the motor 
                                                vehicle; and

                                                    ``(BB) when driving 
                                                to and from work, 
                                                school and school-
                                                related activities, 
                                                religious activities, 
                                                for emergencies, or as 
                                                a member of voluntary 
                                                emergency service; and

                                            ``(bb) operating a motor 
                                        vehicle with any nonfamilial 
                                        passenger younger than 18 years 
                                        of age, except when a parent, 
                                        guardian, driving instructor, 
                                        or licensed driver who is at 
                                        least 21 years of age is in the 
                                        motor vehicle.'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A) by inserting 
                        ``subparagraphs (A) and (B) of'' before 
                        ``paragraph (2)''; and
                            (ii) in subparagraph (B) by inserting 
                        ``subparagraphs (A) and (B) of'' before 
                        ``paragraph (2)'' each place such term appears; 
                        and
                    (D) by striking paragraph (5) and inserting the 
                following:
            ``(5) Use of funds.--
                    ``(A) Tier 1 states.--A Tier 1 State shall use 
                grant funds provided under this subsection for--
                            ``(i) enforcing a 2-stage licensing process 
                        that complies with paragraph (2);
                            ``(ii) training for law enforcement 
                        personnel and other relevant State agency 
                        personnel relating to the enforcement described 
                        in clause (i);
                            ``(iii) publishing relevant educational 
                        materials that pertain directly or indirectly 
                        to the State graduated driver licensing law;
                            ``(iv) carrying out other administrative 
                        activities that the Secretary considers 
                        relevant to the State's 2-stage licensing 
                        process; or
                            ``(v) carrying out a teen traffic safety 
                        program described in section 402(m).
                    ``(B) Tier 2 states .--Of the grant funds made 
                available to a Tier 2 State under this subsection--
                            ``(i) 25 percent shall be used for any 
                        activity described in subparagraph (A); and
                            ``(ii) 75 percent may be used for any 
                        project or activity eligible under section 
                        402.''; and
            (6) by adding at the end the following:
    ``(i) Driver and Officer Safety Education.--
            ``(1) General authority.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to--
                    ``(A) States that enact a commuter safety education 
                program; and
                    ``(B) States qualifying under paragraph (5)(A).
            ``(2) Federal share.--The Federal share of the costs of 
        activities carried out using amounts from a grant awarded under 
        this subsection may not exceed 80 percent.
            ``(3) Eligibility.--To be eligible for a grant under this 
        subsection, a State shall enact a law or adopt a program that 
        requires the following:
                    ``(A) Driver education and driving safety 
                courses.--Inclusion, in driver education and driver 
                safety courses provided to individuals by educational 
                and motor vehicle agencies of the State, of instruction 
                and testing concerning law enforcement practices during 
                traffic stops, including information on--
                            ``(i) the role of law enforcement and the 
                        duties and responsibilities of peace officers;
                            ``(ii) an individual's legal rights 
                        concerning interactions with peace officers;
                            ``(iii) best practices for civilians and 
                        peace officers during such interactions;
                            ``(iv) the consequences for an individual's 
                        or officer's failure to comply with those laws 
                        and programs; and
                            ``(v) how and where to file a complaint 
                        against or a compliment on behalf of a peace 
                        officer.
                    ``(B) Peace officer training programs.--Development 
                and implementation of a training program, including 
                instruction and testing materials, for peace officers 
                and reserve law enforcement officers (other than 
                officers who have received training in a civilian 
                course described in subparagraph (A)) with respect to 
                proper interaction with civilians during traffic stops.
            ``(4) Grant amount.--The allocation of grant funds to a 
        State under this subsection for a fiscal year shall be in 
        proportion to the State's apportionment under section 402 for 
        fiscal year 2009.
            ``(5) Special rule for certain states.--
                    ``(A) Qualifying state.--A State qualifies pursuant 
                to this subparagraph if--
                            ``(i) the Secretary determines such State 
                        has taken meaningful steps toward the full 
                        implementation of a law or program described in 
                        paragraph (3);
                            ``(ii) the Secretary determines such State 
                        has established a timetable for the 
                        implementation of such a law or program; and
                            ``(iii) such State has received a grant 
                        pursuant to this subsection for a period of not 
                        more than 5 years.
                    ``(B) Withholding.--With respect to a State that 
                qualifies pursuant to subparagraph (A), the Secretary 
                shall--
                            ``(i) withhold 50 percent of the amount 
                        that such State would otherwise receive if such 
                        State were a State described in paragraph 
                        (1)(A); and
                            ``(ii) direct any such amounts for 
                        distribution among the States that are 
                        enforcing and carrying out a law or program 
                        described in paragraph (3).
            ``(6) Use of grant amounts.--A State receiving a grant 
        under this subsection may use such grant--
                    ``(A) for the production of educational materials 
                and training of staff for driver education and driving 
                safety courses and peace officer training described in 
                paragraph (3); and
                    ``(B) for the implementation of the law described 
                in paragraph (3).''.

SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE 
              INTOXICATED OR DRIVING UNDER THE INFLUENCE.

    Section 164(b)(1) of title 23, United States Code, is amended--
            (1) in subparagraph (A) by striking ``alcohol-impaired'' 
        and inserting ``alcohol or polysubstance-impaired''; and
            (2) in subparagraph (B)--
                    (A) by striking ``alcohol-impaired'' and inserting 
                ``alcohol or polysubstance-impaired'';
                    (B) by striking ``or'' and inserting a comma; and
                    (C) by inserting ``, or driving while 
                polysubstance-impaired'' after ``driving under the 
                influence''.

SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

    Section 4010(2) of the FAST Act (23 U.S.C. 405 note) is amended by 
striking ``deficiencies'' and inserting ``all deficiencies''.

                     TITLE IV--MOTOR CARRIER SAFETY

   Subtitle A--Motor Carrier Safety Grants, Operations, and Programs

SEC. 4101. MOTOR CARRIER SAFETY GRANTS.

    Section 31104 of title 49, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Financial Assistance Programs.--The following sums are 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account):
            ``(1) Motor carrier safety assistance program.--Subject to 
        paragraph (2) and subsection (c), to carry out section 31102 
        (except subsection (l))--
                    ``(A) $388,950,000 for fiscal year 2022;
                    ``(B) $398,700,000 for fiscal year 2023;
                    ``(C) $408,900,000 for fiscal year 2024; and
                    ``(D) $418,425,000 for fiscal year 2025.
            ``(2) High priority activities program.--Subject to 
        subsection (c), to carry out section 31102(l)--
                    ``(A) $72,604,000 for fiscal year 2022;
                    ``(B) $74,424,000 for fiscal year 2023;
                    ``(C) $76,328,000 for fiscal year 2024; and
                    ``(D) $78,106,000 for fiscal year 2025.
            ``(3) Commercial motor vehicle operators grant program.--To 
        carry out section 31103--
                    ``(A) $1,037,200 for fiscal year 2022;
                    ``(B) $1,063,200 for fiscal year 2023;
                    ``(C) $1,090,400 for fiscal year 2024; and
                    ``(D) $1,115,800 for fiscal year 2025.
            ``(4) Commercial driver's license program implementation 
        program.--Subject to subsection (c), to carry out section 
        31313--
                    ``(A) $56,008,800 for fiscal year 2022;
                    ``(B) $57,412,800 for fiscal year 2023;
                    ``(C) $58,881,600 for fiscal year 2024; and
                    ``(D) $60,253,200 for fiscal year 2025.'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Partner Training and Program Support.--
            ``(1) In general.--On October 1 of each fiscal year, or as 
        soon after that date as practicable, the Secretary may deduct 
        from amounts made available under paragraphs (1), (2), and (4) 
        of subsection (a) for that fiscal year not more than 1.50 
        percent of those amounts for partner training and program 
        support in that fiscal year.
            ``(2) Use of funds.--The Secretary shall use at least 75 
        percent of the amounts deducted under paragraph (1) on training 
        and related training materials for non-Federal Government 
        employees.
            ``(3) Partnership.--The Secretary shall carry out the 
        training and development of materials pursuant to paragraph (2) 
        in partnership with one or more nonprofit organizations, 
        selected on a competitive basis, that have--
                    ``(A) expertise in conducting a training program 
                for non-Federal Government employees; and
                    ``(B) a demonstrated ability to involve in a 
                training program the target population of commercial 
                motor vehicle safety enforcement employees.'';
            (3) in subsection (f)--
                    (A) in paragraph (1) by striking ``the next fiscal 
                year'' and inserting ``the following 2 fiscal years'';
                    (B) in paragraph (2) by striking ``the next 2 
                fiscal years'' and inserting ``the following 3 fiscal 
                years''; and
                    (C) in paragraph (3) by striking ``the next 4 
                fiscal years'' and inserting ``the following 5 fiscal 
                years''; and
            (4) by adding at the end the following:
    ``(j) Treatment of Reallocations.--Amounts that are obligated and 
subsequently, after the date of enactment of this subsection, released 
back to the Secretary under subsection (i) shall not be subject to 
limitations on obligations provided under any other provision of 
law.''.

SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.

    (a) In General.--Section 31110 of title 49, United States Code, is 
amended by striking subsection (a) and inserting the following:
    ``(a) Administrative Expenses.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to pay administrative 
expenses of the Federal Motor Carrier Safety Administration--
            ``(1) $380,500,000 for fiscal year 2022;
            ``(2) $381,500,000 for fiscal year 2023;
            ``(3) $382,500,000 for fiscal year 2024; and
            ``(4) $384,500,000 for fiscal year 2025.''.
    (b) Administrative Expenses.--
            (1) Use of funds.--The Administrator of the Federal Motor 
        Carrier Safety Administration shall use funds made available in 
        subsection (a) for--
                    (A) acceleration of planned investments to 
                modernize the Administration's information technology 
                and information management systems;
                    (B) completing outstanding mandates;
                    (C) carrying out a Large Truck Crash Causal Factors 
                Study of the Administration;
                    (D) construction and maintenance of border 
                facilities; and
                    (E) other activities authorized under section 
                31110(b) of title 49, United States Code.
            (2) Definition of outstanding mandate.--In this subsection, 
        the term ``outstanding mandate'' means a requirement for the 
        Federal Motor Carrier Safety Administration to issue 
        regulations, undertake a comprehensive review or study, conduct 
        a safety assessment, or collect data--
                    (A) under this Act;
                    (B) under MAP-21 (Public Law 112-141), that has not 
                been published in the Federal Register, if required, or 
                otherwise completed as of the date of enactment of this 
                Act;
                    (C) under the FAST Act (Public Law 114-94), that 
                has not been published in the Federal Register, if 
                required, or otherwise completed as the of the date of 
                enactment of this Act; and
                    (D) under any other Act enacted before the date of 
                enactment of this Act that has not been published in 
                the Federal Register by the date required in such Act.

               Subtitle B--Motor Carrier Safety Oversight

SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

    Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is amended--
            (1) in subsection (b)(1) by inserting ``, including small 
        business motor carriers'' after ``industry''; and
            (2) in subsection (d) by striking ``September 30, 2013'' 
        and inserting ``September 30, 2025''.

SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall implement a revised 
methodology to be used in the Compliance, Safety, Accountability 
program of the Federal Motor Carrier Safety Administration to identify 
and prioritize motor carriers for intervention, using the 
recommendations of the study required by section 5221(a) of the FAST 
Act (49 U.S.C. 31100 note).
    (b) Data Availability.--The Secretary shall, in working toward 
implementation of the revised methodology described in subsection (a)--
            (1) prioritize revisions necessary to restore the public 
        availability of all relevant safety data under a revised 
        methodology; and
            (2) make such safety data publicly available that was made 
        publicly available on the day before the date of enactment of 
        the FAST Act, and make publicly available any safety data that 
        was required to be made available by section 5223 of the FAST 
        Act (49 U.S.C. 31100 note).
    (c) Implementation.--
            (1) Progress reports.--Not later than 30 days after the 
        date of enactment of this Act, and every 90 days thereafter 
        until the date on which the Secretary implements the revised 
        methodology described in subsection (a), 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, and make publicly 
        available on a website of the Department of Transportation, a 
        progress report on--
                    (A) the status of the revision of the methodology 
                and related data modifications under subsection (a), a 
                timeline for completion of such revision, and an 
                estimated date for implementation of such revised 
                methodology;
                    (B) an explanation for any delays in development or 
                implementation of the revised methodology over the 
                reporting period; and
                    (C) if the Secretary has not resumed making 
                publicly available the data described in subsection 
                (b), an updated timeline for the restoration of the 
                public availability of data and a detailed explanation 
                for why such restoration has not occurred.
            (2) Publication and notification.--Prior to commencing the 
        use of the revised methodology described in subsection (a) to 
        identify and prioritize motor carriers for intervention (other 
        than in a testing capacity), the Secretary shall--
                    (A) publish the methodology in the Federal Register 
                and provide a period for public comment; and
                    (B) notify the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, in writing.
    (d) Safety Fitness Rule.--
            (1) Rulemaking.--Not later than 1 year after the date on 
        which the Secretary notifies Congress under subsection (c)(2), 
        the Secretary shall issue final regulations pursuant to section 
        31144(b) of title 49, United States Code, to revise the 
        methodology for issuance of motor carrier safety fitness 
        determinations.
            (2) Considerations.--In issuing the regulations under 
        paragraph (1), the Secretary shall consider the use of all 
        available data to determine the fitness of a motor carrier.
    (e) Repeal.--Section 5223 of the FAST Act (49 U.S.C. 31100 note), 
and the item related to such section in the table of contents in 
section 1(b) of such Act, are repealed.

SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS.

    Section 31315 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)(A) by inserting ``, including 
                data submission requirements,'' after ``terms and 
                conditions''; and
                    (B) by striking paragraph (8) and inserting the 
                following:
            ``(8) Terms and conditions.--
                    ``(A) In general.--The Secretary shall establish 
                terms and conditions for each exemption to ensure that 
                the exemption does not degrade the level of safety 
                achieved by the person or class of persons granted the 
                exemption, including--
                            ``(i) requiring the regular submission of 
                        accident and incident data to the Secretary;
                            ``(ii) requiring immediate notification to 
                        the Secretary in the event of a fatal accident; 
                        and
                            ``(iii) for exemptions granted by the 
                        Secretary related to hours of service rules 
                        under part 395 of title 49, Code of Federal 
                        Regulations, requiring that the exempt person 
                        or class of persons submit to the Secretary 
                        evidence of participation in a recognized 
                        fatigue management plan.
                    ``(B) Implementation.--The Secretary shall monitor 
                the implementation of the exemption to ensure 
                compliance with its terms and conditions.''; and
            (2) in subsection (e) by inserting ``, based on an analysis 
        of data collected by the Secretary and submitted to the 
        Secretary under subsection (b)(8)'' after ``safety''.

SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PASSENGERS.

    Section 31144(i) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) by striking ``who the 
                Secretary registers under section 13902 or 31134''; and
                    (B) in subparagraph (B) by inserting ``to motor 
                carriers of passengers and'' after ``apply''; and
            (2) by adding at the end the following:
            ``(5) Motor carrier of passengers defined.--In this 
        subsection, the term `motor carrier of passengers' includes an 
        offeror of motorcoach services that sells scheduled 
        transportation of passengers for compensation at fares and on 
        schedules and routes determined by such offeror, regardless of 
        ownership or control of the vehicles or drivers used to provide 
        the transportation by motorcoach.''.

           Subtitle C--Commercial Motor Vehicle Driver Safety

SEC. 4301. COMMERCIAL DRIVERS LICENSE FOR PASSENGER CARRIERS.

    Section 31301(4)(B) of title 49, United States Code, is amended to 
read as follows:
                    ``(B) is designed or used to transport--
                            ``(i) more than 8 passengers (including the 
                        driver) for compensation; or
                            ``(ii) more than 15 passengers (including 
                        the driver), whether or not the transportation 
                        is provided for compensation; or''.

SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

    Section 31306(c)(2) of title 49, United States Code, is amended by 
striking ``, for urine testing,''.

SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.

    Not later than January 1, 2021, and every 90 days thereafter until 
the compliance date for the final rule published on December 8, 2016, 
titled ``Minimum Training Requirements for Entry-Level Commercial Motor 
Vehicle Operators'' (81 Fed. Reg. 88732), the Secretary shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on--
            (1) a schedule, including benchmarks, to complete 
        implementation of the requirements under such final rule;
            (2) any anticipated delays, if applicable, in meeting the 
        benchmarks described in paragraph (1);
            (3) the progress that the Secretary has made in updating 
        the Department of Transportation's information technology 
        infrastructure to support the training provider registry;
            (4) a list of States that have adopted laws or regulations 
        to implement such final rule; and
            (5) a list of States, if applicable, that are implementing 
        the rule and confirming that an applicant for a Commercial 
        Drivers License has complied with the requirements.

SEC. 4304. DRIVER DETENTION TIME.

    (a) Data Collection.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall--
            (1) begin to collect data on delays experienced by 
        operators of commercial motor vehicles, as required under 
        section 5501 of the FAST Act (49 U.S.C. 14103 note) and as 
        referenced in the request for information published on June 10, 
        2019, titled ``Request for Information Concerning Commercial 
        Motor Vehicle Driver Detention Times During Loading and 
        Unloading'' (84 Fed. Reg. 26932); and
            (2) make such data available on a publicly accessible 
        website of the Department of Transportation.
    (b) Detention Time Limits.--
            (1) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall initiate a 
        rulemaking to establish limits on the amount of time that an 
        operator of a commercial motor vehicle may be reasonably 
        detained by a shipper or receiver before the loading or 
        unloading the vehicle, if the operator is not compensated for 
        such time detained.
            (2) Contents.--As part of the rulemaking conducted pursuant 
        to subsection (a), the Secretary shall--
                    (A) consider the diverse nature of operations in 
                the movement of goods by commercial motor vehicle;
                    (B) examine any correlation between time detained 
                and violations of the hours-of-service rules under part 
                395 of title 49, Code of Federal Regulations;
                    (C) determine whether the effect of detention time 
                on safety differs based on--
                            (i) how an operator is compensated; and
                            (ii) the contractual relationship between 
                        the operator and the motor carrier, including 
                        whether an operator is an employee, a leased 
                        owner-operator, or an owner-operator with 
                        independent authority; and
                    (D) establish a process for a motor carrier, 
                shipper, receiver, broker, or commercial motor vehicle 
                operator to report instances of time detained beyond 
                the Secretary's established limits.
            (3) Incorporation of information.--The Secretary shall 
        incorporate information received under paragraph (2)(D) into 
        the process established pursuant to subsection (a) once a final 
        rule takes effect.
    (c) Data Protection.--Data made available pursuant to this section 
shall be made available in a manner that--
            (1) precludes the connection of the data to any individual 
        motor carrier or commercial motor vehicle operator; and
            (2) protects privacy and confidentiality of individuals, 
        operators, and motor carriers submitting the data.
    (d) Commercial Motor Vehicle Defined.--In this section, the term 
``commercial motor vehicle'' has the meaning given such term in section 
31101 of title 49, United States Code.

SEC. 4305. TRUCK LEASING TASK FORCE.

    (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of Labor, shall establish a Truck Leasing Task Force 
(hereinafter referred to as the ``Task Force'').
    (b) Membership.--The Secretary of Transportation shall select not 
more than 15 individuals to serve as members of the Task Force, 
including equal representation from each of the following:
            (1) Labor organizations.
            (2) The motor carrier industry, including independent 
        owner-operators.
            (3) Consumer protection groups.
            (4) Safety groups.
            (5) Members of the legal profession who specialize in 
        consumer finance issues.
    (c) Duties.--The Task Force shall examine, at a minimum--
            (1) common truck leasing arrangements available to 
        commercial motor vehicle drivers, including lease-purchase 
        agreements;
            (2) the terms of such leasing agreements;
            (3) the prevalence of predatory leasing agreements in the 
        motor carrier industry;
            (4) specific agreements available to drayage drivers at 
        ports related to the Clean Truck Program or similar programs to 
        decrease emissions from port operations;
            (5) the impact of truck leasing agreements on the net 
        compensation of commercial motor vehicle drivers, including 
        port drayage drivers;
            (6) resources to assist commercial motor vehicle drivers in 
        assessing the impacts of leasing agreements; and
            (7) the classification of commercial motor vehicle drivers 
        under lease-purchase agreements.
    (d) Compensation.--A member of the Task Force shall serve without 
compensation.
    (e) Report.--Upon completion of the examination described in 
subsection (c), the Task Force shall submit to the Secretary of 
Transportation, Secretary of Labor, and appropriate congressional 
committees a report containing the following:
            (1) the findings of the Task Force on the matters described 
        in subsection (c);
            (2) best practices related to--
                    (A) assisting a commercial motor vehicle driver in 
                assessing the impacts of leasing agreements prior to 
                entering into such agreements; and
                    (B) assisting a commercial motor vehicle driver who 
                has entered into a predatory lease agreement; and
            (3) recommendations on changes to laws or regulations, as 
        applicable, at the Federal, State, or local level to promote 
        fair leasing agreements under which a commercial motor vehicle 
        driver is able to earn a living wage.
    (f) Termination.--Not later than 1 month after the date of 
submission of the report pursuant to subsection (e), the Task Force 
shall terminate.

SEC. 4306. HOURS OF SERVICE.

    (a) Authority to Issue Regulations.--Notwithstanding the authority 
of the Secretary of Transportation to issue regulations under section 
31502 of title 49, United States Code, the Secretary shall delay the 
effective date of the final rule published on June 1, 2020, titled 
``Hours of Service of Drivers'' (85 Fed. Reg. 33396) until 60 days 
after the date on which the Secretary submits the report required under 
subsection (c).
    (b) Comprehensive Review.--
            (1) Comprehensive review of hours of service rules.--Not 
        later than 60 days after the date of enactment of this Act, the 
        Secretary shall initiate a comprehensive review of hours of 
        service rules and the impacts of waivers, exemptions, and other 
        allowances that limit the applicability of such rules.
            (2) List of exemptions.--In carrying out the comprehensive 
        review required under paragraph (1), the Secretary shall--
                    (A) compile a list of waivers, exemptions, and 
                other allowances--
                            (i) under which a driver may operate in 
                        excess of the otherwise applicable limits on 
                        on-duty or driving time in absence of such 
                        exemption, waiver, or other allowance;
                            (ii) under which a driver may operate 
                        without recording compliance with hours of 
                        service rules through the use of an electronic 
                        logging device; and
                            (iii) applicable--
                                    (I) to specific segments of the 
                                motor carrier industry or sectors of 
                                the economy;
                                    (II) on a periodic or seasonal 
                                basis; and
                                    (III) to specific types of 
                                operations, including the short haul 
                                exemption under part 395 of title 49, 
                                Code of Federal Regulations;
                    (B) specify whether each such waiver, exemption, or 
                other allowance was granted by the Department of 
                Transportation or enacted by Congress, and how long 
                such waiver, exemption, or other allowance has been in 
                effect; and
                    (C) estimate the number of motor carriers, motor 
                private carriers, and drivers that may qualify to use 
                each waiver, exemption, or other allowance.
            (3) Safety impact analysis.--
                    (A) In general.--In carrying out the comprehensive 
                review under paragraph (1), the Secretary, in 
                consultation with State motor carrier enforcement 
                entities, shall undertake a statistically valid 
                analysis to determine the safety impact, including on 
                enforcement, of the exemptions, waivers, or other 
                allowances compiled under paragraph (2) by--
                            (i) using available data, or collecting 
                        from motor carriers or motor private carriers 
                        and drivers operating under an exemption, 
                        waiver, or other allowance if the Secretary 
                        does not have sufficient data, to determine the 
                        incidence of accidents, fatigue-related 
                        incidents, and other relevant safety 
                        information related to hours of service among 
                        motor carriers, private motor carriers, and 
                        drivers permitted to operate under each 
                        exemption, waiver, or other allowance;
                            (ii) comparing the data described in 
                        subparagraph (A) to safety data from motor 
                        carriers, motor private carriers, and drivers 
                        that are subject to the hours of service rules 
                        and not operating under an exemption, waiver, 
                        or other allowance; and
                            (iii) based on the comparison under 
                        subparagraph (B), determining whether waivers, 
                        exemptions, and other allowances in effect 
                        provide an equivalent level of safety as would 
                        exist in the absence of exemptions, waivers, or 
                        other allowances.
                    (B) Consultation.--The Secretary shall consult with 
                State motor carrier enforcement entities in carrying 
                out this paragraph.
                    (C) Exclusions.--The Secretary shall exclude data 
                related to exemptions, waivers, or other allowances 
                made pursuant to an emergency declaration under section 
                390.23 of title 49, Code of Federal Regulations, or 
                extended under section 390.25 of title 49, Code of 
                Federal Regulations, from the analysis required under 
                this paragraph.
            (4) Driver impact analysis.--In carrying out the 
        comprehensive review under paragraph (1), the Secretary shall 
        further consider--
                    (A) data on driver detention collected by the 
                Secretary pursuant to section 4304 of this Act and 
                other conditions affecting the movement of goods by 
                commercial motor vehicle, and how such conditions 
                interact with the Secretary's regulations on hours of 
                service;
                    (B) whether exemptions, waivers, or other 
                allowances that permit additional on-duty time or 
                driving time have a deleterious effect on the physical 
                condition of drivers; and
                    (C) whether differences in the manner in which 
                drivers are compensated result in different levels of 
                burden for drivers in complying with hours of service 
                rules.
    (c) Publication.--Not later than 18 months after the date that the 
Secretary initiates the comprehensive review under subsection (b)(1), 
the Secretary shall publish the findings of such review in the Federal 
Register and provide for a period for public comment.
    (d) Report to Congress.--Not later than 30 days after the 
conclusion of the public comment period under subsection (c), the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives and make publicly available on a website of 
the Department of Transportation a report containing the information 
and analyses required under subsection (b).
    (e) Revision of Guidance.--Notwithstanding subsection (a), the 
Secretary shall revise the Department of Transportation guidance 
published on June 7, 2018, titled ``Hours of Service of Drivers of 
Commercial Motor Vehicles: Regulatory Guidance Concerning the Use of a 
Commercial Motor Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377) 
to establish specific mileage or time limits, or both, for the use of 
personal conveyance.
    (f) Definitions.--In this section:
            (1) Motor carrier; motor private carrier.--The terms 
        ``motor carrier'' and ``motor private carrier'' have the 
        meanings given such terms in section 31501 of title 49, United 
        States Code.
            (2) On-duty time; driving time; electronic logging 
        device.--The terms ``on-duty time'', ``driving time'', and 
        ``electronic logging device'' have the meanings given such 
        terms in section 395.2 of title 49, Code of Federal Regulations 
        (as in effect on June 1, 2020).

SEC. 4307. DRIVER RECRUITMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Inspector General of the Department of Transportation 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report examining the operation of 
commercial motor vehicles in the United States by drivers admitted to 
the United States under temporary business visas.
    (b) Contents.--The report under paragraph (1) shall include--
            (1) an assessment of--
                    (A) the prevalence of the operation of commercial 
                motor vehicles in the United States by drivers admitted 
                to the United States under temporary business visas;
                    (B) the characteristics of motor carriers that 
                recruit and use such drivers, including the country of 
                domicile of the motor carrier or subsidiary;
                    (C) the demographics of drivers operating in the 
                United States under such visas, including the country 
                of domicile of such drivers; and
                    (D) the contractual relationship between such motor 
                carriers and such drivers;
            (2) an analysis of whether such drivers are required to 
        comply with--
                    (A) motor carrier safety regulations under 
                subchapter B of chapter III of title 49, Code of 
                Federal Regulations, including--
                            (i) the English proficiency requirement 
                        under section 391.11(2) of title 49, Code of 
                        Federal Regulations;
                            (ii) the requirement for drivers of a motor 
                        carrier to report any violations of a 
                        regulation to such motor carrier under section 
                        391.27 of title 49, Code of Federal 
                        Regulations; and
                            (iii) drivers licensing requirements under 
                        part 383 of title 49, Code of Federal 
                        Regulations, including entry level driver 
                        training and drug and alcohol testing under 
                        part 382 of such title; and
                    (B) regulations prohibiting point-to-point 
                transportation in the United States, or cabotage, under 
                part 365 of title 49, Code of Federal Regulations;
            (3) an evaluation of the safety record of the operations 
        and drivers described in paragraph (1), including--
                    (A) violations of the motor carrier safety 
                regulations under subchapter B of chapter III of title 
                49, Code of Federal Regulations, including applicable 
                requirements described in paragraph (2)(A); and
                    (B) the number of crashes involving such operations 
                and drivers; and
            (4) the impact of such operations and drivers on--
                    (A) commercial motor vehicle drivers domiciled in 
                the United States, including employment levels and 
                driver compensation of such drivers; and
                    (B) the competitiveness of motor carriers domiciled 
                in the United States.
    (c) Definitions.--In this section:
            (1) Commercial motor vehicle.--In this section, the term 
        ``commercial motor vehicle'' has the meaning given such term in 
        section 31101 of title 49, United States Code.
            (2) Temporary business visa.--The term ``temporary business 
        visa'' means any driver who is present in the United States 
        with status under section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(i)(b)).

       Subtitle D--Commercial Motor Vehicle and School Bus Safety

SEC. 4401. SCHOOL BUS SAFETY STANDARDS.

    (a) School Bus Seat Belts.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue a notice of 
        proposed rulemaking to consider requiring large school buses to 
        be equipped with safety belts for all seating positions, if the 
        Secretary determines that such standards meet the requirements 
        and considerations set forth in subsections (a) and (b) of 
        section 30111 of title 49, United States Code.
            (2) Considerations.--In issuing a notice of proposed 
        rulemaking under paragraph (1), the Secretary shall consider--
                    (A) the safety benefits of a lap/shoulder belt 
                system (also known as a ``Type 2 seat belt assembly'');
                    (B) the recommendations of the National 
                Transportation Safety Board on seat belts in school 
                buses; and
                    (C) existing experience from States that require 
                school buses to be equipped with seat belts, including 
                Type 2 seat belt assembly.
            (3) Report.--If the Secretary determines that a standard 
        described in paragraph (1) does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        describes the reasons for not prescribing such a standard.
            (4) Application of regulations.--Any regulation issued 
        based on the notice of proposed rulemaking described in 
        paragraph (1) shall apply to school buses manufactured more 
        than 3 years after the date on which the regulation takes 
        effect.
    (b) Automatic Emergency Braking.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall--
            (1) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires all school 
        buses manufactured after the effective date of such standard to 
        be equipped with an automatic emergency braking system; and
            (2) as part of such standard, establish performance 
        requirements for automatic emergency braking systems, including 
        operation of such systems.
    (c) Electronic Stability Control.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall--
            (1) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires all school 
        buses manufactured after the effective date of such standard to 
        be equipped with an electronic stability control system (as 
        such term is defined in section 571.136 of title 49, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        this Act)); and
            (2) as part of such standard, establish performance 
        requirements for electronic stability control systems, 
        including operation of such systems.
    (d) Fire Prevention and Mitigation.--
            (1) Research and testing.--The Secretary shall conduct 
        research and testing to determine the most prevalent causes of 
        school bus fires and the best methods to prevent such fires and 
        to mitigate the effect of such fires, both inside and outside 
        the school bus. Such research and testing shall consider--
                    (A) fire suppression systems standards, which at a 
                minimum prevent engine fires;
                    (B) firewall standards to prevent gas or flames 
                from entering into the passenger compartment in school 
                buses with engines that extend beyond the firewall; and
                    (C) interior flammability and smoke emissions 
                characteristics standards.
            (2) Standards.--The Secretary may issue fire prevention and 
        mitigation standards for school buses, based on the results of 
        the Secretary's research and testing under paragraph (1), if 
        the Secretary determines that such standards meet the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code.
    (e) Definitions.--In this section:
            (1) Automatic braking system.--The term ``automatic braking 
        system'' means a crash avoidance system installed and 
        operational in a vehicle that consists of--
                    (A) a forward warning function--
                            (i) to detect vehicles and objects ahead of 
                        the vehicle; and
                            (ii) to alert the operator of an impending 
                        collision; and
                    (B) a crash-imminent braking function to provide 
                automatic braking when forward-looking sensors of the 
                vehicle indicate that--
                            (i) a crash is imminent; and
                            (ii) the operator of the vehicle is not 
                        applying the brakes.
            (2) School bus.--The term ``school bus'' has the meaning 
        given the term ``schoolbus'' in section 30125(a) of title 49, 
        United States Code.
            (3) Large school bus.--The term ``large school bus'' means 
        a school bus with a gross vehicle weight rating of more than 
        10,000 pounds.

SEC. 4402. ILLEGAL PASSING OF SCHOOL BUSES.

    (a) Review of Illegal Passing Laws.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                    (A) prepare a compilation of illegal passing laws 
                in all States, including levels of enforcement and 
                penalties and enforcement issues with such laws and the 
                impact of such laws on illegal passing of school buses 
                in each State;
                    (B) review existing State laws that may inhibit 
                effective school bus loading zone countermeasures, 
                which may include laws requiring camera visibility of a 
                driver's face for enforcement action, laws that may 
                reduce stop arm camera effectiveness, the need for an 
                officer to witness the event for enforcement, and the 
                lack of primary enforcement for texting and driving;
                    (C) evaluate methods used by States to review, 
                document, and report to law enforcement school bus stop 
                arm violations; and
                    (D) following the completion of the compilation, 
                issue recommendations on best practices on the most-
                effective approaches to address illegal passing of 
                school buses.
            (2) Publication.--The compilation and recommendations 
        prepared under paragraph (1) shall be made publicly available 
        on the website of the Department of Transportation.
    (b) Public Safety Messaging Campaign.--
            (1) In general.--Not later than 1 year after the date on 
        which the Secretary makes the compilation and recommendations 
        under subsection (a)(2) publicly available, the Secretary shall 
        create and execute a public safety messaging campaign for 
        distribution to States, divisions of motor vehicles, schools, 
        and other public outlets to highlight the dangers of the 
        illegal passing of school buses, and should include educating 
        students and the public on safe loading and unloading of school 
        buses.
            (2) Consultation.--The Secretary shall consult with public 
        and private school bus industry representatives and States in 
        developing the campaign materials.
            (3) Update.--The Secretary shall periodically update such 
        materials.
    (c) Review of Technologies.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall review and evaluate 
        the effectiveness of various technologies to enhance school bus 
        safety, including cameras, audible warning systems, enhanced 
        lighting, and other technological solutions.
            (2) Content.--The review under paragraph (1)--
                    (A) shall include an evaluation of the costs of new 
                equipment and the potential impact on overall school 
                bus ridership;
                    (B) shall include an evaluation of advanced 
                technologies surrounding loading zone safety;
                    (C) shall include an evaluation of motion-activated 
                detection systems that are capable of--
                            (i) detecting pedestrians, bicyclists, and 
                        other road users located near the exterior of 
                        the school bus; and
                            (ii) alerting the operator of the school 
                        bus of the road users described in clause (i);
                    (D) shall include an evaluation of school bus 
                lighting systems, to ensure clear communication to 
                surrounding drivers on their appropriate action; and
                    (E) may include other technological solutions that 
                enhance school bus safety.
            (3) Consultation.--The Secretary shall consult with 
        manufacturers of school bus vehicles, manufacturers of various 
        technologies, and school bus industry representatives in 
        conducting the review under paragraph (1).
            (4) Publication.--The Secretary shall make the findings of 
        the review under paragraph (1) publicly available on the 
        website of the Department.
    (d) Review of Driver Education Materials.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall--
                    (A) review driver education materials across all 
                States to determine whether and how illegal passing of 
                school buses is addressed in driver education 
                materials, manuals, non-commercial driver's license 
                testing, and road tests; and
                    (B) make recommendations on how States can improve 
                education about illegal passing of school buses, 
                particularly with new drivers.
            (2) Consultation.--The Secretary shall consult with school 
        bus industry representatives, States, motor vehicle 
        administrators, and other appropriate motor vehicle experts in 
        the preparation of the review under paragraph (1).
            (3) Publication.--The Secretary shall make the findings of 
        the review under paragraph (1) publicly available on the 
        website of the Department.
    (e) Review of Other Safety Issues.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall--
                    (A) research the connections between illegal 
                passing of school buses and other safety issues, 
                including distracted driving, morning darkness, 
                illumination and reach of vehicle headlights, speed 
                limits, and school bus stop locations in rural areas; 
                and
                    (B) create a report containing the findings.
            (2) Publication.--The Secretary shall make the report 
        created under paragraph (1)(B) publicly available on the 
        website of the Department.

SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR 
              VEHICLES.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall issue a final rule 
based on the advance notice of proposed rulemaking published on April 
27, 2016, titled ``State Inspection Programs for Passenger-Carrier 
Vehicles'' (81 Fed. Reg. 24769).
    (b) Considerations.--In issuing a final rule under subsection (a), 
the Secretary shall consider the impact of continuing to allow self-
inspection as a means to satisfy periodic inspection requirements on 
the safety of passenger carrier operations.

SEC. 4404. AUTOMATIC EMERGENCY BRAKING.

    (a) Federal Motor Vehicle Safety Standard.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                    (A) prescribe a motor vehicle safety standard under 
                section 30111 of title 49, United States Code, that 
                requires all commercial motor vehicles manufactured 
                after the effective date of such standard to be 
                equipped with an automatic emergency braking system; 
                and
                    (B) as part of such standard, establish performance 
                requirements for automatic emergency braking systems, 
                including operation of such systems.
            (2) Considerations.--Prior to prescribing the standard 
        required under paragraph (1)(A), the Secretary shall--
                    (A) conduct a review of automatic emergency braking 
                systems in use in commercial motor vehicles and address 
                any identified deficiencies with such systems in the 
                rulemaking proceeding to prescribe the standard, if 
                practicable;
                    (B) assess the feasibility of updating the software 
                of emergency braking systems in use in commercial motor 
                vehicles to address any deficiencies and to enable such 
                systems to meet the new standard; and
                    (C) consult with representatives of commercial 
                motor vehicle drivers regarding the experiences of 
                drivers with automatic emergency braking systems in use 
                in commercial motor vehicles, including malfunctions or 
                unwarranted activations of such systems.
            (3) Compliance date.--The Secretary shall ensure that the 
        compliance date of the standard prescribed pursuant to 
        paragraph (1) shall be not later than 2 years after the date of 
        publication of the final rule prescribing such standard.
    (b) Federal Motor Carrier Safety Regulation.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall issue a 
regulation under section 31136 of title 49, United States Code, that 
requires that an automatic emergency braking system installed in a 
commercial motor vehicle in operation on or after the effective date of 
the standard prescribed under subsection (a) to be used at any time 
during which such commercial motor vehicle is in operation.
    (c) Definitions.--In this section:
            (1) Automatic emergency braking system.--The term 
        ``automatic emergency braking system'' means a crash avoidance 
        system installed and operational in a vehicle that consists 
        of--
                    (A) a forward collision warning function--
                            (i) to detect vehicles and objects ahead of 
                        the vehicle; and
                            (ii) to alert the operator of the vehicle 
                        of an impending collision; and
                    (B) a crash-imminent braking function to provide 
                automatic braking when forward-looking sensors of the 
                vehicle indicate that--
                            (i) a crash is imminent; and
                            (ii) the operator of the vehicle is not 
                        applying the brakes.
            (2) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31101 of 
        title 49, United States Code.

SEC. 4405. UNDERRIDE PROTECTION.

    (a) Rear Underride Guards.--
            (1) Rear guards on trailers and semi-trailers.--
                    (A) In general.--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 revise motor vehicle safety standards 
                under sections 571.223 and 571.224 of title 49, Code of 
                Federal Regulations, to require trailers and semi-
                trailers manufactured after the date on which such 
                regulation is issued to be equipped with rear impact 
                guards that are designed to prevent passenger 
                compartment intrusion from a trailer or semi-trailer 
                when a passenger vehicle traveling at 35 miles per hour 
                makes--
                            (i) an impact in which the passenger 
                        vehicle impacts the center of the rear of the 
                        trailer or semi-trailer;
                            (ii) an impact in which 50 percent the 
                        width of the passenger vehicle overlaps the 
                        rear of the trailer or semi-trailer; and
                            (iii) an impact in which 30 percent of the 
                        width of the passenger vehicle overlaps the 
                        rear of the trailer or semi-trailer.
                    (B) Effective date.--The rule issued under 
                subparagraph (A) shall require full compliance with the 
                motor carrier safety standard prescribed in such rule 
                not later than 2 years after the date on which a final 
                rule is issued.
            (2) Additional research.--The Secretary shall conduct 
        additional research on the design and development of rear 
        impact guards that can prevent underride crashes and protect 
        motor vehicle passengers against severe injury at crash speeds 
        of up to 65 miles per hour.
            (3) Review of standards.--Not later than 5 years after any 
        revisions to standards or requirements related to rear impact 
        guards pursuant to paragraph (1), the Secretary shall review 
        the standards or requirements to evaluate the need for changes 
        in response to advancements in technology and upgrade such 
        standards accordingly.
            (4) Inspections.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                issue such regulations as are necessary to amend the 
                regulations on minimum periodic inspection standards 
                under appendix G to subchapter B of chapter III of 
                title 49, Code of Federal Regulations, and driver 
                vehicle inspection reports under section 396.11 of 
                title 49, Code of Federal Regulations, to include rear 
                impact guards and rear end protection (as required by 
                section 393.86 of title 49, Code of Federal 
                Regulations).
                    (B) Considerations.--In updating the regulations 
                described in subparagraph (A), the Secretary shall 
                consider it to be a defect or a deficiency if a rear 
                impact guard is missing or has a corroded or 
                compromised element that affects the structural 
                integrity and protective feature of such guard.
    (b) Side Underride Guards.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall--
                    (A) complete additional research on side underride 
                guards to better understand the overall effectiveness 
                of such guards;
                    (B) assess the feasibility, benefits, and costs 
                associated with installing side underride guards on 
                newly-manufactured trailers and semitrailers with a 
                gross vehicle weight rating of 10,000 pounds or more; 
                and
                    (C) if warranted, develop performance standards for 
                such guards.
            (2) Independent research.--If the Secretary enters into a 
        contract with a third party to perform the research required 
        under paragraph (1)(A), the Secretary shall ensure that such 
        third party does not have any financial or contractual ties or 
        relationship with a motor carrier that transports passengers or 
        property for compensation, the motor carrier industry, or an 
        entity producing or supplying underride guards.
            (3) Publication of assessment.--Not later than 90 days 
        after completing the assessment required under paragraph 
        (1)(B), the Secretary shall issue a notice in the Federal 
        Register containing the findings of the assessment and provide 
        an opportunity for public comment.
            (4) Report to congress.--After the conclusion of the public 
        comment period under paragraph (3), the Secretary shall submit 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        provides--
                    (A) the results of the assessment under this 
                subsection;
                    (B) a summary of the public comments received by 
                the Secretary under paragraph (3); and
                    (C) a determination as to whether the Secretary 
                intends to develop performance requirements for side 
                underride guards, including any analysis that led to 
                such determination.
    (c) Advisory Committee on Underride Protection.--
            (1) Establishment.--The Secretary of Transportation shall 
        establish an Advisory Committee on Underride Protection (in 
        this subsection referred to as the ``Committee'') to provide 
        advice and recommendations to the Secretary on safety 
        regulations to reduce crashes and fatalities involving truck 
        underrides.
            (2) Representation.--
                    (A) In general.--The Committee shall be composed of 
                not more than 20 members appointed by the Secretary who 
                are not employees of the Department of Transportation 
                and who are qualified to serve because of their 
                expertise, training, or experience.
                    (B) Membership.--Members shall include 2 
                representatives of each of the following:
                            (i) Truck and trailer manufacturers.
                            (ii) Motor carriers, including independent 
                        owner-operators.
                            (iii) Law enforcement.
                            (iv) Motor vehicle engineers.
                            (v) Motor vehicle crash investigators.
                            (vi) Truck safety organizations.
                            (vii) The insurance industry.
                            (viii) Emergency medical service providers.
                            (ix) Families of underride crash victims.
                            (x) Labor organizations.
            (3) Compensation.--Members of the Committee shall serve 
        without compensation.
            (4) Meetings.--The Committee shall meet at least annually.
            (5) Support.--On request of the Committee, the Secretary 
        shall provide information, administrative services, and 
        supplies necessary for the Committee to carry out the duties 
        described in paragraph (1).
            (6) Report.--The Committee shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a biennial report that shall--
                    (A) describe the advice and recommendations made to 
                the Secretary; and
                    (B) include an assessment of progress made by the 
                Secretary in advancing safety regulations.
    (d) Data Collection.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall implement recommendations 1 
and 2 described in the report by the Government Accountability Office 
published on March 14, 2019, titled ``Truck Underride Guards: Improved 
Data Collection, Inspections, and Research Needed'' (GAO-19-264).

SEC. 4406. TRANSPORTATION OF HORSES.

    Section 80502 of title 49, United States Code, is amended--
            (1) in subsection (c), by striking ``This section does 
        not'' and inserting ``Subsections (a) and (b) shall not'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d) Transportation of Horses.--
            ``(1) Prohibition.--No person may transport, or cause to be 
        transported, a horse from a place in a State, the District of 
        Columbia, or a territory or possession of the United States 
        through or to a place in another State, the District of 
        Columbia, or a territory or possession of the United States in 
        a motor vehicle containing 2 or more levels stacked on top of 
        each other.
            ``(2) Motor vehicle defined.--In this subsection, the term 
        `motor vehicle'--
                    ``(A) means a vehicle driven or drawn by mechanical 
                power and manufactured primarily for use on public 
                highways; and
                    ``(B) does not include a vehicle operated 
                exclusively on a rail or rails.''; and
            (4) in subsection (e), as redesignated--
                    (A) by striking ``A rail carrier'' and inserting 
                the following:
            ``(1) In general.--A rail carrier'';
                    (B) by striking ``this section'' and inserting 
                ``subsection (a) or (b)''; and
                    (C) by striking ``On learning'' and inserting the 
                following:
            ``(2) Transportation of horses in multilevel trailer.--
                    ``(A) Civil penalty.--A person that knowingly 
                violates subsection (d) is liable to the United States 
                Government for a civil penalty of at least $100, but 
                not more than $500, for each violation. A separate 
                violation of subsection (d) occurs for each horse that 
                is transported, or caused to be transported, in 
                violation of subsection (d).
                    ``(B) Relationship to other laws.--The penalty 
                imposed under subparagraph (A) shall be in addition to 
                any penalty or remedy available under any other law.
            ``(3) Civil action.--On learning''.

                          TITLE V--INNOVATION

SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway research and development program.--To carry out 
        section 503(b) of title 23, United States Code, $144,000,000 
        for each of fiscal years 2022 through 2025.
            (2) Technology and innovation deployment program.--To carry 
        out section 503(c) of title 23, United States Code, 
        $152,000,000 for each of fiscal years 2022 through 2025.
            (3) Training and education.--To carry out section 504 of 
        title 23, United States Code, $26,000,000 for each of fiscal 
        years 2022 through 2025.
            (4) Intelligent transportation systems program.--To carry 
        out sections 512 through 518 of title 23, United States Code, 
        $100,000,000 for each of fiscal years 2022 through 2025.
            (5) University transportation centers program.--To carry 
        out section 5505 of title 49, United States Code, $96,000,000 
        for each of fiscal years 2022 through 2025.
            (6) Bureau of transportation statistics.--To carry out 
        chapter 63 of title 49, United States Code, $27,000,000 for 
        each of fiscal years 2022 through 2025.
    (b) Additional Programs.--The following amounts are authorized to 
be appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
            (1) Safe, efficient mobility through advanced 
        technologies.--To carry out section 503(c)(4) of title 23, 
        United States Code, $70,000,000 for each of fiscal years 2022 
        through 2025 from funds made available to carry out section 
        503(c) of such title.
            (2) Materials to reduce greenhouse gas emissions program.--
        To carry out section 503(d) of title 23, United States Code, 
        $10,000,000 for each of fiscal years 2022 through 2025 from 
        funds made available to carry out section 503(c) of such title.
            (3) National highly automated vehicle and mobility 
        innovation clearinghouse.--To carry out section 5507 of title 
        49, United States Code, $2,000,000 for each of fiscal years 
        2022 through 2025 from funds made available to carry out 
        sections 512 through 518 of title 23, United States Code.
            (4) National cooperative multimodal freight transportation 
        research program.--To carry out section 70205 of title 49, 
        United States Code, $4,000,000 for each of fiscal years 2022 
        through 2025.
            (5) State surface transportation system funding pilots.--To 
        carry out section 6020 of the FAST Act (23 U.S.C. 503 note), 
        $35,000,000 for each of fiscal years 2022 through 2025 from 
        funds made available to carry out section 503(b) of title 23, 
        United States Code.
            (6) National surface transportation system funding pilot.--
        To carry out section 5402 of this title, $10,000,000 for each 
        of fiscal years 2022 through 2025 from funds made available to 
        carry out section 503(b) of title 23, United States Code.
    (c) Administration.--The Federal Highway Administration shall--
            (1) administer the programs described in paragraphs (1), 
        (2), and (3) of subsection (a) and paragraph (1) of subsection 
        (b); and
            (2) in consultation with relevant modal administrations, 
        administer the programs described in subsections (a)(4) and 
        (b)(2).
    (d) Treatment of Funds.--Funds authorized to be appropriated by 
subsections (a) and (b) shall--
            (1) be available for obligation in the same manner as if 
        those funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the Federal share of the cost 
        of a project or activity carried out using those funds shall be 
        80 percent, unless otherwise expressly provided by this title 
        (including the amendments by this title) or otherwise 
        determined by the Secretary; and
            (2) remain available until expended and not be 
        transferable, except as otherwise provided in this title.

                  Subtitle A--Research and Development

SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--Section 503 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(2) by striking ``section 508'' and 
        inserting ``section 6503 of title 49''; and
            (2) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (ii) by striking ``; 
                                and'' and inserting a semicolon;
                                    (II) in clause (iii) by striking 
                                the period and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iv) to reduce greenhouse gas emissions 
                        and limit the effects of climate change.''; and
                            (ii) by striking subparagraphs (D) and (E);
                    (B) in paragraph (4)(A)--
                            (i) in clause (ii) by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in clause (iii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) to reduce greenhouse gas emissions 
                        and limit the effects of climate change.'';
                    (C) in paragraph (5)(A)--
                            (i) in clause (iv) by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in clause (v) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(vi) reducing greenhouse gas emissions 
                        and limiting the effects of climate change.'';
                    (D) in paragraph (8)(A) by inserting ``, ferry,'' 
                after ``highway'' each place it appears; and
                    (E) by adding at the end the following:
            ``(9) Analysis tools.--The Secretary may develop 
        interactive modeling tools and databases that--
                    ``(A) track the condition of highway assets, 
                including interchanges, and the reconstruction history 
                of such assets;
                    ``(B) can be used to assess transportation options;
                    ``(C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                    ``(D) further Federal and State understanding of 
                the importance of national and regional connectivity 
                and the need for long-distance and interregional 
                passenger and freight travel by highway and other 
                surface transportation modes.
            ``(10) Performance management data support program.--
                    ``(A) Performance management data support.--The 
                Administrator of the Federal Highway Administration 
                shall develop, use, and maintain data sets and data 
                analysis tools to assist metropolitan planning 
                organizations, States, and the Federal Highway 
                Administration in carrying out performance management 
                analyses (including the performance management 
                requirements under section 150).
                    ``(B) Inclusions.--The data analysis activities 
                authorized under subparagraph (A) may include--
                            ``(i) collecting and distributing vehicle 
                        probe data describing traffic on Federal-aid 
                        highways;
                            ``(ii) collecting household travel behavior 
                        data to assess local and cross-jurisdictional 
                        travel, including to accommodate external and 
                        through travel;
                            ``(iii) enhancing existing data collection 
                        and analysis tools to accommodate performance 
                        measures, targets, and related data, so as to 
                        better understand trip origin and destination, 
                        trip time, and mode;
                            ``(iv) enhancing existing data analysis 
                        tools to improve performance predictions and 
                        travel models in reports described in section 
                        150(e);
                            ``(v) developing tools--
                                    ``(I) to improve performance 
                                analysis; and
                                    ``(II) to evaluate the effects of 
                                project investments on performance;
                            ``(vi) assisting in the development or 
                        procurement of the transportation system access 
                        data under section 1403(g) of the INVEST in 
                        America Act; and
                            ``(vii) developing tools and acquiring data 
                        described under paragraph (9).
                    ``(C) Funding.--The Administrator of the Federal 
                Highway Administration may use up to $15,000,000 for 
                each of fiscal years 2022 through 2025 to carry out 
                this paragraph.''.
    (b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and 
the item relating to such section in the table of contents in section 
1(b) of such Act, are repealed.

SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.

    Section 503 of title 23, United States Code, as amended by section 
5101, is further amended by adding at the end the following:
    ``(d) Materials to Reduce Greenhouse Gas Emissions Program.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this subsection, the Secretary shall establish 
        and implement a program under which the Secretary shall award 
        grants to eligible entities to research and support the 
        development of materials that will reduce or sequester the 
        amount of greenhouse gas emissions generated during the 
        production of highway materials and the construction of 
        highways.
            ``(2) Activities.--The Secretary shall ensure that the 
        program, at a minimum--
                    ``(A) carries out research to determine the 
                materials proven to most effectively reduce or 
                sequester greenhouse gas emissions;
                    ``(B) evaluates and improves the ability of 
                materials to most effectively reduce or sequester 
                greenhouse gas emissions; and
                    ``(C) supports the development and deployment of 
                materials that will reduce or sequester greenhouse gas 
                emissions.
            ``(3) Competitive selection process.--
                    ``(A) Applications.--To be eligible to receive a 
                grant under this subsection, an eligible entity shall 
                submit to the Secretary an application in such form and 
                containing such information as the Secretary may 
                require.
                    ``(B) Consideration.--In making grants under this 
                subsection, the Secretary shall consider the degree to 
                which applicants presently carry out research on 
                materials that reduce or sequester greenhouse gas 
                emissions.
                    ``(C) Selection criteria.--The Secretary may make 
                grants under this subsection to any eligible entity 
                based on the demonstrated ability of the applicant to 
                fulfill the activities described in paragraph (2).
                    ``(D) Transparency.--
                            ``(i) In general.--The Secretary shall 
                        provide to each eligible entity submitting an 
                        application under this subsection, upon 
                        request, any materials, including copies of 
                        reviews (with any information that would 
                        identify a reviewer redacted), used in the 
                        evaluation process of the application of such 
                        entity.
                            ``(ii) 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 a report describing the 
                        overall review process for a grant under this 
                        subsection, including--
                                    ``(I) specific criteria of 
                                evaluation used in the review;
                                    ``(II) descriptions of the review 
                                process; and
                                    ``(III) explanations of the grants 
                                awarded.
            ``(4) Grants.--
                    ``(A) Restrictions.--
                            ``(i) In general.--For each fiscal year, a 
                        grant made available under this subsection 
                        shall be not greater than $4,000,000 and not 
                        less than $2,000,000 per recipient.
                            ``(ii) Limitation.--An eligible entity may 
                        only receive 1 grant in a fiscal year under 
                        this subsection.
                    ``(B) Matching requirements.--
                            ``(i) In general.--As a condition of 
                        receiving a grant under this subsection, a 
                        grant recipient shall match 50 percent of the 
                        amounts made available under the grant.
                            ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                    ``(I) section 504(b); or
                                    ``(II) section 505.
            ``(5) Program coordination.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) coordinate the research, education, 
                        and technology transfer activities carried out 
                        by grant recipients under this subsection;
                            ``(ii) disseminate the results of that 
                        research through the establishment and 
                        operation of a publicly accessible online 
                        information clearinghouse; and
                            ``(iii) to the extent practicable, support 
                        the deployment and commercial adoption of 
                        effective materials researched or developed 
                        under this subsection to relevant stakeholders.
                    ``(B) Annual review and evaluation.--Not later than 
                2 years after the date of enactment of this subsection, 
                and not less frequently than annually thereafter, the 
                Secretary shall, consistent with the activities in 
                paragraph (3)--
                            ``(i) review and evaluate the programs 
                        carried out under this subsection by grant 
                        recipients, describing the effectiveness of the 
                        program in identifying materials that reduce or 
                        sequester greenhouse gas emissions;
                            ``(ii) 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 describing such review and evaluation; 
                        and
                            ``(iii) make the report in clause (ii) 
                        available to the public on a website.
            ``(6) Limitation on availability of amounts.--Amounts made 
        available to carry out this subsection shall remain available 
        for obligation by the Secretary for a period of 3 years after 
        the last day of the fiscal year for which the amounts are 
        authorized.
            ``(7) Information collection.--Any survey, questionnaire, 
        or interview that the Secretary determines to be necessary to 
        carry out reporting requirements relating to any program 
        assessment or evaluation activity under this subsection, 
        including customer satisfaction assessments, shall not be 
        subject to chapter 35 of title 44.
            ``(8) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means a nonprofit institution of 
        higher education, as such term is defined in section 101 of the 
        Higher Education Act of 1965 (20 U.S.C. 1001).''.

SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC 
              PLAN.

    Section 6503 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking ``The Secretary'' and 
        inserting ``For the period of fiscal years 2017 through 2021, 
        and for each 5-year period thereafter, the Secretary'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (D) by inserting ``and the 
                existing transportation system'' after 
                ``infrastructure'';
                    (B) in subparagraph (E) by striking ``; and'' and 
                inserting a semicolon;
                    (C) by amending subparagraph (F) to read as 
                follows:
                    ``(F) reducing greenhouse gas emissions; and''; and
                    (D) by adding at the end the following:
                    ``(G) developing and maintaining a diverse 
                workforce in transportation sectors;''; and
            (3) in subsection (d) by striking ``not later than December 
        31, 2016,'' and inserting ``not later than December 31, 
        2021,''.

SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

    Section 5505 of title 49, United States Code, is amended--
            (1) in subsection (b)(4)--
                    (A) in subparagraph (A) by striking ``research 
                priorities identified in chapter 65.'' and inserting 
                the following: ``following research priorities:
                            ``(i) Improving the mobility of people and 
                        goods.
                            ``(ii) Reducing congestion.
                            ``(iii) Promoting safety.
                            ``(iv) Improving the durability and 
                        extending the life of transportation 
                        infrastructure and the existing transportation 
                        system.
                            ``(v) Preserving the environment.
                            ``(vi) Reducing greenhouse gas 
                        emissions.''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``Technology and'' and 
                        inserting ``Technology,''; and
                            (ii) by inserting ``, the Associate 
                        Administrator for Research, Demonstration, and 
                        Innovation and Administrator of the Federal 
                        Transit Administration,'' after ``Federal 
                        Highway Administration'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``Not later than 1 year 
                        after the date of enactment of this section,'' 
                        and inserting the following:
                    ``(A) Selection of grants.--Not later than 1 year 
                after the date of enactment of the INVEST in America 
                Act,''; and
                            (ii) by adding at the end the following:
                    ``(B) Limitations.--A grant under this subsection 
                may not include a cooperative agreement described in 
                section 6305 of title 31.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``5 
                        consortia'' and inserting ``6 consortia'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i) by striking ``not 
                                greater than $4,000,000 and not less 
                                than $2,000,000'' and inserting ``not 
                                greater than $4,250,000 and not less 
                                than $2,250,000''; and
                                    (II) in clause (ii) by striking 
                                ``section 6503(e)'' and inserting 
                                ``subsection (b)(4)(A)'';
                            (iii) in subparagraph (C) by striking ``100 
                        percent'' and inserting ``50 percent''; and
                            (iv) by adding at the end the following:
                    ``(D) Requirement.--In awarding grants under this 
                section, the Secretary shall award 1 grant to a 
                national consortia for each focus area described in 
                subsection (b)(4)(A).'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (C) by striking ``not 
                        greater than $3,000,000 and not less than 
                        $1,500,000'' and inserting ``not greater than 
                        $3,250,000 and not less than $1,750,000'';
                            (ii) in subparagraph (D)(i) by striking 
                        ``100 percent'' and inserting ``50 percent''; 
                        and
                            (iii) by striking subparagraph (E); and
                    (D) in paragraph (4)--
                            (i) in subparagraph (A) by striking 
                        ``greater than $2,000,000 and not less than 
                        $1,000,000'' and inserting ``greater than 
                        $2,250,000 and not less than $1,250,000''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Requirements.--In awarding grants under this 
                paragraph, the Secretary shall--
                            ``(i) consider consortia that include 
                        institutions that have demonstrated an ability 
                        in transportation-related research; and
                            ``(ii) award not less than 2 grants under 
                        this section to minority institutions, as such 
                        term is defined in section 365 of the Higher 
                        Education Act of 1965 (20 U.S.C. 1067k).
                    ``(D) Focused research.--
                            ``(i) In general.--In awarding grants under 
                        this section, the Secretary shall select not 
                        less than 1 grant recipient with each of the 
                        following focus areas:
                                    ``(I) Transit.
                                    ``(II) Connected and automated 
                                vehicle technology.
                                    ``(III) Non-motorized 
                                transportation, including bicycle and 
                                pedestrian safety.
                                    ``(IV) Developing metropolitan 
                                planning practices to meet the 
                                considerations described in section 
                                134(c)(4) of title 23 and section 
                                5303(c)(4).
                                    ``(V) The surface transportation 
                                workforce, including current and future 
                                workforce needs and challenges; and
                                    ``(VI) Climate change mitigation, 
                                including--
                                            ``(aa) researching the 
                                        types of transportation 
                                        projects that are expected to 
                                        provide the most significant 
                                        greenhouse gas emissions 
                                        reductions from the surface 
                                        transportation sector; and
                                            ``(bb) researching the 
                                        types of transportation 
                                        projects that are not expected 
                                        to provide significant 
                                        greenhouse gas emissions 
                                        reductions from the surface 
                                        transportation sector.
                            ``(ii) Additional grants.--In awarding 
                        grants under this section and after awarding 
                        grants pursuant to clause (i), the Secretary 
                        may award any remaining grants to any grant 
                        recipient based on the criteria described in 
                        subsection (b)(4)(A).
                    ``(E) Considerations for selected institutions.--
                            ``(i) In general.--Tier 1 transportation 
                        centers awarded a grant under this paragraph 
                        with a focus area described in subparagraph 
                        (D)(i)(IV) shall consider the following areas 
                        for research:
                                    ``(I) strategies to address climate 
                                change mitigation and impacts described 
                                in section 134(i)(2)(I)(ii) of title 23 
                                and the incorporation of such 
                                strategies into long range 
                                transportation plan; and
                                    ``(II) preparation of a 
                                vulnerability assessment described in 
                                section 134(i)(2)(I)(iii) of title 23.
                            ``(ii) Activities.--A tier 1 transportation 
                        center receiving a grant under this section 
                        with a focus area described in subparagraph 
                        (D)(i)(IV) 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).
                            ``(iii) Limitation.--Research under this 
                        paragraph shall focus on metropolitan planning 
                        organizations that represent urbanized areas 
                        with populations of 200,000 or fewer.'';
            (3) in subsection (d)(3) by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2025'';
            (4) by redesignating subsection (f) as subsection (g); and
            (5) by inserting after subsection (e) the following:
    ``(f) Surplus Amounts.--
            ``(1) In general.--Amounts made available to the Secretary 
        to carry out this section that remain unobligated after 
        awarding grants under subsection (c) shall be made available 
        under the unsolicited research initiative under section 5506.
            ``(2) Limitation on amounts.--Amounts under paragraph (1) 
        shall not exceed $2,000,000 for any given fiscal year.''.

SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.

    (a) In General.--Chapter 55 of title 49, United States Code, is 
amended by inserting after section 5505 the following new section:
``Sec. 5506. Unsolicited research initiative
    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish a program 
under which an eligible entity may at any time submit unsolicited 
research proposals for funding under this section.
    ``(b) Criteria.--A research proposal submitted under subsection (a) 
shall meet the purposes of the Secretary's 5-year transportation 
research and development strategic plan described in section 
6503(c)(1).
    ``(c) Project Review.--Not later than 90 days after an eligible 
entity submits a proposal under subsection (a), the Secretary shall--
            ``(1) review the research proposal submitted under 
        subsection (a);
            ``(2) evaluate such research proposal relative to the 
        criteria described in subsection (b);
            ``(3) provide to such eligible entity a written notice 
        that--
                    ``(A) if the research proposal is not selected for 
                funding under this section--
                            ``(i) notifies the eligible entity that the 
                        research proposal has not been selected for 
                        funding;
                            ``(ii) provides an explanation as to why 
                        the research proposal was not selected, 
                        including if the research proposal does not 
                        cover an area of need; and
                            ``(iii) if applicable, recommend that the 
                        research proposal be submitted to another 
                        research program; and
                    ``(B) if the research proposal is selected for 
                funding under this section, notifies the eligible 
                entity that the research proposal has been selected for 
                funding; and
            ``(4) fund the proposals described in paragraph (3)(B).
    ``(d) Report.--Not later than 18 months after the date of enactment 
of this section, and annually thereafter, the Secretary shall make 
available to the public on a public website, a report on the progress 
and findings of the program established under subsection (a).
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an 
        activity carried out under this section may not exceed 50 
        percent.
            ``(2) Non-federal share.--All costs directly incurred by 
        the non-Federal partners, including personnel, travel, 
        facility, and hardware development costs, shall be credited 
        toward the non-Federal share of the cost of an activity carried 
        out under this section.
    ``(f) Funding.--
            ``(1) In general.--Of the funds made available to carry out 
        the university transportation centers program under section 
        5505, $2,000,000 shall be available for each of fiscal years 
        2022 through 2025 to carry out this section.
            ``(2) Funding flexibility.--
                    ``(A) In general.--For fiscal years 2022 through 
                2025, funds made available under paragraph (1) shall 
                remain available until expended.
                    ``(B) Uncommitted funds.--If the Secretary 
                determines, at the end of a fiscal year, funds under 
                paragraph (1) remain unexpended as a result of a lack 
                of meritorious projects under this section, the 
                Secretary may, for the following fiscal year, make 
                remaining funds available under either this section or 
                under section 5505.
    ``(g) Eligible Entity Defined.--In this section, the term `eligible 
entity' means
            ``(1) a State;
            ``(2) a unit of local government;
            ``(3) a transit agency;
            ``(4) any nonprofit institution of higher education, 
        including a university transportation center under section 
        5505; and
            ``(5) a nonprofit organization.''.
    (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5505 the following new item:

``5506. Unsolicited research initiative.''.

SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION 
              RESEARCH PROGRAM.

    (a) In General.--Chapter 702 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 70205. National cooperative multimodal freight transportation 
              research program
    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall establish and support a 
national cooperative multimodal freight transportation research 
program.
    ``(b) Agreement.--Not later than 6 months after the date of 
enactment of this section, the Secretary shall seek to enter into an 
agreement with the National Academy of Sciences to support and carry 
out administrative and management activities relating to the governance 
of the national cooperative multimodal freight transportation research 
program.
    ``(c) Advisory Committee.--In carrying out the agreement described 
in subsection (b), the National Academy of Sciences shall select a 
multimodal freight transportation research advisory committee 
consisting of multimodal freight stakeholders, including, at a 
minimum--
            ``(1) a representative of the Department of Transportation;
            ``(2) representatives of any other Federal agencies 
        relevant in supporting the nation's multimodal freight 
        transportation research needs;
            ``(3) a representative of a State department of 
        transportation;
            ``(4) a representative of a local government (other than a 
        metropolitan planning organization);
            ``(5) a representative of a metropolitan planning 
        organization;
            ``(6) a representative of the trucking industry;
            ``(7) a representative of the railroad industry;
            ``(8) a representative of the port industry;
            ``(9) a representative of logistics industry;
            ``(10) a representative of shipping industry;
            ``(11) a representative of a safety advocacy group with 
        expertise in freight transportation;
            ``(12) an academic expert on multimodal freight 
        transportation;
            ``(13) an academic expert on the contributions of freight 
        movement to greenhouse gas emissions; and
            ``(14) representatives of labor organizations.
    ``(d) Elements.--The national cooperative multimodal freight 
transportation research program established under this section shall 
include the following elements:
            ``(1) National research agenda.--The advisory committee 
        under subsection (c), in consultation with interested parties, 
        shall recommend a national research agenda for the program 
        established in this section.
            ``(2) Involvement.--Interested parties may--
                    ``(A) submit research proposals to the advisory 
                committee;
                    ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                    ``(C) receive research results.
            ``(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award research 
        contracts and grants under the program through open competition 
        and merit review conducted on a regular basis.
            ``(4) Evaluation of research.--
                    ``(A) Peer review.--Research contracts and grants 
                under the program may allow peer review of the research 
                results.
                    ``(B) Programmatic evaluations.--The National 
                Academy of Sciences shall conduct periodic programmatic 
                evaluations on a regular basis of research contracts 
                and grants.
            ``(5) Dissemination of research findings.--
                    ``(A) In general.--The National Academy of Sciences 
                shall disseminate research findings to researchers, 
                practitioners, and decisionmakers, through conferences 
                and seminars, field demonstrations, workshops, training 
                programs, presentations, testimony to government 
                officials, a public website for the National Academy of 
                Sciences, publications for the general public, and 
                other appropriate means.
                    ``(B) Report.--Not more than 18 months after the 
                date of enactment of this section, and annually 
                thereafter, the Secretary shall make available on a 
                public website a report that describes the ongoing 
                research and findings of the program.
    ``(e) Contents.--The national research agenda under subsection 
(d)(1) shall include--
            ``(1) techniques and tools for estimating and identifying 
        both quantitative and qualitative public benefits derived from 
        multimodal freight transportation projects, including--
                    ``(A) greenhouse gas emissions reduction;
                    ``(B) congestion reduction; and
                    ``(C) safety benefits;
            ``(2) the impact of freight delivery vehicles, including 
        trucks, railcars, and non-motorized vehicles, on congestion in 
        urban and rural areas;
            ``(3) the impact of both centralized and disparate origins 
        and destinations on freight movement;
            ``(4) the impacts of increasing freight volumes on 
        transportation planning, including--
                    ``(A) first-mile and last-mile challenges to 
                multimodal freight movement;
                    ``(B) multimodal freight travel in both urban and 
                rural areas; and
                    ``(C) commercial motor vehicle parking and rest 
                areas;
            ``(5) the effects of Internet commerce and accelerated 
        delivery speeds on freight movement and increased commercial 
        motor vehicle volume, including impacts on--
                    ``(A) safety on public roads;
                    ``(B) congestion in both urban and rural areas;
                    ``(C) first-mile and last-mile challenges and 
                opportunities;
                    ``(D) the environmental impact of freight 
                transportation, including on air quality and on 
                greenhouse gas emissions; and
                    ``(E) vehicle miles-traveled by freight-delivering 
                vehicles;
            ``(6) the impacts of technological advancements in freight 
        movement, including impacts on--
                    ``(A) congestion in both urban and rural areas;
                    ``(B) first-mile and last-mile challenges and 
                opportunities; and
                    ``(C) vehicle miles-traveled;
            ``(7) methods and best practices for aligning multimodal 
        infrastructure improvements with multimodal freight 
        transportation demand, including improvements to the National 
        Multimodal Freight Network under section 70103; and
            ``(8) other research areas to identify and address current, 
        emerging, and future needs related to multimodal freight 
        transportation.
    ``(f) Funding.--
            ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out under this section shall be 100 percent.
            ``(2) Period of availability.--Amounts made available to 
        carry out this section shall remain available until expended.
    ``(g) Definition of Greenhouse Gas.--In this section, the term 
`greenhouse gas' has the meaning given such term in section 211(o)(1) 
of the Clean Air Act (42 U.S.C. 7545(o)(1)).''.
    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code, is amended by adding at the end the following new 
item:

``70205. National cooperative multimodal freight transportation 
                            research program.''.

SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND HABITAT 
              CONNECTIVITY IMPROVEMENT.

    (a) Study.--
            (1) In general.--The Secretary of Transportation shall 
        conduct a study examining methods to reduce collisions between 
        motorists and wildlife (referred to in this section as 
        ``wildlife-vehicle collisions'').
            (2) Contents.--
                    (A) Areas of study.--The study required under 
                paragraph (1) shall--
                            (i) update and expand on, as appropriate--
                                    (I) the report titled ``Wildlife 
                                Vehicle Collision Reduction Study: 2008 
                                Report to Congress'': and
                                    (II) the document titled ``Wildlife 
                                Vehicle Collision Reduction Study: Best 
                                Practices Manual'' and dated October 
                                2008; and
                            (ii) include--
                                    (I) an assessment, as of the date 
                                of the study, of--
                                            (aa) the causes of 
                                        wildlife-vehicle collisions;
                                            (bb) the impact of 
                                        wildlife-vehicle collisions on 
                                        motorists and wildlife; and
                                            (cc) the impacts of roads 
                                        and traffic on habitat 
                                        connectivity for terrestrial 
                                        and aquatic species; and
                                    (II) solutions and best practices 
                                for--
                                            (aa) reducing wildlife-
                                        vehicle collisions; and
                                            (bb) improving habitat 
                                        connectivity for terrestrial 
                                        and aquatic species.
                    (B) Methods.--In carrying out the study required 
                under paragraph (1), the Secretary shall--
                            (i) conduct a thorough review of research 
                        and data relating to--
                                    (I) wildlife-vehicle collisions; 
                                and
                                    (II) habitat fragmentation that 
                                results from transportation 
                                infrastructure;
                            (ii) survey current practices of the 
                        Department of Transportation and State 
                        departments of transportation to reduce 
                        wildlife-vehicle collisions; and
                            (iii) consult with--
                                    (I) appropriate experts in the 
                                field of wildlife-vehicle collisions; 
                                and
                                    (II) appropriate experts on the 
                                effects of roads and traffic on habitat 
                                connectivity for terrestrial and 
                                aquatic species.
            (3) Report.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary shall 
                submit to Congress a report on the results of the study 
                required under paragraph (1).
                    (B) Contents.--The report required under 
                subparagraph (A) shall include--
                            (i) a description of--
                                    (I) the causes of wildlife-vehicle 
                                collisions;
                                    (II) the impacts of wildlife-
                                vehicle collisions; and
                                    (III) the impacts of roads and 
                                traffic on--
                                            (aa) species listed as 
                                        threatened species or 
                                        endangered species under the 
                                        Endangered Species Act of 1973 
                                        (16 U.S.C. 1531 et seq.);
                                            (bb) species identified by 
                                        States as species of greatest 
                                        conservation need;
                                            (cc) species identified in 
                                        State wildlife plans; and
                                            (dd) medium and small 
                                        terrestrial and aquatic 
                                        species;
                            (ii) an economic evaluation of the costs 
                        and benefits of installing highway 
                        infrastructure and other measures to mitigate 
                        damage to terrestrial and aquatic species, 
                        including the effect on jobs, property values, 
                        and economic growth to society, adjacent 
                        communities, and landowners;
                            (iii) recommendations for preventing 
                        wildlife-vehicle collisions, including 
                        recommended best practices, funding resources, 
                        or other recommendations for addressing 
                        wildlife-vehicle collisions; and
                            (iv) guidance to develop, for each State 
                        that agrees to participate, a voluntary joint 
                        statewide transportation and wildlife action 
                        plan.
                    (C) Purposes.--The purpose of the guidance 
                described in subparagraph (B)(iv) shall be--
                            (i) to address wildlife-vehicle collisions; 
                        and
                            (ii) to improve habitat connectivity for 
                        terrestrial and aquatic species;
                    (D) Consultation.--The Secretary shall develop the 
                guidance described under subparagraph (B)(iv) in 
                consultation with--
                            (i) Federal land management agencies;
                            (ii) State departments of transportation;
                            (iii) State fish and wildlife agencies; and
                            (iv) Tribal governments.
    (b) Standardization of Wildlife Collision and Carcass Data.--
            (1) Standardization methodology.--
                    (A) In general.--The Secretary of Transportation, 
                acting through the Administrator of the Federal Highway 
                Administration, shall develop a quality standardized 
                methodology for collecting and reporting spatially 
                accurate wildlife collision and carcass data for the 
                National Highway System, taking into consideration the 
                practicability of the methodology with respect to 
                technology and cost.
                    (B) Methodology.--In developing the standardized 
                methodology under subparagraph (A), the Secretary 
                shall--
                            (i) survey existing methodologies and 
                        sources of data collection, including the 
                        Fatality Analysis Reporting System, the General 
                        Estimates System of the National Automotive 
                        Sampling System, and the Highway Safety 
                        Information System; and
                            (ii) to the extent practicable, identify 
                        and correct limitations of such existing 
                        methodologies and sources of data collection.
                    (C) Consultation.--In developing the standardized 
                methodology under subparagraph (A), the Secretary shall 
                consult with--
                            (i) the Secretary of the Interior;
                            (ii) the Secretary of Agriculture, acting 
                        through the Chief of the Forest Service;
                            (iii) Tribal, State, and local 
                        transportation and wildlife authorities;
                            (iv) metropolitan planning organizations 
                        (as such term is defined in section 134(b) of 
                        title 23, United States Code);
                            (v) members of the American Association of 
                        State Highway and Transportation Officials;
                            (vi) members of the Association of Fish and 
                        Wildlife Agencies;
                            (vii) experts in the field of wildlife-
                        vehicle collisions;
                            (viii) nongovernmental organizations; and
                            (ix) other interested stakeholders, as 
                        appropriate.
            (2) Standardized national data system with voluntary 
        template implementation.--The Secretary shall--
                    (A) develop a template for State implementation of 
                a standardized national wildlife collision and carcass 
                data system for the National Highway System that is 
                based on the standardized methodology developed under 
                paragraph (1); and
                    (B) encourage the voluntary implementation of the 
                template developed under subparagraph (A) for States, 
                metropolitan planning organizations, and additional 
                relevant transportation stakeholders.
            (3) Reports.--
                    (A) Methodology.--The Secretary shall submit to 
                Congress a report describing the development of the 
                standardized methodology required under paragraph (1) 
                not later than--
                            (i) the date that is 18 months after the 
                        date of enactment of this Act; and
                            (ii) the date that is 180 days after the 
                        date on which the Secretary completes the 
                        development of such standardized methodology.
                    (B) Implementation.--Not later than 3 years after 
                the date of enactment of this Act, the Secretary shall 
                submit to Congress a report describing--
                            (i) the status of the voluntary 
                        implementation of the standardized methodology 
                        developed under paragraph (1) and the template 
                        developed under paragraph (2)(A);
                            (ii) whether the implementation of the 
                        standardized methodology developed under 
                        paragraph (1) and the template developed under 
                        paragraph (2)(A) has impacted efforts by 
                        States, units of local government, and other 
                        entities--
                                    (I) to reduce the number of 
                                wildlife-vehicle collisions; and
                                    (II) to improve habitat 
                                connectivity;
                            (iii) the degree of the impact described in 
                        clause (ii); and
                            (iv) the recommendations of the Secretary, 
                        including recommendations for further study 
                        aimed at reducing motorist collisions involving 
                        wildlife and improving habitat connectivity for 
                        terrestrial and aquatic species on the National 
                        Highway System, if any.
    (c) National Threshold Guidance.--The Secretary of Transportation 
shall--
            (1) establish guidance, to be carried out by States on a 
        voluntary basis, that contains a threshold for determining 
        whether a highway shall be evaluated for potential mitigation 
        measures to reduce wildlife-vehicle collisions and increase 
        habitat connectivity for terrestrial and aquatic species, 
        taking into consideration--
                    (A) the number of wildlife-vehicle collisions on 
                the highway that pose a human safety risk;
                    (B) highway-related mortality and effects of 
                traffic on the highway on--
                            (i) species listed as endangered species or 
                        threatened species under the Endangered Species 
                        Act of 1973 (16 U.S.C. 1531 et seq.);
                            (ii) species identified by a State as 
                        species of greatest conservation need;
                            (iii) species identified in State wildlife 
                        plans; and
                            (iv) medium and small terrestrial and 
                        aquatic species; and
                    (C) habitat connectivity values for terrestrial and 
                aquatic species and the barrier effect of the highway 
                on the movements and migrations of those species.

SEC. 5108. RESEARCH ACTIVITIES.

    Section 330(g) of title 49, United States Code, is amended by 
striking ``each of fiscal years 2016 through 2020'' and inserting 
``each of fiscal years 2022 through 2025''.

                   Subtitle B--Technology Deployment

SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

    Section 503(c) of title 23, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) reducing greenhouse gas emissions and 
                limiting the effects of climate change.''; and
            (2) in paragraph (2)(A) by striking the period and 
        inserting ``and findings from the materials to reduce 
        greenhouse gas emissions program under subsection (d).''.

SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF PAVEMENT 
              TECHNOLOGIES.

    Section 503(c)(3) of title 23, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) in clause (v) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (vi) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vii) the deployment of innovative 
                        pavement designs, materials, and practices that 
                        reduce or sequester the amount of greenhouse 
                        gas emissions generated during the production 
                        of highway materials and the construction of 
                        highways, with consideration for findings from 
                        the materials to reduce greenhouse gas 
                        emissions program under subsection (d).'';
            (2) in subparagraph (C) by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2025''; and
            (3) in subparagraph (D)(ii)--
                    (A) in subclause (III) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subclause (IV) by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                                    ``(V) pavement monitoring and data 
                                collection practices;
                                    ``(VI) pavement durability and 
                                resilience;
                                    ``(VII) stormwater management;
                                    ``(VIII) impacts on vehicle 
                                efficiency;
                                    ``(IX) the energy efficiency of the 
                                production of paving materials and the 
                                ability of paving materials to enhance 
                                the environment and promote 
                                sustainability;
                                    ``(X) integration of renewable 
                                energy in pavement designs; and
                                    ``(XI) greenhouse gas emissions 
                                reduction, including findings from the 
                                materials to reduce greenhouse gas 
                                emissions program under subsection 
                                (d).''.

SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY DAY COUNTS INITIATIVE.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 520. Every Day Counts initiative
    ``(a) In General.--It is in the national interest for the 
Department of Transportation, State departments of transportation, and 
all other recipients of Federal surface transportation funds--
            ``(1) to identify, accelerate, and deploy innovation aimed 
        at expediting project delivery;
            ``(2) enhancing the safety of the roadways of the United 
        States, and protecting the environment;
            ``(3) to ensure that the planning, design, engineering, 
        construction, and financing of transportation projects is done 
        in an efficient and effective manner;
            ``(4) to promote the rapid deployment of proven solutions 
        that provide greater accountability for public investments and 
        encourage greater private sector involvement; and
            ``(5) to create a culture of innovation within the highway 
        community.
    ``(b) Every Day Counts Initiative.--To advance the policy described 
in subsection (a), the Administrator of the Federal Highway 
Administration shall continue the Every Day Counts initiative to work 
with States, local transportation agencies, and industry stakeholders 
to identify and deploy proven innovative practices and products that--
            ``(1) accelerate innovation deployment;
            ``(2) expedite the project delivery process;
            ``(3) improve environmental sustainability;
            ``(4) enhance roadway safety;
            ``(5) reduce congestion; and
            ``(6) reduce greenhouse gas emissions.
    ``(c) Considerations.--In carrying out the Every Day Counts 
initiative, the Administrator shall consider any innovative practices 
and products in accordance with subsections (a) and (b), including--
            ``(1) research results from the university transportation 
        centers program under section 5505 of title 49; and
            ``(2) results from the materials to reduce greenhouse gas 
        emissions program in section 503(d).
    ``(d) Innovation Deployment.--
            ``(1) In general.--At least every 2 years, the 
        Administrator shall work collaboratively with stakeholders to 
        identify a new collection of innovations, best practices, and 
        data to be deployed to highway stakeholders through case 
        studies, outreach, and demonstration projects.
            ``(2) Requirements.--In identifying a collection described 
        in paragraph (1), the Secretary shall take into account market 
        readiness, impacts, benefits, and ease of adoption of the 
        innovation or practice.
    ``(e) Publication.--Each collection identified under subsection (d) 
shall be published by the Administrator on a publicly available 
website.
    ``(f) Funding.--The Secretary may use funds made available to carry 
out section 503(c) to carry out this section.''.
    (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. Every Day Counts initiative.''.
    (c) Repeal.--Section 1444 of the FAST Act (23 U.S.C. 101 note), and 
the item related to such section in the table of contents in section 
1(b) of such Act, are repealed.

                   Subtitle C--Emerging Technologies

SEC. 5301. SAFE, EFFICIENT MOBILITY THROUGH ADVANCED TECHNOLOGIES.

    Section 503(c)(4) of title 23, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``Not later than 6 months after the 
                date of enactment of this paragraph, the'' and 
                inserting ``The'';
                    (B) by striking ``establish an advanced 
                transportation and congestion management technologies 
                deployment'' and inserting ``establish a safe, 
                efficient mobility through advanced technologies'';
                    (C) by inserting ``mobility,'' before 
                ``efficiency,''; and
                    (D) by inserting ``environmental impacts,'' after 
                ``system performance,'';
            (2) in subparagraph (B)--
                    (A) by striking clause (i) and inserting the 
                following:
                            ``(i) reduce costs, improve return on 
                        investments, and improve person throughput and 
                        mobility, including through the optimization of 
                        existing transportation capacity;'';
                    (B) in clause (iv) by inserting ``bicyclist and'' 
                before ``pedestrian'';
                    (C) in clause (vii) by striking ``; or'' and 
                inserting a semicolon;
                    (D) in clause (viii)--
                            (i) by striking ``accelerate'' and 
                        inserting ``prepare for'';
                            (ii) by striking ``autonomous'' and 
                        inserting ``automated''; and
                            (iii) by striking the period and inserting 
                        ``; or''; and
                    (E) by adding at the end the following:
                            ``(ix) reduce greenhouse gas emissions and 
                        limit the effects of climate change.'';
            (3) in subparagraph (C)--
                    (A) in clause (ii)(II)(aa) by striking 
                ``congestion, and costs'' and inserting ``congestion 
                and delays, greenhouse gas emissions, and costs 
                incurred by road users''; and
                    (B) by adding at the end the following:
                            ``(iii) Considerations.--An application 
                        submitted under this paragraph may include a 
                        description of how the proposed project would 
                        support the national goals described in section 
                        150(b), the achievement of metropolitan and 
                        statewide targets established under section 
                        150(d), or the improvement of transportation 
                        system access consistent with section 150(f), 
                        including through--
                                    ``(I) the congestion and on-road 
                                mobile-source emissions performance 
                                measure established under section 
                                150(c)(5); or
                                    ``(II) the greenhouse gas emissions 
                                performance measure established under 
                                section 150(c)(7).'';
            (4) in subparagraph (D) by adding at the end the following:
                            ``(iv) Prioritization.--In awarding a grant 
                        under this paragraph, the Secretary shall 
                        prioritize projects that, in accordance with 
                        the criteria described in subparagraph (B)--
                                    ``(I) improve person throughput and 
                                mobility, including through the 
                                optimization of existing transportation 
                                capacity;
                                    ``(II) deliver environmental 
                                benefits;
                                    ``(III) reduce the number and 
                                severity of traffic accidents and 
                                increase driver, passenger, and 
                                bicyclist and pedestrian safety; or
                                    ``(IV) reduce greenhouse gas 
                                emissions.
                            ``(v) Grant distribution.--The Secretary 
                        shall award not fewer than 3 grants under this 
                        paragraph based on the potential of the project 
                        to reduce the number and severity of traffic 
                        crashes and increase, driver, passenger, and 
                        bicyclist and pedestrian safety.'';
            (5) in subparagraph (E)--
                    (A) in clause (vi)--
                            (i) by inserting ``, vehicle-to-
                        pedestrian,'' after ``vehicle-to-vehicle''; and
                            (ii) by inserting ``automated vehicles, 
                        systems to improve vulnerable road user 
                        safety,'' after ``technologies associated 
                        with'' ; and
                    (B) in clause (ix) by inserting ``, including 
                activities under section 5316 of title 49'' after 
                ``disabled individuals'';
            (6) by striking subparagraph (G) and inserting the 
        following:
                    ``(G) Reporting.--
                            ``(i) Applicability of law.--The program 
                        under this paragraph shall be subject to the 
                        accountability and oversight requirements in 
                        section 106(m).
                            ``(ii) Report.--Not later than 1 year after 
                        the date that the first grant is awarded under 
                        this paragraph, and each year thereafter, the 
                        Secretary shall make available to the public on 
                        a website a report that describes the 
                        effectiveness of grant recipients in meeting 
                        their projected deployment plans, including 
                        data provided under subparagraph (F) on how the 
                        program has--
                                    ``(I) reduced traffic-related 
                                fatalities and injuries;
                                    ``(II) reduced traffic congestion 
                                and improved travel time reliability;
                                    ``(III) reduced transportation-
                                related emissions;
                                    ``(IV) optimized multimodal system 
                                performance;
                                    ``(V) improved access to 
                                transportation alternatives;
                                    ``(VI) provided the public with 
                                access to real-time integrated traffic, 
                                transit, and multimodal transportation 
                                information to make informed travel 
                                decisions;
                                    ``(VII) provided cost savings to 
                                transportation agencies, businesses, 
                                and the traveling public; or
                                    ``(VIII) provided other benefits to 
                                transportation users and the general 
                                public.
                            ``(iii) Considerations.--If applicable, the 
                        Secretary shall ensure that the activities 
                        described in subclauses (I) and (IV) of clause 
                        (ii) reflect--
                                    ``(I) any information described in 
                                subparagraph (C)(iii) that is included 
                                by an applicant; or
                                    ``(II) the project prioritization 
                                guidelines under subparagraph 
                                (D)(iv).'';
            (7) in subparagraph (I) by striking ``(i) In general'' and 
        all that follows through ``the Secretary may set aside'' and 
        inserting ``Of the amounts made available to carry out this 
        paragraph, the Secretary may set aside'';
            (8) in subparagraph (J) by striking the period at the end 
        and inserting ``, except that the Federal share of the cost of 
        a project for which a grant is awarded under this paragraph 
        shall not exceed 80 percent.'';
            (9) by striking subparagraph (M) and inserting the 
        following:
                    ``(M) Grant flexibility.--If, by August 1 of each 
                fiscal year, the Secretary determines that there are 
                not enough grant applications that meet the 
                requirements described in subparagraph (C) to carry out 
                this paragraph for a fiscal year, the Secretary shall 
                transfer to the technology and innovation deployment 
                program--
                            ``(i) any of the funds reserved for the 
                        fiscal year under subparagraph (I) that the 
                        Secretary has not yet awarded under this 
                        paragraph; and
                            ``(ii) an amount of obligation limitation 
                        equal to the amount of funds that the Secretary 
                        transfers under subclause (I).''; and
            (10) in subparagraph (N)--
                    (A) in clause (i) by inserting ``an urbanized area 
                with'' before ``a population of''; and
                    (B) in clause (iii) by striking ``a any'' and 
                inserting ``any''.

SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.

    (a) Use of Funds for ITS Activities.--Section 513(c)(1) of title 
23, United States Code, is amended by inserting ``greenhouse gas 
emissions reduction,'' before ``and congestion management''.
    (b) Goals and Purposes.--Section 514(a) of title 23, United States 
Code, is amended--
            (1) in paragraph (6) by striking ``national freight policy 
        goals'' and inserting ``national multimodal freight policy 
        goals and activities described in subtitle IX of title 49'';
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) reduction of greenhouse gas emissions and mitigation 
        of the effects of climate change;''.
    (c) General Authorities and Requirements.--Section 515(h) of title 
23, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by striking ``20 members'' and inserting ``25 
                members'';
                    (B) in subparagraph (A) by striking ``State highway 
                department'' and inserting ``State department of 
                transportation'';
                    (C) in subparagraph (B) by striking ``local highway 
                department'' and inserting ``local department of 
                transportation'';
                    (D) by striking subparagraphs (E), (F), (G), (H), 
                (I), and (J) and inserting the following:
                    ``(E) a private sector representative of the 
                intelligent transportation systems industry;
                    ``(F) a representative from an advocacy group 
                concerned with safety, including bicycle and pedestrian 
                interests;
                    ``(G) a representative with expertise in labor 
                issues, including--
                            ``(i) disruptions due to technology; and
                            ``(ii) opportunities and barriers related 
                        to transportation and the incorporation of 
                        emerging technology; and'';
                    (E) by redesignating subparagraph (K) as 
                subparagraph (H); and
                    (F) by striking subparagraph (L);
            (2) in paragraph (3)--
                    (A) in subparagraph (A) by striking ``section 508'' 
                and inserting ``section 6503 of title 49'';
                    (B) in subparagraph (B)--
                            (i) in clause (ii)--
                                    (I) by inserting ``in both urban 
                                and rural areas'' after ``by users''; 
                                and
                                    (II) by striking ``; and'' and 
                                inserting a semicolon;
                            (ii) in clause (iii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) assess how Federal transportation 
                        resources, including programs under this title, 
                        are being used to advance intelligent 
                        transportation systems.''; and
                    (C) by adding at the end the following:
                    ``(C) Convene not less frequently than twice each 
                year, either in person or remotely.'';
            (3) in paragraph (4) by striking ``May 1'' and inserting 
        ``April 1''; and
            (4) in paragraph (5) by inserting ``, except that section 
        14 of such Act shall not apply'' before the period at the end.
    (d) Research and Development.--Section 516(b) of title 23, United 
States Code, is amended--
            (1) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) demonstrate reductions in greenhouse gas 
        emissions;''.

SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION 
              CLEARINGHOUSE.

    (a) In General.--Chapter 55 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 5507. National highly automated vehicle and mobility innovation 
              clearinghouse
    ``(a) In General.--The Secretary shall make a grant to an 
institution of higher education engaged in research on the secondary 
impacts of highly automated vehicles to--
            ``(1) operate a national highly automated vehicle and 
        mobility innovation clearinghouse;
            ``(2) collect, conduct, and fund research on the secondary 
        impacts of highly automated vehicles and mobility innovation;
            ``(3) make such research available on a public website; and
            ``(4) conduct outreach and dissemination of the information 
        described in this subsection to assist communities.
    ``(b) Definitions.--In this section:
            ``(1) Highly automated vehicle.--The term `highly automated 
        vehicle' means a motor vehicle that--
                    ``(A) is capable of performing the entire task of 
                driving (including steering, accelerating and 
                decelerating, and reacting to external stimulus) 
                without human intervention; and
                    ``(B) is designed to be operated exclusively by a 
                Level 4 or Level 5 automated driving system for all 
                trips according to the recommended practice standards 
                published on June 15, 2018, by the Society of 
                Automotive Engineers International (J3016_201806) or 
                equivalent standards adopted by the Secretary with 
                respect to automated motor vehicles.
            ``(2) Mobility innovation.--The term `mobility innovation' 
        means an activity described in section 5316, including mobility 
        on demand and mobility as a service (as such terms are defined 
        in such section).
            ``(3) Institution of higher education .--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(4) Secondary impacts.--The term `secondary impacts' 
        means the impacts on land use, urban design, transportation, 
        real estate, accessibility, municipal budgets, social equity, 
        and the environment.''.
    (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by adding at the end the following:

``5507. National highly automated vehicle and mobility innovation 
                            clearinghouse.''.
    (c) Deadline for Clearinghouse.--The Secretary of Transportation 
shall ensure that the institution of higher education that receives the 
grant described in section 5507(a)(1) of title 49, United States Code, 
as added by subsection (a), shall establish the national highly 
automated vehicle clearinghouse described in such section not later 
than 180 days after the date of enactment of this Act.

SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTOMATED VEHICLES AND 
              ROAD USERS.

    (a) Purpose.--The purpose of this section shall be to ensure that 
the increasing deployment of automated vehicles does not jeopardize the 
safety of road users.
    (b) Study.--
            (1) Establishment.--Not later than 9 months after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        initiate a study on the ability of automated vehicles to safely 
        interact with other road users.
            (2) Contents.--In carrying out the study under paragraph 
        (1), the Secretary shall--
                    (A) examine the ability of automated vehicles to 
                safely interact with general road users, including 
                vulnerable road users;
                    (B) identify barriers to improving the safety of 
                interactions between automated vehicles and general 
                road users; and
                    (C) issue recommendations to improve the safety of 
                interactions between automated vehicles and general 
                road users, including, at a minimum--
                            (i) technology advancements with the 
                        potential to facilitate safer interactions 
                        between automated vehicles and general road 
                        users given the safety considerations in 
                        paragraph (3);
                            (ii) road user public awareness; and
                            (iii) improvements to transportation 
                        planning and road design.
            (3) Considerations.--In carrying out the study under 
        paragraph (1), the Secretary shall take into consideration 
        whether automated vehicles can safely operate within the 
        surface transportation system, including--
                    (A) the degree to which ordinary human behaviors 
                make it difficult for an automated vehicle to safely, 
                reliably predict human actions;
                    (B) unique challenges for automated vehicles in 
                urban and rural areas;
                    (C) the degree to which an automated vehicle is 
                capable of uniformly recognizing and responding to 
                individuals with disabilities and individuals of 
                different sizes, ages, races, and other varying 
                characteristics;
                    (D) for bicyclist and pedestrian road users--
                            (i) the varying and non-standardized nature 
                        of bicyclist and pedestrian infrastructure in 
                        different locations;
                            (ii) the close proximity to motor vehicles 
                        within which bicyclists often operate, 
                        including riding in unprotected bike lanes and 
                        crossing lanes to make a left turn, and the 
                        risk of such close proximity; and
                            (iii) roadways that lack marked bicyclist 
                        infrastructure, particularly in midsized and 
                        rural areas, on which bicyclists often operate; 
                        and
                    (E) depending on the level of automation of the 
                vehicle, the degree to which human intervention remains 
                necessary to safely operate an automated vehicle to 
                ensure the safety of general road users in 
                circumstances including--
                            (i) dangerous weather;
                            (ii) an electronic or system malfunction of 
                        the automated vehicle; and
                            (iii) a cybersecurity threat to the 
                        operation of the vehicle.
            (4) Public comment.--Before conducting the study under 
        paragraph (1), the Secretary shall provide an opportunity for 
        public comment on the study proposal.
    (c) Working Group.--
            (1) Establishment.--Not later than 6 months after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        establish a working group to assist in the development of the 
        study and recommendations under subsection (b).
            (2) Membership.--The working group established under 
        paragraph (1) shall include representation from--
                    (A) the National Highway Traffic Safety 
                Administration;
                    (B) State departments of transportation;
                    (C) local governments (other than metropolitan 
                planning organizations, as such term is defined in 
                section 134(b) of title 23, United States Code);
                    (D) transit agencies;
                    (E) metropolitan planning organizations (as such 
                term is defined in section 134(b) of title 23, United 
                States Code);
                    (F) bicycle and pedestrian safety groups;
                    (G) highway and automobile safety groups;
                    (H) truck safety groups;
                    (I) law enforcement officers and first responders;
                    (J) motor carriers and independent owner-operators;
                    (K) the road construction industry;
                    (L) labor organizations;
                    (M) academic experts on automated vehicle 
                technologies;
                    (N) manufacturers of both passenger and commercial 
                automated vehicles; and
                    (O) other industries and entities as the Secretary 
                determines appropriate.
            (3) Duties.--The working group established under paragraph 
        (1) shall assist the Secretary by, at a minimum--
                    (A) assisting in the development of the scope of 
                the study under subsection (b);
                    (B) reviewing the data and analysis from such 
                study;
                    (C) provide ongoing recommendations and feedback to 
                ensure that such study reflects the contents described 
                in paragraphs (2) and (3) of subsection (b); and
                    (D) providing input to the Secretary on 
                recommendations required under subsection (b)(2)(C).
            (4) Applicability of the federal advisory committee act.--
        The working group under this subsection shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.), except that 
        section 14 of such Act shall not apply.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate, and make publicly available, the study initiated under 
subsection (b), including recommendations for ensuring that automated 
vehicles safely interact with general road users.
    (e) Definitions.--In this section:
            (1) Automated vehicle.--The term ``automated vehicle'' 
        means a motor vehicle equipped with Level 3, Level 4, or Level 
        5 automated driving systems for all trips according to the 
        recommended practice standards published on June 15, 2018 by 
        the Society of Automotive Engineers International 
        (J3016_201806) or equivalent standards adopted by the Secretary 
        with respect to automated motor vehicles.
            (2) General road users.--The term ``general road users'' 
        means--
                    (A) motor vehicles driven by individuals;
                    (B) bicyclists and pedestrians;
                    (C) motorcyclists;
                    (D) workers in roadside construction zones;
                    (E) emergency response vehicles, including first 
                responders;
                    (F) vehicles providing local government services, 
                including street sweepers and waste collection 
                vehicles;
                    (G) law enforcement officers;
                    (H) personnel who manually direct traffic, 
                including crossing guards; and
                    (I) other road users that may interact with 
                automated vehicles, as determined by the Secretary of 
                Transportation.
            (3) Vulnerable road user.--The term ``vulnerable road 
        user'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.

SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPORTATION TECHNOLOGY 
              COUNCIL.

    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 118. Nontraditional and Emerging Transportation Technology 
              Council
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a Nontraditional and Emerging Transportation Technology 
Council (hereinafter referred to as the `Council') in accordance with 
this section.
    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of the 
        following officers of the Department of Transportation:
                    ``(A) The Secretary of Transportation.
                    ``(B) The Deputy Secretary of Transportation.
                    ``(C) The Under Secretary of Transportation for 
                Policy.
                    ``(D) The General Counsel of the Department of 
                Transportation.
                    ``(E) The Chief Information Officer of the 
                Department of Transportation.
                    ``(F) The Assistant Secretary for Research and 
                Technology.
                    ``(G) The Assistant Secretary for Budget and 
                Programs.
                    ``(H) The Administrator of the Federal Aviation 
                Administration.
                    ``(I) The Administrator of the Federal Highway 
                Administration.
                    ``(J) The Administrator of the Federal Motor 
                Carrier Safety Administration.
                    ``(K) The Administrator of the Federal Railroad 
                Administration.
                    ``(L) The Administrator of the Federal Transit 
                Administration.
                    ``(M) The Administrator of the Federal Maritime 
                Administration.
                    ``(N) The Administrator of the National Highway 
                Traffic Safety Administration.
                    ``(O) The Administrator of the Pipeline and 
                Hazardous Materials Safety Administration.
            ``(2) Additional members.--The Secretary may designate 
        additional members of the Department to serve as at-large 
        members of the Council.
            ``(3) Chair and vice chair.--The Secretary may designate 
        officials to serve as the Chair and Vice Chair of the Council 
        and of any working groups of the Council.
    ``(c) Duties.--The Council shall--
            ``(1) identify and resolve any jurisdictional or regulatory 
        gaps or inconsistencies associated with nontraditional and 
        emerging transportation technologies, modes, or projects 
        pending or brought before the Department to eliminate, so far 
        as practicable, impediments to the prompt and safe deployment 
        of new and innovative transportation technology, including with 
        respect to safety regulation and oversight, environmental 
        review, and funding issues;
            ``(2) coordinate the Department's internal oversight of 
        nontraditional and emerging transportation technologies, modes, 
        or projects and engagement with external stakeholders;
            ``(3) within applicable statutory authority other than this 
        paragraph, develop and establish department-wide processes, 
        solutions, and best practices for identifying, managing and 
        resolving issues regarding emerging transportation 
        technologies, modes, or projects pending or brought before the 
        Department; and
            ``(4) carry out such additional duties as the Secretary may 
        prescribe, to the extent consistent with this title, including 
        subsections (f)(2) and (g) of section 106.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code, is amended by adding at the end the following:

``118. Nontraditional and Emerging Transportation Technology 
                            Council.''.

SEC. 5306. HYPERLOOP TRANSPORTATION.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation, acting through 
the Nontraditional and Emerging Transportation Technology Council of 
the Department of Transportation, shall issue guidance to provide a 
clear regulatory framework for the safe deployment of hyperloop 
transportation.
    (b) Elements.--In developing the guidance under subsection (a), the 
Council shall--
            (1) consider safety, oversight, environmental, project 
        delivery, and other regulatory requirements prescribed by 
        various modal administrations in the Department;
            (2) clearly delineate between relevant authorities with 
        respect to hyperloop transportation in the Department and 
        provide project sponsors with a single point of access to the 
        Department to inquire about projects, plans, and proposals;
            (3) establish clear, coordinated procedures for the 
        regulation of hyperloop transportation projects; and
            (4) develop and establish department-wide processes, 
        solutions, and best practices for identifying, managing, and 
        resolving matters regarding hyperloop transportation subject to 
        the Department's jurisdiction.

       Subtitle D--Surface Transportation Funding Pilot Programs

SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOTS.

    Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Eligibility.--
            ``(1) Application.--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 may require.
            ``(2) Eligible projects.--The Secretary may provide grants 
        to States under this section for the following projects:
                    ``(A) State pilot projects.--A pilot project to 
                demonstrate a user-based alternative revenue mechanism 
                in a State that has received not more than 1 grant 
                under this section.
                    ``(B) State implementation projects.--A project--
                            ``(i) to implement a user-based alternative 
                        revenue mechanism that collects revenue to be 
                        expended on projects for the surface 
                        transportation system of the State; and
                            ``(ii) that is comprised of activities not 
                        substantially similar in manner or scope to 
                        activities previously carried out by the 
                        recipient with a grant for a pilot project to 
                        demonstrate such a mechanism under this 
                        section, unless such activities are essential 
                        to the implementation of a surface 
                        transportation system funding alternative.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``2 or more 
                future''; and
                    (B) by adding at the end the following:
            ``(6) To test solutions to ensure the privacy and security 
        of data collected for the purpose of implementing a user-based 
        alternative revenue mechanism.'';
            (3) in subsection (d) by striking ``to test the design, 
        acceptance, and implementation of a user-based alternative 
        revenue mechanism'' and inserting ``to test the design and 
        acceptance of, or implement, a user-based alternative revenue 
        mechanism'';
            (4) in subsection (g) by striking ``50 percent'' and 
        inserting ``80 percent'';
            (5) in subsection (i)--
                    (A) in the heading by striking ``Biennial'' and 
                inserting ``Annual'';
                    (B) by striking ``2 years after the date of 
                enactment of this Act'' and inserting ``1 year after 
                the date of enactment of the INVEST in America Act'';
                    (C) by striking ``every 2 years thereafter'' and 
                inserting ``every year thereafter''; and
                    (D) by inserting ``and containing a determination 
                of the characteristics of the most successful 
                mechanisms with the highest potential for future 
                widespread deployment'' before the period at the end; 
                and
            (6) by striking subsections (j) and (k) and inserting the 
        following:
    ``(j) Funding.--Of amounts made available to carry out this 
section--
            ``(1) for fiscal year 2022, $17,500,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $17,5000,000 
        shall be used to carry out projects under subsection (b)(2)(B);
            ``(2) for fiscal year 2023, $15,000,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $20,000,000 
        shall be used to carry out projects under subsection (b)(2)(B);
            ``(3) for fiscal year 2024, $12,500,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $22,500,000 
        shall be used to carry out projects under subsection (b)(2)(B); 
        and
            ``(4) for fiscal year 2025, $10,000,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $25,000,000 
        shall be used to carry out projects under subsection (b)(2)(B).
    ``(k) Funding Flexibility.--Funds made available in a fiscal year 
for making grants for projects under subsection (b)(2) that are not 
expended in such fiscal year may be made available in the following 
fiscal year for projects under such subsection or for the national 
surface transportation system funding pilot under section 5402 of the 
INVEST in America Act.''.

SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.

    (a) Establishment.--
            (1) In general.--The Secretary of Transportation, in 
        coordination with the Secretary of the Treasury, shall 
        establish a pilot program to demonstrate a national motor 
        vehicle per-mile user fee to restore and maintain the long-term 
        solvency of the Highway Trust Fund and achieve and maintain a 
        state of good repair in the surface transportation system.
            (2) Objectives.--The objectives of the pilot program are 
        to--
                    (A) test the design, acceptance, implementation, 
                and financial sustainability of a national per-mile 
                user fee;
                    (B) address the need for additional revenue for 
                surface transportation infrastructure and a national 
                per-mile user fee; and
                    (C) provide recommendations regarding adoption and 
                implementation of a national per-mile user fee.
    (b) Parameters.--In carrying out the pilot program established 
under subsection (a), the Secretary of Transportation, in coordination 
with the Secretary of the Treasury, shall--
            (1) provide different methods that volunteer participants 
        can choose from to track motor vehicle miles traveled;
            (2) solicit volunteer participants from all 50 States and 
        the District of Columbia;
            (3) ensure an equitable geographic distribution by 
        population among volunteer participants;
            (4) include commercial vehicles and passenger motor 
        vehicles in the pilot program; and
            (5) use components of, and information from, the States 
        selected for the State surface transportation system funding 
        pilot program under section 6020 of the FAST Act (23 U.S.C. 503 
        note).
    (c) Methods.--
            (1) Tools.--In selecting the methods described in 
        subsection (b)(1), the Secretary of Transportation shall 
        coordinate with entities that voluntarily provide to the 
        Secretary for use in the program any of the following vehicle-
        miles-traveled collection tools:
                    (A) Third-party on-board diagnostic (OBD-II) 
                devices.
                    (B) Smart phone applications.
                    (C) Telemetric data collected by automakers.
                    (D) Motor vehicle data obtained by car insurance 
                companies.
                    (E) Data from the States selected for the State 
                surface transportation system funding pilot program 
                under section 6020 of the FAST Act (23 U.S.C. 503 
                note).
                    (F) Motor vehicle data obtained from fueling 
                stations.
                    (G) Any other method that the Secretary considers 
                appropriate.
            (2) Coordination.--
                    (A) Selection.--The Secretary shall determine which 
                methods under paragraph (1) are selected for the pilot 
                program.
                    (B) Volunteer participants.--In a manner that the 
                Secretary considers appropriate, the Secretary shall 
                provide each selected method to each volunteer 
                participant.
    (d) Per-Mile User Fees.--For the purposes of the pilot program 
established in subsection (a), the Secretary of the Treasury shall 
establish on an annual basis--
            (1) for passenger vehicles and light trucks, a per-mile 
        user fee that is equivalent to--
                    (A) the average annual taxes imposed by sections 
                4041 and 4081 of the Internal Revenue Code of 1986 with 
                respect to gasoline or any other fuel used in a motor 
                vehicle (other than aviation gasoline or diesel), 
                divided by
                    (B) the total vehicle miles traveled by passenger 
                vehicles and light trucks; and
            (2) for medium- and heavy-duty trucks, a per-mile user fee 
        that is equivalent to--
                    (A) the average annual taxes imposed by sections 
                4041 and 4081 of such Code with respect to diesel fuel, 
                divided by
                    (B) the total vehicle miles traveled by medium- and 
                heavy-duty trucks.
        Taxes shall only be taken into account under the preceding 
        sentence to the extent taken into account in determining 
        appropriations to the Highway Trust Fund under section 9503(b) 
        of such Code, and the amount so determined shall be reduced to 
        account for transfers from such fund under paragraphs (3), (4), 
        and (5) of section 9503(c) of such Code.
    (e) Volunteer Participants.--The Secretary of Transportation, in 
coordination with the Secretary of the Treasury, shall--
            (1) ensure, to the extent practicable, that an appropriate 
        number of volunteer participants participate in the pilot 
        program; and
            (2) issue policies to--
                    (A) protect the privacy of volunteer participants; 
                and
                    (B) secure the data provided by volunteer 
                participants.
    (f) Public Awareness Campaign.--The Secretary of Transportation may 
carry out a 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, information from the State surface transportation system 
funding pilot program under section 6020 of the FAST Act (23 U.S.C. 503 
note).
    (g) Revenue Collection.--The Secretary of the Treasury, in 
coordination with the Secretary of Transportation, shall establish a 
mechanism to collect per-mile user fees established under subsection 
(d) from volunteer participants. Such mechanism--
            (1) may be adjusted as needed to address technical 
        challenges; and
            (2) may allow third-party vendors to collect the per-mile 
        user fees and forward such fees to the Treasury.
    (h) Agreement.--The Secretary of Transportation may enter into an 
agreement with a volunteer participant containing such terms and 
conditions as the Secretary considers necessary for participation in 
the pilot program.
    (i) Limitation.--Any revenue collected through the mechanism 
established in subsection (g) shall not be considered a toll under 
section 301 of title 23, United States Code.
    (j) Highway Trust Fund.--The Secretary of the Treasury shall ensure 
that any revenue collected under subsection (f) is deposited into the 
Highway Trust Fund.
    (k) Refund.--Not more than 45 days after the end of each calendar 
quarter in which a volunteer participant has participated in the pilot 
program, the Secretary of the Treasury shall calculate and issue an 
equivalent refund to volunteer participants for applicable Federal 
motor fuel taxes under section 4041 and section 4081 of the Internal 
Revenue Code of 1986, the applicable battery tax under section 4111 of 
such Code, or both, if applicable.
    (l) 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 for the duration of the pilot program, the 
Secretary of Transportation and the Secretary of the Treasury shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report that includes an analysis of--
            (1) whether the objectives described in subsection (a)(2) 
        were achieved;
            (2) how volunteer protections in subsection (f)(2) were 
        complied with; and
            (3) whether per-mile user fees can maintain the long-term 
        solvency of the Highway Trust Fund and achieve and maintain a 
        state of good repair in the surface transportation system.
    (m) Sunset.--The pilot program established under this section shall 
expire on the date that is 4 years after the date on which volunteer 
participants begin participating in such program.
    (n) Definitions.--In this section, the following definitions apply:
            (1) Commercial vehicle.--The term ``commercial vehicle'' 
        has the meaning given the term commercial motor vehicle 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) Light truck.--The term ``light truck'' has the meaning 
        given the term in section 523.2 of title 49, Code of Federal 
        Regulations.
            (4) Medium- and heavy-duty truck.--The term ``medium- and 
        heavy-duty truck'' has the meaning given the term ``commercial 
        medium- and heavy-duty on-highway vehicle'' in section 32901(a) 
        of title 49, United States Code.
            (5) Per-mile user fee.--The term ``per-mile user fee'' 
        means a revenue mechanism that--
                    (A) is applied to road users operating motor 
                vehicles on the surface transportation system; and
                    (B) is based on the number of vehicle miles 
                traveled by an individual road user.
            (6) Volunteer participant.--The term ``volunteer 
        participant'' means--
                    (A) an owner or lessee of an individual private 
                motor vehicle who volunteers to participate in the 
                pilot program;
                    (B) a commercial vehicle operator who volunteers to 
                participate in the pilot program; or
                    (C) an owner of a motor vehicle fleet who 
                volunteers to participate in the pilot program.

                       Subtitle E--Miscellaneous

SEC. 5501. ERGONOMIC SEATING WORKING GROUP.

    (a) In General.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        convene a working group to examine the seating standards for 
        commercial drivers.
            (2) Members.--At a minimum, the working group shall 
        include--
                    (A) seat manufacturers;
                    (B) commercial vehicle manufacturers;
                    (C) transit vehicle manufacturers;
                    (D) labor representatives for the trucking 
                industry;
                    (E) representatives from organizations engaged in 
                collective bargaining on behalf of transit workers in 
                not fewer than 3 States; and
                    (F) musculoskeletal health experts.
    (b) Objectives.--The Secretary shall pursue the following 
objectives through the working group:
            (1) To identify health issues, including musculoskeletal 
        health issues, that afflict commercial drivers due to sitting 
        for long periods of time while on duty.
            (2) To identify research topics for further development and 
        best practices to improve seating.
            (3) To determine ways to incorporate improved seating into 
        manufacturing standards for public transit vehicles and 
        commercial vehicles.
    (c) Report.--
            (1) Submission.--Not later than 18 months after the date of 
        enactment of this Act, the working group shall submit to the 
        Secretary, the Committee on Transportation and Infrastructure 
        of the House of Representatives, and the Committee on Banking, 
        Housing, and Urban Affairs and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        findings of the working group under this section and any 
        recommendations for the adoption of better ergonomic seating 
        for commercial drivers.
            (2) Publication.--Upon receipt of the report in paragraph 
        (1), the Secretary shall publish the report on a publicly 
        accessible website of the Department.
    (d) Applicability of Federal Advisory Committee Act.--The Advisory 
Committee shall be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).

SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED STATES CODE.

    (a) In General.--Section 6314 of title 49, United States Code, is 
repealed.
    (b) Conforming Amendments.--
            (1) Title analysis.--The analysis for chapter 63 of title 
        49, United States Code, is amended by striking the item 
        relating to section 6314.
            (2) Section 6307.--Section 6307(b) of title 49, United 
        States Code, is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``or 
                        section 6314(b)'';
                            (ii) in subparagraph (B) by striking ``or 
                        section 6314(b)''; and
                            (iii) in subparagraph (C) by striking ``or 
                        section 6314(b)''; and
                    (B) in paragraph (2)(A) by striking ``or section 
                6314(b)''.

SEC. 5503. REPORTS.

    Section 308(e)(1) of title 49, United States Code, is amended by 
inserting ``, including public ferry systems,'' after ``mass 
transportation systems''.

                  TITLE VI--MULTIMODAL TRANSPORTATION

SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY.

    Section 70101(b) of title 49, United States Code, is amended--
            (1) in paragraph (2) by inserting ``in rural and urban 
        areas'' after ``freight transportation'';
            (2) in paragraph (7)--
                    (A) in subparagraph (B) by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) travel within population centers; and'';
            (3) in paragraph (9) by striking ``; and'' and inserting 
        the following: ``including--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution;
                    ``(C) minimizing, capturing, or treating stormwater 
                runoff or other adverse impacts to water quality; and
                    ``(D) wildlife habitat loss;'';
            (4) by redesignating paragraph (10) as paragraph (11); and
            (5) by inserting after paragraph (9) the following:
            ``(10) to decrease any adverse impact of freight 
        transportation on communities located near freight facilities 
        or freight corridors; and''.

SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN.

    Section 70102(c) of title 49, United States Code, is amended by 
striking ``shall'' and all that follows through the end and inserting 
the following: ``shall--
            ``(1) update the plan and publish the updated plan on the 
        public website of the Department of Transportation; and
            ``(2) include in the update described in paragraph (1)--
                    ``(A) each item described in subsection (b); and
                    ``(B) best practices to reduce the adverse 
                environmental impacts of freight-related--
                            ``(i) greenhouse gas emissions;
                            ``(ii) local air pollution;
                            ``(iii) stormwater runoff or other adverse 
                        impacts to water quality; and
                            ``(iv) wildlife habitat loss.''.

SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK.

    Section 70103 of title 49, United States Code, is amended--
            (1) in subsection (b)(2)(C) by striking ``of the United 
        States that have'' and inserting the following: ``of the United 
        States that--
                            ``(i) have a total annual value of cargo of 
                        at least $1,000,000,000, as identified by 
                        United States Customs and Border Protection and 
                        reported by the Bureau of the Census; or
                            ``(ii) have'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``Not later than 1 
                year after the date of enactment of this section,'' and 
                inserting the following:
                    ``(A) Report to congress.--Not later than 30 days 
                after the date of enactment of the INVEST in America 
                Act, 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 detailing a 
                plan to designate a final National Multimodal Freight 
                Network, including a detailed summary of the resources 
                within the Office of the Secretary that will be 
                dedicated to carrying out such plan.
                    ``(B) Designation of national multimodal freight 
                network.--Not later than 60 days after the submission 
                of the report described in subparagraph (A),'';
                    (B) in paragraph (3)(C)--
                            (i) by inserting ``and metropolitan 
                        planning organizations'' after ``States''; and
                            (ii) by striking ``paragraph (4)'' and 
                        inserting ``paragraphs (4) and (5)'';
                    (C) in paragraph (4)--
                            (i) in the header by inserting ``and 
                        metropolitan planning organization'' after 
                        ``State'';
                            (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (iii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Critical urban freight facilities and 
                corridors.--
                            ``(i) Area with a population of over 
                        500,000.--In an urbanized area with a 
                        population of 500,000 or more individuals, the 
                        representative metropolitan planning 
                        organization, in consultation with the State, 
                        may designate a freight facility or corridor 
                        within the borders of the State as a critical 
                        urban freight facility or corridor.
                            ``(ii) Area with a population of less than 
                        500,000.--In an urbanized area with a 
                        population of less than 500,000 individuals, 
                        the State, in consultation with the 
                        representative metropolitan planning 
                        organization, may designate a freight facility 
                        or corridor within the borders of the State as 
                        a critical urban freight corridor.
                            ``(iii) Designation.--A designation may be 
                        made under subparagraph (i) or (ii) if the 
                        facility or corridor is in an urbanized area, 
                        regardless of population, and such facility or 
                        corridor--
                                    ``(I) provides access to the 
                                primary highway freight system, the 
                                Interstate system, or an intermodal 
                                freight facility;
                                    ``(II) is located within a corridor 
                                of a route on the primary highway 
                                freight system and provides an 
                                alternative option important to goods 
                                movement;
                                    ``(III) serves a major freight 
                                generator, logistics center, or 
                                manufacturing and warehouse industrial 
                                land;
                                    ``(IV) connects to an international 
                                port of entry;
                                    ``(V) provides access to a 
                                significant air, rail, water, or other 
                                freight facility in the State; or
                                    ``(VI) is important to the movement 
                                of freight within the region, as 
                                determined by the metropolitan planning 
                                organization or the State.
                    ``(D) Limitation.--A State may propose additional 
                designations to the National Multimodal Freight Network 
                in the State in an amount that is--
                            ``(i) for a highway project, not more than 
                        20 percent of the total mileage designated by 
                        the Under Secretary in the State; and
                            ``(ii) for a non-highway project, using a 
                        limitation determined by the Under 
                        Secretary.''; and
                    (D) by adding at the end the following:
            ``(5) Required network components.--In designating or 
        redesignating the National Multimodal Freight Network, the 
        Under Secretary shall ensure that the National Multimodal 
        Freight Network includes the components described in subsection 
        (b)(2).''.

SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES.

    Section 70201(a) of title 49, United States Code, is amended by 
striking ``and local governments'' and inserting ``local governments, 
metropolitan planning organizations, and the departments with 
responsibility for environmental protection and air quality of the 
State''.

SEC. 6005. STATE FREIGHT PLANS.

    Section 70202(b) of title 49, United States Code, is amended--
            (1) in paragraph (3)(A) by inserting ``and urban'' after 
        ``rural'';
            (2) in paragraph (9) by striking ``; and'' and inserting a 
        semicolon;
            (3) by redesignating paragraph (10) as paragraph (12); and
            (4) by inserting after paragraph (9) the following:
            ``(10) strategies and goals to decrease freight-related--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution;
                    ``(C) stormwater runoff or other adverse impacts to 
                water quality; and
                    ``(D) wildlife habitat loss;
            ``(11) strategies and goals to decrease any adverse impact 
        of freight transportation on communities located near freight 
        facilities or freight corridors; and''.

SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of Transportation, in consultation with the 
Secretary of the Treasury and the Commissioner of the Internal Revenue 
Service, shall establish a joint task force to study the establishment 
and administration of a fee on multimodal freight surface 
transportation services.
    (b) Contents.--The study required under subsection (a) shall 
include the following:
            (1) An estimation of the revenue that a fee of up to 1 
        percent on freight transportation services would raise.
            (2) An identification of the entities that would be subject 
        to such a fee paid by the owners or suppliers of cargo.
            (3) An analysis of the administrative capacity of Federal 
        agencies and freight industry participants to collect such a 
        fee and ensure compliance with fee requirements.
            (4) Policy options to prevent avoidance of such a fee, 
        including diversion of freight services to foreign countries.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation 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 the study 
required under subsection (a).

SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE 
              BUREAU.

    Section 116 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking paragraph (1) and 
        inserting the following:
            ``(1) to provide assistance and communicate best practices 
        and financing and funding opportunities to eligible entities 
        for the programs referred to in subsection (d)(1), including 
        by--
                    ``(A) conducting proactive outreach to communities 
                located outside of metropolitan or micropolitan 
                statistical areas (as such areas are defined by the 
                Office of Management and Budget); and
                    ``(B) coordinating with the Office of Rural 
                Development of the Department of Agriculture, the 
                Office of Community Revitalization of the Environmental 
                Protection Agency, and any other agencies that provide 
                technical assistance for rural communities, as 
                determined by the Executive Director;'';
            (2) by redesignating subsection (j) as subsection (k); and
            (3) by inserting after subsection (i) the following:
    ``(j) Annual Progress Report.--Not later than 1 year after the date 
of enactment of this subsection, and annually thereafter, the Executive 
Director shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report detailing--
            ``(1) the use of funds authorized under section 605(f) of 
        title 23; and
            ``(2) the progress of the Bureau in carrying out the 
        purposes described in subsection (b).''.

SEC. 6008. LOCAL HIRE.

    (a) Establishment.--The Secretary of Transportation shall 
immediately reinstate the local labor hiring pilot program containing 
the contracting initiative established by the Secretary and published 
in the Federal Register on March 6, 2015 (80 Fed. Reg. 12257), under 
the same terms, conditions, and requirements as so published.
    (b) Duration.--The Secretary shall continue the local labor hiring 
pilot program reinstated under this section through September 30, 2025.

  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.

    (a) Creditworthiness.--Section 602(a)(2) of title 23, United States 
Code, is amended--
            (1) in subparagraph (A)(iv)--
                    (A) by striking ``a rating'' and inserting ``an 
                investment grade rating''; and
                    (B) by striking ``$75,000,000'' and inserting 
                ``$150,000,000''; and
            (2) in subparagraph (B)--
                    (A) by striking ``the senior debt'' and inserting 
                ``senior debt''; and
                    (B) by striking ``credit instrument is for an 
                amount less than $75,000,000'' and inserting ``total 
                amount of other senior debt and the Federal credit 
                instrument is less than $150,000,000''.
    (b) Non-Federal Share.--Section 603(b) of title 23, United States 
Code, is amended by striking paragraph (8) and inserting the following:
            ``(8) Non-federal share.--Notwithstanding paragraph (9) and 
        section 117(j)(2), the proceeds of a secured loan under the 
        TIFIA program shall be considered to be part of the non-Federal 
        share of project costs required under this title or chapter 53 
        of title 49, if the loan is repayable from non-Federal 
        funds.''.
    (c) Exemption of Funds From TIFIA Federal Share Requirement.--
Section 603(b)(9) of title 23, United States Code, is amended by adding 
at the end the following:
                    ``(C) Territories.--Funds provided for a territory 
                under section 165(c) shall not be considered Federal 
                assistance for purposes of subparagraph (A).''.
    (d) Streamlined Application Process.--Section 603(f) of title 23, 
United States Code, is amended by adding at the end the following:
            ``(3) Additional terms for expedited decisions.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this paragraph, the Secretary 
                shall implement an expedited decision timeline for 
                public agency borrowers seeking secured loans that 
                meet--
                            ``(i) the terms under paragraph (2); and
                            ``(ii) the additional criteria described in 
                        subparagraph (B).
                    ``(B) Additional criteria.--The additional criteria 
                referred to in subparagraph (A)(ii) are the following:
                            ``(i) The secured loan is made on terms and 
                        conditions that substantially conform to the 
                        conventional terms and conditions established 
                        by the National Surface Transportation 
                        Innovative Finance Bureau.
                            ``(ii) The secured loan is rated in the A 
                        category or higher.
                            ``(iii) The TIFIA program share of eligible 
                        project costs is 33 percent or less.
                            ``(iv) The applicant demonstrates a 
                        reasonable expectation that the contracting 
                        process for the project can commence by not 
                        later than 90 days after the date on which a 
                        Federal credit instrument is obligated for the 
                        project under the TIFIA program.
                            ``(v) The project has received a 
                        categorical exclusion, a finding of no 
                        significant impact, or a record of decision 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Written notice.--The Secretary shall provide 
                to an applicant seeking a secured loan under the 
                expedited decision process under this paragraph a 
                written notice informing the applicant whether the 
                Secretary has approved or disapproved the application 
                by not later than 180 days after the date on which the 
                Secretary submits to the applicant a letter indicating 
                that the National Surface Transportation Innovative 
                Finance Bureau has commenced the creditworthiness 
                review of the project.''.
    (e) Assistance to Small Projects.--Section 605(f)(1) of title 23, 
United States Code, is amended by striking ``$2,000,000'' and inserting 
``$3,000,000''.
    (f) Application Process Report.--Section 609(b)(2)(A) of title 23, 
United States Code, is amended--
            (1) in clause (iv) by striking ``and'';
            (2) in clause (v) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(vi) whether the project is located in a 
                        metropolitan statistical area, micropolitan 
                        statistical area, or neither (as such areas are 
                        defined by the Office of Management and 
                        Budget).''.
    (g) Status Reports.--Section 609 of title 23, United States Code, 
is amended by adding at the end the following:
    ``(c) Status Reports.--
            ``(1) In general.--The Secretary shall publish on the 
        website for the TIFIA program--
                    ``(A) on a monthly basis, a current status report 
                on all submitted letters of interest and applications 
                received for assistance under the TIFIA program; and
                    ``(B) on a quarterly basis, a current status report 
                on all approved applications for assistance under the 
                TIFIA program.
            ``(2) Inclusions.--Each monthly and quarterly status report 
        under paragraph (1) shall include, at a minimum, with respect 
        to each project included in the status report--
                    ``(A) the name of the party submitting the letter 
                of interest or application;
                    ``(B) the name of the project;
                    ``(C) the date on which the letter of interest or 
                application was received;
                    ``(D) the estimated project eligible costs;
                    ``(E) the type of credit assistance sought; and
                    ``(F) the anticipated fiscal year and quarter for 
                closing of the credit assistance.''.

             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

SEC. 8001. SHORT TITLE.

    This division may be cited as the ``Improving Hazardous Materials 
Safety Act of 2020''.

                        TITLE I--AUTHORIZATIONS

SEC. 8101. AUTHORIZATION OF APPROPRIATIONS.

    Section 5128 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking paragraphs (1) through 
        (5) and inserting the following:
            ``(1) $67,000,000 for fiscal year 2021;
            ``(2) $68,000,000 for fiscal year 2022;
            ``(3) $69,000,000 for fiscal year 2023;
            ``(4) $71,000,000 for fiscal year 2024; and
            ``(5) $72,000,000 for fiscal year 2025;'';
            (2) in subsection (b)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2021 through 2025''; and
                    (B) by striking ``$21,988,000'' and inserting 
                ``$24,025,000'';
            (3) in subsection (c) by striking ``$4,000,000 for each of 
        fiscal years 2016 through 2020'' and inserting ``$5,000,000 for 
        each of fiscal years 2021 through 2025'';
            (4) in subsection (d) by striking ``$1,000,000 for each of 
        fiscal years 2016 through 2020'' and inserting ``$4,000,000 for 
        each of fiscal years 2021 through 2025'';
            (5) by redesignating subsection (e) as subsection (f); and
            (6) by inserting after subsection (d) the following:
    ``(e) Assistance With Local Emergency Responder Training Grants.--
From the Hazardous Materials Emergency Preparedness Fund established 
under section 5116(h), the Secretary may expend $1,800,000 for each of 
fiscal years 2021 through 2025 to carry out the grant program under 
section 5107(j).''.

          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED TO LITHIUM CELLS AND 
              BATTERIES.

    (a) Repeal.--Section 828 of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 44701 note), and the item relating to such section in 
the table of contents in section 1(b) of such Act, are repealed.
    (b) Conforming Amendments.--Section 333 of the FAA Reauthorization 
Act of 2018 (49 U.S.C. 44701 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``(A) In general.--'' and 
                        all that follows through ``the Secretary'' and 
                        inserting ``The Secretary''; and
                            (ii) by striking subparagraph (B); and
                    (B) in paragraph (2) by striking ``Pursuant to 
                section 828 of the FAA Modernization and Reform Act of 
                2012 (49 U.S.C. 44701 note), the Secretary'' and 
                inserting ``The Secretary'';
            (2) by striking paragraph (4) of subsection (b); and
            (3) by striking paragraph (1) of subsection (h) and 
        inserting the following:
            ``(1) ICAO technical instructions.--The term `ICAO 
        Technical Instructions' means the International Civil Aviation 
        Organization Technical Instructions for the Safe Transport of 
        Dangerous Goods by Air.''.

SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.

    (a) Evaluation.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Federal Railroad Administration, 
in coordination with the Administrator of the Pipeline and Hazardous 
Materials Safety Administration, shall initiate an evaluation of the 
safety, security, and environmental risks of transporting liquefied 
natural gas by rail.
    (b) Testing.--In conducting the evaluation under subsection (a), 
the Administrator of the Federal Railroad Administration shall--
            (1) perform physical testing of rail tank cars, including, 
        at a minimum, the DOT-113 specification, to evaluate the 
        performance of such rail tank cars in the event of an accident 
        or derailment, including evaluation of the extent to which 
        design and construction features such as steel thickness and 
        valve protections prevent or mitigate the release of liquefied 
        natural gas;
            (2) analyze multiple release scenarios, including 
        derailments, front-end collisions, rear-end collisions, side-
        impact collisions, grade-crossing collisions, punctures, and 
        impact of an incendiary device, at a minimum of 3 speeds of 
        travel with a sufficient range of speeds to evaluate the 
        safety, security, and environmental risks posed under real-
        world operating conditions; and
            (3) examine the effects of exposure to climate conditions 
        across rail networks, including temperature, humidity, and any 
        other factors that the Administrator of the Federal Railroad 
        Administration determines could influence performance of rail 
        tank cars and components of such rail tank cars.
    (c) Other Factors To Consider.--In conducting the evaluation under 
subsection (a), the Administrator of the Federal Railroad 
Administration shall evaluate the impact of a discharge of liquefied 
natural gas from a rail tank car on public safety and the environment, 
and consider--
            (1) the benefits of route restrictions, speed restrictions, 
        enhanced brake requirements, personnel requirements, rail tank 
        car technological requirements, and other operating controls;
            (2) the advisability of consist restrictions, including 
        limitations on the arrangement and quantity of rail tank cars 
        carrying liquefied natural gas in any given consist;
            (3) the identification of potential impact areas, and the 
        number of homes and structures potentially endangered by a 
        discharge in rural, suburban, and urban environments;
            (4) the impact of discharge on the environment, including 
        air quality impacts;
            (5) the benefits of advanced notification to the Department 
        of Transportation, State Emergency Response Commissions, and 
        Tribal Emergency Response Commissions of routes for moving 
        liquefied natural gas by rail tank car;
            (6) how first responders respond to an incident, including 
        the extent to which specialized equipment or training would be 
        required and the cost to communities for acquiring any 
        necessary equipment or training;
            (7) whether thermal radiation could occur from a discharge;
            (8) an evaluation of the rail tank car authorized by the 
        Secretary of Transportation for liquefied natural gas or 
        similar cryogenic liquids, and a determination of whether 
        specific safety enhancements or new standards are necessary to 
        ensure the safety of rail transport of liquefied natural gas; 
        and
            (9) the risks posed by the transportation of liquefied 
        natural gas by International Organization for Standardization 
        containers authorized by the Federal Railroad Administration.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate, and make available to the public--
            (1) a report based on the evaluation and testing conducted 
        under subsections (a) and (b), which shall include the results 
        of the evaluation and testing and recommendations for 
        mitigating or eliminating the safety, security, environmental, 
        and other risks of an accident or incident involving the 
        transportation of liquefied natural gas by rail; and
            (2) a complete list of all research related to the 
        transportation of liquefied natural gas by rail conducted by 
        the Federal Railroad Administration, the Pipeline and Hazardous 
        Materials Safety Administration, or any other entity of the 
        Federal Government since 2010 that includes, for each research 
        item--
                    (A) the title of any reports or studies produced 
                with respect to the research;
                    (B) the agency, entity, or organization performing 
                the research;
                    (C) the names of all authors and co-authors of any 
                report or study produced with respect to the research; 
                and
                    (D) the date any related report was published or is 
                expected to publish.
    (e) Data Collection.--The Administrator of the Federal Railroad 
Administration and the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall collect any relevant data or 
records necessary to complete the evaluation required by subsection 
(a).
    (f) GAO Report.--After the evaluation required by subsection (a) 
has been completed, the Comptroller General of the United States shall 
conduct an independent evaluation to verify that the Federal Railroad 
Administration and the Pipeline and Hazardous Materials Safety 
Administration complied with the requirements of this Act, and transmit 
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 findings of such 
independent evaluation.
    (g) Congressional Review Requirements.--
            (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                    (A) the date that is 1 year after the date of 
                completion of the report under subsection (f); or
                    (B) the date that is 4 years after the date of 
                enactment of this Act.
            (2) Congressional authority.--The Secretary of 
        Transportation--
                    (A) may not issue any regulation authorizing the 
                transportation of liquefied natural gas by rail tank 
                car or authorize such transportation through issuance 
                of a special permit or approval before the conclusion 
                of the review period; and
                    (B) shall rescind any special permit or approval 
                for the transportation of liquefied natural gas by rail 
                tank car issued before the date of enactment of this 
                Act.

SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIREMENTS AND GRANTS.

    Section 5107 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Assistance With Local Emergency Responder Training.--The 
Secretary shall make grants to nonprofit organizations to develop 
hazardous materials response training for emergency responders, 
including response activities for the transportation of crude oil, 
ethanol, and other flammable liquids by rail (consistent with National 
Fire Protection Association standards), and to make such training 
available electronically or in person.''.

SEC. 8204. STUDY ON HAZARDOUS MATERIALS TRANSPORTED BY COMMERCIAL MOTOR 
              VEHICLES ON HIGHWAY-RAIL GRADE CROSSINGS.

    (a) Study.--
            (1) In general.--The Secretary of Transportation shall 
        conduct a study to evaluate the overall safety of the 
        requirement that commercial motor vehicles come to a full stop 
        at highway-rail grade crossings described in section 392.10 of 
        title 49, Code of Federal Regulations.
            (2) Contents.--The study required under paragraph (1) 
        shall--
                    (A) collect and analyze data on the frequency and 
                severity of rear-end collisions that occur when 
                commercial motor vehicles transporting hazardous 
                materials are stopped at grade crossings;
                    (B) assess the extent to which such requirement 
                reduces instances of truck-train collisions;
                    (C) evaluate the overall safety of such 
                requirement; and
                    (D) recommend whether to remove such requirement.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report detailing 
the findings of the study under subsection (a) and the Secretary's 
planned course of action regarding the requirement described in section 
392.10 of title 49, Code of Federal Regulations.
    (c) Commercial Motor Vehicle Defined.--In this section, the term 
``commercial motor vehicle'' has the meaning given such term in section 
13102 of title 49, United States Code.

                            DIVISION D--RAIL

SEC. 9001. SHORT TITLE.

    This division may be cited as the ``Transforming Rail by 
Accelerating Investment Nationwide Act'' or the ``TRAIN Act''.

                        TITLE I--AUTHORIZATIONS

SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Grants to Amtrak.--
            (1) Northeast corridor.--There are authorized to be 
        appropriated to the Secretary for the use of Amtrak for 
        activities associated with the Northeast Corridor the following 
        amounts:
                    (A) For fiscal year 2021, $2,900,000,000.
                    (B) For fiscal year 2022, $2,700,000,000.
                    (C) For fiscal year 2023, $2,500,000,000.
                    (D) For fiscal year 2024, $2,500,000,000.
                    (E) For fiscal year 2025, $2,500,000,000.
            (2) National network.--There are authorized to be 
        appropriated to the Secretary for the use of Amtrak for 
        activities associated with the National Network the following 
        amounts:
                    (A) For fiscal year 2021, $3,600,000,000.
                    (B) For fiscal year 2022, $3,400,000,000.
                    (C) For fiscal year 2023, $3,200,000,000.
                    (D) For fiscal year 2024, $3,000,000,000.
                    (E) For fiscal year 2025, $3,000,000,000.
    (b) Project Management Oversight.--The Secretary may withhold up to 
$15,000,000 from the amounts made available under subsection (a) for 
the costs of management oversight of Amtrak.
    (c) Amtrak Common Benefit Costs for State-supported Routes.--For 
any fiscal year in which funds are made available under subsection 
(a)(2) in excess of the amounts authorized for fiscal year 2020 under 
section 11101(b) of the FAST Act (114-94), Amtrak shall use up to 
$400,000,000 of the excess funds to defray the share of operating costs 
of Amtrak's national assets (as such term is defined in section 
24320(c)(5) of title 49, United States Code) that is allocated to the 
State-supported services.
    (d) State-Supported Route Committee.--Of the funds made available 
under subsection (a)(2), the Secretary may make available up to 
$3,000,000 for each fiscal year for the State-Supported Route Committee 
established under section 24712 of title 49, United States Code.
    (e) Northeast Corridor Commission.--Of the funds made available 
under subsection (a)(1), the Secretary may make available up to 
$6,000,000 for each fiscal year for the Northeast Corridor Commission 
established under section 24905 of title 49, United States Code.
    (f) Authorization of Appropriations for Amtrak Office of Inspector 
General.--There are authorized to be appropriated to the Office of 
Inspector General of Amtrak the following amounts:
            (1) For fiscal year 2021, $26,500,000.
            (2) For fiscal year 2022, $27,000,000.
            (3) For fiscal year 2023, $27,500,000.
            (4) For fiscal year 2024, $28,000,000.
            (5) For fiscal year 2025, $28,500,000.
    (g) Passenger Rail Improvement, Modernization, and Enhancement 
Grants.--There are authorized to be appropriated to the Secretary to 
carry out section 22906 of title 49, United States Code, the following 
amounts:
            (1) For fiscal year 2021, $3,800,000,000.
            (2) For fiscal year 2022, $3,800,000,000.
            (3) For fiscal year 2023, $3,800,000,000.
            (4) For fiscal year 2024, $3,800,000,000.
            (5) For fiscal year 2025, $3,800,000,000.
    (h) Consolidated Rail Infrastructure and Safety Improvements.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22907 of title 49, United 
        States Code, the following amounts:
                    (A) For fiscal year 2021, $1,400,000,000.
                    (B) For fiscal year 2022, $1,400,000,000.
                    (C) For fiscal year 2023, $1,400,000,000.
                    (D) For fiscal year 2024, $1,400,000,000.
                    (E) For fiscal year 2025, $1,400,000,000.
            (2) Project management oversight.--The Secretary may 
        withhold up to 1 percent from the amount appropriated under 
        paragraph (1) for the costs of project management oversight of 
        grants carried out under section 22907 of title 49, United 
        States Code.
    (i) Railroad Rehabilitation and Improvement Financing.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary for payment of credit risk premiums in accordance 
        with section 9104 of this division and section 502 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 822) $30,000,000 for each of fiscal years 2021 through 
        2025, to remain available until expended.
            (2) Refund of premium.--There are authorized to be 
        appropriated to the Secretary $70,000,000 to repay the credit 
        risk premium under section 502 of the Railroad Revitalization 
        and Regulatory Reform Act of 1976 (45 U.S.C. 822) in accordance 
        with section 9104.
    (j) Restoration and Enhancement Grants.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22908 of title 49, United 
        States Code, $20,000,000 for each of fiscal years 2021 through 
        2025.
            (2) Project management oversight.--The Secretary may 
        withhold up to 1 percent from the amount appropriated under 
        paragraph (1) for the costs of project management oversight of 
        grants carried out under section 22908 of title 49, United 
        States Code.
    (k) Grade Crossing Separation Grants.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 20171 of title 49, United 
        States Code, (as added by section 9551 of this Act) the 
        following amounts:
            (1) For fiscal year 2021, $450,000,000.
            (2) For fiscal year 2022, $475,000,000.
            (3) For fiscal year 2023, $500,000,000.
            (4) For fiscal year 2024, $525,000,000.
            (5) For fiscal year 2025, $550,000,000.
            (2) Project management oversight.--The Secretary may 
        withhold up to 1 percent from the amount appropriated under 
        paragraph (1) for the costs of project management oversight of 
        grants carried out under section 20171 of title 49, United 
        States Code.
    (l) Rail Safety Public Awareness Grants.--Of the amounts made 
available under subsection (k), the Secretary shall make available 
$5,000,000 for each of fiscal years 2021 through 2025 to carry out 
section 20172 of title 49, United States Code, (as added by section 
9552 of this Act).
    (m) Authorization of Appropriations to the Federal Railroad 
Administration.--Section 20117 of title 49, United States Code, is 
amended to read as follows:
``Sec. 20117. Authorization of appropriations
    ``(a) Safety and Operations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for the operations of the 
        Federal Railroad Administration and to carry out railroad 
        safety activities authorized or delegated to the 
        Administrator--
                    ``(A) $229,000,000 for fiscal year 2021.
                    ``(B) $231,000,000 for fiscal year 2022;
                    ``(C) $233,000,000 for fiscal year 2023;
                    ``(D) $235,000,000 for fiscal year 2024; and
                    ``(E) $237,000,000 for fiscal year 2025.
            ``(2) Automated track inspection program and data 
        analysis.--From the funds made available under paragraph (1) 
        for each of fiscal years 2021 through 2025, not more than 
        $17,000,000 may be expended for the Automated Track Inspection 
        Program and data analysis related to track inspection. Such 
        funds shall remain available until expended.
            ``(3) State participation grants.--Amounts made available 
        under paragraph (1) for grants under section 20105(e) shall 
        remain available until expended.
            ``(4) Short line safety.--From funds made available under 
        paragraph (1), the Secretary may expend not more than 
        $4,000,000--
                    ``(A) for grants to improve safety practices and 
                training for Class II and Class III freight railroads; 
                and
                    ``(B) to develop safety management systems for 
                Class II and Class III freight railroads through safety 
                culture assessments, training and education, outreach 
                activities, and technical assistance.
    ``(b) Railroad Research and Development.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of 
        Transportation for necessary expenses for carrying out railroad 
        research and development activities the following amounts which 
        shall remain available until expended:
                    ``(A) $42,000,000 for fiscal year 2021.
                    ``(B) $44,000,000 for fiscal year 2022.
                    ``(C) $46,000,000 for fiscal year 2023.
                    ``(D) $48,000,000 for fiscal year 2024.
                    ``(E) $50,000,000 for fiscal year 2025.
            ``(2) Study on lng by rail.--From the amounts made 
        available for fiscal years 2021 through 2025 under paragraph 
        (1), the Secretary shall expend not less than $6,000,000 and 
        not more than $8,000,000 to carry out the evaluation of 
        transporting liquefied natural gas by rail under section 10204.
            ``(3) Study on safety culture assessments.--From the 
        amounts made available for fiscal year 2021 under paragraph 
        (1), the Secretary shall expend such sums as are necessary to 
        carry out the study on safety culture assessments under section 
        9517 of the TRAIN Act.''.
    (n) Fatigue Reduction Pilot Projects.--There are authorized to be 
appropriated to the Secretary for costs associated with carrying out 
section 21109(e) of title 49, United States Code, $200,000 to remain 
available until expended.

SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EXPANSION 
              GRANTS.

    (a) In General.--Section 22906 of title 49, United States Code, is 
amended to read as follows:
``Sec. 22906. Passenger rail improvement, modernization, and expansion 
              grants
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a program to make grants for capital projects that improve 
the state of good repair, operational performance, or growth of 
intercity rail passenger transportation.
    ``(b) Project Selection Criteria.--
            ``(1) In general.--Capital projects eligible for a grant 
        under this section include--
                    ``(A) a project to replace, rehabilitate, or repair 
                a major infrastructure asset used for providing 
                passenger rail service to bring such infrastructure 
                asset into a state of good repair;
                    ``(B) a project to improve passenger rail 
                performance, including congestion mitigation, 
                reliability improvements, achievement on-time 
                performance standards established under section 207 of 
                the Rail Safety Improvement Act of 2008 (49 U.S.C. 
                24101 note), reduced trip times, increased train 
                frequencies, higher operating speeds, electrification, 
                and other improvements, as determined by the Secretary; 
                and
                    ``(C) a project to repair, rehabilitate, replace, 
                or build infrastructure to expand or establish 
                intercity rail passenger transportation and facilities, 
                including high-speed rail.
            ``(2) Requirements.--To be eligible for a grant under this 
        section, an applicant shall have, or provide documentation of a 
        credible plan to achieve--
                    ``(A) the legal, financial, and technical capacity 
                to carry out the project;
                    ``(B) satisfactory continuing control over the use 
                of the equipment or facilities that are the subject of 
                the project; and
                    ``(C) an agreement in place for maintenance of such 
                equipment or facilities.
            ``(3) Priority.--In selecting an applicant for a grant 
        under this section, the Secretary shall give preference to 
        capital projects that--
                    ``(A) are supported by multiple States or are 
                included in a regional planning process; and
                    ``(B) achieve environmental benefits such as a 
                reduction in greenhouse gas emissions or an improvement 
                in local air quality.
            ``(4) Additional considerations.--In selecting an applicant 
        for a grant under this section, the Secretary shall consider--
                    ``(A) the cost-benefit analysis of the proposed 
                project, including anticipated public benefits relative 
                to the costs of the proposed project, including--
                            ``(i) effects on system and service 
                        performance;
                            ``(ii) effects on safety, competitiveness, 
                        reliability, trip or transit time, and 
                        resilience;
                            ``(iii) impacts on the overall 
                        transportation system, including efficiencies 
                        from improved integration with other modes of 
                        transportation or benefits associated with 
                        achieving modal shifts; and
                            ``(iv) the ability to meet existing or 
                        anticipated passenger or service demand;
                    ``(B) the applicant's past performance in 
                developing and delivering similar projects;
                    ``(C) if applicable, the consistency of the project 
                with planning guidance and documents set forth by the 
                Secretary or required by law; and
                    ``(D) if applicable, agreements between all 
                stakeholders necessary for the successful delivery of 
                the project.
    ``(c) Northeast Corridor Projects.--Of the funds made available to 
carry out this section, not less than 40 percent shall be made 
available for projects included in the Northeast Corridor investment 
plan required under section 24904.
    ``(d) National Projects.--Of the funds made available to carry out 
this section, not less than 40 percent shall be made available for--
            ``(1) projects on the National Network;
            ``(2) high-speed rail projects; and
            ``(3) the establishment of new passenger rail corridors not 
        located on the Northeast Corridor.
    ``(e) Federal Share of Total Project Costs.--
            ``(1) Total project cost estimate.--The Secretary shall 
        estimate the total cost of a project under this section based 
        on the best available information, including engineering 
        studies, studies of economic feasibility, environmental 
        analyses, and information on the expected use of equipment or 
        facilities.
            ``(2) Federal share.--The Federal share of total costs for 
        a project under this section shall not exceed 90 percent.
            ``(3) Treatment of revenue.--Applicants may use ticket and 
        other revenues generated from operations and other sources to 
        satisfy the non-Federal share requirements.
    ``(f) Letters of Intent.--
            ``(1) In general.--The Secretary shall, to the maximum 
        extent practicable, issue a letter of intent to a recipient of 
        a grant under this section that--
                    ``(A) announces an intention to obligate, for a 
                major capital project under this section, an amount 
                that is not more than the amount stipulated as the 
                financial participation of the Secretary in the 
                project; and
                    ``(B) states that the contingent commitment--
                            ``(i) is not an obligation of the Federal 
                        Government; and
                            ``(ii) is subject to the availability of 
                        appropriations for grants under this section 
                        and subject to Federal laws in force or enacted 
                        after the date of the contingent commitment.
            ``(2) Congressional notification.--
                    ``(A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), the 
                Secretary shall submit written notification to--
                            ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            ``(ii) the Committee on Appropriations of 
                        the House of Representatives;
                            ``(iii) the Committee on Appropriations of 
                        the Senate; and
                            ``(iv) the Committee on Commerce, Science, 
                        and Transportation of the Senate.
                    ``(B) Contents.--The notification submitted under 
                subparagraph (A) shall include--
                            ``(i) a copy of the letter of intent;
                            ``(ii) the criteria used under subsection 
                        (b) for selecting the project for a grant; and
                            ``(iii) a description of how the project 
                        meets such criteria.
    ``(g) Appropriations Required.--An obligation or administrative 
commitment may be made under this section only when amounts are 
appropriated for such purpose.
    ``(h) Grant Administration.--The Secretary may withhold up to 1 
percent of the total amount made available to carry out this section 
for program oversight and management, including providing technical 
assistance and project planning guidance.
    ``(i) Regional Planning Guidance.--The Secretary may withhold up to 
half a percent of the total amount made available to carry out this 
section to facilitate and provide guidance for regional planning 
processes.
    ``(j) Availability.--Amounts made available to carry out this 
section shall remain available until expended.
    ``(k) Grant Conditions.--Except as specifically provided in this 
section, the use of any amounts appropriated for grants under this 
section shall be subject to the grant conditions under section 22905, 
except that the domestic buying preferences of section 24305(f) shall 
apply to grants provided to Amtrak in lieu of the requirements of 
section 22905(a).
    ``(l) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means--
                    ``(A) a State;
                    ``(B) a group of States;
                    ``(C) an Interstate Compact;
                    ``(D) a public agency or publicly chartered 
                authority established by 1 or more States;
                    ``(E) a political subdivision of a State; or
                    ``(F) Amtrak, acting on its own behalf or under a 
                cooperative agreement with 1 or more States.
            ``(2) Capital project.--The term `capital project' means--
                    ``(A) acquisition, construction, replacement, 
                rehabilitation, or repair of major infrastructure 
                assets or equipment that benefit intercity rail 
                passenger transportation, including tunnels, bridges, 
                stations, track, electrification, grade crossings, 
                passenger rolling stock, and other assets, as 
                determined by the Secretary;
                    ``(B) projects that ensure service can be 
                maintained while existing assets are rehabilitated or 
                replaced; and
                    ``(C) project planning, development, design, and 
                environmental analysis related to projects under 
                subsections (A) and (B).
            ``(3) Intercity rail passenger transportation.--The term 
        `intercity rail passenger transportation' has the meaning given 
        such term in section 24102.
            ``(4) High-speed rail.--The term `high-speed rail' has the 
        meaning given such term in section 26106(b).
            ``(5) Northeast corridor.--The term `Northeast Corridor' 
        has the meaning given such term in section 24102.
            ``(6) National network.--The term `National Network' has 
        the meaning given such term in section 24102.
            ``(7) State.--The term `State' means each of the 50 States 
        and the District of Columbia.''.
    (b) Clerical Amendment.--The item related to section 22906 in the 
analysis for chapter 229 of title 49, United States Code, is amended to 
read as follows:

``22906. Passenger rail improvement, modernization, and expansion 
                            grants.''.

SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT 
              GRANTS.

    Section 22907 of title 49, United States Code, is amended--
            (1) in subsection (b) by adding at the end the following:
            ``(12) A commuter authority (as such term is defined in 
        section 24102).'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by inserting ``, maintenance, 
                and upgrades'' after ``Deployment'';
                    (B) in paragraph (3) by inserting ``or safety'' 
                after ``address congestion'';
                    (C) in paragraph (4) by striking ``identified by 
                the Secretary'' and all that follows through ``rail 
                transportation'' and inserting ``to reduce congestion, 
                improve service, or facilitate ridership growth in 
                intercity rail passenger transportation and commuter 
                rail passenger transportation (as such term is defined 
                in section 24102)'';
                    (D) in paragraph (5) by inserting ``or to establish 
                new quiet zones'' before the period at the end; and
                    (E) in paragraph (9) by inserting ``or commuter 
                rail passenger transportation (as such term is defined 
                in section 24102)'' after ``between intercity rail 
                passenger transportation'';
            (3) in subsection (e) by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--In selecting a recipient of a grant for 
        an eligible project, the Secretary shall give preference to--
                    ``(A) projects that will maximize the net benefits 
                of the funds made available for use under this section, 
                considering the cost-benefit analysis of the proposed 
                project, including anticipated public benefits relative 
                to the costs of the proposed project and factoring in 
                the other considerations described in paragraph (2); 
                and
                    ``(B) projects that benefit a station that--
                            ``(i) serves Amtrak and commuter rail;
                            ``(ii) is listed amongst the 25 stations 
                        with highest ridership in the most recent 
                        Amtrak Company Profile; and
                            ``(iii) has support from both Amtrak and 
                        the provider of commuter rail passenger 
                        transportation servicing the station.'';
            (4) in subsection (g)(1) by striking ``25 percent'' and 
        inserting ``15 percent'';
            (5) in subsection (l) by striking ``Secretary shall'' and 
        inserting ``Secretary may'';
            (6) by redesignating subsections (i), (j), (k), and (l) as 
        subsections (k), (l), (m), and (n), respectively; and
            (7) by inserting after subsection (h) the following:
    ``(i) Large Projects.--Of the amounts made available under this 
section, at least 50 percent shall be for projects that have total 
project costs of greater than $100,000,000.
    ``(j) Commuter Rail.--
            ``(1) Administration of funds.--The amounts awarded under 
        this section for commuter rail passenger transportation 
        projects shall be transferred by the Secretary, after 
        selection, to the Federal Transit Administration for 
        administration of funds in accordance with chapter 53.
            ``(2) Grant condition.--
                    ``(A) In general.--As a condition of receiving a 
                grant under this section that is used to acquire, 
                construct, or improve railroad right-of-way or 
                facilities, any employee covered by the Railway Labor 
                Act (45 U.S.C. 151 et seq.) and the Railroad Retirement 
                Act of 1974 (45 U.S.C. 231 et seq.) who is adversely 
                affected by actions taken in connection with the 
                project financed in whole or in part by such grant 
                shall be covered by employee protective arrangements 
                established under section 22905(e).
                    ``(B) Application of protective arrangement.--The 
                grant recipient and the successors, assigns, and 
                contractors of such recipient shall be bound by the 
                protective arrangements required under subparagraph 
                (A). Such recipient shall be responsible for the 
                implementation of such arrangement and for the 
                obligations under such arrangement, but may arrange for 
                another entity to take initial responsibility for 
                compliance with the conditions of such arrangement.
            ``(3) Application of law.--Subsections (g) and (f)(1) of 
        section 22905 shall not apply to grants awarded under this 
        section for commuter rail passenger transportation projects.''.

SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.

    Section 502 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 822) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by inserting 
                        ``civil works such as cuts and fills, stations, 
                        tunnels,'' after ``components of track,''; and
                            (ii) in subparagraph (D) by inserting ``, 
                        permitting,'' after ``reimburse planning''; and
                    (B) by striking paragraph (3);
            (2) in subsection (f)--
                    (A) in paragraph (3) by adding at the end the 
                following:
                    ``(D) A projection of freight or passenger demand 
                for the project based on regionally developed economic 
                forecasts, including projections of any modal diversion 
                resulting from the project.''; and
                    (B) in paragraph (4)--
                            (i) by striking ``Credit risk premiums'' 
                        and inserting ``(A) Timing of payment.--Credit 
                        risk premiums''; and
                            (ii) by adding at the end the following:
                    ``(B) Payment of credit risk premiums.--
                            ``(i) In general.--In granting assistance 
                        under this section, the Secretary may pay 
                        credit risk premiums required under paragraph 
                        (3) for entities described in paragraphs (1) 
                        through (3) of subsection (a), in whole or in 
                        part, with respect to a loan or loan guarantee.
                            ``(ii) Set-aside.--Of the amounts made 
                        available for payments for a fiscal year under 
                        clause (i), the Secretary shall reserve 
                        $25,000,000 for payments for passenger rail 
                        projects, to remain available until expended.
                    ``(C) Refund of premium.--The Secretary shall repay 
                the credit risk premium of each loan in cohort 3, as 
                defined by the memorandum to the Office of Management 
                and Budget of the Department of Transportation dated 
                November 5, 2018, with interest accrued thereon, not 
                later than 60 days after the date on which all 
                obligations attached to each such loan have been 
                satisfied. For each such loan for which obligations 
                have been satisfied as of the date of enactment of the 
                TRAIN Act, the Secretary shall repay the credit risk 
                premium of each such loan, with interest accrued 
                thereon, not later than 60 days after the date of the 
                enactment of such Act.''; and
            (3) by adding at the end the following:
    ``(n) Non-Federal Share.--The proceeds of a loan provided under 
this section may be used as the non-Federal share of project costs 
under this title or chapter 53 of title 49 if such loan is repayable 
from non-Federal funds.''.

SEC. 9105. BUY AMERICA.

    Section 22905(a) of title 49, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B) by adding ``or'' at the 
                end;
                    (B) by striking subparagraph (C); and
                    (C) by redesignating subparagraph (D) as 
                subparagraph (C);
            (2) by striking paragraph (4) and inserting the following:
            ``(4)(A) If the Secretary receives a request for a waiver 
        under paragraph (2), the Secretary shall provide notice of and 
        an opportunity for public comment on the request at least 30 
        days before making a finding based on the request.
            ``(B) A notice provided under subparagraph (A) shall--
                    ``(i) include the information available to the 
                Secretary concerning the request, including whether the 
                request is being made under subparagraph (A), (B), or 
                (C) of paragraph (2); and
                    ``(ii) be provided by electronic means, including 
                on the official public website of the Department of 
                Transportation.'';
            (3) in paragraph (5)--
                    (A) by striking ``2012'' and inserting ``2020, and 
                each year thereafter''; and
                    (B) by inserting ``during the preceding fiscal 
                year'' before the period; and
            (4) by adding at the end the following:
            ``(12) The requirements of this subsection apply to all 
        contracts for a project carried out within the scope of the 
        applicable finding, determination, or decisions under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), regardless of the funding source for activities carried 
        out pursuant to such contracts, if at least 1 contract for the 
        project is funded with amounts made available to carry out a 
        provision specified in paragraph (1).''.

SEC. 9106. RAIL NETWORK CLIMATE CHANGE VULNERABILITY ASSESSMENT.

    (a) In General.--The Secretary of Transportation shall sponsor a 
study by the National Academies to conduct an assessment of the 
potential impacts of climate change on the national rail network.
    (b) Assessment.--At a minimum, the assessment conducted pursuant to 
subsection (a) shall--
            (1) cover the entire freight and intercity passenger rail 
        network of the United States;
            (2) evaluate risk to the network over 5-, 30-, and 50-year 
        outlooks;
            (3) examine and describe potential effects of climate 
        change and extreme weather events on passenger and freight rail 
        infrastructure, trackage, and facilities, including facilities 
        owned by rail shippers;
            (4) identify and categorize the assets described in 
        paragraph (3) by vulnerability level and geographic area; and
            (5) recommend strategies or measures to mitigate any 
        adverse impacts of climate change, including emergency 
        preparedness measures and resiliency best practices for 
        infrastructure planning.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing the findings of the assessment conducted pursuant to 
subsection (a).
    (d) Further Coordination.--The Secretary shall make the report 
publicly available on the website of the Department of Transportation 
and communicate the results of the assessment with stakeholders.
    (e) Regulatory Authority.--If the Secretary finds in the report 
required under subsection (c) that regulatory measures are warranted 
and such measures are otherwise under the existing authority of the 
Secretary, the Secretary may issue such regulations as are necessary to 
implement such measures.
    (f) Funding.--From the amounts made available for fiscal year 2021 
under section 20117(a) of title 49, United States Code, the Secretary 
shall expend not less than $1,000,000 to carry out the study required 
under subparagraph (a).

                        TITLE II--AMTRAK REFORMS

SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS.

    Section 24101 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``, to the extent its 
                        budget allows,''; and
                            (ii) by striking ``between crowded urban 
                        areas and in other areas of'' and inserting 
                        ``throughout'';
                    (B) in paragraph (2) by striking the period and 
                inserting ``, thereby providing additional capacity for 
                the traveling public and widespread air quality 
                benefits.'';
                    (C) in paragraph (4)--
                            (i) by striking ``greater'' and inserting 
                        ``high''; and
                            (ii) by striking ``to Amtrak to achieve a 
                        performance level sufficient to justify 
                        expending public money'' and inserting ``in 
                        order to meet the passenger rail needs of the 
                        United States'';
                    (D) in paragraph (5)--
                            (i) by inserting ``intercity and'' after 
                        ``efficient''; and
                            (ii) by striking ``the energy conservation 
                        and self-sufficiency'' and inserting 
                        ``addressing climate change, energy 
                        conservation, and self-sufficiency''; and
                    (E) by adding at the end the following:
            ``(9) Long-distance passenger rail is an important part of 
        the national transportation system.
            ``(10) Investments in intercity and commuter rail passenger 
        transportation support jobs that provide a pathway to the 
        middle class.'';
            (2) in subsection (b) by striking ``The'' and all that 
        follows through ``consistent'' and inserting ``The mission of 
        Amtrak is to provide a safe, efficient, and high-quality 
        national passenger rail system, consistent'';
            (3) in subsection (c)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) use its best business judgment in acting to maximize 
        the benefits of public funding;'';
                    (B) in paragraph (2)--
                            (i) by striking ``minimize Government 
                        subsidies by encouraging'' and inserting ``work 
                        with''; and
                            (ii) by striking the semicolon and 
                        inserting ``and improvements to service;'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) manage the passenger rail network in the interest of 
        public transportation needs, including current and future 
        Amtrak passengers;'';
                    (D) in paragraph (7) by striking ``encourage'' and 
                inserting ``work with'';
                    (E) in paragraph (11) by striking ``and'' the last 
                place it appears; and
                    (F) by striking paragraph (12) and inserting the 
                following:
            ``(12) utilize and manage resources with a long-term 
        perspective, including sound investments that take into account 
        the overall lifecycle costs of an asset;
            ``(13) ensure that service is accessible and accommodating 
        to passengers with disabilities; and
            ``(14) maximize the benefits Amtrak generates for the 
        United States by creating quality jobs and supporting the 
        domestic workforce.''; and
            (4) by striking subsection (d).

SEC. 9202. AMTRAK STATUS.

    Section 24301(a) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``20102(2)'' and inserting 
        ``20102''; and
            (2) in paragraph (2) by inserting ``serving the public 
        interest in reliable passenger rail service'' after ``for-
        profit corporation''.

SEC. 9203. BOARD OF DIRECTORS.

    Section 24302 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) 8 individuals appointed by the President of 
                the United States, by and with the advice and consent 
                of the Senate, with a record of support for national 
                passenger rail service, general business and financial 
                experience, and transportation qualifications or 
                expertise. Of the individuals appointed--
                            ``(i) 1 shall be a Mayor or Governor of a 
                        location served by a regularly scheduled Amtrak 
                        service on the Northeast Corridor;
                            ``(ii) 1 shall be a Mayor or Governor of a 
                        location served by a regularly scheduled Amtrak 
                        service that is not on the Northeast Corridor;
                            ``(iii) 1 shall be a labor representative 
                        of Amtrak employees; and
                            ``(iv) 2 shall be individuals with a 
                        history of regular Amtrak ridership and an 
                        understanding of the concerns of rail 
                        passengers.'';
                    (B) in paragraph (2) by inserting ``users of 
                Amtrak, including the elderly and individuals with 
                disabilities, and'' after ``and balanced representation 
                of'';
                    (C) in paragraph (3) by adding at the end the 
                following: ``A member of the Board appointed under 
                clause (i) or (ii) of paragraph (1)(C) shall serve for 
                a term of 5 years or until such member leaves the 
                elected office such member occupied at the time such 
                member was appointed, whichever is first.''; and
                    (D) by striking paragraph (5) and inserting the 
                following:
            ``(5) The Secretary and any Governor of a State may be 
        represented at a Board meeting by a designee.'';
            (2) in subsection (b)--
                    (A) by striking ``Pay and Expenses'' and inserting 
                ``Duties, Pay, and Expenses''; and
                    (B) by inserting ``Each director must consider the 
                well-being of current and future Amtrak passengers, and 
                the public interest in sustainable national passenger 
                rail service.'' before ``Each director not employed by 
                the United States Government or Amtrak''; and
            (3) by adding at the end the following:
    ``(g) Governor Defined.--In this section, the term `Governor' means 
the Governor of a State or the Mayor of the District of Columbia and 
includes the designee of the Governor.''.

SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT.

    (a) In General.--Section 24308(c) of title 49, United States Code, 
is amended by adding at the end the following: ``Notwithstanding 
section 24103(a) and section 24308(f), Amtrak shall have the right to 
bring an action for equitable or other relief in the United States 
District Court for the District of Columbia to enforce the preference 
rights granted under this subsection.''.
    (b) Conforming Amendment.--Section 24103 of title 49, United States 
Code, is amended by inserting ``and section 24308(c)'' before ``, only 
the Attorney General''.

SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES TO AMTRAK.

    Section 24308(e) of title 49, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1)(A) When a rail carrier does not agree to allow Amtrak 
        to operate additional trains over any rail line of the carrier 
        on which Amtrak is operating or seeks to operate, Amtrak may 
        submit an application to the Board for an order requiring the 
        carrier to allow for the operation of the requested trains. 
        Within 90 days of receipt of such application, the Board shall 
        determine whether the additional trains would unreasonably 
        impair freight transportation and--
                    ``(i) for a determination that such trains do not 
                unreasonably impair freight transportation, order the 
                rail carrier to allow for the operation of such trains 
                on a schedule established by the Board; or
                    ``(ii) for a determination that such trains do 
                unreasonably impair freight transportation, initiate a 
                proceeding to determine any additional infrastructure 
                investments required by, or on behalf of, Amtrak.
            ``(B) If Amtrak seeks to resume operation of a train that 
        Amtrak operated during the 5-year period preceding an 
        application described in subparagraph (A), the Board shall 
        apply a presumption that the resumed operation of such train 
        will not unreasonably impair freight transportation unless the 
        Board finds that there are substantially changed 
        circumstances.'';
            (2) in paragraph (2)--
                    (A) by striking ``The Board shall consider'' and 
                inserting ``The Board shall'';
                    (B) by striking subparagraph (A) and inserting the 
                following:
            ``(A) in making the determination under paragraph (1), take 
        into account any infrastructure investments proposed in 
        Amtrak's application, with the rail carrier having the burden 
        of demonstrating that the additional trains will unreasonably 
        impair the freight transportation; and''; and
                    (C) in subparagraph (B) by inserting ``consider 
                investments described in subparagraph (A) and'' after 
                ``times,''; and
            (3) by adding at the end the following:
            ``(4) In a proceeding initiated by the Board under 
        paragraph (1)(B), the Board shall solicit the views of the 
        parties and require the parties to provide any necessary data 
        or information. Not later than 180 days after the date on which 
        the Board makes a determination under paragraph (1)(B), the 
        Board shall issue an order requiring the rail carrier to allow 
        for the operation of the requested trains conditioned upon 
        additional infrastructure or other investments needed to 
        mitigate the unreasonable interference. In determining the 
        necessary level of additional infrastructure or other 
        investments, the Board shall use any criteria, assumptions, and 
        processes it considers appropriate.
            ``(5) The provisions of this subsection shall be in 
        addition to any other statutory or contractual remedies Amtrak 
        may have to obtain the right to operate the additional 
        trains.''.

SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION.

    (a) In General.--Section 28103 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Prohibition on Choice-of-forum Clause.--
            ``(1) In general.--Amtrak may not impose a choice-of-forum 
        clause that attempts to preclude a passenger, or a person who 
        purchases a ticket for rail transportation on behalf of a 
        passenger, from bringing a claim against Amtrak in any court of 
        competent jurisdiction, including a court within the 
        jurisdiction of the residence of such passenger in the United 
        States (provided that Amtrak does business within that 
        jurisdiction).
            ``(2) Court of competent jurisdiction.--Under this 
        subsection, a court of competent jurisdiction may not include 
        an arbitration forum.''.
    (b) Effective Date.--This section, and the amendments made by this 
section, shall apply to any claim that arises on or after the date of 
enactment of this Act.

SEC. 9207. AMTRAK ADA ASSESSMENT.

    (a) Assessment.--Amtrak shall conduct an assessment and review of 
all Amtrak policies, procedures, protocols, and guidelines for 
compliance with the requirements of the Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.).
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, Amtrak 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 assessment conducted under subsection (a).
    (c) Contents.--The report required under subsection (b) shall 
include--
            (1) a summary of the policies, procedures, protocols, and 
        guidelines reviewed;
            (2) any necessary changes to such policies, procedures, 
        protocols, and guidelines to ensure compliance with the 
        Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), including full compliance under such Act for Amtrak 
        stations and facilities and consideration of the needs of 
        individuals with disabilities when procuring rolling stock; and
            (3) an implementation plan and timeline for making any such 
        necessary changes.
    (d) Engagement.--Amtrak is encouraged to engage with a range of 
advocates for individuals with disabilities during the assessment 
conducted under subsection (a), and develop an ongoing and standardized 
process for engagement with advocates for individuals with 
disabilities.
    (e) Periodic Evaluation.--At least once every 2 years, Amtrak shall 
review and update, as necessary, Amtrak policies, procedures, 
protocols, and guidelines to ensure compliance with the Americans With 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
    ``(a) Prohibition.--Beginning on the date of enactment of the TRAIN 
Act, Amtrak shall prohibit smoking on board Amtrak trains.
    ``(b) Electronic Cigarettes.--
            ``(1) Inclusion.--The use of an electronic cigarette shall 
        be treated as smoking for purposes of this section.
            ``(2) Electronic cigarette defined.--In this section, the 
        term `electronic cigarette' means a device that delivers 
        nicotine or other substances to a user of the device in the 
        form of a vapor that is inhaled to simulate the experience of 
        smoking.''.
    (b) Conforming Amendment.--The analysis for chapter 243 of title 
49, United States Code, is amended by adding at the end the following:

``24323. Prohibition on smoking on Amtrak trains.''.

SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AMTRAK.

    Section 24712 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)(C) by striking ``the vote'' 
                and inserting ``the votes'';
                    (B) in paragraph (4) by striking the first sentence 
                and inserting ``The Committee shall define and 
                periodically update the rules and procedures governing 
                the Committee's proceedings.''; and
                    (C) in paragraph (6)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Procedures.--The rules and procedures 
                implemented under paragraph (4) shall include--
                            ``(i) procedures for changing the cost 
                        allocation methodology, notwithstanding section 
                        209(b) of the Passenger Rail Investment and 
                        Improvement Act (49 U.S.C. 24101 note); and
                            ``(ii) procedures or broad guidelines for 
                        conducting financial planning, including 
                        operating and capital forecasting, reporting, 
                        and data sharing and governance.'';
                            (ii) in subparagraph (C)--
                                    (I) in clause (i) by striking 
                                ``and'' at the end;
                                    (II) in clause (ii) by striking the 
                                period at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) promote increased efficiency in 
                        Amtrak's operating and capital activities.''; 
                        and
                            (iii) by adding at the end the following:
                    ``(D) Annual review.--Not later than June 30 of 
                each year, the Committee shall prepare an evaluation of 
                the cost allocation methodology and procedures under 
                subparagraph (B) and transmit such evaluation to the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate.'';
            (2) in subsection (b)--
                    (A) by inserting ``and to the Committee'' before 
                ``, as well as the planning''; and
                    (B) by inserting before the period at the end the 
                following: ``and the Committee. Not later than 180 days 
                after the date of enactment of the TRAIN Act, the 
                Committee shall develop a report that contains the 
                general ledger data and operating statistics from 
                Amtrak's accounting systems used to calculate payments 
                to States. Amtrak shall provide to the States and the 
                Committee the report for the prior month not later than 
                30 days after the last day of each month'';
            (3) in subsection (e) by inserting ``, including incentives 
        to increase revenue, reduce costs, finalize contracts by the 
        beginning of the fiscal year, and require States to promptly 
        make payments for services delivered'' before the period;
            (4) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by inserting ``and annually review and 
                        update, as necessary,'' after ``shall 
                        develop''; and
                            (ii) by inserting before ``The Committee 
                        may consult'' the following: ``The statement 
                        shall include a list of capital projects, 
                        including infrastructure, fleet, station, and 
                        facility initiatives, needed to support the 
                        growth of State-supported routes.'';
                    (B) in paragraph (2) by striking ``Not later than 2 
                years'' and all that follows through ``transmit the 
                statement'' and inserting ``The Committee shall 
                transmit, not later than March 31 of each year, the 
                most recent annual update to the statement''; and
                    (C) by adding at the end the following:
            ``(3) Sense of congress.--It is the sense of Congress that 
        the Committee shall be the forum where Amtrak and States 
        collaborate on the planning, improvement, and development of 
        corridor routes across the National Network. The Committee 
        shall identify obstacles to passenger rail growth and identify 
        solutions to overcome such obstacles.'';
            (5) by redesignating subsections (g) and (h) as subsections 
        (j) and (k), respectively; and
            (6) by inserting after subsection (f) the following:
    ``(g) New State-supported Routes.--
            ``(1) Consultation.--In developing a new State-supported 
        route, Amtrak shall consult with the following:
                    ``(A) The State or States and local municipalities 
                where such new service would operate.
                    ``(B) Commuter authorities and regional 
                transportation authorities (as such terms are defined 
                in section 24102) in the areas that would be served by 
                the planned route.
                    ``(C) Host railroads.
                    ``(D) Administrator of the Federal Railroad 
                Administration.
                    ``(E) Other stakeholders, as appropriate.
            ``(2) State commitments.--Notwithstanding any other 
        provision of law, before beginning construction necessary for, 
        or beginning operation of, a State-supported route that is 
        initiated on or after the date of enactment of the TRAIN Act, 
        Amtrak shall enter into a memorandum of understanding, or 
        otherwise secure an agreement, with the State in which such 
        route will operate for sharing ongoing fully allocated 
        operating costs and capital costs in accordance with--
                    ``(A) the cost allocation methodology described 
                under subsection (a); or
                    ``(B) the alternative cost allocation schedule 
                described in paragraph (3).
            ``(3) Alternative cost allocation.--Under the alternative 
        cost allocation schedule described in this paragraph, with 
        respect to costs not covered by revenues for the operation of 
        the new State-supported route, Amtrak shall pay--
                    ``(A) the share Amtrak otherwise would have paid 
                under the cost allocation methodology under subsection 
                (a); and
                    ``(B) a percentage of the share that the State 
                otherwise would have paid under the cost allocation 
                methodology under subsection (a) according to the 
                following:
                            ``(i) Amtrak shall pay up to 100 percent of 
                        the capital costs necessary to initiate a new 
                        State-supported route, including planning and 
                        development, design, and environmental 
                        analysis, prior to beginning operations on the 
                        new route.
                            ``(ii) For the first 2 years of operation, 
                        Amtrak shall pay for 100 percent of operating 
                        costs and capital costs.
                            ``(iii) For the third year of operation, 
                        Amtrak shall pay 90 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder.
                            ``(iv) For the fourth year of operation, 
                        Amtrak shall pay 80 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder
                            ``(v) For the fifth year of operation, 
                        Amtrak shall pay 50 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder.
                            ``(vi) For the sixth year of operation and 
                        thereafter, operating costs and capital costs 
                        shall be allocated in accordance with the cost 
                        allocation methodology described under 
                        subsection (a), as applicable.
            ``(4) Application of terms.--In this subsection, the terms 
        `capital cost' and `operating cost' shall apply in the same 
        manner as such terms apply under the cost allocation 
        methodology developed under subsection (a).
    ``(h) Cost Allocation Methodology and Implementation Report.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the TRAIN Act, the Committee shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report assessing potential 
        improvements to the cost allocation methodology required and 
        approved under section 209 of the Passenger Rail Investment and 
        Improvement Act of 2008 (49 U.S.C. 24101 note).
            ``(2) Report contents.--The report required under paragraph 
        (1) shall--
                    ``(A) identify improvements to the cost allocation 
                methodology that would promote--
                            ``(i) transparency of route and train costs 
                        and revenues;
                            ``(ii) facilitation of service and network 
                        growth;
                            ``(iii) improved services for the traveling 
                        public;
                            ``(iv) maintenance or achievement of labor 
                        collective bargaining agreements;
                            ``(v) increased revenues; and
                            ``(vi) reduced costs;
                    ``(B) describe the various contracting approaches 
                used in State-supported services between States and 
                Amtrak, including the method, amount, and timeliness of 
                payments for each State-supported service;
                    ``(C) evaluate the potential benefits and 
                feasibility, including identifying any necessary 
                statutory changes, of implementing a service pricing 
                model for State-supported routes in lieu of a cost 
                allocation methodology and how such a service pricing 
                model would advance the priorities described in 
                subparagraph (A); and
                    ``(D) summarize share of costs from the cost 
                allocation methodology that are--
                            ``(i) assigned;
                            ``(ii) allocated regionally or locally; and
                            ``(iii) allocated nationally.
            ``(3) Update to the methodology.--Not later than 2 years 
        after the implementation of the TRAIN Act, the Committee shall 
        update the methodology, if necessary, based on the findings of 
        the report required under paragraph (1).
    ``(i) Identification of State-Supported Route Changes.--Amtrak 
shall provide an update in the annual grant request under section 24319 
of planned or proposed changes to State-supported routes, including the 
introduction of new State-supported routes. In identifying routes to be 
included in such request, Amtrak shall--
            ``(1) identify the timeframe in which such changes could 
        take effect and whether Amtrak has entered into a commitment 
        with a State under subsection (g)(2); and
            ``(2) consult with the Committee and any additional States 
        in which proposed routes may operate, not less than 120 days 
        before the annual grant request is transmitted to the 
        Secretary.''.

SEC. 9210. AMTRAK POLICE DEPARTMENT.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Comptroller General of the United States shall 
initiate a study of the workforce planning process of the Amtrak Police 
Department and the deployment of personnel and resources of the 
Department.
    (b) Consultation.--In carrying out the study under this section, 
the Comptroller General shall consult with the Amtrak Police Department 
Labor Committee, law enforcement and public safety experts, and 
entities providing passenger rail service comparable to Amtrak, and any 
other relevant entities, as determined by the Comptroller General.
    (c) Contents of Study.--The study under this section shall--
            (1) review and determine whether the workforce planning 
        process used to allocate Amtrak Police Department personnel, 
        including contractors, adequately meets the safety and security 
        needs of the Amtrak network, including considering whether the 
        planning process--
                    (A) identifies critical positions, skills, and 
                competencies necessary for ensuring the safety and 
                security of the Amtrak network;
                    (B) analyzes employment levels of sworn and 
                civilian personnel, including patrol officers, 
                necessary for ensuring the safety and security of the 
                Amtrak network;
                    (C) analyzes workforce gaps and develops strategies 
                to address any such gaps;
                    (D) considers the risks identified by Amtrak's 
                triannual risk assessments;
                    (E) considers variables, including ridership 
                levels, miles of right-of-way, crime data, and 
                workload, that comparable passenger rail systems 
                consider in the development of the workforce plans of 
                such systems;
                    (F) includes collaboration or coordination with 
                local, State, tribal, and Federal agencies, and public 
                transportation agencies to support the safety and 
                security of the Amtrak network; and
                    (G) sets goals and performance metrics for the 
                Department and monitors and evaluates the Department's 
                progress toward such goals and metrics; and
            (2) assess and evaluate whether the deployment of Amtrak 
        Police Department personnel and contractors as of March 1, 
        2020, adequately mitigates risks and ensures the safety and 
        security of Amtrak passengers, employees, trains, stations, 
        facilities, and other infrastructure, including--
                    (A) whether there is an adequate number of civilian 
                and sworn personnel deployed across the Department's 6 
                geographic divisions, including patrol officers, 
                detectives, canine units, special operations unit, 
                strategic operations, intelligence, corporate security, 
                Office of Professional Responsibilities, and Office of 
                Chief of Police;
                    (B) whether patrol officers have an adequate 
                presence on trains and route segments, and in stations, 
                facilities, and other infrastructure;
                    (C) whether Amtrak Police Department personnel have 
                the tools and resources, including vehicles, 
                communication devices, and weapons, necessary for 
                performing their responsibilities; and
                    (D) the locations and positions occupied by Amtrak 
                Police Department contractors and the adequacy of their 
                training.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, 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 study. Such report shall include 
recommendations for improving the workforce planning process and the 
deployment of Amtrak Police Department personnel and resources.

SEC. 9211. AMTRAK FOOD AND BEVERAGE.

    (a) Amtrak Food and Beverage.--Section 24321 of title 49, United 
States Code, is amended to read as follows:
``Sec. 24321. Amtrak food and beverage
    ``(a) Ensuring Access to Food and Beverage Services.--
            ``(1) Access to services.--On all long-distance routes, 
        Amtrak shall ensure that all passengers who travel overnight on 
        such route shall have access to the food and beverage service 
        that is provided to sleeping car passengers on such route.
            ``(2) Statutory construction.--Nothing in this subsection 
        shall be construed to limit the authority of Amtrak to charge 
        passengers for any food and beverage services.
    ``(b) Food and Beverage Workforce.--
            ``(1) Workforce requirement.--Amtrak shall ensure that any 
        individual onboard a train who prepares food and beverages is 
        an Amtrak employee.
            ``(2) Savings clause.--No Amtrak employee holding a 
        position as of the date of enactment of the TRAIN Act may be 
        involuntarily separated because of any action taken by Amtrak 
        to implement this section, including any employees who are 
        furloughed as a result of the COVID-19 pandemic.
    ``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee 
holding a position as of the date of enactment of the Passenger Rail 
Reform and Investment Act of 2015 is involuntarily separated because of 
the development and implementation of the plan required by the 
amendments made by section 11207 of such Act.''.
    (b) Technical and Conforming Amendments.--
            (1) Analysis.--The item related to section 24321 in the 
        analysis for chapter 243 of title 49, United States Code, is 
        amended to read as follows:

``24321. Amtrak food and beverage.''.
            (2) Amtrak authority.--Section 24305(c)(4) of title 49, 
        United States Code, is amended by striking ``only if revenues 
        from the services each year at least equal the cost of 
        providing the services''.
            (3) Contracting out.--Section 121(c) of the Amtrak Reform 
        and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 
        2574) is amended by striking ``, other than work related to 
        food and beverage service,''.
    (c) Amtrak Food and Beverage Working Group.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, Amtrak shall establish a working 
        group (in this subsection referred to as the ``Working Group'') 
        to provide recommendations on Amtrak onboard food and beverage 
        services.
            (2) Membership.--The Working Group shall consist of 
        individuals representing--
                    (A) Amtrak;
                    (B) the labor organizations representing Amtrak 
                employees who prepare or provide onboard food and 
                beverage services; and
                    (C) nonprofit organizations representing Amtrak 
                passengers.
            (3) Recommendations.--
                    (A) In general.--The Working Group shall develop 
                recommendations to increase ridership and improve 
                customer satisfaction by--
                            (i) promoting collaboration and engagement 
                        between Amtrak, Amtrak passengers, and Amtrak 
                        employees preparing or providing onboard food 
                        and beverage services, prior to Amtrak 
                        implementing changes to onboard food and 
                        beverage services;
                            (ii) improving onboard food and beverage 
                        services; and
                            (iii) improving solicitation, reception, 
                        and consideration of passenger feedback 
                        regarding onboard food and beverage services.
                    (B) Considerations.--In developing the 
                recommendations under subparagraph (A), the Working 
                Group shall consider--
                            (i) the healthfulness of onboard food and 
                        beverages offered, including the ability of 
                        passengers to address dietary restrictions;
                            (ii) the preparation and delivery of 
                        onboard food and beverages;
                            (iii) the differing needs of passengers 
                        traveling on long-distance routes, State-
                        supported routes, and the Northeast Corridor;
                            (iv) Amtrak passenger survey data about the 
                        food and beverages offered on Amtrak trains; 
                        and
                            (v) any other issue the Working Group 
                        determines appropriate.
            (4) Reports.--
                    (A) Initial report.--Not later than 1 year after 
                the date on which the Working Group is established, the 
                Working Group shall submit to the Board of Directors of 
                Amtrak, 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 the recommendations 
                developed under paragraph (3).
                    (B) Subsequent report.--Not later than 30 days 
                after the date on which the Working Group submits the 
                report required under subparagraph (A), Amtrak 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 whether Amtrak agrees with the 
                recommendations of the Working Group and describing any 
                plans to implement such recommendations.
            (5) Prohibition on food and beverage service changes.--
        During the period beginning on the date of enactment of this 
        Act and ending 30 days after the date on which Amtrak submits 
        the report required under paragraph (4)(B), Amtrak may not make 
        changes to onboard food and beverage services, except that 
        Amtrak shall reverse any changes to onboard food and beverage 
        service made in response to the COVID-19 pandemic as Amtrak 
        service is restored.
            (6) Termination.--The Working Group shall terminate on the 
        date on which Amtrak submits the report required under 
        paragraph (4)(B), except that Amtrak may extend such date by up 
        to 1 year if Amtrak determines that the Working Group is 
        beneficial to Amtrak in making decisions related to onboard 
        food and beverage services. If Amtrak extends such date, Amtrak 
        shall include notification of the extension in the report 
        required under paragraph (4)(B).
            (7) Nonapplicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App) does not 
        apply to the Working Group established under this section.
            (8) Long-distance route; northeast corridor; and state-
        supported route defined.--In this subsection, the terms ``long-
        distance route'', ``Northeast Corridor'', and ``State-supported 
        route'' have the meaning given those terms in section 24102 of 
        title 49, United States Code.

SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT.

    Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 
U.S.C. 24312 note; 111 Stat. 2574) is amended by striking subsection 
(d) and inserting the following:
    ``(d) Furloughed Work.--Amtrak may not contract out work within the 
scope of work performed by an employee in a bargaining unit covered by 
a collective bargaining agreement entered into between Amtrak and an 
organization representing Amtrak employees during the period of time 
such employee has been laid off and has not been recalled to perform 
such work.
    ``(e) Agreement Prohibitions on Contracting Out.--This section does 
not authorize Amtrak to contract out work if the contracting out is 
prohibited by a collective bargaining agreement entered into between 
Amtrak and an organization representing Amtrak employees.''.

SEC. 9213. AMTRAK STAFFING.

    Section 24312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Call Center Staffing.--
            ``(1) Outsourcing.--Amtrak may not renew or enter into a 
        contract to outsource call center customer service work on 
        behalf of Amtrak, including through a business process 
        outsourcing group.
            ``(2) Training.--Amtrak shall make available training 
        programs to any Amtrak call center employee carrying out 
        customer service activities using telephone or internet 
        platforms.
    ``(d) Station Agent Staffing.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of the TRAIN Act, Amtrak shall 
        ensure that at least 1 Amtrak ticket agent is employed at each 
        station building--
                    ``(A) that Amtrak owns, or operates service 
                through, as part of a passenger service route; and
                    ``(B) for which the number of passengers boarding 
                or deboarding an Amtrak vehicle in fiscal year 2019 was 
                an average of at least 40 passengers per day over all 
                days in which the station was serviced by Amtrak, 
                regardless of the number of Amtrak vehicles servicing 
                the station per day.
            ``(2) Exception.--This subsection does not apply to any 
        station building in which a commuter rail ticket agent has the 
        authority to sell Amtrak tickets.''.

SEC. 9214. SPECIAL TRANSPORTATION.

    Section 24307(a) of title 49, United States Code, is amended--
            (1) in the matter preceding paragraph (1) by striking ``for 
        the following:'' and inserting ``of at least a 20 percent 
        discount on full-price rail fares for, at a minimum--'';
            (2) in paragraph (1) by striking the period at the end and 
        inserting a semicolon; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) individuals of 12 years of age or younger;
            ``(3) individuals with a disability, as such term is 
        defined in section 3 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12102);
            ``(4) members of the Armed Forces on active duty (as those 
        terms are defined in section 101 of title 10) and their spouses 
        and dependents with valid identification;
            ``(5) veterans (as that term is defined in section 101 of 
        title 38) with valid identification; and
            ``(6) individuals attending federally-accredited 
        postsecondary education institutions with valid student 
        identification cards.''.

SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24323. Disaster and emergency relief program
    ``(a) In General.--The Secretary of Transportation may make grants 
to Amtrak for--
            ``(1) capital projects to repair, reconstruct, or replace 
        equipment, infrastructure, stations, and other facilities that 
        the Secretary determines are in danger of suffering serious 
        damage, or have suffered serious damage, as a result of an 
        emergency event;
            ``(2) offset revenue lost as a result of such an event; and
            ``(3) support continued operations following emergency 
        events.
    ``(b) Coordination of Emergency Funds.--Funds made available to 
carry out this section shall be in addition to any other funds 
available and shall not affect the ability of Amtrak to use any other 
funds otherwise authorized by law.
    ``(c) Grant Conditions.--Grants made under this subsection (a) 
shall be subject to such terms and conditions as the Secretary 
determines necessary.
    ``(d) Definition of Emergency Event.--In this section, the term 
`emergency event' has the meaning given such term in section 20103.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is amended by adding at the end the following:

``24323. Disaster and emergency relief program.''.

SEC. 9216. RECREATIONAL TRAIL ACCESS.

    Section 24315 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(i) Recreational Trail Access.--At least 30 days before 
implementing a new policy, structure, or operation that affects 
recreational trail access, Amtrak shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
such policy, structure, or operation and recreational trail access 
affected. Such report shall include Amtrak's plans to mitigate the 
impact to such recreational trail access.''.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

SEC. 9301. NORTHEAST CORRIDOR COMMISSION.

    Section 24905 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A) by striking ``members'' and 
                inserting ``4 members'';
                    (B) in subparagraph (B) by striking ``members'' and 
                inserting ``5 members''; and
                    (C) in subparagraph (D) by striking ``and commuter 
                railroad carriers using the Northeast Corridor selected 
                by the Secretary'' and inserting ``railroad carriers 
                and commuter authorities using the Northeast Corridor, 
                as determined by the Commission'';
            (2) by striking paragraph (2) of subsection (a) and 
        inserting the following:
            ``(2) At least 2 of the members described in paragraph 
        (1)(B) shall be career appointees, as such term is defined in 
        section 3132(a) of title 5.'';
            (3) in subsection (b)(3)(B)--
                    (A) in clause (i) by inserting ``, including 
                ridership trends,'' before ``along the Northeast 
                Corridor'';
                    (B) in clause (ii) by striking ``capital investment 
                plan described in section 24904.'' and inserting 
                ``first year of the capital investment plan described 
                in section 24904; and''; and
                    (C) by adding at the end the following:
                            ``(iii) progress in assessing and 
                        eliminating the state-of-good-repair 
                        backlog.'';
            (4) in subsection (c)--
                    (A) by striking ``(1) Development'' and all that 
                follows through ``standardized policy'' and inserting 
                the following:
            ``(1) Policy.--The Commission shall--
                    ``(A) maintain and update, as appropriate, the 
                `Northeast Corridor Commuter and Intercity Rail Cost 
                Allocation Policy' approved on September 17, 2015,'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (B) by striking ``a 
                        proposed timetable for implementing'' and 
                        inserting ``timetables for implementing and 
                        maintaining'';
                            (ii) in subparagraph (C) by striking ``the 
                        policy and the timetable'' and inserting 
                        ``updates to the policy and the timetables''; 
                        and
                            (iii) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) support the efforts of the members of the 
                Commission to implement the policy in accordance with 
                such timetables; and'';
                    (C) in paragraph (2)--
                            (i) by striking the first sentence and 
                        inserting ``In accordance with the timetable 
                        developed in paragraph (1), Amtrak and commuter 
                        authorities on the Northeast Corridor shall 
                        implement the policy developed under paragraph 
                        (1) in agreements for usage of facilities or 
                        services.'';
                            (ii) by striking ``fail to implement such 
                        new agreements'' and inserting ``fail to 
                        implement the policy''; and
                            (iii) by striking ``paragraph (1)(A), as 
                        applicable'' and inserting ``paragraph (1)''; 
                        and
                    (D) in paragraph (4) by striking ``public 
                authorities providing commuter rail passenger 
                transportation'' and inserting ``commuter 
                authorities'';
            (5) by striking subsection (d);
            (6) by redesignating subsection (e) as subsection (d); and
            (7) in paragraph (1)(D) of subsection (d) (as redesignated 
        by paragraph (6)) by striking ``commuter rail agencies'' and 
        inserting ``commuter authorities''.

SEC. 9302. NORTHEAST CORRIDOR PLANNING.

    (a) In General.--Section 24904 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (e) as subsection (f);
            (2) by striking subsection (c);
            (3) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively;
            (4) by inserting before subsection (b), as so redesignated, 
        the following:
    ``(a) Strategic Development Plan.--
            ``(1) Requirement.--Not later than December 31, 2021, the 
        Northeast Corridor Commission established under section 24905 
        (referred to in this section as the `Commission') shall submit 
        to Congress a strategic development plan that identifies key 
        state-of-good-repair, capacity expansion, and capital 
        improvement projects planned for the Northeast Corridor, to 
        upgrade aging infrastructure and improve the reliability, 
        capacity, connectivity, performance, and resiliency of 
        passenger rail service on the Northeast Corridor.
            ``(2) Contents.--The strategic development plan required 
        under paragraph (1) shall--
                    ``(A) provide a coordinated and consensus-based 
                plan covering a period of 15 years;
                    ``(B) identify service objectives and capital 
                investments needs;
                    ``(C) provide a delivery-constrained strategy that 
                identifies capital investment phasing, an evaluation of 
                workforce needs, and strategies for managing resources 
                and mitigating construction impacts on operations;
                    ``(D) include a financial strategy that identifies 
                funding needs and potential sources and includes an 
                economic impact analysis; and
                    ``(E) be updated at least every 5 years.'';
            (5) in subsection (b) (as redesignated by paragraph (3))--
                    (A) by striking ``Not later than'' and all that 
                follows through ``shall'' and inserting ``Not later 
                than November 1 of each year, the Commission shall'';
                    (B) in paragraph (1)(A) by striking ``a capital 
                investment plan'' and inserting ``an annual capital 
                investment plan'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``and 
                        network optimization'';
                            (ii) in subparagraph (B) by striking ``and 
                        service'';
                            (iii) in subparagraph (C) by striking 
                        ``first fiscal year after the date on which'' 
                        and inserting ``fiscal year during which'';
                            (iv) in subparagraph (D) by striking 
                        ``identify, prioritize,'' and all that follows 
                        through ``and consider'' and inserting 
                        ``document the projects and programs being 
                        undertaken to achieve the service outcomes 
                        identified in the Northeast Corridor strategic 
                        development plan, once available, and the asset 
                        condition needs identified in the Northeast 
                        Corridor asset management plans and consider''; 
                        and
                            (v) in subparagraph (E)(i) by striking 
                        ``normalized capital replacement and''; and
                    (D) in paragraph (3)(B) by striking ``expected 
                allocated shares of costs'' and inserting ``status of 
                cost sharing agreements'';
            (6) in subsection (c) (as redesignated by paragraph (3)) by 
        striking ``may be spent only on'' and all that follows through 
        the end and inserting ``may be spent only on capital projects 
        and programs contained in the Commission's capital investment 
        plan from the previous year.''; and
            (7) by striking subsections (d) and (e) and inserting the 
        following:
    ``(d) Review and Coordination.--The Commission shall gather 
information from Amtrak, the States in which the Northeast Corridor is 
located, and commuter rail authorities to support development of the 
capital investment plan. The Commission may specify a format and other 
criteria for the information submitted. Submissions to the plan from 
Amtrak, States in which the Northeast Corridor are located, and 
commuter rail authorities shall be provided to the Commission in a 
manner that allows for a reasonable period of review by, and 
coordination with, affected agencies.
    ``(e) Northeast Corridor Asset Management.--
            ``(1) Contents.--With regard to existing infrastructure, 
        Amtrak and other infrastructure owners that provide or support 
        intercity rail passenger transportation on the Northeast 
        Corridor shall develop an asset management system, and use and 
        update such system as necessary, to develop submissions to the 
        Northeast Corridor capital investment plan described in 
        subsection (b). Such system shall--
                    ``(A) be consistent with the Federal Transit 
                Administration process, as authorized under section 
                5326, when implemented; and
                    ``(B) include, at a minimum--
                            ``(i) an inventory of all capital assets 
                        owned by the developer of the plan;
                            ``(ii) an assessment of asset condition;
                            ``(iii) a description of the resources and 
                        processes necessary to bring or maintain those 
                        assets in a state of good repair; and
                            ``(iv) a description of changes in asset 
                        condition since the previous version of the 
                        plan.''.
    (b) Conforming Amendments.--
            (1) Accounts.--Section 24317(d)(1) of title 49, United 
        States Code, is amended--
                    (A) in subparagraph (B) by striking 
                ``24904(a)(2)(E)'' and inserting ``24904(b)(2)(E)''; 
                and
                    (B) in subparagraph (F) by striking ``24904(b)'' 
                and inserting ``24904(c)''.
            (2) Federal-state partnership for state of good repair.--
        Section 24911(e)(2) of title 49, United States Code, is amended 
        by striking ``24904(a)'' and inserting ``24904(b)''.

SEC. 9303. PROTECTIVE ARRANGEMENTS.

    Section 22905 of title 49, United States Code, is amended--
            (1) in subsection (c)(2)(B) by striking ``that are 
        equivalent to the protective arrangements established under 
        section 504 of the Railroad Revitalization and Regulatory 
        Reform Act of 1976 (45 U.S.C. 836)'' and inserting 
        ``established by the Secretary under subsection (e)(1)'';
            (2) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (3) by inserting after subsection (d) the following:
    ``(e) Equivalent Employee Protections.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of this subsection, the Administrator of the 
        Federal Railroad Administration shall establish protective 
        arrangements equivalent to those established under section 504 
        of the Railroad Revitalization and Regulatory Reform Act of 
        1976 (45 U.S.C. 836), and require such protective arrangements 
        to apply to employees described under subsection (c)(2)(B) and 
        as required under subsection (l) of section 22907.
            ``(2) Publication.--The Administrator shall make available 
        on a publicly available website the protective arrangements 
        established under paragraph (1).''.

SEC. 9304. HIGH-SPEED RAIL FUNDS.

    (a) In General.--Notwithstanding any other provision of law and not 
later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation shall reinstate any cooperative agreement 
terminated after January 1, 2019 that was originally entered into under 
the heading ``Capital Assistance for High Speed Rail Corridors and 
Intercity Passenger Rail Service'' in the Department of Transportation 
Appropriations Act, 2010 (Public Law 111-117).
    (b) Inclusion.--The reinstatement under subsection (a) shall 
include the obligation to such agreement of all of the funds obligated 
to such agreement as of the date of termination of such agreement.

                     TITLE IV--COMMUTER RAIL POLICY

SEC. 9401. SURFACE TRANSPORTATION BOARD MEDIATION OF TRACKAGE USE 
              REQUESTS.

    Section 28502 of title 49, United States Code, is amended to read 
as follows:
``Sec. 28502. Surface Transportation Board mediation of trackage use 
              requests
    ``A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to trackage and provision of related 
services. If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a rail carrier to 
use trackage of, and have related services provided by, the rail 
carrier for purposes of commuter rail passenger transportation, the 
public transportation authority or the rail carrier may apply to the 
Board for nonbinding mediation. The Board shall conduct the nonbinding 
mediation in accordance with the mediation process of section 1109.4 of 
title 49, Code of Federal Regulations, as in effect on the date of 
enactment of the TRAIN Act.''.

SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION OF RIGHTS-OF-WAY USE 
              REQUESTS.

    Section 28503 of title 49, United States Code, is amended to read 
as follows:
``Sec. 28503. Surface Transportation Board mediation of rights-of-way 
              use requests
    ``A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to rail right-of-way for the construction and 
operation of a segregated fixed guideway facility. If, after a 
reasonable period of negotiation, a public transportation authority 
cannot reach agreement with a rail carrier to acquire an interest in a 
railroad right-of-way for the construction and operation of a 
segregated fixed guideway facility to provide commuter rail passenger 
transportation, the public transportation authority or the rail carrier 
may apply to the Board for nonbinding mediation. The Board shall 
conduct the nonbinding mediation in accordance with the mediation 
process of section 1109.4 of title 49, Code of Federal Regulations, as 
in effect on the date of enactment of the TRAIN Act.''.

                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

SEC. 9501. NATIONAL ACADEMIES STUDY ON SAFETY IMPACT OF TRAINS LONGER 
              THAN 7,500 FEET.

    (a) Study.--The Secretary of Transportation shall seek to enter 
into an agreement with the National Academies to conduct a study and 
issue 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 safety impacts of freight 
trains longer than 7,500 feet.
    (b) Contents.--The study conducted pursuant to subsection (a) shall 
include--
            (1) an examination of any potential risks of the operation 
        of such trains and recommendations on mitigation of such risks;
            (2) among other safety factors with respect to such trains, 
        an evaluation of--
                    (A) any increased risk of loss of communications 
                between the end of train device and the locomotive cab, 
                including communications over differing terrains and 
                conditions;
                    (B) any increased risk of loss of communications 
                between crewmembers, including communications over 
                differing terrains and conditions;
                    (C) any increased risk of derailments, including 
                risks associated with in-train compressive forces and 
                slack action or other safety risks in the operations of 
                such trains in differing terrains and conditions;
                    (D) safety risks associated with the deployment of 
                multiple distributed power units in the consists of 
                such trains; and
                    (E) impacts of the length of trains on braking and 
                locomotive performance and track wear and tear; and
            (3) an evaluation of whether additional engineer and 
        conductor training is required for safely operating such 
        trains.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study.
    (d) Funding.--From the amounts made available for fiscal year 2021 
to carry out section 20117(a) of title 49, United States Code, the 
Secretary shall expend not less than $1,000,000 and not more than 
$2,000,000 to carry out the study required under subsection (a).

SEC. 9502. GAO STUDY ON CHANGES IN FREIGHT RAILROAD OPERATING AND 
              SCHEDULING PRACTICES.

    (a) Study.--The Comptroller General of the United States shall 
study the impact on freight rail shippers, Amtrak, commuter railroads, 
railroad employees, and other affected parties of changes in freight 
railroad operating and scheduling practices as a result of the 
implementation of the precision scheduled railroading model.
    (b) Contents.--At minimum, the study shall examine--
            (1) the impacts of the operation of longer trains;
            (2) safety impacts of reduction in workforce, including 
        occupational injury rates, impacts to inspection frequencies 
        and repair quality, and changes in workforce demands;
            (3) the elimination or downsizing of yards, repair 
        facilities, and other operational facilities;
            (4) increases in demurrage or accessorial charges or other 
        costs to shippers;
            (5) capital expenditures for rail infrastructure; and
            (6) the effect of changes to dispatching practices and 
        locations of dispatching centers on--
                    (A) the on-time performance of passenger trains, 
                and
                    (B) the quality and reliability of service to 
                freight shippers.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, 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 summarizing the study and the results of such study, including 
recommendations for addressing any negative impacts of precision 
scheduled railroading on freight shippers or passenger railroads.

SEC. 9503. FRA SAFETY REPORTING.

    (a) In General.--Section 20901 of title 49, United States Code, is 
amended by inserting ``(including the train length, the number of crew 
members on board the train, and the duties of such crew members)'' 
after ``reported accident or incident''.
    (b) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to carry out the amendment made by 
subsection (a).

SEC. 9504. WAIVER NOTICE REQUIREMENTS.

    Section 20103(d) of title 49, United States Code, is amended to 
read as follows:
    ``(d) Nonemergency Waivers.--
            ``(1) In general.--The Secretary may waive compliance with 
        any part of a regulation prescribed or order issued under this 
        chapter if the waiver is in the public interest and consistent 
        with railroad safety.
            ``(2) Notice required.--The Secretary shall--
                    ``(A) provide timely public notice of any request 
                for a waiver under this subsection;
                    ``(B) make the application for such waiver and any 
                related underlying data available to interested 
                parties;
                    ``(C) provide the public with notice and a 
                reasonable opportunity to comment on a proposed waiver 
                under this subsection before making a final decision; 
                and
                    ``(D) make public the reasons for granting a waiver 
                under this subsection.
            ``(3) Information protection.--Nothing in this subsection 
        shall be construed to require the release of information 
        protected by law from public disclosure.''.

SEC. 9505. NOTICE OF FRA COMPREHENSIVE SAFETY ASSESSMENTS.

    (a) Initial Notice.--Not later than 10 business days after the 
Federal Railroad Administration initiates a comprehensive safety 
assessment of an entity providing regularly scheduled intercity or 
commuter rail passenger transportation, the Federal Railroad 
Administration shall notify in electronic format the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate, 
and each member of Congress representing a State in which the service 
that is the subject of the assessment being conducted is located, of 
the initiation of such assessment.
    (b) Findings.--Not later than 90 days after completion of a 
comprehensive safety assessment described in subsection (a), the 
Federal Railroad Administration shall transmit in electronic format to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and to each member of Congress 
representing a State in which the service that is the subject of the 
assessment being conducted is located, the findings of such assessment, 
including identified defects and any recommendations.
    (c) Definition of Comprehensive Safety Assessment.--In this 
section, the term ``comprehensive safety assessment'' means a focused 
review of the safety-related processes and procedures, compliance with 
safety regulations and requirements, and overall safety culture of an 
entity providing regularly scheduled intercity or commuter rail 
passenger transportation.

SEC. 9506. FRA ACCIDENT AND INCIDENT INVESTIGATIONS.

    Section 20902 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking ``subpena'' and inserting 
        ``subpoena''; and
            (2) by adding at the end the following:
    ``(d) Gathering Information and Technical Expertise.--
            ``(1) In general.--The Secretary shall create a standard 
        process for investigators to use during accident and incident 
        investigations conducted under this section for determining 
        when it is appropriate to, and how to--
                    ``(A) gather information about an accident or 
                incident under investigation from railroad carriers, 
                contractors or employees of railroad carriers or 
                representatives of employees of railroad carriers, and 
                others, as determined relevant by the Secretary; and
                    ``(B) consult with railroad carriers, contractors 
                or employees of railroad carriers or representatives of 
                employees of railroad carriers, and others, as 
                determined relevant by the Secretary, for technical 
                expertise on the facts of the accident or incident 
                under investigation.
            ``(2) Confidentiality.--In developing the process under 
        paragraph (1), the Secretary shall factor in ways to maintain 
        the confidentiality of any entity identified under paragraph 
        (1) if--
                    ``(A) such entity requests confidentiality;
                    ``(B) such entity was not involved in the accident 
                or incident; and
                    ``(C) maintaining such entity's confidentiality 
                does not adversely affect an investigation of the 
                Federal Railroad Administration.
            ``(3) Application of law.--This subsection shall not apply 
        to any investigation carried out by the National Transportation 
        Safety Board.''.

SEC. 9507. RAIL SAFETY IMPROVEMENTS.

    (a) Federal Railroad Administration Requirements.--Not later than 
18 months after the date of enactment of this Act, the Secretary of 
Transportation shall carry out the following:
            (1) Complete a study on how signage can be used to improve 
        safety in the rail industry that includes--
                    (A) a review of how signs used for other modes of 
                transportation may be effectively used in the rail 
                industry;
                    (B) a review of how signs used in the railroad 
                industry differ; and
                    (C) an analysis of whether a uniform system for 
                speed signs across the United States rail system would 
                benefit the railroad industry and improve safety.
            (2) Reevaluate seat securement mechanisms and the 
        susceptibility of such mechanisms to inadvertent rotation, and 
        identify a means to prevent the failure of such mechanisms to 
        maintain seat securement.
            (3) Conduct research to evaluate the causes of passenger 
        injuries in passenger railcar derailments and overturns and 
        evaluate potential methods for mitigating such injuries.
            (4) Based on the research conducted under paragraph (3), 
        develop occupant protection standards for passenger railcars 
        that will mitigate passenger injuries likely to occur during 
        derailments and overturns.
            (5) Develop policies for the safe use of child seats to 
        prevent uncontrolled or unexpected movements in intercity 
        passenger trains from disrupting the secure position of such 
        seats.
    (b) Requirements for Amtrak.--Not later than 18 months after the 
date of enactment of this Act, Amtrak shall--
            (1) ensure operating crewmembers demonstrate proficiency, 
        under daylight and nighttime conditions, on the physical 
        characteristics of a territory by using all resources 
        available, including in-cab instruments, observation rides, 
        throttle time, signage, signals, and landmarks;
            (2) ensure the proficiency required under paragraph (1) is 
        demonstrated on written examinations;
            (3) revise classroom and road training programs to ensure 
        that operating crews fully understand all locomotive operating 
        characteristics, alarms, and the appropriate response to 
        abnormal conditions;
            (4) require that all engineers undergo simulator training 
        before operating new or unfamiliar equipment (at a minimum, 
        experience and respond properly to all alarms), and when 
        possible, undergo simulator training to experience normal and 
        abnormal conditions on new territory before operating in 
        revenue service on such new territory;
            (5) ensure that simulator training specified in paragraph 
        (4) supplements the hours engineers spend training on new 
        equipment before becoming certified on such equipment and 
        performing runs on new territory before becoming qualified on 
        such territory;
            (6) implement a formal, systematic approach to developing 
        training and qualification programs to identify the most 
        effective strategies for preparing crewmembers to safely 
        operate new equipment on new territories;
            (7) work with host railroads and States that own 
        infrastructure over which Amtrak operates to complete a 
        comprehensive assessment of the territories to ensure that 
        necessary wayside signs and plaques are identified, highly 
        noticeable, and strategically located to provide operating 
        crews the information needed to safely operate trains;
            (8) update the safety review process to ensure that all 
        operating documents are up to date and accurate before 
        initiating new or revised revenue operations;
            (9) incorporate all prerevenue service planning, 
        construction, and route verification work into the scope of a 
        corporate-wide system safety plan, including through rules and 
        policies, risk assessment analyses, safety assurances, and 
        safety promotions; and
            (10) conduct risk assessments on all new or upgraded 
        services that occur on Amtrak-owned territory, host railroads, 
        or in States that own infrastructure over which Amtrak 
        operates.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary and Amtrak 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 their progress on meeting the requirements under subsections 
(a) and (b), respectively, including a description of all completed 
elements of the requirements.

SEC. 9508. ANNUAL REVIEW OF SPEED LIMIT ACTION PLANS.

    Section 11406 of the FAST Act (Public Law 114-94) is amended--
            (1) in subsection (c) by inserting ``or subsection (d)(2)'' 
        after ``subsection (b)'';
            (2) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) Periodic Reviews and Updates.--Each railroad carrier that 
files an action plan under subsection (b) shall--
            ``(1) not later than 1 year after the date of enactment of 
        the TRAIN Act, and annually thereafter, review such plan to 
        ensure the effectiveness of actions taken to enable warning and 
        enforcement of the maximum authorized speed for passenger 
        trains at each location identified under subsection (b)(1); and
            ``(2) not later than 90 days prior to implementing any 
        operational or territorial operating change, including 
        initiating a new service or route, submit to the Secretary a 
        revised action plan that addresses such operational or 
        territorial operating change.''; and
            (4) by adding at the end the following:
    ``(h) Prohibition.--No new intercity rail passenger transportation 
or commuter rail passenger service may begin operation unless the 
railroad carrier providing such service is in compliance with this 
section.''.

SEC. 9509. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 20169. Freight train crew size safety standards
    ``(a) Minimum Crew Size.--No freight train may be operated unless 
such train has a crew of at least 1 appropriately qualified and 
certified conductor and 1 appropriately qualified and certified 
engineer.
    ``(b) Exceptions.--Except as provided in subsection (d), the 
prohibition in subsection (a) shall not apply in the following 
circumstances:
            ``(1) Train operations within a rail yard or terminal area 
        or on auxiliary or industry tracks.
            ``(2) A train operated--
                    ``(A) by a railroad carrier that has fewer than 
                400,000 total employee work hours annually and less 
                than $20,000,000 annual revenue;
                    ``(B) at a speed of not more than 25 miles per 
                hour; and
                    ``(C) on a track with an average track grade of 
                less than 2 percent for any segment of track that is at 
                least 2 continuous miles.
            ``(3) Locomotives performing assistance to a train that has 
        incurred mechanical failure or lacks the power to traverse 
        difficult terrain, including traveling to or from the location 
        where assistance is provided.
            ``(4) Locomotives that--
                    ``(A) are not attached to any equipment or attached 
                only to a caboose; and
                    ``(B) do not travel farther than 30 miles from a 
                rail yard.
            ``(5) Train operations staffed with fewer than a 2-person 
        crew at least 1 year prior to the date of enactment of this 
        section, if the Secretary determines that the operation 
        achieves an equivalent level of safety.
    ``(c) Trains Ineligible for Exception.--The exceptions under 
subsection (b) may not be applied to--
            ``(1) a train transporting 1 or more loaded cars carrying 
        material toxic by inhalation, as defined in section 171.8 of 
        title 49, Code of Federal Regulations;
            ``(2) a train carrying 20 or more loaded tank cars of a 
        Class 2 material or a Class 3 flammable liquid in a continuous 
        block or a single train carrying 35 or more loaded tank cars of 
        a Class 2 material or a Class 3 flammable liquid throughout the 
        train consist; and
            ``(3) a train with a total length of 7,500 feet or greater.
    ``(d) Waiver.--A railroad carrier may seek a waiver of the 
requirements of this section pursuant to section 20103(d).''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is amended by adding at the end 
the following:

``20169. Freight train crew size safety standards.''.

SEC. 9510. SAFE CROSS BORDER OPERATIONS.

    (a) In General.--Section 416 title IV of division A of the Rail 
Safety Improvement Act of 2008 (49 U.S.C. 20107 note) is amended--
            (1) by striking ``Mechanical and brake'' and inserting 
        ``(a) In General.--Mechanical and brake''; and
            (2) by adding at the end the following:
    ``(b) Waiver.--The Secretary may not grant any waiver or waiver 
modification that provides for the ability to perform mechanical or 
brake inspections of rail cars in Mexico in lieu of complying with the 
certification requirements of this section.''.
    (b) Safety Standards for Certain Rail Crews.--
            (1) In general.--Title IV of division A of the Rail Safety 
        Improvement Act of 2008 (Public Law 110-432) is amended by 
        adding at the end the following:

``SEC. 421. SAFETY STANDARDS FOR CERTAIN RAIL CREWS.

    ``(a) In General.--The Secretary of Transportation may not permit 
covered rail employees to enter the United States to perform train or 
dispatching service unless the Secretary certifies that--
            ``(1) Mexico has adopted and is enforcing safety standards 
        for covered rail employees that are equivalent to, or greater 
        than, those applicable to railroad employees whose primary 
        reporting point is in the United States, including 
        qualification and certification requirements under parts 240 
        and 242 of title 49, Code of Federal Regulations;
            ``(2) covered rail employees are subject to the alcohol and 
        drug testing requirements in part 219 of title 49, Code of 
        Federal Regulations, including the requirements of subparts F, 
        G, and H of such part, to the same extent as such requirements 
        apply to railroad employees whose primary reporting point is in 
        the United States and who are subject to such part;
            ``(3) covered rail employees are subject to hours of 
        service requirements under section 21103 of title 49, United 
        States Code, at all times any such employee is on duty, 
        regardless of location;
            ``(4) covered rail employees are subject to the motor 
        vehicle driving record evaluation requirements in section 
        240.115 of title 49, Code of Federal Regulations, to the same 
        extent as such requirements apply to railroad employees whose 
        primary reporting point is in the United States and are subject 
        to such section, and that such evaluation includes driving 
        records from the same country as the employee's primary 
        reporting point; and
            ``(5) the Federal Railroad Administration is permitted to 
        perform onsite inspections of rail facilities in Mexico to 
        ensure compliance with paragraphs (1) and (2).
    ``(b) Notice Required.--
            ``(1) In general.--Not later than 5 days after the date on 
        which the Secretary certifies each of the requirements under 
        paragraphs (1) through (5) of subsection (a), the Secretary 
        shall publish in the Federal Register--
                    ``(A) notice of each such certification; and
                    ``(B) documentation supporting each such 
                certification.
            ``(2) Public comment.--To ensure compliance with the 
        requirements of this section and any other applicable safety 
        requirements, the Secretary shall--
                    ``(A) allow for public comment on the notice 
                required under paragraph (1); and
                    ``(B) hold a public hearing on such notice.
            ``(3) Congressional notice.--On the date on which each 
        publication required under paragraph (1) is published in the 
        Federal Register, the Secretary shall notify the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate of such publication.
    ``(c) Drug and Alcohol Testing.--
            ``(1) Nonapplication of exemption.--For purposes of 
        compliance with subsection (a)(2), the exemption contained in 
        part 219.3(d)(2) of title 49, Code of Federal Regulations, 
        shall not apply.
            ``(2) Audit by office of drug and alcohol compliance.--To 
        ensure compliance with the drug and alcohol testing programs 
        described in subsection (a)(2), the Office of Drug and Alcohol 
        Compliance in the Department of Transportation shall conduct an 
        annual audit of such programs and recommend enforcement actions 
        as needed.
    ``(d) Definition of Covered Rail Employee.--In this section, the 
term `covered rail employee' means a railroad employee whose primary 
reporting point is in Mexico.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the Rail Safety Improvement Act of 2008 (Public Law 
        110-432), is amended by inserting after the item relating to 
        section 420 the following:

``Sec. 421. Safety standards for certain rail crews.''.

SEC. 9511. YARDMASTERS HOURS OF SERVICE.

    (a) Limitations on Duty Hours of Yardmaster Employees.--Section 
21103 of title 49, United States Code, is amended--
            (1) in the section heading by inserting ``and yardmaster 
        employees'' after ``train employees'';
            (2) by inserting ``or yardmaster employee'' after ``train 
        employee'' each place it appears; and
            (3) in subsection (e) by inserting ``or yardmaster 
        employee's'' after ``During a train employee's''.
    (b) Definitions.--Section 21101 of title 49, United States Code, is 
amended--
            (1) in paragraph (3) by inserting ``a yardmaster 
        employee,'' after ``dispatching service employee,''; and
            (2) by adding at the end the following:
                    ``(6) `yardmaster employee' means an individual 
                responsible for supervising and coordinating the 
                control of trains and engines operating within a rail 
                yard.''.
    (c) Conforming Amendment.--The analysis for chapter 211 of title 
49, United States Code, is amended by striking the item relating to 
section 21103 and inserting the following:

``21103. Limitations on duty hours of train employees and yardmaster 
                            employees.''.

SEC. 9512. LEAKING BRAKES.

    The Administrator of the Federal Railroad Administration shall take 
such actions as are necessary to ensure that no DB-60 air brake control 
valve manufactured before January 1, 2006, is equipped on a rail car 
operating on--
            (1) a unit train north of the 37th parallel on or after 
        August 1, 2022; or
            (2) a non-unit train north of the 37th parallel on or after 
        August 1, 2024.

SEC. 9513. ANNUAL REPORT ON PTC SYSTEM FAILURES.

    Section 20157 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(m) Annual Report of System Failures.--Not later than April 16 of 
each calendar year following the date of an implementation deadline 
under subsection (a)(1), each railroad shall submit to the Secretary a 
report containing the number of positive train control system failures, 
separated by each major hardware category, that occurred during the 
previous calendar year.''.

SEC. 9514. FATIGUE REDUCTION PILOT PROJECTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) maintaining the highest level of safety across the 
        nation's railroad network is of critical importance;
            (2) ensuring the safety of rail transportation requires the 
        full attention of all workers engaged in safety-critical 
        functions;
            (3) fatigue degrades an individual's ability to stay awake, 
        alert, and attentive to the demands of safe job performance;
            (4) the cognitive impairments to railroad workers that 
        result from fatigue can cause dangerous situations that put 
        workers and communities at risk;
            (5) the Rail Safety Improvement Act of 2008 mandated that 
        the Federal Railroad Administration conduct two pilot projects 
        to analyze specific practices that may be used to reduce 
        fatigue in employees and as of the date of enactment of this 
        Act, neither pilot project has commenced; and
            (6) the Federal Railroad Administration should coordinate 
        with the industry and the workforce to commence and complete 
        the fatigue pilot projects mandated in 2008.
    (b) Pilot Projects.--Section 21109(e) of title 49, United States 
Code, is amended--
            (1) by striking ``Not later than 2 years after the date of 
        enactment of the Rail Safety Improvement Act of 2008'' and 
        inserting ``Not later than 1 year after the date of enactment 
        of the TRAIN Act''; and
            (2) by adding at the end the following:
            ``(3) Coordination.--The pilot projects required under 
        subparagraph (1) shall be developed and evaluated in 
        coordination with the labor organization representing the class 
        or craft of employees impacted by the pilot projects.''.
    (c) Reimbursement.--The Secretary of Transportation may reimburse 
railroads participating in the pilot projects under 21109(e) of title 
49, United States Code, a share of the costs associated with the pilot 
projects, as determined by the Secretary.
    (d) Report.--
            (1) In general.--If the pilot projects required under 
        section 21109(e) of title 49, United States Code, have not 
        commenced on the date that is 1 year after the date of 
        enactment of this Act, the Secretary shall, not later than 1 
        year and 30 days after the date of enactment of this Act, 
        transmit 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--
                    (A) the status of the pilot projects;
                    (B) actions the Federal Railroad Administration has 
                taken to commence the pilot projects, including efforts 
                to recruit participant railroads;
                    (C) any challenges impacting the commencement of 
                the pilot projects; and
                    (D) any other details associated with the 
                development of the pilot projects that affect the 
                progress toward meeting the mandate of such section.

SEC. 9515. ASSAULT PREVENTION AND RESPONSE PLANS.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20170. Assault prevention and response plans
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, any entity that provides regularly 
scheduled intercity or commuter rail passenger transportation shall 
submit to the Secretary of Transportation for review and approval an 
assault prevention and response plan (in this section referred to as 
the `Plan') to address transportation assaults.
    ``(b) Contents of Plan.--The Plan required under subsection (a) 
shall include--
            ``(1) procedures that--
                    ``(A) facilitate the reporting of a transportation 
                assault, including the notification of on-site 
                personnel, rail law enforcement, and local law 
                enforcement;
                    ``(B) personnel should follow up on the reporting 
                of a transportation assault, including actions to 
                protect affected individuals from continued assault;
                    ``(C) may be taken to remove the passenger or 
                personnel who has committed a transportation assault 
                from the train or related area or facility as soon as 
                practicable when appropriate;
                    ``(D) include protections and safe reporting 
                practices for passengers who may have been assaulted by 
                personnel; and
                    ``(E) may limit or prohibit, to the extent 
                practicable, future travel with the entity described in 
                subsection (a) by any passenger or personnel who 
                commits a transportation assault against personnel or 
                passengers;
            ``(2) a policy that ensures an employee who is a victim or 
        witness of a transportation assault may participate in the 
        prosecution of a criminal offense of such assault without any 
        adverse effect on the victim's or witnesses' employment status; 
        and
            ``(3) a process and timeline for conducting an annual 
        review and update of the Plan.
    ``(c) Notice to Passengers.--An entity described under subsection 
(a) shall display onboard trains and in boarding areas, as appropriate, 
a notice stating the entity's abilities to restrict future travel under 
subsection (b)(1)(E).
    ``(d) Personnel Training.--An entity described under subsection (a) 
shall provide initial and annual training for all personnel on the 
contents of the Plan, including training regarding--
            ``(1) the procedures described in subsection (b);
            ``(2) methods for responding to hostile situations, 
        including de-escalation training; and
            ``(3) rights and responsibilities of personnel with respect 
        to a transportation assault on themselves, other personnel, or 
        passengers.
    ``(e) Personnel Participation.--The Plan required under subsection 
(a) shall be developed and implemented with the direct participation of 
personnel, and, as applicable, labor organizations representing 
personnel.
    ``(f) Reporting.--
            ``(1) Incident notification.--
                    ``(A) In general.--Not later than 10 days after a 
                transportation assault incident, the applicable entity 
                described in subsection (a) shall notify personnel 
                employed at the location in which the incident 
                occurred. In the case of an incident on a vehicle, such 
                entity shall notify personnel regularly scheduled to 
                carry out employment activities on the service route on 
                which the incident occurred.
                    ``(B) Content of incident report.--The notification 
                required under paragraph (1) shall--
                            ``(i) include a summary of the incident; 
                        and
                            ``(ii) be written in a manner that protects 
                        the confidentiality of individuals involved in 
                        the incident.
            ``(2) Annual report.--For each calendar year, each entity 
        with respect to which a transportation assault incident has 
        been reported during such year shall submit to the Secretary 
        report that describes--
                    ``(A) the number of assault incidents reported to 
                the entity, including--
                            ``(i) the number of incidents committed 
                        against passengers; and
                            ``(ii) the number of incidents committed 
                        against personnel; and
                    ``(B) the number of assault incidents reported to 
                rail or local law enforcement by personnel of the 
                entity.
            ``(3) Publication.--The Secretary shall make available to 
        the public on the primary website of the Federal Railroad 
        Administration the data collected under paragraph (2).
            ``(4) Data protection.--Data made available under this 
        subsection shall be made available in a manner that protects 
        the confidentiality of individuals involved in transportation 
        assault incidents.
    ``(g) Definition of Transportation Assault.--In this section, the 
term `transportation assault' means the occurrence, or reasonably 
suspected occurrence, of an act that--
            ``(1) constitutes assault;
            ``(2) is committed by a passenger or member of personnel of 
        an entity that provides regularly scheduled intercity or 
        commuter rail passenger transportation against another 
        passenger or member of personnel of such entity; and
            ``(3) takes place--
                    ``(A) within a vehicle of such entity; or
                    ``(B) in an area in which passengers are entering 
                or exiting a vehicle described in subparagraph (A); or
                    ``(C) a station or facility where such entity 
                operates, regardless of ownership of the station or 
                facility.''.
    (b) Conforming Amendment.--The analysis for subchapter II of 
chapter 201 of title 49, United States Code, as amended by this 
division, is further amended by adding at the end the following:

``20170. Assault prevention and response plan.''.

SEC. 9516. CRITICAL INCIDENT STRESS PLANS.

    The Secretary of Transportation shall issue such regulations as are 
necessary to amend part 272 of title 49, Code of Federal Regulations, 
to ensure that--
            (1) the coverage of a critical incident stress plan under 
        section 272.7 of such part includes employees of commuter 
        railroads and intercity passenger railroads, as such terms are 
        defined in section 272.9 of such part, who directly interact 
        with passengers; and
            (2) assault and the witnessing of an assault against an 
        employee or train passenger is included in the definition of 
        critical incident under section 272.9 of such part.

SEC. 9517. STUDY ON SAFETY CULTURE ASSESSMENTS.

    (a) In General.--The Administrator of the Federal Railroad 
Administration shall conduct a study on the feasibility of expanding 
railroad safety culture assessments and training to include assessments 
and training for workers employed by tourist railroads, passenger 
railroads, and commuter railroads.
    (b) Contents of Study.--The study required under subsection (a) 
shall include--
            (1) an analysis on the need for the expansion;
            (2) the resources required to carry out the additional 
        assessments and training; and
            (3) other potential safety challenges the initiative could 
        address.
    (c) Report.--The Federal Railroad Administration 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 
conducted under subsection (a).

                   Subtitle B--Grade Crossing Safety

SEC. 9551. GRADE CROSSING SEPARATION GRANT.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20171. Grade crossing separation grants
    ``(a) General Authority.--The Secretary of Transportation shall 
make grants under this section to eligible entities to assist in 
financing the cost of highway-rail grade separation projects.
    ``(b) Application Requirements.--To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary an 
application in such form, in such manner, and containing such 
information as the Secretary may require, including--
            ``(1) an agreement between the entity that owns or controls 
        the right-of-way and the applicant addressing access to right-
        of-way throughout the project; and
            ``(2) a cost-sharing agreement with the funding amounts 
        that the entity that owns or controls the right-of-way shall 
        contribute to the project, which shall be not less than 10 
        percent of the total project cost.
    ``(c) Eligible Projects.--The following projects are eligible to 
receive a grant under this section:
            ``(1) Installation, repair, or improvement of grade 
        crossing separations.
            ``(2) Grade crossing elimination incidental to eligible 
        grade crossing separation projects.
            ``(3) Project planning, development, and environmental work 
        related to a project described in paragraph (1) or (2).
    ``(d) Project Selection Criteria.--
            ``(1) Large projects.--Of amounts made available to carry 
        out this section, not more than 50 percent shall be available 
        for projects with total costs of $100,000,000 or greater.
            ``(2) Considerations.--In awarding grants under this 
        section, the Secretary--
                    ``(A) shall give priority to projects that maximize 
                the safety benefits of Federal funding; and
                    ``(B) may evaluate applications on the safety 
                profile of the existing crossing, 10-year history of 
                accidents at such crossing, inclusion of the proposed 
                project on a grade crossing safety action plan, average 
                automobile traffic, freight train traffic, average 
                daily number of crossing closures, and proximity of 
                community resources, including schools, hospitals, fire 
                stations, police stations, and emergency medical 
                service facilities.
    ``(e) Federal Share of Total Project Costs.--
            ``(1) Total project costs.--The Secretary shall estimate 
        the total costs of a project under this section based on the 
        best available information, including any available engineering 
        studies, studies of economic feasibility, environmental 
        analysis, and information on the expected use of equipment or 
        facilities.
            ``(2) Federal share.--
                    ``(A) Projects over $40,000,000.--For projects 
                exceeding $40,000,000 in total project costs, the 
                Federal share under this section for such project shall 
                not exceed 65 percent.
                    ``(B) Projects under $40,000,000.--For projects not 
                exceeding $40,000,000 in total project costs, the 
                Federal share under this section for such project shall 
                not exceed 85 percent.
    ``(f) Grant Conditions.--An eligible entity may not receive a grant 
for a project under this section unless such project is in compliance 
with section 22905, except that 22905(b) shall only apply to a person 
that conducts rail operations.
    ``(g) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) a public agency or publicly chartered 
                authority;
                    ``(C) a metropolitan planning organization;
                    ``(D) a political subdivision of a State; and
                    ``(E) a Tribal government.
            ``(2) Metropolitan planning organization.--The term 
        `metropolitan planning organization' has the meaning given such 
        term in section 134(b) of title 23.
            ``(3) State.--The term `State' means a State of the United 
        States or the District of Columbia.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by this division, is 
further amended by adding at the end the following:

``20171. Grade crossing separation grants.''.

SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20172. Rail safety public awareness grants
    ``(a) Grant.--The Administrator of the Federal Railroad 
Administration shall make grants to eligible entities to carry out 
public information and education programs to help prevent and reduce 
rail-related pedestrian, motor vehicle, and other accidents, incidents, 
injuries, and fatalities, and to improve awareness along railroad 
rights-of-way and at railway-highway grade crossings.
    ``(b) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Administrator an 
application in such form, in such manner, and containing such 
information as the Secretary may require.
    ``(c) Contents.--Programs eligible for a grant under this section--
            ``(1) shall include, as appropriate--
                    ``(A) development, placement, and dissemination of 
                public service announcements in appropriate media;
                    ``(B) school presentations, driver safety 
                education, materials, and public awareness campaigns; 
                and
                    ``(C) disseminating information to the public on 
                how to identify and report to the appropriate 
                authorities unsafe or malfunctioning highway-rail grade 
                crossings; and
            ``(2) may include targeted and sustained outreach in 
        communities at greatest risk to develop measures to reduce such 
        risk.
    ``(d) Coordination.--Eligible entities shall coordinate program 
activities with local communities, law enforcement and emergency 
responders, and rail carriers, as appropriate, and ensure consistency 
with State highway-rail grade crossing action plans required under 
section 11401(b) of the FAST Act (49 U.S.C. 22501 note) and the report 
titled `National Strategy to Prevent Trespassing on Railroad Property' 
issued by the Federal Railroad Administration in October 2018.
    ``(e) Prioritization.--In awarding grants under this section, the 
Administrator shall give priority to applications for programs that--
            ``(1) are nationally recognized;
            ``(2) are targeted at schools in close proximity to 
        railroad rights-of-way;
            ``(3) partner with nearby railroad carriers; or
            ``(4) focus on communities with a recorded history of 
        repeated grade crossing accidents.
    ``(f) Definitions.--In this section:
            ``(1) Eligible entity.--the term `eligible entity' means--
                    ``(A) a nonprofit organization;
                    ``(B) a State;
                    ``(C) a political subdivision of a State; and
                    ``(D) a law enforcement agency or emergency 
                response organization.
            ``(2) State.--The term `State' means a State of the United 
        States or the District of Columbia.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by this division, is 
further amended by adding at the end the following:

``20172. Rail safety public awareness grants.''.

SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC 
              GRADE CROSSINGS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20173. Time limit for blocking a rail crossing
    ``(a) Time Limit.--A train, locomotive, railroad car, or other rail 
equipment is prohibited from blocking a crossing for more than 10 
minutes, unless the train, locomotive, or other equipment is directly 
delayed by--
            ``(1) a casualty or serious injury;
            ``(2) an accident;
            ``(3) a track obstruction;
            ``(4) an act of God; or
            ``(5) a derailment or a major equipment failure that 
        prevents the train from advancing.
    ``(b) Civil Penalty.--The Secretary of Transportation may issue 
civil penalties for violations of subsection (a) in accordance with 
section 21301.
    ``(c) Delegation.--The Secretary may delegate enforcement actions 
under subsection (b) to States either through a State inspector 
certified by the Federal Railroad Administration, or other law 
enforcement officials as designated by the States and approved by the 
Administration. The Secretary shall issue guidance or regulations not 
later than 1 year after the date of enactment on the criteria and 
process for States to gain approval under this section.
    ``(d) Application to Amtrak and Commuter Railroads.--This section 
shall not apply to Amtrak or commuter authorities, including Amtrak and 
commuter authorities' operations run or dispatched by a Class I 
railroad.
    ``(e) Definitions.--In this section:
            ``(1) Crossing.--The term `crossing' means a location 
        within a State in which a public highway, road, or street, 
        including associated sidewalks and pathways, crosses 1 or more 
        railroad tracks either at grade or grade-separated.
            ``(2) Blocked crossing.--The term `blocked crossing' means 
        a circumstance in which a train, locomotive, railroad car, or 
        other rail equipment is stopped or is standing in a manner that 
        obstructs public travel at a crossing.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is further amended by adding at 
the end the following new item:

``20173. Time limit for blocking a rail crossing.''.

SEC. 9554. NATIONAL STRATEGY TO ADDRESS BLOCKED CROSSINGS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, 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, and make publicly available on the 
website of the Department of Transportation, a report containing a 
national strategy to address blocked crossings.
    (b) Public Law 116-94.--The strategy required under subsection (a) 
shall incorporate the recommendations and briefing described in the 
report accompanying the Department of Transportation Appropriations 
Act, 2020 (Public Law 116-94) with respect to the amounts provided 
under the heading ``Federal Railroad Administration--Safety and 
Operations''.
    (c) Report Contents.--The strategy required under subsection (a) 
shall include an analysis of the following topics, including any 
specific legislative or regulatory recommendations:
            (1) How best to engage the public, representatives of labor 
        organizations representing railroad employees, law enforcement 
        officers, highway traffic officials, or other employees of a 
        public agency acting in an official capacity to identify and 
        address blocked crossings.
            (2) How technology and positive train control system data 
        can be used to identify and address instances of blocked 
        crossings.
            (3) How to identify and address instances of blocked 
        crossings at crossings with passive or no warning devices.
            (4) How best to use the data collected under a webpage 
        established by the Secretary for the public and law enforcement 
        to report instances of blocked crossings, including whether 
        such data should be verified by each rail carrier or 
        incorporated into the national crossing inventory established 
        under section 20160 of title 49, United States Code.
    (d) Updating Strategy.--The Secretary shall evaluate the strategy 
developed under this section not less than every 5 years, and update it 
as needed.
    (e) Definitions.--In this section:
            (1) Blocked crossing.--The term ``blocked crossing'' means 
        a circumstance in which a train, locomotive, railroad car, or 
        other rail equipment is stopped or is standing in a manner that 
        obstructs public travel at a crossing.
            (2) Positive train control system.--The term ``positive 
        train control system'' has the meaning given the term in 
        section 20157(i) of title 49, United States Code.

SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.

    Section 20152 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C) by striking ``or'' 
                        at the end;
                            (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (iii) by inserting the following after 
                        subparagraph (C):
                    ``(D) blocked crossings; or'';
                    (B) in paragraph (4)--
                            (i) by striking ``paragraph (1)(C) or (D)'' 
                        and inserting ``subparagraph (C), (D), or (E) 
                        of paragraph (1)''; and
                            (ii) by striking ``and'' at the end;
                    (C) in paragraph (5) by striking the period at the 
                end and inserting ``; and'' ; and
                    (D) by adding at the end the following:
            ``(6) promptly inform the Secretary if the number required 
        to be established under subsection (a) has changed and report 
        the new number to the Secretary.''; and
            (2) by adding at the end the following:
    ``(c) Publication of Telephone Numbers.--The Secretary shall make 
any telephone number established under subsection (a) publicly 
available on the website of the Department of Transportation.''.
                                 <all>